ARTICLE 29: ARBITRATION PROCESSES

Official CBA pages 138-148

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ARTICLE 29: ARBITRATION PROCESSES

A. PURPOSE:

1. The purpose of this Article is to provide the arbitration processes for grievances consistent

with the December 30, 2022 Determination on Transportation Security Officers and

Collective Bargaining (Determination) (which incorporates the provisions of Chapter 71

of Title 5 of the U.S. Code as set forth in the Determination).

B. ELIGIBILITY:

1. Only grievances that have (1) exhausted the grievance process consistent with Article 28:

Grievance Processes; and (2) are invoked for arbitration consistent with this Article are

eligible for arbitration.

C. TIME LIMITS:

1. In computing the relevant time period, the first calendar day after the effective date of the

action is the first day of the time period.

2. As used in this Article, “day(s)” refers to calendar days unless otherwise expressly

provided herein. If the day an action must be completed under this Article falls on a

Saturday, Sunday, or Federal holiday, the due date will be the next regular business day

(Monday through Friday).

3. All time limits in this Article may be extended only by written mutual consent of the Parties

to the grievance.

D. ARBITRATION – PRELIMINARY PROCEDURES:

1. A grievance, if unresolved, may be invoked for arbitration as provided for in this Article.

2. Only the Union or the Agency may invoke a grievance for arbitration.

3. Notice that a party is invoking a grievance for arbitration will be in writing and submitted

by email to arbinfo@tsa.dhs.gov or fax to 703-603-4057 with a copy to the non-invoking

party within thirty (30) days after receipt of the Step II written decision under Section J,

Procedures for All Grievances Except those Grievances Alleging Impasse and Bad Faith

Bargaining, of Article 28: Grievance Processes or within thirty (30) days after either party

determines and the mediator agrees that further mediation will not be productive under

Section K, Procedures for Alleging Impasse and Bad Faith Bargaining, of Article 28:

Grievance Processes. If the filing is mistakenly emailed to ResolutionCenter@tsa.dhs.gov

within thirty (30) days after receipt of the Step II written decision or the mediator’s

agreement, as described above, it will be accepted.

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a. Consistent with Section J.3.d of Article 28: Grievance Processes, if the Step II Official

does not hold the grievance meeting (if requested) or issue the written decision in the

time required, the Union (or the Agency, if it as an Agency-filed grievance), at its sole

discretion, can email arbinfo@tsa.dhs.gov within fifteen (15) days of the date the

required time period expired to advance the grievance to arbitration. If the filing is

mistakenly emailed to ResolutionCenter@tsa.dhs.gov within fifteen (15) days of the

date the required time period expired to advance the grievance to arbitration, it will be

accepted.

4. The notice will state whether the party is seeking STANDARD or EXPEDITED arbitration

consistent with Section H of this Article.

5. National Union-Agency Grievances: National Union-Agency grievances alleging impasse

and/or bad faith bargaining that are invoked for arbitration consistent with this Article will

be heard by a three-member panel of arbitrators consistent with this Article unless the

Parties otherwise mutually agree in writing to have the case heard by a single arbitrator.

All other grievances will be heard by a single arbitrator unless the Parties otherwise

mutually agree in writing to have the case heard by a three-member panel of arbitrators.

6. Arbitration of national level issues will be held in person unless otherwise mutually agreed

to in writing by the Parties. All other arbitration hearings will be heard, and participants

will attend, by virtual platform (e.g., Teams) unless otherwise mutually agreed to in writing

by the Parties. The notice will state whether an in-person hearing is requested. If the hearing

will be in-person, the Parties agree that it will normally take place at or near the duty station

of the grievant. Witnesses located greater than fifty (50) miles from an in-person hearing

may attend by virtual platform.

NOTE: Each party’s representative has the right to appear virtually from the same location

as their witnesses.

7. Either party may withdraw its own request for arbitration of a grievance at any time.

8. The Parties can settle a grievance at any time before the arbitrator(s) issues a decision.

9. All individuals involved in arbitration processes are expected to conduct themselves in a

respectful manner.

