U.S. Agency for Global Media
Operations during a
Lapse in
Appropriations
Final
Updated:
Monday, September 25, 2023
U.S. Agency for Global Media (USAGM) Shutdown
Guidance
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Table of Contents
I.
Background
II.
Determination of Excepted Activities and Positions
A.
Definition of Excepted Activities
B.
Protection of Human Life and Property
C.
Conduct of Foreign Relations Activities
D.
Other Activities
III.
Shutdown Preparation Activities
A.
Orderly Shutdown of Non-Excepted Activities
B.
Personnel
1.
Furlough Decision Notice
2.
Hiring and Recruitment During the Furlough
3.
FSNs/Personal Services Agreements/Foreign National Personal
Services Contracts/Locally Employed Staff
4.
Part-time and Intermittent Employees
5.
Rotation of Personnel
C.
Time and Attendance Reporting
D.
Contracts
E.
Obligations and Disbursements
F.
Travel
G.
Training
H.
Representation Events
1. Domestic events
2. Overseas events
I.
Communications
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I. Background
The United States Constitution provides that “[n]o money shall be drawn from the Treasury, but
in consequence of appropriations made by law.” U.S. Constitution Article I, § 9, cl.7. The Anti-
Deficiency Act (ADA) seeks to ensure proper implementation of this constitutional requirement
by prohibiting all officers and employees of the federal government from entering into obligations
in advance of an appropriation. To that end, the ADA restricts the acceptance of services from
federal personnel, entering into contracts and executing grants, except in cases of emergencies or
as otherwise authorized by law. See 31 U.S.C 1341 et.seq.
Estimated time (to nearest half day) required to complete shutdown activities: 0.5
Total number of USAGM employees expected to be on board before implementation of the plan: 1,287
Compensation is financed by a resource other than annual appropriations:
Necessary to perform activities expressly authorized by law:
963
Necessary to perform activities necessarily implied by law:
Necessary to the discharge of the President's constitutional duties and powers:
Necessary to protect life and property:
22
Brief summary of significant agency activities that will cease during a lapse: Agency support services (i.e. HR,
CFO Office, Training) except any support services necessary to facilitate the creation of content and/or necessary to
keep broadcasts on air will cease during a lapse including most management positions, especially support service
management will cease during a lapse. No new programs or projects will be initiated.
USAGM LAPSE PLAN OVERVIEW
Total number of employees to be retained under the plan for each of the following categories:
Brief summary of significant agency activities that will continue during a lapse: Activities necessary for the
safety of human life or the protection of property, and for conducting foreign relations essential to the national
security will continue during a lapse. Minimum operations necessary to keep the USAGM global distribution
network operational will continue. Activities related to the creation of essential content in order to keep
programming on air will continue such as the work performed by broadcast technicians, journalists, editors,
producers, reporters.
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In absence of an appropriation to continue operations, the ADA would prohibit many but not all
government functions. The Office of Legal Counsel (OLC), the Office of Management and Budget
(OMB), and the Government Accountability Office (GAO) recognize various activities that are
excepted from the general prohibition against incurring obligations that would otherwise apply
under the ADA (hereinafter, “excepted activities”). In respect of such excepted activities, agencies
may continue to incur obligations during a funding gap.
The ADA provides for the possibility of imposing significant criminal penalties for any employee
or government official who knowingly and willfully violates the Act, including by continuing to
incur obligations from non-excepted activities during a funding gap. These penalties may include
fines of up to $5,000 and imprisonment of up to two (2) years per violation. The Department of
Justice has historically taken the position that it may seek to impose these penalties under
appropriate circumstances against federal officials or employees who fail to cease applicable
government functions during a funding gap (43 U.S. Op. Atty. Gen. 224, 229 (1980)). In addition
to criminal penalties, the ADA also has significant administrative penalties for failure to comply.
II. Determination of Excepted Activities and Positions
A.
Definition of Excepted Activities
Excepted activities that may be continued in an absence of appropriations include those activities
which are (i) necessary to execute an orderly shutdown of affected operations, (ii) necessary for
the safety of human life or the protection of property, and (iii) necessary for conducting foreign
relations essential to the national security. Employees performing excepted activities will continue
to report to work and perform their duties.
Please note that the definition of an employee of the federal government only includes those
individuals who are directly employed by the United States Government. The definition does not
include
contractors, such as purchase order vendors, stringers, and other individuals or entities who
maintain contractual relationships with the USAGM. The treatment of contractual services is
covered in a later section of this guidance.
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B.
Essential Activities for the Protection of Human Life and Property
To qualify as an essential activity for the protection of human life and property, there must be
some
reasonable connection between the activity and the safety of human life or the protection of
property. There must also be some reasonable likelihood that such safety and protection would be
compromised to some degree by delay in the performance of the function in question. At the U.S.
