Funding Gaps Jeopardize Federal Government Operations: Report to the Congress |
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activities Administration advance of appropriations agencies to incur agency officials agency's allow agencies amendments Antideficiency Act appropriations bills appropriations expire April 25 Atlanta Attorney General's opinion August 28 authorized by law beginning benefit payments Congress congressional consequence continuing reso continuing resolution December 16 delayed Denver effect emergency enacted expired appropriations Federal agencies Federal employees Federal Government fiscal functions funding hiatus furloughed Government-wide guidance incur obligations issued January 16 joint resolution lapse in appropriations legislative limitation riders lost productivity Management and Budget memorandum million necessary normal obligations in advance obligations incurred October Office of Management OMB's orderly shutdown otherwise authorized passed pay period payroll computer period of expired personnel plans prepare President problems programs protection of property Public Law related agencies safety of human sect September 30 Social Security Administration Split paychecks Stat statute Supplemental Security Income tions Treasury
Popular passages
Page 84 - Nor shall any department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property.
Page 76 - No officer or employee of the United States shall make or authorize an expenditure from or create or authorize an obligation under any appropriation or fund in excess of the amount available therein; nor shall any such officer, or employee involve the Government in any contract or other obligation, for the payment of money for any purpose, in advance of appropriations made for such purpose, unless such contract or obligation is authorized by law.
Page 88 - And here this principle is given special force by the equally venerable principle that the construction of a statute by those charged with its execution should be followed unless there are compelling indications that it is wrong, especially when Congress has refused to alter the administrative construction.
Page 85 - ... protection of property. These changes were not qualified or explained by the report accompanying the 1947 recommendation or by any aspect of the legislative history of the general appropriations act for fiscal year 1951, which included the modem §(1341). Act of September" 6, 1950, Pub. L. No. 81-759, §1211, 64 Stat. 765. Consequently, we infer from the plain import of the language of their amendments that the drafters intended to broaden the authority for emergency employment. 5 Op. OLC at...
Page 84 - First, there must bear some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property. Second, there must be some reasonable likelihood that the safety of human life or the protection of property would be compromised, in some significant degree, by delay in the performance of the function in question.
Page 16 - It follows first of all that, on a lapse in appropriations, federal agencies may incur no obligations that cannot lawfully be funded from prior appropriations unless such obligations are otherwise authorized by law.
Page 82 - A majority of the Supreme Court has repeatedly given express endorsement to Mr. Justice Jackson's view of the separation of powers. Nixon v. Administrator of General Services. 433 US 425. 443 (1977); Buckley v. Valeo. 424 US I, 122 (1976); United States v.
Page 57 - These statutes evidence a plain intent on the part of the Congress to prohibit executive officers, unless otherwise authorized by law, from making contracts involving the Government in obligations for expenditures or liabilities beyond those contemplated and authorized for the period of availability of and within the amount of the. appropriation under which they are made; to keep all the departments of the Government, in the matter of incurring obligations for expenditures, within the limits and...
Page 83 - These constitutional powers have never been specifically defined, and in fact cannot be, since their extent and limitations are largely dependent upon conditions and circumstances. In a measure this is true with respect to most of the powers of the Executive, both constitutional and statutory. The right to take specific action might not exist under one state of facts, while under another it might be the absolute duty of the Executive to take such action.
Page 59 - Law 96-86, provided as follows in section 117: "All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of the joint resolution. " It thus appears that the Congress expects that the various agencies of the Government will continue to operate and incur obligations during a period of expired appropriations.