E. METHOD OF SELECTING AN ARBITRATOR AND SCHEDULING A HEARING:

1. The Union and the Agency will maintain a national roster of at least thirty (30) arbitrators,

mutually agreed to by the Parties, who have backgrounds in security and collective

bargaining. The Parties will strive to maintain at least forty-five (45) arbitrators on the

roster. The roster will include at least ten (10) arbitrators who additionally have Equal

Employment Opportunity (EEO) backgrounds. The cost of obtaining lists of arbitrators

from Federal Mediation and Conciliation Service (FMCS) to maintain the roster will be

shared equally by the Parties. The roster of arbitrators will be reviewed annually by the

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Parties. An arbitrator may be removed from the roster unilaterally by either party during

the term of this Agreement by providing written notice to the other party and to

arbinfo@tsa.dhs.gov. Upon receipt of written notice, no further cases will be assigned to

that arbitrator, but the arbitrator will hear and decide cases already assigned. Eliminated

arbitrators will be replaced by mutually agreed-upon arbitrators, subject to the same

requirements as the initial members of the roster. The Parties will meet virtually or in

person during the first quarter of the fiscal year to review and, by mutual agreement, expand

the roster as needed.

2. Within fifteen (15) days of the date of submission of the notice of arbitration, the Parties

will meet virtually or telephonically to jointly select an arbitrator(s) from a list of randomly

selected arbitrators from the roster. One (1) random arbitrator and five (5) sequentially-

numbered alternates will be used to select a single arbitrator and a total list of ten (10)

arbitrators will be used to select a three-member panel. A party may object to a selected

arbitrator(s). If a party objects to the first arbitrator(s) on the list, the Parties will move

through the list to see if they mutually agree on an arbitrator(s). This process will continue

until there is mutual agreement. Only arbitrators with experience in EEO laws will hear

and decide matters involving allegations of EEO discrimination.

3. Upon selection of the arbitrator, the Parties will jointly communicate with the arbitrator

and one another to select an agreeable date and location (consistent with the grieving

party’s election under Section D.4 of this Article) for the hearing.

4. When a grievance concerns a complaint of sexual harassment, the Parties will select an

arbitrator with EEO experience and the hearing will be a closed forum upon request of a

party.

5. When a grievance involves security procedures, the hearing will be a closed forum upon

request of a party.

F. WITNESSES AND PARTIES:

1. If an arbitration hearing requires temporary duty (TDY) travel, the Agency will be

responsible for appropriate travel and per diem costs incurred by the grievant (if the

grievant is a TSA bargaining unit employee), the grievant’s Union representative (if that

Union representative is a TSA bargaining unit employee), and witnesses who are TSA

bargaining unit employees with relevant testimony. If there is a dispute about whether a

witness has relevant testimony, it will be determined by the arbitrator(s) at the pre-hearing

conference call. This provision does not apply to non-bargaining unit employee

representatives or participants. Travel time for the Agency bargaining unit employee(s)

participation will be compensated consistent with applicable regulations, TSA policy and

this Article.

2. The grievant(s) will be entitled to a Union representative.

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3. The Agency will ensure relevant witnesses employed by the Agency and who are in active

duty status are available for the hearing. If there is a dispute about whether a witness has

relevant testimony, it will be determined by the arbitrator(s) at the pre-hearing conference

call. On sufficient advance notice from the Union, the Agency will adjust the TSA

witness’s schedule to place them in a duty status during the relevant portion of the

arbitration hearing.

G. ARBITRABILITY AND ARBITRATOR(S) AUTHORITY (APPLIES TO BOTH

STANDARD AND EXPEDITED ARBITRATION PROCEDURES):

1. Grievability issues must have been raised and decided consistent with Article 28:

Grievance Processes. However, any arbitrability issue(s) that arises after the conclusion of

the grievance process and before arbitration can be raised to the arbitrator(s) consistent

with this Article. If the arbitrability issue(s) is/are raised later than the Parties pre-hearing

submission, the other party may request that the arbitrator postpone the hearing. Any

additional costs by the arbitrator for postponement related to the arbitrability issue(s) raised

following the pre-hearing submission will be borne by the party raising the arbitrability

issue(s).

2. In Standard Arbitration cases, the arbitrator(s) must decide any and all issue(s) of

grievability/arbitrability first prior to conducting any hearing on any issue(s) on the merits.

This includes issues of negotiability being decided first. If the arbitrator(s) decides that an

issue(s) is grievable/arbitrable, then the arbitrator(s) and Parties can proceed to holding a

hearing on the merits of that issue(s). The arbitrator(s) may postpone the hearing on the

merits to allow for sufficient time to decide any issue(s) of grievability/arbitrability.

