NAVY RESERVE FORCE GUIDANCE IN THE EVENT OF A LAPSE IN APPROPRIATIONS ON 22 MAR 2024

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SUBJ/NAVY RESERVE FORCE GUIDANCE IN THE EVENT OF A LAPSE IN
APPROPRIATIONS ON 22 MAR 2024//
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RMKS/1. The current continuing resolution expires at 2359
on 22 March 2024. This is not an order to shutdown and as part of
our effort to keep you apprised of planning efforts, we are
providing further information on how a potential government shutdown
will affect the Navy Reserve Force. In the event of a lapse of
funding, the Navy Reserve Force will execute an orderly shutdown
of operations unless a particular operation or duty supports an
excepted activity. Navy Reserve Activities (NRAs) should continue
proceeding with operations and executing established schedules,
presuming that appropriations will be available after 22 March 2024.
In the event of a lapse of appropriations (i.e., a government
shutdown) Commanders shall implement the following guidance.
2. Excepted Mission Authority: Per the Deputy Secretary of Defense
Memorandum, "Guidance for Continuation of Operations During a Lapse
of Appropriations," dated 27 September 2023, the responsibility for
determining which activities meet the criteria for being excepted
from shutdown resides with the Secretaries of the Military
Departments and Heads of the DoD Components, including the combatant
commanders with respect to activities undertaken by their immediate
headquarters and subordinate Joint headquarters.
2.a. Delegation of Excepted Mission Authority: Those with excepted
activity determination authority listed above may delegate this
authority as they deem appropriate, but Navy Reserve senior
officials are unable to make any excepted activity determinations,
for the activities identified in Paragraph 3 below, until properly
delegated such authority (which has not occurred at the time of
message release). Authorized delegation will be communicated SEPCOR.
3. Excepted Activities. With the approval of an excepted activity
determination authority, the following activities may continue in
case of a lapse of appropriation:
3.a. Mobilization/Deployment: Reserve Component (RC) personnel
identified for mobilization and/or deployment in support of
contingency operations and who are fulfilling requirements in
preparation for those duties may continue those preparation
activities despite a lapse in appropriations.
3.b. Military Operations: As part of providing expeditionary ready
forces across the Naval service, excepted activities include those
scheduled military operations or exercises which are (1) in direct
support and coordination with the Active Component (AC) force;
(2) in direct support of an identified military operation or
activity, as decreed by the President, the Secretary of Defense or
other cognizant authority, for the safety of life or the protection
of property in the interest of national security; and/or
(3) determined to be operationally necessary in order to maintain
mobilization and warfighting readiness.
4. Inactive Duty execution.
4.a. During a lapse in appropriations, RC personnel will not perform
inactive duty, including Inactive Duty Training (IDT) drills and
Additional IDT drills [e.g., RMPs, ATPs etc.], resulting in the
obligation of funds (including for points only), except where such
training directly supports an excepted activity.
4.b. Should a lapse in appropriations occur less than twenty-four
hours before the start of a scheduled drill period, RC personnel,
whose IDT drills do not directly support excepted activities, may
perform an orderly shutdown of unit operations, which includes
concluding previously-scheduled operational training requirements
and taking action to ensure continuity, mobilization readiness and
unit sustainability. RC personnel, who are on-site at a drill
location during a lapse in appropriations and whose IDT drills do
not support an excepted activity, must return to their primary
residence within a reasonable period of time after completing an
orderly shutdown of unit operations. An orderly shutdown for those
members performing on-site IDT drills, which involve non-expected
activities, typically should not exceed one drill period.
4.c. Should a lapse in appropriations continue for an extended
period beyond the weekend of 23 and 24 March 2024, future IDT drill
weekends will only be conducted as necessary to support excepted
activities until appropriations are authorized. Consult your Reserve
Program Director (RPD) or Immediate Superior In Command (ISIC) to
verify if you are performing an approved excepted activity. Sailors
or units not part of an excepted activity are not authorized to
complete IDT of any type (paid, non-paid, additional [ATP, AFTP,
RMP], telework, IDT Travel, etc.) during a lapse in appropriations.
