Past Government Shutdowns: Key Resources
Jared Conrad Nagel
Information Research Specialist
Justin Murray
Information Research Specialist
April 8, 2011
Congressional Research Service
7-5700
www.crs.gov
R41759
CRS Report for Congress
P
repared for Members and Committees of Congress
Past Government Shutdowns: Key Resources
Summary
When federal government agencies and programs lack budget authority, they experience a
“funding gap.” Under the Antideficiency Act (31 U.S.C. § 1341 et seq.), they must cease
operations, except in certain circumstances. When there is a funding gap that affects many federal
entities, the situation is often referred to as a government shutdown. In the past, there have
occasionally been government shutdowns, the longest of which lasted 21 days, from December
16, 1995, to January 6, 1996.
This report provides an annotated list of historical documents and other resources related to
several past government shutdowns. The report also includes links to full-text documents when
available. There is limited information and guidance related to shutdowns, and it is difficult to
predict what might happen in the event of one, but information about past events may help inform
future deliberations.
For more information about federal government shutdowns and funding gaps, see
• CRS Report R41723, Funding Gaps and Government Shutdowns: CRS Experts,
by Clinton T. Brass;
• CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes,
and Effects, by Clinton T. Brass;
• CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by Jessica
Tollestrup; and
• CRS Report R41745, Government Shutdown: Operations of the Department of
Defense During a Lapse in Appropriations, by Stephen Daggett.
This report will be updated as additional resources are identified.
Congressional Research Service
Past Government Shutdowns: Key Resources
Contents
Introduction ................................................................................................................................ 1
Congressional Research Service Reports ..................................................................................... 1
Government Accountability Office .............................................................................................. 2
House and Senate Committee Prints and Hearings....................................................................... 3
Committee Prints .................................................................................................................. 3
Hearings ............................................................................................................................... 3
Office of Management and Budget .............................................................................................. 4
Office of Personnel Management ................................................................................................ 6
Presidential Materials.................................................................................................................. 6
Presidential Statements Related to FY1996 Shutdowns.......................................................... 7
The November 1995 Shutdown ....................................................................................... 7
The December 1995–January 1996 Shutdown ................................................................. 7
White House Documents Related to the FY1996 Shutdowns: Elena Kagan, Associate
White House Counsel, Clinton Administration ................................................................... 9
Contacts
Author Contact Information ........................................................................................................ 9
Acknowledgments ...................................................................................................................... 9
Congressional Research Service
Past Government Shutdowns: Key Resources
Introduction
This report provides historical documents and other resources related to past government
shutdowns, along with brief annotations that describe the contents of the documents. The report
includes links to full-text documents when available. There is limited information and guidance
related to shutdowns, and it is difficult to predict what might happen in the event of one, but
information about past events may help inform future deliberations.
The following annotated resources are meant to guide readers to relevant materials from
governmental and selected nongovernmental sources.
Congressional Research Service Reports
The following CRS reports include information related to past government shutdowns.
• CRS Report R41723, Funding Gaps and Government Shutdowns: CRS Experts,
by Clinton T. Brass.
Brief Description: This report provides contact information for CRS subject matter
experts who may be able to help answer questions about what happened to specific
agencies or programs during past government shutdowns.
• CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes,
and Effects, by Clinton T. Brass.
Brief Description: This report discusses the causes, processes, and effects of federal
government shutdowns, including potential issues for Congress.
• CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by Jessica
Tollestrup.
Brief Description: This report briefly covers funding gaps since FY1977, including
those related to the 1995 and 1996 government shutdowns.
• CRS Report R41745, Government Shutdown: Operations of the Department of
Defense During a Lapse in Appropriations, by Stephen Daggett.
Brief Description: This report reviews the effects of a lapse in appropriations on the
Department of Defense. Activities that provide for national defense have been permitted
to continue during past government shutdowns.
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Government Accountability Office
The U.S. Government Accountability Office (GAO)1 has published reports related to past and
potential shutdowns. The following documents investigate possible issues and provide historical
context surrounding government shutdowns.
• U.S. General Accounting Office, Cost of the Recent Partial Shutdown of
Government Offices, PAD-82-24, December 10, 1981, available at
http://www.gao.gov/products/PAD-82-24.