Agency for Global Media (USAGM), this would include the protection of all government property,
including headquarters, domestic
and overseas transmitting stations, overseas bureaus, and
equipment used in USAGM operations. The
Office of Security and security guards will continue
to protect domestic facilities and personnel in the event of a shutdown. It would also include
reasonable support services related to the protection of human life and property. As many USAGM
employees are stationed overseas or may be on travel
status and may need to be recalled, USAGM
should maintain minimal operations to protect such personnel in case emergency travel is
warranted or to the extent required to recall personnel to their duty stations or to the United States.
The chart below shows an estimate, by USAGM entity, of Government personnel that fall in this
category. (Approximately 1.71% of the USAGM workforce, or an estimated 22 Government
personnel.)
C.
Conduct of Foreign Relations Activities Essential to the National
Security
The USAGM Office of General Counsel (OGC) has issued a memorandum establishing that there
is a
sufficient legal basis for USAGM’s determination that United States international
broadcasting
activities of the USAGM qualify as “foreign relations essential to the national security”
and are,
therefore, excepted activities which may continue during the appropriations lapse. These
excepted
activities represent the minimum activities necessary to produce and distribute Voice of America
(VOA) and Office of Cuba Broadcasting (OCB) programming and to distribute
programming of
the USAGM. Federal employees who are covered by this exception include the
minimum VOA,
OCB, Technology, Services, and Innovation (TSI), and USAGM Mission Support employees
required to produce and distribute relevant programming.
Similarly, the USAGM OGC has determined that the non-federal entity networks, Radio Free
Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA), and Middle East Broadcasting
Networks, Inc. (MBN), also engage in core broadcasting activities for the Agency that qualify as
“foreign relations essential to the national security” and are, therefore, excepted activities which
may continue during the appropriations lapse. Accordingly, the Agency may incur obligations in
support of the
non-federal entity networks’ core broadcasting activities. Activities of USAGM’s
non-federal entity, the Open Technology Fund (OTF), that are necessary to support the production
and distribution of programming are also excepted activities which may continue during the
appropriations lapse. Accordingly, the Agency may incur obligations in support of these activities.
The scope of this excepted activity is based on the following programming assumptions:
Minimum operations necessary to keep the USAGM global distribution network
operational;
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Current programming schedule remains, with minimum operations necessary to stay on the
air;
Highest priority news programs continue;
Breaking news is covered;
No new programs or projects are initiated;
Evergreen and pre-recorded material will be used to the highest extent possible;
Internet and new media operations continue as appropriate; and
Excepted employees are those essential to produce and distribute these programs.
The chart below shows an estimate, by USAGM entity, of Government personnel that fall in this
category. (Approximately 74.83% of the USAGM workforce, or an estimated 963 Government
personnel.)
D.
Other Categories of Excepted Activities
USAGM is not planning on and does not maintain any activities that engage in military law
enforcement or health care. In addition, USAGM is not requesting an exemption to continue
operations for employees whose compensation is financed by resources other than the annual
appropriation. As such, no USAGM employees fall into this category.
Table 1. Approximate USAGM Staffing Categories
III. Shutdown Preparation Activities
To prepare for a shutdown, each USAGM office should assemble a list of those activities, inclusive
of personnel requirements that are essential to performance of excepted activities. Information
must, at
a minimum, include the number of employees expected to be on board at the
implementation of the plan, minimum number of employees to be retained under the plan,
segregated by those employees essential for the protection of human life and property and those
employees necessary to the
conduct of foreign relations essential to the national.
All required information will be collected using a standard template provided by the USAGM
Office of Human Resources (HR). Office of Chief Financial Officer (OCFO) will consolidate and
assemble the
information, update shutdown plans, and submit those plans to OMB.
USAGM
FEDERAL
ENTITIES
FURLOUGHED
EXCEPTED
TOTAL
STAFF
Human Life
Foreign Relations
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In the event of an actual shutdown, the OCFO and HR will request the list of the names of
employees who will be reporting to work in support of excepted activities in accordance with the
shutdown plans.
The list should be accompanied by a certification from the USAGM CEOor Delegate, VOA
Director, OCB Director, TSI Director, Chief Management Officer or CFO as appropriate,
indicating, “Obligations for salaries for the attached list of employees are necessary to carry out
excepted activities, as outlined in the USAGM shutdown plans, in the absence of an
appropriation.”
Office of Human Resources will prepare employee notices.
Managers/Supervisors are responsible for ensuring they have contact information from all of their
assigned personnel. Managers/Supervisors are also responsible for ensuring that the contact
information of their personnel is updated regularly and provided to HR and required offices
A.
Orderly Shutdown of Non-Excepted Activities
All employees scheduled to work on the first workday following a lapse in appropriations
should report to work.