3. In Expedited Arbitration cases, if either Party raises an issue of grievability/arbitrabil ity,

the arbitrator will hear the merits of the underlying grievance and decide both issues

together, unless otherwise mutually agreed to by the Parties. There will be no separate

hearing for grievability/arbitrability issues except by mutual consent.

4. The arbitrator(s)’s jurisdiction and authority will be confined to the grievance at issue

between the Parties consistent with this Article. The arbitrator(s) does not have the

authority to disregard, circumvent, or otherwise proceed in any matter inconsistent with

any provisions of this Article.

H. TYPE OF ARBITRATION (I.E., STANDARD OR EXPEDITED) THAT WILL APPLY

TO A GRIEVANCE:

Expedited Arbitration: Choice of Either Standard

Standard Arbitration: Grievances that must go to Arbitration or Expedited

Grievances that must go to Expedited Arbitration (or Arbitration (or Med/Arb

Standard Arbitration Med/Arb consistent with consistent with this

this Article)* Article)

• National Grievances • Grievances involving • Any grievance not listed

• Group grievances letters of reprimand in the Standard

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Expedited Arbitration: Choice of Either Standard

Standard Arbitration: Grievances that must go to Arbitration or Expedited

Grievances that must go to Expedited Arbitration (or Arbitration (or Med/Arb

Standard Arbitration Med/Arb consistent with consistent with this

this Article)* Article)

• Grievances involving • Grievances involving Arbitration or Expedited

EEO claims suspensions of up to Arbitration columns

• Grievances involving seven (7) days

prohibited personnel

practices as set forth in

TSA policy

• Grievances involving a

suspension of more than

fourteen (14) days,

including an indefinite

suspension

• Grievances involving an

involuntary demotion for

performance or conduct

• Grievances involving a

removal.

* If the grievance also involves a topic that falls under the Standard Arbitration column, the

grievance must go to Standard Arbitration.

I. STANDARD ARBITRATION PROCEDURE AND AUTHORITY OF

ARBITRATOR(S):

1. The Standard Arbitration procedure will apply to all arbitrations except Expedited

Arbitrations.

2. Pre-Arbitration Conference Call:

a. At least fifteen (15) days prior to the hearing, each Party will submit its pre-arbitration

submission to the arbitrator(s) with a copy sent to the other Party. The pre-arbitration

submission will include a proposed issue statement(s) and anticipated list of witnesses

and exhibits that the Party intends to introduce at hearing. If the Parties agree to jointly

introduce any issue statement(s), witness(es), or exhibit(s), the prehearing submission

will identify them as jointly submitted.

b. After the pre-arbitration submission, but no later than ten (10) days prior to the hearing,

the arbitrator(s) will schedule a pre-arbitration conference call (which will normally be

telephonic or by video conference). The Parties may mutually agree to forego the pre-

arbitration conference call.

c. If the Parties fail to agree on a joint issue(s), the arbitrator(s) will determine the issue(s)

to be heard. The only issues that may be heard and decided at the hearing are those

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issues that were raised in the grievance consistent with this Article.

3. Each party will inform the other at least fifteen (15) days prior to the start of the arbitration

hearing if it desires a transcript of the hearing. Costs associated with transcripts are covered

by Section L.2 of this Article.

4. There will be no communication with the arbitrator(s) unless both Parties are present for

or included in (as applicable) the communication.

5. Arbitration hearings are administrative in nature and not court proceedings. The

arbitrator(s) will be the judge of the relevancy and materiality of the evidence offered,

including witness testimony, and conformity to the legal rules of evidence will not be

necessary. The arbitrator(s) may refer to the Federal Rules of Evidence as guidance, being

mindful that representatives for the Parties may not be attorneys and may not have a legal

background. The arbitrator(s) should only allow evidence and testimony into the record

that is relevant, material, and non-repetitious.

For grievances concerning alleged violations of policy, the arbitrator(s) will consider

whether there was a violation or misapplication of an employment-related policy and will

issue an award consistent with Agency policy. For grievances concerning disciplinary

actions and grievances concerning adverse actions, the arbitrator(s) may hear only material

factual disputes and/or determine whether the Agency disciplinary action decision is

supported by a preponderance of the evidence; that there is nexus between the alleged

misconduct and the efficiency of the service; and that the imposed penalty is reasonable.

