Order Code RS20348
Updated October 18, 1999
CRS Report for Congress
Received through the CRS Web
Federal Funding Gaps: A Brief Overview
Robert Keith
Specialist in American National Government
Government and Finance Division
The routine activities of most federal agencies are funded annually by one or more
of the 13 regular appropriations bills. When action on the regular appropriations bills is
delayed, a continuing resolution (CR) is used to provide interim funding. During the past
48 years, CRs have been enacted for all but four fiscal years (FY1953, 1989, 1995, and
1997). For some fiscal years, a series of as many as six CRs have been enacted.
The Antideficiency Act (31 U.S.C. 1341-1342, 1511-1519) generally bars agencies
from continued operation in the absence of appropriations. Exceptions are made under
the act for activities involving “the safety of human life or the protection of property.” The
interval during the fiscal year when agency appropriations are not enacted into law, either
in the form of a regular appropriations act or a CR, is referred to as a funding gap.
Although funding gaps may occur at the start of the fiscal year (on October 1), they also
may occur any time a CR expires and another CR (or the regular appropriations bill) is not
enacted immediately thereafter. Also, multiple funding gaps may occur for a fiscal year.
In 1980 and 1981, Attorney General Benjamin Civiletti issued opinions clarifying the
need for federal agencies to begin terminating regular activities immediately upon the
occurrence of a funding gap. Consequently, when a funding gap occurs, the federal
government begins a shutdown of the affected agencies. A shutdown entails the prompt
furlough of nonemergency personnel and curtailment of agency activities, including the
provision of most services to the public. The general practice of the federal government
over the years has been to pay furloughed employees, after the shutdown has ended, for
time missed, even when no work was performed.
As Table 1 shows, there were 17 funding gaps during the 23 fiscal years from
FY1977-1999, ranging in duration from one to 21 full days. Six of the seven lengthiest
funding gaps, lasting between 8 and 17 days, occurred between FY1977 and FY1980,
before the Civiletti opinions were issued. After the issuance of these opinions, the duration
of funding gaps shortened considerably (ranging from one to three days, with the longer
gaps occurring over the weekend). However, a five-day and a 21-day funding gap for
FY1996 occurred in late 1995 and early 1996, due to unusually difficult and protracted
negotiations between the President and Congress over budget and appropriations issues.
Congressional Research Service ˜ The Library of Congress

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CRS-2
Table 1. Appropriations Funding Gaps: FY1977-1999
Fiscal
Full day(s)
year
Date gap commenced1
of gaps
Date gap terminated2
1977
Thursday, 09-30-76
10
Monday, 10-11-76
1978
Friday, 09-30-77
12
Thursday, 10-13-77
Monday, 10-31-77
8
Wednesday, 11-09-77
Wednesday, 11-30-77
8
Friday, 12-09-77
1979
Saturday, 09-30-78
17
Wednesday, 10-18-78
1980
Sunday, 09-30-79
11
Friday, 10-12-79
1981
---
---
---
1982
Friday, 11-20-81
2
Monday, 11-23-81
1983
Thursday, 09-30-82
1
Saturday, 10-02-82
Friday, 12-17-82
3
Tuesday, 12-21-82
1984
Thursday, 11-10-83
3
Monday, 11-14-83
1985
Sunday, 09-30-84
2
Wednesday, 10-03-84
Wednesday, 10-03-84
1
Friday, 10-05-84
1986
---
---
---
1987
Thursday, 10-16-86
1
Saturday, 10-18-86
1988
Friday, 12-18-87
1
Sunday, 12-20-87
1989
---
---
---
1990
---
---
---
1991
Friday, 10-05-90
3
Tuesday, 10-09-90
1992
---
---
---
1993
---
---
---
1994
---
---
---
1995
---
---
---
1996
Monday, 11-13-95
5
Sunday, 11-19-95
Friday, 12-15-95
21
Saturday, 01-06-96
1997
---
---
---
1998
---
---
---
1999
---
---
---
1 Gap commenced at midnight of the date indicated.
2 Gap terminated during the date indicated due to the enactment of further continuing resolutions or
regular appropriations acts.

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