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B-241911 1 (1990-10-23)

handle is hein.gao/gaobabizx0001 and id is 1 raw text is: United States -General Accounting Office Wuhfngton, D.C. 20548 Office of the General Counsel October 23, 1990 [-'. Mr. John J. Kominski General Counsel Library of Congress Washington, D.C. 20540 Dear Mr. Kominski: During our meeting on October 17, 1990, you asked that we memorialize the principal points of our discussion of the appropriate response by legislative branch agencies such as GAO and the Library of Congress to a temporary funding hiatus. As we discussed, it has Long been our vew that while the Anti-Deficiency Act, 31 U.S.C. § 1341, Lmposes certain limitations on agencies :'.ncurring obligations to continue operations during temporary funding breaks, Congress neither desires nor expects a complete and immediate shutdown of the Government during such periods. Congress's ratification of obligations incurred to keep the government functioning during such -priods supports this proposition. See B-197841, Mar. 3, 1980 copy enclosed). The most recent formal guidance from the Office of the Attorney General to agencies confronted with temporary lapses of budget authority is the 1981 opinion of Attorney General Civiletti, 5 Op. O.L.C. 1 (1981). That opinion recognizes that the Anti-Deficiency Act does not preclude agencies during Sa funding lapse from incurring obligations .herwise authorized by law, 31 U.S.C. § 1341(a)(1)' or entered into for emergencies involving the safety of hu aq life or the protection of property, 31 U.S.C. § 1342.wThe opinion recognizes, as you do, that- the authorized by law exception includes not only those obligations in advance of appropriations for which express or implied authority may be found in the enactments of Congress, but also those obligations necessarily incident to presidential initiatives undertaken within his constitutional powers. Id. at 7. -Under the same rationale, Congress and its agents may incur obligations to support Congress's exercise of its constitutional powers. Thus, congressiona agencies may incur obligations necessary to assist the Coiigress in the performance of its constitutional duties, particularly in situations where the Congress has expressly requested this. The amount of support Cong:ress requires of the Library is a matter within the soUnd discretion of the Librarian of- .. , ' . -. ,; ~~ . . ... 08'7 7 6

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