The arbitrator(s) will adhere to TSA policy in effect at the time of the conduct underlying

the disciplinary or adverse action. In reviewing the reasonableness of the penalty,

arbitrators will consider the relevant penalty factors, which include the consistency of the

penalty with the Agency’s Guidelines for Conduct-Based Discipline for Common Offenses

(Table of Offenses and Penalties). A penalty that is reasonable will not be disturbed.

6. The arbitrator(s) has the authority to determine procedural matters concerning the hearing,

consistent with this Article.

7. The arbitrator(s) has the authority to administer oaths, take testimony, rule on motions and

requests for appearance of witnesses and production of records, request witnesses to

participate in the hearing, and issue awards and order relief concerning the issue(s) heard

consistent with this Article.

8. The Parties will be entitled to call and cross-examine witnesses before the arbitrator(s).

9. Post-hearing briefs, if any, will be submitted within thirty (30) days after the close of the

hearing unless otherwise provided by the arbitrator(s) or mutual agreement of the Parties.

Either party may waive, at its sole discretion, the right to file its post-hearing brief.

10. The arbitrator(s) will issue a written award no later than thirty (30) days after the conclusion

of the hearing or the closing date of the filing of any post-hearing briefs unless the Parties

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mutually agree to extend this time limit. The award will be considered effective

immediately on the date it is signed by the arbitrator(s), unless a different date is ascribed

by the arbitrator(s). The arbitrator’s(s’) award will be final and binding subject to the

Parties’ right to file for review or an appeal (if applicable). The award will not be final and

binding until the time to file a review has passed or the review has been resolved. The

appropriate party will take the actions required by the final decision of the arbitrator(s)

after it becomes final and binding, except as may otherwise be provided by the

arbitrator’s(s’) decision.

11. The arbitrator(s) may retain jurisdiction over a case when necessary to enforce the award,

clarify the award, and/or award attorney fees consistent with this Article and TSA policy.

J. EXPEDITED ARBITRATION PROCEDURE AND AUTHORITY OF ARBITRATOR:

1. Pre-Arbitration Conference Call:

a. At least fifteen (15) days prior to the hearing, each Party will submit its pre-arbitration

submission to the arbitrator(s) with a copy sent to the other Party. The pre-arbitration

submission will include a proposed issue statement(s) and anticipated list of witnesses

and exhibits that the Party intends to introduce at hearing. If the Parties agree to jointly

introduce any issue statement(s), witness(es), or exhibit(s), the prehearing submission

will identify them as jointly submitted.

b. After the pre-arbitration submission, but no later than ten (10) days prior to the hearing,

the arbitrator(s) will schedule a pre-arbitration conference call (which will normally be

telephonic or by video conference). The Parties may mutually agree to forego the pre-

arbitration conference call.

c. If the Parties fail to agree on a joint issue(s), the arbitrator(s) will determine the issue(s)

to be heard. The only issues that may be heard and decided at the hearing are those

issues that were raised in the grievance consistent with this Article.

2. There will be no transcripts in an Expedited Arbitration proceeding.

3. There will be no communication with the arbitrator unless both Parties are present for or

included in (as applicable) the communication.

4. Arbitration hearings are administrative in nature and not court proceedings. The arbitrator

will be the judge of the relevancy and materiality of the evidence offered, including witness

testimony, and conformity to the legal rules of evidence will not be necessary. The

arbitrator(s) may refer to the Federal Rules of Evidence as guidance, being mindful that

representatives for the Parties may not be attorneys and may not have a legal background.

The arbitrator should only allow evidence and testimony into the record that is relevant,

material, and non-repetitious.

For grievances concerning alleged violations of policy, the arbitrator will consider whether

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there was a violation or misapplication of an employment-related policy and will issue an

award consistent with Agency policy. For grievances concerning disciplinary actions and

grievances concerning adverse actions, the arbitrator may hear only material factual

disputes and/or determine whether the Agency disciplinary action decision is supported by

a preponderance of the evidence; that there is nexus between the alleged misconduct and

the efficiency of the service; and that the imposed penalty is reasonable. The arbitrator will

adhere to TSA policy in effect at the time of the conduct underlying the disciplinary or

adverse action. In reviewing the reasonableness of the penalty, the arbitrator will consider

the relevant penalty factors, which include the consistency of the penalty with the Agency’s

Guidelines for Conduct-Based Discipline for Common Offenses (Table of Offenses and

Penalties). A penalty that is reasonable will not be disturbed.