Brief Description: According to GAO, this report was completed “in response to
congressional requests,” for which “GAO contacted 13 cabinet departments and 12
selected agencies and offices to obtain information about the costs of a 1981 partial
shutdown of government offices.” It includes costs estimates, background information
about the costs, and GAO recommendations to Congress concerning agency operations in
the event of a government shutdown.
• U.S. General Accounting Office, Funding Gaps Jeopardize Federal Government
Operations, PAD-81-31, March 3, 1981, available at http://www.gao.gov/
products/PAD-81-31.
Brief Description:2 According to GAO, as of March 1981, “interruptions in federal
agency funding at the beginning of the fiscal year (FY) and operations on continuing
resolutions have become the norm rather than the exception.” For years, many federal
agencies continued to operate during a funding gap, while “minimizing all nonessential
operations and obligations, believing that Congress did not intend that agencies close
down” while waiting for the enactment of annual appropriations acts or continuing
resolutions. During the FY1981 appropriations process, the President requested opinions
on the Antideficiency Act from the then-U.S. Attorney General, Benjamin Civiletti.3 In
two memoranda issued in 1980 and 1981, the Attorney General stated that the act
required agencies to terminate all operations when their current appropriations expired.
According to GAO, agencies were uncertain how to respond to the Attorney General’s
opinion and what activities they would be able to continue if appropriations expired. This
GAO report outlines some of the problems surrounding late appropriations and funding
gaps. It also includes Attorney General Civiletti’s opinions within Appendices IV and
VIII.4
1 Until 2004, GAO was called the General Accounting Office. For further information on the agency name change, see
CRS Report RL30349, GAO: Government Accountability Office and General Accounting Office, by Frederick M.
Kaiser.
2 Information about historical context in this section was provided by Clinton Brass. For more information on
government shutdowns see, CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and
Effects, by Clinton T. Brass.
3 Benjamin Civiletti was U.S. Attorney General from 1979 to 1981.
4 Some pages within the PDF are out of order; for example, p. 77 appears before p. 76. The opinions stated that, with
some exceptions, the head of an agency could avoid violating the Antideficiency Act only by suspending the agency’s
operations until the enactment of an appropriation. In the absence of appropriations, exceptions would be allowed only
when there is “some reasonable and articulable connection between the function to be performed and the safety of
human life or the protection of property.” For discussion of exemptions, see U.S. GAO, Principles of Federal
Appropriations Law, 3rd ed., vol., GAO-06-382SP, February 2006, ch. 6, pp. 6-146 - 6 -159.
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• U.S. General Accounting Office, Government Shutdown: Funding Lapse
Furlough Information, GGD-96-52R, December 1, 1995, available at
http://www.gao.gov/products/GGD-96-52R.
Brief Description: GAO was asked to provide available information on the numbers of
federal employees who might have been subject to furlough in the event of a second
shutdown in 1995. GAO provided numbers that were based on plans provided by the
Office of Management and Budget (OMB) to GAO in October 1995. The numbers
included within this document do not represent actual furloughs. The numbers represent
planned furloughs in advance of the two shutdowns, which occurred later in November
and December–January.
• U.S. General Accounting Office, Government Shutdown: Permanent Funding
Lapse Legislation Needed, GGD-91-76, June 6, 1991, available at
http://www.gao.gov/products/GGD-91-76.
Brief Description: In 1990, GAO issued a questionnaire to government agencies in an
attempt to measure the effects of a partial shutdown which occurred on Columbus Day
Weekend. This report also includes estimates on the effects of a hypothetical three-day
shutdown during a nonholiday workweek.
House and Senate Committee Prints and Hearings
Committee Prints
The following committee print includes historical information on a past government shutdown.
• U.S. Congress, House Committee on Post Office and Civil Service, Cost of
Shutting Down Federal Government on November, 23, 1981, committee print,
97th Congress, 2nd session, March 25, 1982 (Washington: GPO, 1982).
Brief Description: This committee print assessed the cost of the November 23, 1981,
shutdown of federal offices resulting from a presidential veto of a continuing resolution
for FY1982. The committee print includes individual federal departments’ and agencies’
shutdown impact assessments in a study conducted by GAO (pp. 73-212).5 It also
includes costs estimates, an OMB memorandum, and the presidential veto statement.
