I
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 re-
ferred 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 Representa-
tives 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 appropria-
tions 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 ob-
ligate 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-Defi-
ciency Act to limit the definition of emergencies so
as to exclude ‘‘ongoing, regular functions of govern-
ment 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 disagree-
ment between the President and the Congress. Dur-
ing this 3-week period, 476,000 Federal employees
came to work but were not paid, and 285,000 Fed-
eral employees were ordered not to come to work.
On January 5, Congress passed a continuing resolu-
tion which paid these 761,000 employees for the pe-
riod December 16 through January 5, and the
President signed this resolution.
(6) Paying these 285,000 Federal employees for
not 
working 
for 
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 employ-
ees.
(9) Prohibiting the obligation of Federal funds
during a lapse of appropriations imposes serious
hardships on State and local governments and pri-
vate firms that normally receive Federal funds.
(10) Prohibiting Federal employees from work-
ing 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 OB-
LIGATIONS.—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) Sec-
tion 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 appro-
priation 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 sal-
ary on the last day of the fiscal year preceding the fiscal
year during which funds are not available for such pur-
pose.
(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 re-
sponsibility 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 appro-