Non-excepted employees (employees receiving furlough notices) should perform those tasks
necessary to safeguard property, records, and information for an orderly shutdown. In addition,
non-excepted personnel should take measures to secure files; make external contacts necessary to
communicate the office's status, such as notifying parties of the cessation of normal business;
cancel non-essential meetings, conferences, travel, and other previously arranged business;
document the status of cases and projects so that they can be resumed, transferred, or otherwise
appropriately handled when the Agency’s operational status is regularized; complete, approve, and
record time and attendance for all employees through last day before the shutdown; perform those
tasks necessary to protect confidential information; and perform necessary functions to process all
unpaid and due bills on hand for obligations incurred prior to the shutdown. It is anticipated that
these activities will take approximately four (4) hours.
Non-excepted telework and remote workers may conduct shutdown activities remotely.
After performing the functions necessary for an orderly suspension of non-excepted operations,
employees performing “non-excepted” activities will be furloughed. Managers are reminded that
the Federal Government cannot accept voluntary services; therefore, no employee may work if he
or she is in a non-excepted status. These employees should listen to the news for information about
the appropriation. USAGM will post information about the status of the shutdown on the
USAGM website, www.USAGM.gov, and provide information about when furloughed employees
should report
to work. The USAGM has also established a phone line (202-920-4357) where
employees may call in to determine the status of the shutdown. Furloughed personnel may continue
to monitor their USAGM email accounts for up to date information on shutdown related matters
only if another Continuing Resolution (CR) or an appropriation bill
is enacted (passed by the
U.S. Agency for Global Media (USAGM) Shutdown
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House and the Senate and signed by the President), employees will be
directed to report back to
work on their next scheduled workday, unless otherwise told to do so earlier (e.g., in rare cases
recalled from furlough for excepted work).
B.
Personnel
HR staff will coordinate the electronic delivery of furlough notices to the employee’s official
USAGM email. The electronic notice requests a reply acknowledgment from the employee.
Employees are authorized to use Government-issued laptops and mobile devices and to monitor their
USAGM email accounts for shutdown related matters only.
If the employee does not have Government-issued equipment, is unable to monitor their Government
email, or does not acknowledge receipt of their furlough notice within a week of distribution,an email
will be sent to their respective personal email for notification of furlough actions (if their personal
email is available).
The CFO will examine the text of any subsequent appropriation or continuing resolution to
determine if Congress has authorized retroactive pay for employees.
1. Furlough Decision Notice Due to Lapse of Appropriations (5 CFR PART 752)
The text of the notice of furlough appears below:
In the absence of either a Fiscal Year (FY) 2024 appropriation, or a continuing resolution for the U.S.
Agency for Global Media (USAGM) (formerly the Broadcasting Board of Governors), no further financial
obligations may be incurred by USAGM, except for those related to the orderly suspension of USAGM
operations or performance of excepted activities as defined in the Office of Management and Budget
memorandum for Heads of Executive Departments and Agencies dated November 17, 1981 and subsequent
guidance. Because your services are no longer needed for orderly suspension of operations and you are not
engaged in one of the excepted functions, you are being placed in a furlough status effective four (4) hours
after the beginning of your first daily tour of duty beginning on or after [insert date here]. This furlough,
i.e., non-duty, non-pay status, is not expected to exceed 30 calendar days. Therefore, this furlough notice
expires on [insert date here].
You should monitor public broadcasts and USAGM.gov for further information.  Furloughed personnel
may continue to monitor their USAGM email accounts for up-to-date information on shutdown related
matters only.  When you hear that a continuing resolution or a Fiscal Year 2024 appropriation that covers
USAGM has been approved, you will be expected to return to work at the beginning of your daily tour of
duty on your next regular duty workday. 
This action is being taken because of a sudden emergency requiring curtailment of the Agency's activities;
therefore, no advance notification is possible. The customary 30-day advance notice period and opportunity
to answer are suspended under the provisions of 5 CFR 752.404(d)(2). The 30-day advance notice otherwise
required by 5 CFR 359.806(a) for Senior Executive Service (SES) career appointees (other than reemployed
annuitants) has been waived due to a sudden emergency requiring curtailment of activities.
If employees are being retained in your competitive level or competitive area, they are retained because
their services are required during the orderly suspension of agency operations or because they are
performing one of the excepted activities defined in the OMB memorandum.
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During the furlough period, you will be in a non-pay, non-duty status and you may not work at your
workplace or any alternative worksite unless and until recalled. You are not permitted to work as an
unpaid volunteer. Any paid leave (annual, sick, court, etc.) approved for use during the furlough period is
hereby cancelled.