5. The hearing will be no longer than three (3) hours (ninety (90) minutes per side), unless

extended by mutual agreement of the Parties. The arbitrator has the authority to determine

other procedural matters concerning the hearing consistent with this Article.

6. The arbitrator has the authority to administer oaths, take testimony, rule on motions and

requests for appearance of witnesses and production of records, request witnesses to

participate in the hearing, and issue awards and order relief concerning the issue(s) heard.

7. The Parties will be entitled to call and cross-examine witnesses before the arbitrator.

8. The Parties will have the opportunity to provide closing arguments at the end of the hearing.

There will be no post-hearing written submissions unless the Parties mutually agree

otherwise.

9. The arbitrator will issue a written award no later than seven (7) days after the conclusion

of the hearing, unless the Parties mutually agree to extend this time limit. The award will

be considered effective immediately on the date it is signed by the arbitrator, unless a

different date is ascribed by the arbitrator. The arbitrator’s award will be final and binding

subject to the Parties’ right to file an appeal (if applicable). The appropriate party will take

the actions required by the final decision of the arbitrator after it becomes final and binding,

except as may otherwise be provided by the arbitrator’s decision or resolution of any

applicable appeal process.

10. The arbitrator may retain jurisdiction over a case when necessary to enforce the award,

clarify the award, and/or award attorney fees consistent with this Article and TSA policy.

11. A grievance will be terminated two (2) years after its invocation if no hearing has taken

place and the grievance was not addressed in a mediation/arbitration (med/arb) settlement

conference consistent with Section J.12.

12. In February and August of each year, TSA and the AFGE Council 100 President or

designee may enter into a mediation/arbitration (med/arb) settlement conference(s) with

the assistance of an appropriately-qualified mediator/arbitrator from the Parties’ roster to

resolve (e.g., decide, settle) up to fifty (50) expedited arbitration cases in each med/arb

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settlement conference. Those expedited arbitration cases must either: (1) have been

pending for at least one (1) year from invocation; or (2) concern a letter of reprimand, a

sick leave restriction, or AWOLs totaling eight (8) hours or less. The Parties will determine

the schedule for the settlement conference(s). The mediator/arbitrator will determine the

procedures for the settlement conference and have the authority to resolve cases.

13. In establishing the procedures for the settlement conference, the mediator/arbitrator will

abide by the following: the record developed during the internal process and written

evidence exchanged by the Parties in advance of the settlement conference will be provided

to the mediator/arbitrator; the Parties can make any relevant argument; the

mediator/arbitrator will not hear witnesses or receive witness statements; and, there will be

no requirement for pre- or post-hearing briefs.

K. REVIEW OF NATIONAL UNION-AGENCY ARBITRATION AWARDS:

1. The arbitrator(s) award will be final, except that either party may, consistent with this

section, seek review of National Union-Agency arbitration awards (whether issued by a

single arbitrator or panel of arbitrators) by a panel of three (3) arbitrators.

2. Within thirty (30) calendar days after the award is issued, either party may file for review

of the award in writing to arbinfo@tsa.dhs.gov with a simultaneous copy to the other party.

The filing must include: (a) a statement of the grounds on which review is requested; (b)

arguments in support of the stated grounds, including specific references to the record,

citations of authorities, and any other relevant documentation (including of any documents

referenced in the arguments); and (c) a copy of the award. If the filing is mistakenly emailed

to ResolutionCenter@tsa.dhs.gov within thirty (30) calendar days after the award is issued

and satisfies the requirements of this section, it will be accepted.

3. Either party may request mediation by emailing arbinfo@tsa.dhs.gov with a

contemporaneous copy to the other party. The non-requesting party may decline to engage

in mediation.

4. The non-filing party can file an opposition to the filing for review in writing to

arbinfo@tsa.dhs.gov with a simultaneous copy to the other party within thirty (30) days of

the date of the filing for review. The opposition should address any assertions made in the

filing for review that the non-filing party disputes. This includes but is not limited to any

assertions that any evidence, factual assertions, arguments (including affirmative

defenses), requested remedies, or challenges to an awarded remedy were raised before the

panel or arbitrator. The opposition should also include copies of any documents upon

which the opposition relies.

