NCD Agency Shutdown Plan in Absence of Appropriations

Agency Shutdown Plan
December 13, 2022 (PDF)

1. PURPOSE: To provide the National Council on Disability’s (“NCD”) policy guidance and instructions for actions to be taken when Congress fails to enact either regular appropriations, a continuing resolution, or needed supplemental, resulting in an interruption of fund availability. In the absence of appropriations:

• NCD officers may not incur any obligations that cannot lawfully be funded from prior appropriations unless such obligations are otherwise authorized by law.
• NCD officers may incur obligations as necessary for orderly termination of an agency’s functions, but funds may not be disbursed.

2. SCOPE: This plan applies to all NCD personnel including the nine Special Government Employees (private citizen Presidential and Congressional appointees.)

3. POLICY: In order to execute an orderly shutdown, the following information is provided:

• Estimated time to complete shutdown: One half-day;
• Number of on-board employees prior to execution: 11;
• Number of employees retained under plan: 0;
• Executive Director, on behalf of the Chair, will notify OMB that shutdown procedures have initiated;
• Director of Administration, Finance and Operations or designee will notify building management of shutdown status;
• Director of Administration, Finance and Operations will notify all agency personnel of shutdown status and will initiate action to issue furlough notices and other instructions as appropriate;
• Director of Administration, Finance and Operations will direct Contracting Officer’s Representatives to notify agency contractors of shutdown status and other instructions as appropriate;
• Director of Administration, Finance and Operations will direct Network Consultant to ensure servers and other IT equipment are secured; and
• Agency personnel will be instructed to obtain information from news outlets for when a continuing resolution or an FY 2023 appropriation has been approved and that they will be expected to return to work on their next regularly scheduled workday.

4. REFERENCES:

• OMB Circular No. A-ll (2015), Section 124.2, pages 1-2
• OMB Memo M-13-22, Planning for Agency Operations during a Potential Lapse in Appropriations (and attachments), September 17, 2013.

5. REVIEW: This Agency Shutdown Plan has been prepared, with the assistance of NCD’s Director of Administration, Finance, and Operations as well as the Executive Director, and reviewed by the undersigned. It complies with guidance provided in the reference documents.

Respectfully,

Andrés J. Gallegos
Chairman