After the lapse ends, you will receive your “standard rate of pay” for the furlough period in accordance
with 31 U.S.C. 1341(c) as soon as possible. (This means that employees who would have been in pay status
but for the lapse in appropriations will receive their full regular pay for any furlough period.)
FILING WITH THE MERIT SYSTEMS PROTECTION BOARD
Employees who have completed a probationary or trial period or one (1) year of current continuous
employment in the competitive service under other than a temporary appointment limited to one (1) year
or less may appeal this action to the Merit Systems Protection Board (MSPB). GS employees in the
excepted service who have veteran’s preference may appeal to the MSPB if they have completed one (1)
year of current continuous service in the same or similar positions as the one now held. GS Employees
in the excepted service who do not have veteran’s preference and who are not serving a probationary
or trial period under an initial appointment pending conversion to the competitive service may appeal
to the MSPB if they have completed two (2) years of current continuous service in the same or similar
positions in an Executive agency under other than a temporary appointment limited to two (2) years or
less.
Career SES appointees (except reemployed annuitants) who believe requirements of 5 CFR part 359,
subpart H, or the Agency's procedures have not been correctly applied may also appeal to MSPB.
Career SES appointees may inspect the regulations and records pertinent to this action in the Office of
Human Resources.
NOTICE OF APPEAL RIGHTS
The following is provided regarding your rights to appeal this decision. You may file an appeal with one
of the following: the U.S. Merit Systems Protection Board (MSPB), the Office of Special Counsel, the
Equal Employment Opportunity Commission or if your position is within either the AFGE, Local 1812
or AFSCME, Local 1418 bargaining units, you may file a grievance under the negotiated grievance
procedure contained in the Negotiated Labor Management Agreement (NLMA) between your exclusive
representative (i.e., union) and this Agency. (See information below if your position is within the AFSA
bargaining unit.)
You have the right to appeal this action to the U.S. Merit Systems Protection Board (MSPB). If you elect
to appeal to the MSPB, your appeal must be filed in writing no later than thirty (30) calendar days after
the effective date of your furlough, or 30 days after the date of your receipt of this decision notice
whichever is later. You may obtain information about the appeals process and a copy of the MSPB
Appeal Form (MSPB Form 185) from the MSPB website at http://www.mspb.gov/appeals/appeals.htm.
Your appeal should give the reasons for contesting the action, along with any offer of proof and pertinent
documents that you are able to submit. MSPB requires an appeal to be filed with the MSPB regional or
field office serving the area where your duty station was located when the action was taken. Filing may
be made by mail, facsimile, commercial overnight delivery, or personal delivery: The most common duty
locations and applicable Regional Office are below. Additional regional/field offices information can
be found at U.S. Merit Systems Protection Board | Contacts and Locations (mspb.gov) U.S. Merit
Systems Protection Board | Contacts and Locations (mspb.gov)
Washington, D.C., North Carolina
U.S. Agency for Global Media (USAGM) Shutdown
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U.S. Merit Systems Protection Board
Washington, DC Regional Office
1901 S. Bell Street, Suite 950
Arlington, VA 22202
Fax: (703) 756-7112
Florida:
U.S. Merit Systems Protection Board
Atlanta Regional Office
401 W Peachtree Street, NW
10th Floor
Atlanta, GA 30308-3519
Fax: (404) 730-2767
New York:
U.S. Merit Systems Protection Board
New York Field Office
26 Federal Plaza
Room 3137-A
New York, NY 10278-0022
Fax: (212) 264-1417
Los Angeles or Pacific overseas to:
U.S. Merit Systems Protection Board
Western Regional Office
1301 Clay Street, Suite 1380N
Oakland, CA 94612-5217
Fax: (510) 273-7136
You may file an appeal electronically through the MSPB website (https://e-appeal.mspb.gov/.) If you opt
to file in this manner, you should follow the link to e-Appeal. The date of filing shall be determined by the
date the appeal is postmarked, the date of the facsimile transmission, the date it is delivered to a
commercial overnight delivery service, the date you send it electronically, or the date of receipt, if you
deliver it personally.). If you are unable to access this information through the internet, please contact
the Office of Human Resources, at (202) 920-2400, and arrangements will be made to provide you with
this information.
You may seek corrective action before the Office of Special Counsel (OSC), www.osc.gov.
If you choose to seek corrective action concerning whistleblowing activities directly with the OSC and not
as affirmative defense to a MSPB appeal, OSC will notify you of its decision, including providing any
appeal rights to the MSPB you may have at that time. Any appeal to the MSPB at that time must be filed
within 60 days of notification that OSC has terminated its investigation or 120 days after seeking
corrective action and OSC has not notified you that it shall seek corrective action on your behalf. If you
appeal to the MSPB after first going to the OSC, the MSPB may only consider whether the Agency's action
was taken against you in retaliation for making prohibited whistleblowing disclosures. You are prohibited
from raising other affirmative defenses in this corrective action appeal.