Hearings
The following are congressional hearings which include historical information on past shutdowns.
Some of these hearings include items for the record such as OMB memoranda.
• U.S. Congress, House and Senate Committees on the Budget, Effects of Potential
Government Shutdown, hearing, 104th Congress, 1st session, September 19, 1995
5 U.S. General Accounting Office, Cost of the Recent Partial Shutdown of Government Offices, PAD-82-24, December
10, 1981, available at http://www.gao.gov/products/PAD-82-24.
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(Washington: GPO, 1995), available at
http://www.archive.org/stream/effectsofpotenti00unit.
Brief Description: This hearing took place before the November 1995 shutdown, and it
examined potential scenarios if a shutdown were to occur. The hearing includes testimony
from Walter Dellinger, Assistant Attorney General, U.S. Department of Justice, and Alice
M. Rivlin, Director, OMB. The hearing includes additional materials such as articles,
letters from the Federal Reserve System, and a memo6 from Walter Dellinger to Alice
Rivlin.
• U.S. Congress, House Committee on Government Reform and Oversight,
Subcommittee on Civil Service, Government Shutdown I: What’s Essential?,
hearings, 104th Congress, 1st session, December 6, and 14, 1995 (Washington:
GPO 1997), available at
http://www.gpo.gov/fdsys/pkg/CHRG-104hhrg23275/pdf/CHRG-
104hhrg23275.pdf.
Brief Description: These hearings were held in December 1995 and generally covered
the November 1995 shutdown.7 Because the hearings were not published until 1997,
some additional information related to the December 1995-January 1996 government
shutdown is included.8
• U.S. Congress, House Committee on Resources, State Service Donations in
Budgetary Shutdowns, hearing, 104th Congress, 1st session, December 5, 1995
(Washington: GPO 1996), available at
http://www.archive.org/stream/stateservicedona00unit.
Brief Description: The hearing was held to consider legislation9 that would have
directed the Department of Interior to accept donations from state governments’
employee services for assistance in operating national parks and wildlife refuges during
federal government shutdowns.
Office of Management and Budget
OMB documents and guidance from previous funding gaps and shutdowns may provide insights
into current and future practices. The Office of Personnel Management (OPM) has stated on its
website that agencies may use OMB guidelines to determine “excepted” positions (i.e., those not
subject to furlough) and provided retyped copies of previous OMB bulletins and memoranda for
6 U.S. Department of Justice, Office of Legal Counsel, Government Operation in the Event of a Lapse in
Appropriations, memorandum from Walter Dellinger, Assistant Attorney General, for Alice Rivlin, Director, Office of
Management and Budget, August 16, 1995. Reprinted in the hearing print at pp. 77-85.
7 This hearing print includes inserted material from the Department of Veterans Affairs (VA) Shutdown Plan,
September 1995, pp. 80-90; VA, Agency Shutdown Guidance, August 14, 1995, pp. 119-131; VA, Lapse of
Appropriation Furlough Guidance, September 19, 1995, pp. 132-151; and VA, Updated Plans for Implementing a
Government Shutdown, December 14, 1995, pp. 354-374.
8 This hearing includes an OMB letter with information about the effects of the shutdowns and counts of employees
who were excepted and not excepted from furlough, pp. 266-270 and 272-274. (Pages 273 and 274 are out of order
within the hearing print.)
9 Includes the text of H.R. 2677 and H.R. 2706, 104th Congress.
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Past Government Shutdowns: Key Resources
reference.10 This website, entitled Guidance and Information on Furloughs, is available at
http://www.opm.gov/furlough/OMBGuidance/index.asp.
