NAVY RESERVE FORCE GUIDANCE IN THE EVENT OF A LAPSE IN APPROPRIATIONS 18 NOV 2023

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SUBJ/NAVY RESERVE FORCE GUIDANCE IN THE EVENT OF A LAPSE IN
APPROPRIATIONS 18 NOV 2023//
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RMKS/1. The current continuing resolution expires at 2359
on 17 November 2023. As this deadline coincides with the start
of a drill weekend, prudent management requires that we continue
to prepare for all contingencies, including the possibility that
a lapse in appropriations could occur. 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 on 18 November 2023. In the event of a lapse
of appropriations (i.e., a government shutdown) Commanders shall
implement the following guidance.
2. Excepted Mission Authority: Per Office of the Secretary of
Defense (OSD) Memorandum dated 27 September 2023, the
responsibility for determining which activities meet the criteria
for being excepted from shutdown reside with the Secretaries of
the Military Departments and Heads of the DoD Components, including
combatant commanders with respect to activities undertaken by their
immediate headquarters and subordinate Joint headquarters.
2.a. Delegation of Excepted Mission Authority: Those with
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 occured 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 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 Training (IDT) execution.
4.a. Should a lapse in appropriations occur less than twenty-four
hours before the start of a scheduled drill period, Reserve
Component 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.
Reserve Component 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.
4.b. Should a lapse in appropriations continue for an extended
period beyond the weekend of 18 and 19 November 2023, 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 ISIC to verify if you are on
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 lapse in appropriations.
5. Orders.
5.a. While under a lapse of appropriation, drilling SELRES members
executing mobilization, definite recall or ADOS orders, which are
greater than 30 days and were initiated prior to a lapse in
appropriations, may continue on those orders; 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 18 November 2023 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 Navy Reserve Readiness Unit (NRRU),
NRA, and Gaining Command RPD are in constant contact regarding
status of affected orders.
5.b. For members performing Active Duty for Training (ADT) or Annual
Training (AT) prior to a lapse in appropriations, a determination
must be made if those members are engaged in an excepted activity to
continue executing those orders. If cognizant authority determines
that members performing AT or ADT orders are engaged in an excepted
activity, then those members will be allowed to continue those
orders. If the activity being performed during AT or ADT is not
excepted, 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. Order modifications not in support of excepted activities will
not be approved unless modification reduces cost of original
obligation.
5.d. 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 obligation may be made to support non-excepted activity during a
lapse in appropriations, as that is a violation of the AntiDeficiency Act.
5.e. 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.f. 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. Training and Administration of Reserve (TAR) and Selected
Reservists (SELRES) TDY travel and conference participation
scheduled to begin after the shutdown occurs shall not be executed
during a lapse in appropriation, except for excepted activities
(as determined by cognizant authority) identified in paragraphs 2
and 3 and 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 are expected to report to duty as ordered. TAR
personnel 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 a 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 and published guidance provided through separate
guidance.
10. Good judgment and communication is 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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