5. Orders.
5.a. Mobilization, Definite Recall and Active Duty for Operational
Support (ADOS). While under a lapse of appropriations, drilling
Selected Reserve (SELRES) members executing mobilization, definite
recall or ADOS orders, which were initiated prior to a lapse in
appropriations, will continue to report for duty on those orders and
carry out assigned duties; however, no extensions to those orders
will be allowed unless it is expressly determined that such orders
involve the performance of an excepted activity. All orders with a
start date of 23 March 2024 or later shall not be executed unless
cognizant authority determines that such orders are in support of an
excepted activity. Prior to cancellation of orders, it is essential
that the Navy Reserve Readiness Unit (NRRU), the NRA, and the
Gaining Command RPD are in constant contact regarding status of
impacted orders.
5.b. Active Duty for Training (ADT) and Annual Training (AT) Orders
initiated before a Lapse in Appropriations.
For members performing ADT or AT prior to a lapse in appropriations,
members may continue performing ADT or AT orders when cognizant
authority determines either those members are engaged in an excepted
activity or those members are engaged in non-excepted activities
which may be performed without incurring new obligations. If the
activity being performed during AT or ADT is not excepted or
involves non-excepted activities which incur new obligations, then
cognizant authority should, in an orderly fashion, modify orders to
direct members to return to their primary residence within a
reasonable period.
5.c. ADT and AT Orders scheduled to begin on 23 March 2024
for members scheduled to perform ADT or AT with a start date of
23 March 2024 or later, those members shall not execute such
orders during a lapse in appropriations unless the ADT or AT
directly involves an excepted activity (as determined by competent
authority).
5.d. Order modifications [e.g., extension of the orders beyond the
original expiration date] not in support of excepted activities will
not be approved unless modification reduces cost of original
obligation.
5.e. All personnel are advised that pay and compensation will be
deferred. Military personnel in an active status will serve without
pay until such time as Congress makes appropriated funds available.
No new obligation may be incurred to support a non-excepted activity
during a lapse in appropriations, as that is a violation of the
Anti-Deficiency Act.
5.f. eMuster in NSIPS must take place to record check-in and ensure
accountability. This muster will ensure payment of the member when
funding is approved.
5.g. AT/ADT/IDTT/ATP will not be used to back-fill non-excepted
civilian positions.
6. Temporary Duty (TDY) Travel and Conference Participation:
6.a. TAR and SELRES TDY travel and conference participation
scheduled to begin on or after 22 March 2024 will be cancelled and
shall not be executed during a lapse in appropriation unless such
participation involves excepted activities (as determined by
cognizant authority) identified in paragraphs 2 and 3 and any SECDEF
guidance or DON guidance. Any TDY travel or conference
participation, which does not involve an excepted activity and that
began prior to the shutdown will, except as noted below, be
terminated (i.e., return to official duty station) as quickly as
possible, in an orderly fashion. This includes TDY travel and
conference participation associated with professional military
education training.
6.b. Local TDY orders may be authorized if no additional cost to
the government is incurred.
7. Follow Commander, Navy Installations Command (CNIC) guidance on
Military Funeral Honors (MFH). If MFH is determined to be an
excepted activity, SELRES utilization ISO MFH will be minimized.
AC or TAR assets will be utilized first and coordinated with CNIC
or designated regional MFH representatives prior to authorizing
performance of MFH by SELRES personnel.
8. TAR personnel on active duty and SELRES members executing
mobilization, definite recall or ADOS orders are expected to report
to duty as ordered. TAR personnel and SELRES members executing
mobilization, definite recall or ADOS orders will serve without pay
until such time as Congress makes appropriated funds available.
Speak to your chain of command about monetary relief and resources
available to you during any prolonged lapse in appropriations.
9. Civilian personnel: ECH III and IV Commanders will enforce
confirmed excepted employee lists provided by originator. Civilian
personnel who are not necessary to carry out or support excepted
activities shall be furloughed using lapse in appropriation
procedures. Published guidance will be provided from separate
DON authorities and may be potentially supplemented by the Navy
Reserve.
10. Good judgment and communication are essential at all levels of
Force leadership. When in doubt, consult with your ISIC and
assigned legal counsel.
11. Further guidance and Standard Operating Procedure (SOP) updates
on excepted activities will be promulgated via RPD Mailbags and
ForceConnect.
12. Released by RADM Michael Steffen Deputy Commander, Navy Reserve
Force.//
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