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104TH CONGRESS

2D SESSION H. R. 2963

To amend subchapter III of chapter 13 of title 31, United States Code

(popularly known as the Anti-Deficiency Act), to allow the United States

to enter into contracts or obligations during a lapse in appropriations

if the President determines that a sufficient appropriation is likely to

be made for that purpose before the end of the fiscal year, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1996

Mrs. MEEK of Florida (for herself, Mr. DAVIS, Mr. HOYER, Mr. MORAN, Ms.

NORTON, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Government Reform and Oversight

A BILL

To amend subchapter III of chapter 13 of title 31, United

States Code (popularly known as the Anti-Deficiency

Act), to allow the United States to enter into contracts

or obligations during a lapse in appropriations if the

President determines that a sufficient appropriation is

likely to be made for that purpose before the end of

the fiscal year, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Keep the Government

3 Open Act of 1996’’.

4 SEC. 2. FINDINGS.

5 Congress finds that:

6 (1) According to the General Accounting Office,

7 between fiscal year 1962 and fiscal year 1981 there

8 were 32 times when there was a lapse in appropria9 tions for part of the Federal Government because

10 there had not been enacted either an appropriations

11 law or a continuing resolution. During these lapses

12 in appropriations Federal employees continued to

13 work, and the Federal Government continued to ob14 ligate funds. Congress then ratified the obligations

15 incurred during the lapse in appropriations.

16 (2) In January 1981, Attorney General Civiletti

17 expressed the opinion that the Anti-Deficiency Act

18 prohibits the operation of the Federal Government

19 during a period of lapsed appropriations except for

20 those emergency situations involving the safety of

21 human life or the protection of property.

22 (3) In 1990, Congress amended the Anti-Defi23 ciency Act to limit the definition of emergencies so

24 as to exclude ‘‘ongoing, regular functions of govern25 ment the suspension of which would not imminently
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1 threaten the safety of human life or the protection

2 of property.’’.

3 (4) Between 1982 and 1994 the longest lapse

4 in appropriations was 3 days.

5 (5) Between December 16, 1995, and January

6 5, 1996, there was a lapse in appropriations for part

7 of the Federal Government because of a disagree8 ment between the President and the Congress. Dur9 ing this 3-week period, 476,000 Federal employees

10 came to work but were not paid, and 285,000 Fed11 eral employees were ordered not to come to work.

12 On January 5, Congress passed a continuing resolu13 tion which paid these 761,000 employees for the pe14 riod December 16 through January 5, and the

15 President signed this resolution.

16 (6) Paying these 285,000 Federal employees for

17 not working for 3 weeks wasted about

18 $1,000,000,000 of the taxpayers’ money.

19 (7) Not paying Federal employees during a

20 lapse in appropriations imposes serious financial

21 hardships on many of these employees.

22 (8) Not paying Federal employees during a

23 lapse in appropriations imposes serious hardships on

24 private firms that normally sell to Federal employ25 ees.
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1 (9) Prohibiting the obligation of Federal funds

2 during a lapse of appropriations imposes serious

3 hardships on State and local governments and pri4 vate firms that normally receive Federal funds.

5 (10) Prohibiting Federal employees from work6 ing imposes serious hardships on citizens who need

7 the services provided by these employees.

8 SEC. 3. AMENDMENT OF THE ANTI-DEFICIENCY ACT.

9 (a) AUTHORITY TO ENTER INTO CONTRACTS OR OB10 LIGATIONS.—Section 1341(a)(1)(B) of title 31, United

11 States Code, is amended by adding before the period at

12 the end the following: ‘‘or unless the President determines

13 that an appropriation is likely to be made for that purpose

14 before the end of the fiscal year in an amount exceeding

15 the contract or obligation’’.

16 (b) WORK AND PAYMENT OF EMPLOYEES.—(1) Sec17 tion 1342 of title 31, United States Code, is amended by

18 adding at the end the following new sentence: ‘‘However,

19 an officer or employee of the United States Government

20 may continue to supply personal services before an appro21 priation or continuing resolution is enacted and shall be

22 paid for such services even if no appropriation is enacted

23 if the President determines that an appropriation is likely

24 to be made for that purpose before the end of the fiscal
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1 year in an amount exceeding the cost to the Government

2 of such services.’’.

3 (2)(A) For any day during a fiscal year on which

4 funds are not available to pay the salary of any official

5 or employee of the United States for which funds were

6 available on the last day of the fiscal year preceding such

7 fiscal year, there are appropriated such sums as may be

8 necessary to maintain such salary at the level of such sal9 ary on the last day of the fiscal year preceding the fiscal

10 year during which funds are not available for such pur11 pose.

12 (B) Funds appropriated by this paragraph shall not

13 be available for any day during a fiscal year which occurs

14 after the date of the enactment during such fiscal year

15 of an Act or joint resolution which includes appropriations

16 generally for the department or agency which has the re17 sponsibility for paying such salary and which makes no

18 appropriation for such salary.

19 (C) Appropriations and funds made available under

20 this paragraph shall cover all objections or expenditures

21 incurred to pay the salary of any official or employee of

22 the United States during the period for which funds for

23 such salary are made available under this paragraph.

24 (D) Any expenditure made under the appropriation

25 contained in this paragraph shall be charged to the appro-
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1 priation, fund, or authorization which includes funds for

2 such expenditure whenever a bill or joint resolution in

3 which such appropriation, fund, or authorization is pro4 vided for is enacted into law.

5 (E) For purposes of this paragraph, the term ‘‘sal6 ary’’ includes any benefits paid to or for an official or em7 ployee of the United States because of such employment

8 of the official or employee (including medical and dental

9 benefits, life and health insurance premiums, and pension

10 contributions) and any pay and allowances of members of

11 the Armed Forces.

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