AGENCY OPERATIONS IN THE ABSENCE OF APPROPRIATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R001803510003-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: January 29, 2008
• Sequence Number: 3
• Publication Date: September 22, 1983
• Content Type: MEMO

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
September 22, 1983
M-83-25
MEMORANDUM FOR HEADS OF EXECUTIVE D E P A R 7 I TS AND AQ 1 . . I S
FROM: Joseph-R. Wright, J
SUBJECT: Agency Operations
1. Once again,' 'regul'ar 'appropriations bills ffor many Executive
nts and- 'agencies- may not be 's1 qried into Taw by
branch departme
mid in ght Friday, . 'September 30'" ~1'9-83. Thus far, the
h appropriations bills for FY8 ,that have been signed by the
President are:
-- HUD - Independent Agencies
Transportation and Related Agencies
-- Energy and Water Development
2. Others may be signed on time, but the Congress currently is
considering a Continuing,Resolution.to provide funds for those
agencies whose appropriations bills will not be completed by
September 30. Naturally, the President hopes that an acceptable
Resolution will be enacted; however, prudence dictates that
fully operational contingency plans be in effect if this does not
happen. Each 'affected, agency therefore. should begin to engage'in
active contingency planning" 'as 'if' 'an -appropriations hiatus will
occur on October '1',' -1983.
3. OMB Bulletin 80-14.,-dated August 28, 1980 (and amended by the
OMB Director's memorandum of November 17, 19.81) requires all. agencies
to maintain such plans to deal with an appropriations hiatus.
Furthermore, the Attorney General's opinion dated January 16, 1981
supporting this bulletin remains in effect. In general:
o All employees of affected agencies performing
'non-excepted activities (as'defined by the
Attorney General's opinion) are not permitted
to perform any services other than those involved
in the orderly suspension of non-excepted activities.
o The Antideficiency Act does not permit agencies to
accept voluntary performance of non-excepted
services.
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o Agency Heads make the determinations that are
necessary tO-operate-their agencies during an
appropriations'- hiatus (within the -guidance
established by the Attorney General's opinion
and this Memorandum,. and pursuant to normal
agency processes for the resolution of issues
of law and policy):
Questions that cannot be'determined
by an agency should be addressed
to their OMB budget examiners or to
OMB Counsel Michael J. Horowitz (395-4852).
Any unresolved legal questions relative to
the construction of the Antideficiency-Act
will be jointly referred to the Office of
Legal Counsel of the Department of Justice.
4. Affected agencies. should-update their shutdown plans to
accommodate all changes made necessary by intervening events since
December 1982 and submit any changes to their.. OMB budget examiners
by September 26. 5. There is an unusual'a'spect to this year's. shutdown process..
Implementation will be particularly difficult because any lapse of
appropriations would occur over a weekend:
o Weekend Employees -- Affected agencies will. have to
mace special arrangements for-non-excepted, employees
who.otherwise would report to work during the weekend..
-OMB will "'inform -affected :agencies by:.-approximately
2:00 p.nt.' Friday -(Septembers .30)': whether 'it appears
with reasonable 'certainty that -an -acceptable Continuing
Resolution will- be "signed by -midnight. If it does not
appear. that one wi.ll.be signed, agency shutdown plans
should.be implemented for non-excepted weekend -.-
employees, who should be instructed to report for their
first scheduled work turn for the sole purpose of
engaging in orderly shutdown activities. Affected
agencies should.notify their OMB.budget examiners by
September 26 of the number, kind and. location of
non-excepted employees who ordinarily would report
to work during the weekend. 0
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o All Other Employees -= OMB Also will inform affected
ac ericies 'at approximately "2-:?00 Friday, September 30,
if it appears with reasonable certainty that an acceptable
Continuing Resolution will be si ned during the weekend
ctober" - . If it does not appear that one will e
o October-1-2.'
"signed,.agency-shutdown plans should be implemented,. and
all employees performing non-excepted activities should
be instructed to complete'. the orderly suspension of their
duties by c.o.b. that Friday. -Under the circumstances,
therefore, present planning.should be. guided by two
primary considerations:
Appropriate notification procedures should be
developed for all employees performing
non-excepted activities, 'which should include
means by. which they can determine, through media
sources if necessary, whether a'Continuing
Resolution was enacted during the weekend of
October 1 - 2.
Unless otherwise indicated by OMB,"all"employees
erforniin lion=exce 'ted ct'ivit'ies -'should be
instructed on Frida '," "S a tem er 3 ,' not to report
for work on Monday, October:n "'t 'e 'a Bence of
'. 'an 'enacted Continuing Resolution. .
6. Affected. agencies will be asked to attend a meeting at 0MB
next week to review the status of agency preparations for
implementation of shutdown plans and to provide further policy
guidance.
7. OMB examiners should be immediately notified of any problems
relative to full compliance with this-Memorandum or the Attorney
General's opinion.
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