You have the right to contact the Agency's Office of Civil Rights to initiate an EEO complaint within forty-
five (45) calendar days from the date of receipt of this letter if you believe that the Agency is taking this
U.S. Agency for Global Media (USAGM) Shutdown
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action because of your race, color, religion, sex, national origin, disability, age, genetic information, or
in retaliation for your previous participation in the EEO process. You may either pursue discrimination
allegations through the EEO process or you may raise discrimination based upon race, color, religion,
sex, national origin, disability, age, genetic information, or retaliation for your previous participation in
the EEO process as a defense in the MSPB appeal, but not both.
If you are a bargaining unit employee covered either by the AGFE, Local 1812 or the AFSCME, Local
1418 Negotiated Labor Management Agreement (NLMA), you may file a grievance regarding this action
under the applicable grievance procedures of the NLMA between your exclusive representative and this
Agency or you may appeal to the MSPB in accordance with the procedures outlined above, but not both.
You may contact your AFGE or AFSCME Local officials for more information on filing a grievance under
the negotiated grievance procedure.
Filing a grievance will not extend the time limit for filing an appeal with the Board. These rights are
described in the Code of Federal Regulations, 5 C.F.R. § 1201.21. If you are an AFSA bargaining unit
member, you may use the grievance procedures under 3 FAM 4400.
If you are an AFGE, Local 1812 bargaining unit member, selection of the Negotiated Grievance Procedure
does not prejudice your right to request MSPB review of the final decision pursuant to 5 U.S.C. § 7702. If
you are an AFSCME bargaining unit member and you allege that this action is based on discrimination
as discussed above, you must appeal to either the MSPB or the EEOC.
Any communication from the MSPB, including the Acknowledgement Order and a copy of the appeal,
should be sent to:
Office of the General Counsel
U.S. Agency for Global Media
330 Independence Ave., S.W., Suite 3349
Washington, DC 20237
202-203-4550
202-203-4585 (fax)
Employees have a right to representation in this matter by their union, an attorney or other person of
their choosing.
Attached is the SF-8, Notice to Federal Employee about Unemployment Insurance. Additional
information about unemployment insurance is available at:
http://www.servicelocator.org/OWSLinks.asp
We recognize the difficult financial implications of any furlough, no matter how limited its
length. We will make every effort to keep you informed as additional information regarding the
agency funding level becomes available.
If you have questions about any of the information in this notice, you should contact the Office of
Human Resources at HRCustomerServi[email protected]v or at (202) 920-2400.
Sincerely,
Amanda Bennett
Chief Executive Officer
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I acknowledge receipt of this decision
______________________________________________________
Employee’s Printed Name & Signature Date
Attachment: SF-8
2. Hiring and Recruitment during the Furlough
An immediate hiring freeze will apply during a lapse in appropriations. Entry-on-duty dates for
prospective employees with employment offers are suspended until the funding lapse is over. No
new job offers may be made.
*NOTE: All non-excepted personnel support activities are suspended.
3. Foreign Service Nationals (FSNs) /Foreign National Personal Services Contracts
(FS PSCs) /Locally Employed Staff (LES)
Foreign Service Nationals, Personal Service Agreements (PSAs), Foreign National
Personal
Services Contracts personnel, or Locally Employed Staff may, under local foreign law, be required
to be
paid whether or not work is performed. For these cases, the USAGM entity lead must notify
the USAGM CFO and USAGM General Counsel of these cases for a resolution. FSNs, PSAs, FS
PSCs, and LES employees may be authorized by USAGM to continue work if they can be
supervised properly. Supervisory American staff may not be justified as “excepted” employees
during a furlough solely on the basis of their supervisory role; their “excepted” status must be
independently justified based on the categories of excepted activities discussed above. If
supervisory staffs are not excepted and FSNs, PSAs, FS PSCs, and LES employees cannot
operate without such supervision, these employees must be put on administrative leave.
4. Part-Time and Intermittent Employees
For part-time employees, time spent in non-pay, non-work status will be prorated based upon the
number of hours normally worked during a pay period.
Intermittent employees are non-full-time employees without a regularly scheduled tour of duty.
This group of employees may be called to work during a furlough only to perform excepted
functions.
5. Rotation of Personnel
There may be instances where the USAGM or entity leadership determine will need to have a
rotation of personnel to accomplish excepted activities. Rotations are discouraged for several
reasons, including that rotations may affect the
eligibility of individuals for unemployment
U.S. Agency for Global Media (USAGM) Shutdown
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compensation, may impair continuity in USAGM functions, and may entail an unnecessary
administrative workload required to bring employees in and out of furlough status. Even though
rotations are discouraged, there may be the need to bring furloughed employees into excepted
status and as well as change excepted personnel to furloughed status.
