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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.
Output:
Keep the Government Open Act of 1996 - Amends Federal law to allow an officer or employee of the United States or of the District of Columbia to make a contract or obligation before an appropriation is made if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the contract or obligation.
Allows a U.S. officer or employee to continue to supply personal services before an appropriation or continuing resolution is enacted if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the cost to the government. Requires payment for those services even if no appropriation is enacted if the President so determines. Appropriates funds to pay salaries for each day on which funds are not available (unless an appropriations measure is enacted for the applicable department or agency and the measure makes no appropriation for that salary).