The OMB documents include
• OMB Bulletin No. 80-14, Shutdown of Agency Operations Upon Failure by the
Congress to Enact Appropriations, August 28, 1980 (citing the 1980 Civiletti
opinion11 and requiring agencies to develop shutdown plans);
• OMB Memorandum, Agency Operations in the Absence of Appropriations,
November 17, 1981 (referencing OMB Bulletin No. 80-14; stating the 1981
Civiletti opinion12 remains in effect; and providing examples of “excepted
activities” that may be continued under a funding gap);
• OMB Bulletin No. 80-14, Supplement No. 1, Agency Operations in the Absence
of Appropriations, August 20, 1982 (“updating” OMB Bulletin No. 80-14 and
newly requiring agencies to submit contingency plans for review by OMB);
• OMB Memorandum M-91-02, Agency Operations in the Absence of
Appropriations, October 5, 1990 (referencing OMB Bulletin No. 80-14; stating
that OMB Bulletin No. 80-14 was “amended” by the OMB Memorandum of
November 17, 1981; stating the 1981 Civiletti opinion remains in effect; and
directing agencies on a Friday how to handle a funding gap that begins during the
weekend); and
• OMB Memorandum M-95-18, Agency Plans for Operations During Funding
Hiatus, August 22, 1995 (referencing OMB Bulletin No. 80-14, as amended;
citing the 1981 Civiletti opinion; transmitting to agencies a 1995 Office of Legal
Counsel opinion as an “update” to the 1981 Civiletti opinion;13 and directing
agencies to send updated contingency plans to OMB).
OMB also provides agencies with annual instructions in Circular No. A-11 on how to prepare for
and operate during a funding gap.
• U.S. Executive Office of the President, Office of Management and Budget,
Circular No. A-11: Preparation, Submission, and Execution of the Budget, July
10 Some of these documents have been reproduced within legislative branch documents mentioned within this report.
See U.S. Congress, House and Senate Committees on the Budget, Effects of Potential Government Shutdown, hearing
104th Cong., 1st sess., September 19, 1995, pp. 77-85; U.S. General Accounting Office, Funding Gaps Jeopardize
Federal Government Operations, Appendices V, VI, and VII; and U.S. Congress, House Committee on Government
Reform and Oversight, Subcommittee on Civil Service, Government Shutdown I: What’s Essential?, hearings, 104th
Cong., 1st sess., December 6, and 14, 1995, pp. 99-112, 121-131, and 428-430.
11 For the 1980 Civiletti opinion, see U.S. General Accounting Office, Funding Gaps Jeopardize Federal Government
Operations, PAD-81-31, March 3, 1981, pp. 63-69, available at http://www.gao.gov/products/PAD-81-31. The pages
within the PDF are out of order within Appendix IV; for example, p. 64 should appear before p. 63.
12 For the 1981 Civiletti opinion, see U.S. General Accounting Office, Funding Gaps Jeopardize Federal Government
Operations, PAD-81-31, March 3, 1981, pp. 77-92, available at http://www.gao.gov/products/PAD-81-31. The pages
within the PDF are out of order within Appendix VIII; for example, p. 77 appears before p. 76.
13 U.S. Department of Justice, Office of Legal Counsel, Government Operation in the Event of a Lapse in
Appropriations, memorandum from Walter Dellinger, Assistant Attorney General, for Alice Rivlin, Director, Office of
Management and Budget, August 16, 1995, reprinted in U.S. Congress, House and Senate Committees on the Budget,
Effects of Potential Government Shutdown, hearing, 104th Cong., 1st sess., September 19, 1995 (Washington: GPO,
1995), pp. 77-85, available at http://www.archive.org/details/effectsofpotenti00unit.
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Past Government Shutdowns: Key Resources
2010, Section 124, available at
http://www.whitehouse.gov/omb/circulars_a11_current_year_a11_toc.
Brief Description: The circular establishes two “policies” regarding the absence of
appropriations: (1) a prohibition on incurring obligations unless the obligations are
otherwise authorized by law and (2) permission to incur obligations “as necessary for
orderly termination of an agency’s functions,” but prohibition of any disbursement (i.e.,
payment).
The circular also directs agency heads to develop and maintain shutdown plans, which
are to be submitted to OMB when initially prepared and also when revised. Agency heads
are to use the Civiletti opinions, a 1995 Department of Justice, Office of Legal Counsel
opinion, and the circular to “decide what activities are essential to operate their agencies
during an appropriations hiatus.”14
Office of Personnel Management
OPM has some information publicly available on the Internet related to government shutdowns
and furloughs.