Should the shutdown extend longer than a few days, VOA, OCB, TSI, or USAGM Mission
Support senior management should
be consulted regarding whether rotations of personnel are
warranted. Any such requests will be
provided in writing. These decisions will be made on a case-
by-case basis. Decisions on rotations must be made on the basis of the USAGM’s needs related to
the positions needed to carry out the
excepted activities and the qualifications of individual
employees in those positions. Any rotation of personnel decisions will be made by the USAGM
CEO, VOA Director, OCB Director, TSI Director, Chief Management Officer, or their designated
representatives and will be based solely on the requirement for providing continuing services of
the USAGM.
Additionally, USAGM Offices should submit excepted/furlough status changes using provided
template to OCFO and HR. Templates will be used to update the master employee status list.
C.
Time and Attendance Reporting
During a lapse of funding, appropriations are not available for the payment of any obligation,
including payroll. A subsequent continuing resolution or the FY 2024 appropriations bill must
contain a provision that authorizes payments for payroll obligations incurred during the shutdown
period. Until the appropriation is passed, the exact terms of the provision, including retroactive
compensation for furloughed employees, remain unknown.
Accurate time and attendance records should be maintained for all excepted employees utilizing
processes in place in each office to record time worked and each excepted employee must badge
in and out of the building. This includes the requirement that excepted employees continue the
normal time and attendance documentation process, to include recording their time in WebTA.
The following guidance should be utilized only if a subsequent continuing resolution or the
FY 2024 appropriations bill contains provisions for retroactive compensation for furloughed
employees. Additional guidance will be provided if no appropriations bill or continuing
resolution is passed to provide retroactive compensation. Additional guidance for timekeepers will
be transmitted to the CFO Timekeepers group email distribution.
1. Telework
During a lapse in funding resulting in a government shutdown, supervisors may need to limit
employees’ ability to telework due to changes in employee work assignments, changed needs for
in-office staff coverage, or other unique circumstances. In the event of a shutdown, the Agency’s
Telework Policy still governs telework by excepted employees, including a supervisor’s discretion
to cancel scheduled telework days, a supervisor’s discretion to deny requests for situational
telework, and an employee’s responsibility to report to the office whenever the supervisor informs
the employee that his/her physical presence is required. Provided that changed circumstances do
not affect an excepted employee’s ability to telework, excepted employees with regular telework
U.S. Agency for Global Media (USAGM) Shutdown
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schedules may be allowed to telework on the days specified in their telework agreements.
2. Remote work
During a lapse in funding resulting in a government shutdown, the Agency’s Remote Work policy
still applies.
3. Pay for the Furlough Period
For the furlough period, employees must receive the same compensation they would have received
had they performed their normal duties. Once new legislation is enacted, we will inform you
whether to implement this guidance. Therefore, allowances, differentials, and other payments will
be paid as if an employee actually continued to work. Unless the new legislation overrides existing
statutes and regulations, the only exception to this rule would be Sunday Premium Pay, which is
only paid to eligible employees who are scheduled to work during Sunday and actually worked on
that day.
4. Reporting Hours during the Furlough Period
During the lapse in appropriations, employees must be either (1) at work performing excepted
activities, or (2) furloughed. They, therefore, cannot be in a paid leave status (i.e., annual leave,
sick leave, other paid leave, or compensatory time off) during that period, unless stated in OMB
or OPM updated guidance. Normal hours worked during the furlough period by excepted
employees should be reported as regular duty hours. Except as provided below, absences resulting
from the furlough of non-excepted employees should be reported as administrative leave. These
absences should not be charged to regular duty hours or any form of paid leave (i.e., annual leave,
sick leave, other paid leave, or compensatory time off). If an excepted employee had an emergency
which precluded them from working, the absence should
be reported as time in a furlough status.
In the case of employees who were on approved
leave without pay during the lapse of
appropriations, these absences must continue to be charged to leave without pay.
5. Reporting Time for the First Workday of a Lapse and Subsequent Days
with a Lapse in Appropriations
Special attention should be paid to reporting time and attendance for employees for the first
workday of a lapse since the shutdown may occur during the workday and non-excepted employees
may have worked varying periods of time before departing on furlough. A determination should
be made on the amount of time each non-excepted employee worked on the first furlough day. The
remaining period of time in the employee's duty day would then be considered furlough time and
must be reported as furlough time (for timekeepers: hour type code “KE”), even if the employee
had been previously scheduled to take paid leave later in the day.
D.
Contracts
As the GAO has long recognized, funding gaps due to lapses in appropriations raise particularly
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thorny issues in the area of contractual commitments, where generally applicable ADA
requirements may be in apparent conflict with orderly shutdown activities and with continuation
of excepted functions.