5. The panel’s review will be based on the written submission of the Parties. If the panel needs

to clarify the record or otherwise needs additional information, the panel may direct a Party

or the Parties to provide such information. There will be no communication with the panel

unless both Parties are present for or included in (as applicable) the communication.

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a. If a party provides further information pursuant to the panel’s request, the panel will

provide the other party an opportunity to respond.

6. Except as otherwise provided for in this section, the panel will determine all timeframes.

7. The panel will review the arbitration award to determine if the award is deficient because:

a. it is contrary to any applicable law, rule or regulation or for reasons of national security;

or

b. on grounds such as bias on the part of the arbitrator, the arbitrator exceeded their

authority, the award is based on a non-fact, the award fails to draw its essence from the

parties’ collective bargaining agreement; or

c. the award violates TSA policy and/or is inconsistent with the terms of the

Determination, the collective bargaining agreement, this Article, and/or other national

level memoranda of agreement and/or national level memoranda of understanding

between the Parties consistent with the Determination, as well as any local agreements

agreed to by the Parties consistent with the Determination.

8. A filing for review may not rely on any evidence, factual assertions, arguments (including

affirmative defenses), requested remedies, or challenges to an awarded remedy that could

have been, but were not, presented to the arbitrator or panel.

9. If the award is deficient, the panel may take such action and make such recommendations

concerning the award as the panel considers necessary, consistent with applicable laws,

rules, or regulations and this Article.

L. COSTS OF ARBITRATION:

1. Except as provided for by this Article, the Parties agree to share equally the cost of the

arbitrator fees and expenses.

2. The cost of a reporter or transcript, if used, will be shared equally by the Parties if it is

mutually agreed by the Parties to have one, or where requested by the arbitrator. Absent

mutual agreement, either party may unilaterally request court reporting services, and will

bear all costs incurred. Absent the use of a court reporter, the Parties agree that the hearing

may not otherwise be recorded by the Parties.

3. If a party requests postponement, that party will bear the full cost of any rescheduling fees

or postponement fees, unless otherwise mutually agreed to by the Parties or the

postponement is covered by Section G.1 of this Article. If the Parties settle the matter, any

resulting cancellation fees will be shared equally by the Parties, unless otherwise mutually

agreed to by the Parties.

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4. Should either party refuse to participate in arbitration, the other party may present the case

to the assigned arbitrator(s) who can issue a decision consistent with this Article. The

Parties will equally share the cost of arbitrator fees and expenses.

M. ARBITRATOR AWARDS (INCLUDING ATTORNEY FEES CONSISTENT WITH

THIS ARTICLE):

1. Arbitrator awards, including attorney fees, will be consistent with this Article, applicable

law, and TSA policy. In the event of a conflict, the terms of this Article shall govern.

2. Reasonable attorney fees will be available consistent with TSA policy where: (1) the

employee is the prevailing party; (2) the award of attorney fees is warranted in the interest

of justice; (3) the amount of fees are reasonable; and (4) the fees are incurred by the

employee. The grievant is the prevailing party if they prevailed on any significant issue

that achieved some of the benefit sought in the grievance at the time of judgment. Attorney

fees will be calculated by the number of reasonable hours expended on the prevailing

issue(s) multiplied by an appropriate community prevailing market hourly rate. The

amount of the fees awarded will be determined by the arbitrator upon the submission of the

requested fees and supporting documentation and the TSA’s response to the request for

fees. The supporting documentation will include the requester’s hourly rate and

justification for the rate, number of hours worked and justification for the hours, and a

description of the work performed, including a justification for the work performed. TSA

will have the ability to respond to the request.

N. EFFECTIVE DATE:

1. For National Level arbitrations, this Article will be effective thirty (30) days after the

effective date of the CBA. For all other arbitrations, this Article will be effective one

hundred and twenty (120) days after the effective date of the CBA. The Memorandum of

Agreement on Dispute Resolution Process for Adverse Actions, Disciplinary Actions, and

Other Covered Disputes, dated July 12, 2012 is rescinded effective one hundred and twenty

(120) days after the effective date of the CBA. Because the Parties could not fulfill this

purpose during a lapse in appropriations, the effective date will be extended by the number

of days for which there is a lapse in appropriations.