• U.S. Office of Personnel Management, Guidance and Information on Furloughs,
available at http://www.opm.gov/furlough/.
Brief Description: OPM has a website entitled, Guidance and Information on
Furloughs. This website includes frequently asked questions (FAQs) covering many
issues related to furloughs, which OPM describes as “the placing of an employee in a
temporary nonduty, nonpay status because of lack of work or funds, or other
nondisciplinary reasons.” Some of the topics included within the OPM website are: Types
of Furloughs, Pay and Deductions from Pay, Retirement and Insurance, and Requests for
Leave. The website also provides access to historical documents from OMB.
Presidential Materials
The following documents are from the National Archives and Records Administration (NARA)
Clinton Presidential Materials Project.15 These documents cover statements made by President
William Clinton leading up to and during the November 1995 and December 1995–January 1996
government shutdowns; these documents are arranged by date.
14 For the Department of Justice, Office of Legal Counsel document, see U.S. Congress, House and Senate Committees
on the Budget, Effects of Potential Government Shutdown, hearing, 104th Cong., 1st sess., September 19, 1995
(Washington: GPO, 1995), pp. 77-85, available at http://www.archive.org/details/effectsofpotenti00unit. For more
information on federal government shutdown causes, processes, and effects, see CRS Report RL34680, Shutdown of
the Federal Government: Causes, Processes, and Effects, by Clinton T. Brass.
15 The website notes that this has become part of the William J. Clinton Presidential Library and Museum. See
http://clinton.archives.gov/project_overview/project_overview.html. In 2000-2001, NARA created snapshots of the
Clinton White House website including press releases, speeches, and publications. Some further information on the
project can be found at http://www.archives.gov/press/press-releases/2001/nr01-34.html.
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Presidential Statements Related to FY1996 Shutdowns
The November 1995 Shutdown
Brief Historical Context:16 The November 1995 shutdown began on November 14, 1995, and
ended on November 19, 1995. An estimated 800,000 federal employees were furloughed during
the five full days of the shutdown.17 The furlough action was due to the expiration of a continuing
resolution (P.L. 104-31), which funded the government through November 13, 1995. On
November 13, President William Clinton vetoed a second continuing resolution (H.J.Res. 115)
and a debt limit extension bill (H.R. 2586) and instructed agencies to begin shutdown operations.
The following presidential statements occurred during this time period.
• U.S. President (Clinton), November 13, 1995, President’s Message to Congress
on Continuing Resolution Veto, available at
http://clinton6.nara.gov/1995/11/1995-11-13-president-message-to-congress-on-
continuing-res-veto.html.
• U.S. President (Clinton), November 14, 1995, Statement by the President on
Government Shutdown, available at
http://clinton6.nara.gov/1995/11/1995-11-14-for-the-record-president-on-
government-shutdown.html.
• U.S. President (Clinton), November 17, 1995, Transmittal to Congress of
Presidential C.R., available at
http://clinton6.nara.gov/1995/11/1995-11-17-transmittal-to-congress-of-
presidential-cr.html.
• U.S. President (Clinton), November 18, 1995, Radio Address by the President to
the Nation, available at
http://clinton6.nara.gov/1995/11/1995-11-18-radio-address-by-the-president-to-
the-nation.html.
• U.S. President (Clinton), November 19, 1995, Statement by the President on
Budget Agreement, available at
http://clinton6.nara.gov/1995/11/1995-11-19-statement-by-the-president-on-
budget-agreement.html.
The December 1995–January 1996 Shutdown
Brief Historical Context:18 The December 1995–January 1996 shutdown began on December
16, 1995, and ended on January 6, 1996. The shutdown was triggered by the expiration of a
continuing funding resolution enacted on November 20, 1995 (P.L. 104-56), which funded the
government through December 15, 1995. This shutdown officially ended on January 6, with the
16 Information about the historical context in this section was provided by Jessica Tollestrup. For more information on
funding gaps, see CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by Jessica Tollestrup.
17 See U.S. Congress, House Committee on Government Reform and Oversight, Subcommittee on Civil Service,
Government Shutdown I: What’s Essential?, hearings, 104th Cong., 1st sess., December 6, and 14, 1995, p 4.