The following guidance provides a framework for consistent treatment of contractual
commitments by USAGM during a shutdown that will minimize ultimate costs and disruptions.
1. Previously awarded contracts that continue in performance during a lapse in
appropriations and have adequate funding previously obligated to permit continued
performance during a
shutdown period should generally be permitted to continue
unless adequate oversight of contractor performance during a shutdown period cannot
be accomplished or the goods or services are not deemed necessary during a shutdown.
If adequate monitoring of contractor performance cannot be provided, suspension or
reduction in performance of non-excepted services should be considered if authorized
by the terms of the contract or if the contractor will negotiate such a suspension or
reduction. Care should be taken not to incur unnecessary costs or jeopardize USAGM’s
future contractual rights by unilateral stop work orders or directions to reduce the scope
of work that are not authorized by the terms of the contract or that will cause the
contractor to incur costs that could subsequently be charged to the
government. In
conjunction with the respective Contracting Officer, offices should review contracts to
determine whether suspension or reduction in performance of non-excepted services
is authorized by the terms of the contract. Contracting Officers should coordinate any such
adjustments to the contracts, as appropriate.
2. For previously awarded contracts and leases that (in the absence of funding) require
renewal
or modification during a lapse in appropriations, obligation of additional funds
for continued performance may be authorized only if necessary to support excepted
activities authorized for continuance under USAGM’s shutdown plan. The necessity
for such renewals or modifications must be certified to the Contracting Officer by the
USAGM CEO or Delegate, VOA Director, OCB Director, TSI Director, or Chief
Management Officer, as appropriate, and authorized on a case-by-case basis by the CFO.
Requests must be accompanied by a written statement/justification of the basis for such
necessity as well as the statement signed by the appropriate Director: “The
obligation is
necessary to carryout excepted activities in the absence of an appropriation.”
Incurring
unfunded obligations for such services during a funding gap does not violate the
ADA,
but payment of such unfunded obligations must be deferred until appropriations are
provided by the Congress. Unfunded contractual commitments should be kept to the
minimum
cost and duration that will meet the essential need.
3. New contractual commitments during a lapse in appropriations may be made only if
necessary to support excepted activities authorized for continuance under USAGM's
shutdown plan. The
necessity for such renewals or modifications must be certified to the
Contracting Officer by the USAGM CEO or Delegate, USAGM Chief of Staff, VOA
Director, TSI Director, OCB Director, or Chief Management Officer, as appropriate, and
authorized on a case-by-case basis by the CFO. Requests must be accompanied by a
written statement/justification of the basis for such necessity as well as the statement
signed by the appropriate Director: “The obligation is necessary to carryout excepted
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activities in the
absence of an appropriation.” Unfunded contractual commitments should
be kept to the
minimum cost and duration that will meet the essential need.
4. No new grants or cooperative agreements may be entered into during the period of a lapse
in appropriations. This includes travel grants.
5. Foreign national personnel with personal services contracts/agreements should be treated
in the same manner as FSN direct hires, where local labor law necessitates. Any
Personal
Services Contractors should be treated in a similar manner as similarly situated
civil service
or Foreign Service employees, retaining only if necessary to perform an
excepted activity.
E.
Obligations and Disbursements
No obligations, or adjustments to existing obligations, may be incurred against USAGM annual
accounts during any lapse of appropriations. However, during a funding lapse, obligations may
continue to be incurred for excepted activities only and must only be incurred for the minimum
amounts necessary. All USAGM personnel must operate under strict constraints that ensure
USAGM is in compliance with GAO, OMB, and OPM guidelines.
While USAGM has legal authority to incur obligations to continue excepted activities during a
lapse in appropriations, obligations cannot be formally recorded in Momentum (USAGM
Financial System of Record), as there
are no funds to record the obligations against. Such
obligations must be kept to a
minimum and must be manually tracked and immediately recorded
in the financial management
system when USAGM appropriations are received. All paper
documents are official records and must be scanned and attached to the financial transaction in the
financial management system when appropriations are received.
Payments may not be processed or disbursed during a lapse period, if the United States Treasury
is part of the funding lapse.
All obligations, adjustments to obligations, and obligating documents issued during the lapse
period must be approved by the USAGM CEO or Delegate, VOA Director, TSI Director, OCB
Director, Chief Management Officer, or CFO, as appropriate, and have the following statement
affixed and signed by the
appropriate Director: “This obligation is necessary to carry out
excepted activities in the absence
of an appropriation.” This should be accompanied by a
written justification on how the transaction qualifies under the “excepted” activities. All paper
documents are official records and must be
scanned and attached to the financial transaction in the
financial management system when appropriations are received. These excepted activities will be
documented on the template provided by the OCFO. Each excepted activity document will have
the entity leader, or designated representative signature, an approval signature from the USAGM
OGC, and an approval signature from the CFO, Deputy CFO, or Budget Director. Without these
approval signatures, this activity WILL NOT be considered excepted activities and will not
proceed. The template for these transactions can be obtained from the USAGM CFO Office
Budget Division.
