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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Introduced in House (IH)]

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep the Government Open Act of 
1996''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) According to the General Accounting Office, between 
        fiscal year 1962 and fiscal year 1981 there were 32 times when 
        there was a lapse in appropriations for part of the Federal 
        Government because there had not been enacted either an 
        appropriations law or a continuing resolution. During these 
        lapses in appropriations Federal employees continued to work, 
        and the Federal Government continued to obligate funds. 
        Congress then ratified the obligations incurred during the 
        lapse in appropriations.
            (2) In January 1981, Attorney General Civiletti expressed 
        the opinion that the Anti-Deficiency Act prohibits the 
        operation of the Federal Government during a period of lapsed 
        appropriations except for those emergency situations involving 
        the safety of human life or the protection of property.
            (3) In 1990, Congress amended the Anti-Deficiency Act to 
        limit the definition of emergencies so as to exclude ``ongoing, 
        regular functions of government the suspension of which would 
        not imminently threaten the safety of human life or the 
        protection of property.''.
            (4) Between 1982 and 1994 the longest lapse in 
        appropriations was 3 days.
            (5) Between December 16, 1995, and January 5, 1996, there 
        was a lapse in appropriations for part of the Federal 
        Government because of a disagreement between the President and 
        the Congress. During this 3-week period, 476,000 Federal 
        employees came to work but were not paid, and 285,000 Federal 
        employees were ordered not to come to work. On January 5, 
        Congress passed a continuing resolution which paid these 
        761,000 employees for the period December 16 through January 5, 
        and the President signed this resolution.
            (6) Paying these 285,000 Federal employees for not working 
        for 3 weeks wasted about $1,000,000,000 of the taxpayers' 
        money.
            (7) Not paying Federal employees during a lapse in 
        appropriations imposes serious financial hardships on many of 
        these employees.
            (8) Not paying Federal employees during a lapse in 
        appropriations imposes serious hardships on private firms that 
        normally sell to Federal employees.
            (9) Prohibiting the obligation of Federal funds during a 
        lapse of appropriations imposes serious hardships on State and 
        local governments and private firms that normally receive 
        Federal funds.
            (10) Prohibiting Federal employees from working imposes 
        serious hardships on citizens who need the services provided by 
        these employees.

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

    (a) Authority To Enter Into Contracts or Obligations.--Section 
1341(a)(1)(B) of title 31, United States Code, is amended by adding 
before the period at the end the following: ``or unless the President 
determines that an appropriation is likely to be made for that purpose 
before the end of the fiscal year in an amount exceeding the contract 
or obligation''.
    (b) Work and Payment of Employees.--(1) Section 1342 of title 31, 
United States Code, is amended by adding at the end the following new 
sentence: ``However, an officer or employee of the United States 
Government may continue to supply personal services before an 
appropriation or continuing resolution is enacted and shall be paid for 
such services even if no appropriation is enacted if the President 
determines that an appropriation is likely to be made for that purpose 
before the end of the fiscal year in an amount exceeding the cost to 
the Government of such services.''.
    (2)(A) For any day during a fiscal year on which funds are not 
available to pay the salary of any official or employee of the United 
States for which funds were available on the last day of the fiscal 
year preceding such fiscal year, there are appropriated such sums as 
may be necessary to maintain such salary at the level of such salary on 
the last day of the fiscal year preceding the fiscal year during which 
funds are not available for such purpose.
    (B) Funds appropriated by this paragraph shall not be available for 
any day during a fiscal year which occurs after the date of the 
enactment during such fiscal year of an Act or joint resolution which 
includes appropriations generally for the department or agency which 
has the responsibility for paying such salary and which makes no 
appropriation for such salary.
    (C) Appropriations and funds made available under this paragraph 
shall cover all objections or expenditures incurred to pay the salary 
of any official or employee of the United States during the period for 
which funds for such salary are made available under this paragraph.
    (D) Any expenditure made under the appropriation contained in this 
paragraph shall be charged to the appropriation, fund, or authorization 
which includes funds for such expenditure whenever a bill or joint 
resolution in which such appropriation, fund, or authorization is 
provided for is enacted into law.
    (E) For purposes of this paragraph, the term ``salary'' includes 
any benefits paid to or for an official or employee of the United 
States because of such employment of the official or employee 
(including medical and dental benefits, life and health insurance 
premiums, and pension contributions) and any pay and allowances of 
members of the Armed Forces.
                                 <all>
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