18 Information about the historical context in this section was provided by Jessica Tollestrup. For more information on
funding gaps, see CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by Jessica Tollestrup.
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Past Government Shutdowns: Key Resources
passage of three CRs (P.L. 104-91, P.L. 104-92, and P.L. 104-94). There were five additional
short-term continuing resolutions needed to prevent further funding gaps from occurring through
April 26, 1996, when the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(P.L. 104-134) was enacted to fund any agencies or programs not yet funded through FY1996.
The following presidential statements occurred during the time period of December 15, 1995,
through January 6, 1996.
• U.S. President (Clinton), December 15, 1995, Statement by the President on
Budget Negotiations, available at
http://clinton6.nara.gov/1995/12/1995-12-15-president-statement-on-budget-
negotiations.html.
• U.S. President (Clinton), December 16, 1995, Radio Address by the President to
the Nation, available at
http://clinton6.nara.gov/1995/12/1995-12-16-radio-address-by-the-president-to-
the-nation.html.
• U.S. President (Clinton), December 18, 1995, Statement by the President on the
Budget, available at
http://clinton6.nara.gov/1995/12/1995-12-18-statement-by-the-president-on-the-
budget.html.
• U.S. President (Clinton), December 22, 1995, Statement by the President on
Signing House Joint Res. 136, available at
http://clinton6.nara.gov/1995/12/1995-12-22-president-statement-on-signing-
house-joint-res.html.
• U.S. President (Clinton), December 23, 1995, Radio Address by the President to
the Nation, available at
http://clinton6.nara.gov/1995/12/1995-12-23-radio-address-by-the-president-to-
the-nation.html.
• U.S. President (Clinton), January 4, 1996, Statement by the President on House
Joint Resolution 153, available at
http://clinton6.nara.gov/1996/01/1996-01-04-president-statement-on-house-joint-
resolution.html.
• U.S. President (Clinton), January 6, 1996, Statement by the President on
Balanced Budget Proposal, available at
http://clinton6.nara.gov/1996/01/1996-01-06-president-remarks-on-balanced-
budget-proposal.html.
• U.S. President (Clinton), January 6, 1996, Statement by the President in Signing
HR 1358, available at
http://clinton6.nara.gov/1996/01/1996-01-06-president-statement-in-signing-
hr.html.
• U.S. President (Clinton), January 6, 1996, Statement by the President in Signing
H.R. 1643, available at
http://clinton6.nara.gov/1996/01/1996-01-06-president-statement-in-signing-hr-
a.html.
• U.S. President (Clinton), January 6, 1996, Radio Address by the President to the
Nation, available at
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http://clinton6.nara.gov/1996/01/1996-01-06-radio-address-by-the-president-to-
the-nation.html.
White House Documents Related to the FY1996 Shutdowns: Elena
Kagan,19 Associate White House Counsel, Clinton Administration
Brief Historical Context: Elena Kagan is currently serving as U.S. Supreme Court Justice. In
1995-1996, she served as Associate White House Counsel under President Clinton. Access to
records from Elena Kagan’s time in the Office of White House Counsel is provided at the Clinton
Library website. A series of PDF documents labeled “shutdown” appears in Box 7 at the website.
Many of these materials are working documents, handwritten notes, and emails, and so were not
official statements released during 1995-1996 about the shutdowns by the Clinton Administration.
• William J. Clinton Presidential Library and Museum, Textual Research, Elena
Kagan, Office of White House Counsel, at
http://www.clintonlibrary.gov/_previous/textual-KAGANCounsel.htm.
Author Contact Information
Jared Conrad Nagel
Justin Murray
Information Research Specialist
Information Research Specialist
jnagel@crs.loc.gov, 7-2468
jmurray@crs.loc.gov, 7-4092
Acknowledgments
Some of the descriptions within this report draw from CRS Report RL34680, Shutdown of the Federal
Government: Causes, Processes, and Effects, by Clinton T. Brass. Jessica Tollestrup assisted by providing
details within the brief historical context sections on the November 1995 and December 1995–January
1996 shutdowns.
19 Current U.S. Supreme Court Justice Elena Kagan served as Associate Counsel to President Clinton from 1995 to
1996.
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