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F.
Travel
Travel should be limited to that absolutely necessary for emergencies involving the safety of
human life or the protection of property or that considered absolutely necessary for the creation,
production or distribution of USAGM programming which has been deemed to constitute
the
conduct of foreign relations essential to the national security. All other travel plans
(non- excepted activities) should be suspended.
All travel authorizations must be approved by the USAGM CEO or Delegate, VOA Director, OCB
Director, TSI Director, Chief Management Officer, or CFO, as appropriate. The template for these
transactions can be obtained from the USAGM CFO Budget Division.
Travel should not be initiated unless clearly in support of an excepted activity. If personnel are in
travel status overseas at the time of the lapse but are not performing excepted activities, they should
stop work and await further instructions. Because funding for overseas travel is obligated when
the travel commences or when any cost is incurred for the travel (i.e., prior to the lapse), and
because it is likely that any hiatus in funding will be temporary, managers should not instruct
personnel in non-excepted travel status abroad to return to their home duty stations, unless
otherwise directed. If such personnel are not performing excepted activities, they should be
furloughed.
Personnel in domestic travel status who are not performing excepted functions should make
arrangements to return to their duty station city as soon as practicable. Personnel in domestic travel
status who are performing excepted functions may continue.
*NOTE: During a lapse in appropriations, it is anticipated that United States Department of
State
Passport and Visa operations will be suspended, except for emergency reasons.
G.
Training
In accordance with the shutdown plan, employees enrolled in training should not attend class. This
applies to all training, whether conducted by USAGM employees or contractors.
Those domestic personnel in training who are designated as necessary to perform “excepted
functions” should return to their positions; those not so designated will be furloughed.
H.
Representation Events
It is important to consider the perception of a representation event during a government shutdown.
1. Domestic Representation - As a general rule, no domestic representation events
should be held during the shutdown period. Events already scheduled should be
cancelled and no new events planned until the shutdown is over. The USAGM
CEO or Delegate, or CFO may authorize a domestic representation event only if
it is necessary to support excepted activities. Any such request for
representation funds must be previously approved by the VOA Director, TSI
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Director, OCB Director, or Chief Management Officer, as appropriate.
2. Overseas Representation - As a general rule, no overseas representation events
should be held during a shutdown period. The USAGM CEO or Delegate, , or CFO
may authorize a representation event abroad only if it is necessary to support
excepted activities. Any such request for representation funds must be previously
approved by the VOA Director, TSI Director, OCB Director, or Chief Management
Officer, as appropriate.
I.
Communications
If there is no resolution of the budget situation on the last day before a lapse in appropriations and
as directed by Office of Management and Budget, a house announcement will be issued via e-mail
and a notice will be placed on www.USAGM.gov with an update. If a government shutdown is
ordered at midnight, all employees must report to work on the first regularly scheduled workday
to ensure
an orderly closure of non-excepted activities.
Non-excepted employees will perform only those tasks necessary such as:
o Completing and submitting your timesheet for work performed through the current pay
period;
o Safeguarding property, records, and information;
o Securing files; making external contacts necessary to communicate the office's status,
such as notifying parties of the cessation of normal business;
o Cancelling non-essential meetings, conferences, and other previously arranged business
and travel;
o Documenting the status of cases and projects so that they can be resumed, transferred, or
otherwise appropriately handled when the Agency’s operational status is regularized;
o Performing those tasks necessary to protect confidential information;
o Approving and processing all timesheets;
o Processing contractual stop work orders as needed;
o Processing all unpaid and due bills on hand for obligations incurred prior to the shutdown,
and
o Setting up out of office voice/email messages.
It is expected that these activities will take no longer than four (4) hours.
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Those who work atypical schedules, such as Saturdays/Sundays or weekday hours outside the
period of 8:15 AM to 5:00 PM, should confer with their first-line supervisors to obtain a
shutdown notice and carry out shutdown activities.
A contractor may continue to work provided that the contract or order has sufficient funds, and
that an excepted employee is available to accept the supplies or services that are required by the
contract or order and they have not been notified by the office of contracts to stop work.
After performing the functions necessary for an orderly suspension of non-excepted operations,
employees designated as non-excepted will be furloughed. Managers are reminded that the United
States
Government
cannot accept voluntary services; therefore, work cannot be accepted from any
non- excepted employees during a furlough. The Agency will create a standard out-of-office
message
for use on the e-mail accounts of all furloughed employees. Furloughed personnel may
continue to monitor their USAGM email accounts for up to date information on shutdown related
matters only.