AGENCY OPERATIONS IN THE ABSENCE OF APPROPRIATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G00152R000100010002-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: October 21, 2011
• Sequence Number: 2
• Publication Date: December 16, 1987
• Content Type: MEMO

STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90GO0152R000100010002-6
Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90GO0152R000100010002-6
 Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90GO0152R000100010002-6
EXECUTIVE 'SECRETARIAT
'ROUnNG SUP
STAT
Executive Secretary
~-/17 Dec '87
ACTION
INFO
DATE
INITIAL
1
DCI
2
DDCI
3
EXDIR
4
D/ICS
5
DDI
6
DDA
7
DDO
8
DDS&T
9
Chm/NIC
10
GC
11
IG
12
Compt
13
D/OCA
14
D/PAO
15
D/PERS
16
D/Ex Staff
17
18
19
20
21
22
Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90G00152R000100010002-6
 Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90GO0152R000100010002-6
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
December 16, 1987
MEMORANDUM FOR HE DS OF DESIGNATED EXECUTIVE DEPARTMENTS
AN AGENAt IES
FROM: Jam l er
SUBJECT: Agen Operations in the Absence of
Once again, we are approaching the expiration of a
short-term Continuing Resolution (CR) -- this time at
midnight tonight, December 16, 1987. It is reported that
Congress may adopt a short-term Continuing Resolution that
would extend funding until midnight, December 18th. If
Congress does not pass either a short-term or full-term CR
that is acceptable to the President, we will have no
alternative but to begin shutdown procedures tomorrow,
December 17th, of the type we have implemented before.
OMB Bulletin 80-14, dated August 28, 1980 (and amended
by the OMB Director's memorandum of November 17, 1981),
requires all agencies to maintain plans to deal with such an
appropriations hiatus. Furthermore, the Attorney General's
opinion dated January 16, 1981, supporting this bulletin,
remains in effect. In general:
o Employees of affected agencies performing
non-excepted activities (as defined by the
Attorney General's opinion) may not perform any
services other than those involved in the orderly
suspension of non-excepted activities;
o Agencies may not permit voluntary performance of
non-excepted services; and
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 you cannot answer should be addressed to
your OMB budget examiner(s), or to OMB Acting General
Counsel Robert G. Damus (395-5044) or Assistant General
Counsel Rosalyn (Roz) Rettman (395-5600). Any unresolved
legal questions relative to the construction of the
Antideficiency Act should be ref,rred to the Office of Legal
Counsel of the Department of Jug`:--e.
4 /&-,L-
Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90GO0152R000100010002-6
 Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90G00152R000100010002-6
Under the circumstances, it is imperative that you
review your current shutdown plans immediately. An changes
in these plans should be submitted to your OMB budget
examiner(s) close-of-business to a I no changer, are
r", ll
su mute we w assume the current contingency plan
remains in effect.) All excepted employees identified
pursuant to your agency's pfd the Attorney General's
opinion of January 16, 1981, should be instructed to report
to work tomorrow and to perform their excepted duties. All
regular la employees performing non-excepted activities should
be tructed to report for'work tomorrow as scheduled. At
that time, we will inform you whether an acceptable full- or
short-term Continuing Resolution is likely to be enacted on
that day. If not, we will issue instructions initiating a
phase-down of activities for non-excepted employees. Such
phase-down activities for non-excepted personnel, if called
for, should be completed during the first three hours of the
workday.
Please assure that your agency's personnel remain in
close touch with their OMB examiner(s) on this matter, and
please be prepared for possible planning meetings at the
General Counsel/Assistant Secretary for Management level.
Please notify your OMs examiner(s) immediately of any
problems relative to full compliance with this memorandum or
the Attorney General's opinion.
Thank you.
Declassified in Part - Sanitized Copy Approved for Release 2011/10/21: CIA-RDP90G00152R000100010002-6