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Report to the Ranking Member, Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia, 
Committee on Homeland Security and Governmental Affairs, U.S. Senate: 

United States Government Accountability Office: 
GAO: 

September 2009: 

Continuing Resolutions: 

Uncertainty Limited Management Options and Increased Workload in 
Selected Agencies: 

GAO-09-879: 

GAO Highlights: 

Highlights of GAO-09-879, a report to the Ranking Member, Subcommittee 
on Oversight of Government Management, the Federal Workforce, and the 
District of Columbia, Committee on Homeland Security and Governmental 
Affairs, U.S. Senate. 

Why GAO Did This Study: 

In all but 3 of the last 30 years, Congress enacted a continuing 
resolution (CR) allowing federal agencies to continue operating when 
their regular appropriations had not been passed. CRs appropriate funds 
generally through rates for operations—funding formulas frequently 
referenced to the previous years’ appropriations acts or a bill that 
has passed either the House or Senate—instead of a specific amount. GAO 
was asked to examine how CRs have changed over time, the effect CRs 
have had on selected agency operations, and actions that have been 
taken to mitigate the effects. Accordingly, GAO analyzed CR provisions 
enacted over the past 10 years and did a case study review of selected 
agencies that have considerable experience with CRs, represent 
different ways of providing services, and have different operational 
capabilities. Case study agencies were the Administration for Children 
and Families, Bureau of Prisons, Federal Bureau of Investigation, Food 
and Drug Administration, Veterans Benefits Administration, and Veterans 
Health Administration. 

What GAO Found: 

Since 1999, all agencies operated under a CR for some period of time. 
The CRs included 11 standard provisions that provided direction on the 
availability of funding and demonstrated the temporary nature of CRs. 
During CR periods, these standard provisions required most agencies to 
operate under a conservative rate of spending and imposed limitations 
on certain activities. However, CRs provided some agencies or programs 
funding or direction different from what was provided by the standard 
provisions, especially under longer-term CRs. These specific provisions—
called legislative anomalies—may alleviate some challenges of operating 
during the CR period. Over the last decade, the duration of individual 
CRs ranged from 1 to 157 days and the CR period lasted 3 months on 
average (see figure). 

Figure: Number and Duration of Continuing Resolutions, Fiscal Years 
1999–2009: 

[Refer to PDF for image: horizontal bar graph] 

Fiscal year: 1999; 
Continuing Resolutions: 6. 

Fiscal year: 2000; 
Continuing Resolutions: 7. 

Fiscal year: 2001; 
Continuing Resolutions: 21. 

Fiscal year: 2002; 
Continuing Resolutions: 8. 

Fiscal year: 2003; 
Continuing Resolutions: 8. 

Fiscal year: 2004; 
Continuing Resolutions: 5[A]. 

Fiscal year: 2005; 
Continuing Resolutions: 3. 

Fiscal year: 2006; 
Continuing Resolutions: 3. 

Fiscal year: 2007; 
Continuing Resolutions: 4[B]. 

Fiscal year: 2008; 
Continuing Resolutions: 4. 

Fiscal year: 2009; 
Continuing Resolutions: 2. 

Source: GAO. 

[A] The fifth CR amended the original CR with substantive provisions 
but did not extend the CR period. 

[B] The CR passed in February 2007 provided funding for the remainder 
of the fiscal year and is not included above. 

[End of figure] 

All six case study agencies reported that operating within the 
limitations of the CR resulted in inefficiencies. The most common 
inefficiencies reported were delays to certain activities, such as 
hiring, and repetitive work, including issuing multiple grants or 
contracts. Case study agencies also reported that CRs limited 
management options, making trade-offs more difficult. Both the 
limitations in planning and amount of additional work varied by agency 
and activity and depended in large part on the number and duration of 
CRs. After operating under CRs for a prolonged period, agencies faced 
additional challenges executing their budget in a compressed time 
frame. Officials from three agencies said that multiyear budget 
authority was helpful for managing funds in these circumstances. CRs 
enabled agencies to continue to carry out their missions until their 
regular appropriations were enacted. 

What GAO Recommends: 

GAO is not making any recommendations. Departments responsible for case 
study agencies provided comments that were clarifying or technical in 
nature and were incorporated as appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-09-879] or key 
components. For more information, contact Denise M. Fantone at (202) 
512-6806 or fantoned@gao.gov or Susan A. Poling at (202) 512-2667 or 
polings@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

CRs Provide Interim Funding for Agencies and Programs: 

Selected Agencies' Experiences Varied but All Reported That CRs Limited 
Management Options and Resulted in Inefficiencies: 

Concluding Observations: 

Agency Comments: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Additional Information on Provisions and Funding Provided 
in Continuing Resolutions: 

Appendix III: GAO Contacts and Staff Acknowledgments: 

Tables: 

Table 1: Annual Salary Increases for Federal Employees for Years in 
Which the CR Extended Beyond the First Quarter: 

Table 2: Appropriations Acts under a Continuing Resolution for More 
than the Average of 847 Days during Fiscal Years 1999 and 2008: 

Table 3: Days Case Study Agencies Operated under a CR, Fiscal Years 
1999-2008: 

Table 4: Standard CR Provisions: 

Figures: 

Figure 1: Number and Duration of CRs (Fiscal Years 1999-2009): 

Figure 2: Average Annual Duration of CRs by Appropriations Subcommittee 
(Fiscal Years 1999-2009): 

Figure 3: Duration of Initial CR and Number of Anomalies (Fiscal Years 
1999-2009): 

Figure 4: FBI Streamlined Its Requisition Process during a CR: 

Figure 5: Agencies Shifted Contract and Grant Cycles: 

Figure 6: Practice Used to Streamline VA's Allotment Process during a 
CR: 

Figure 7: Fiscal Year 2005-Rate for Operations: 

Figure 8: Fiscal Year 2006-Rates for Operations: 

Abbreviations: 

ACF: Administration for Children and Families: 

AFI: Assets for Independence: 

BOP: Bureau of Prisons: 

CFO: Chief Financial Officers: 

CR: continuing resolution: 

CRS: Congressional Research Service: 

DOJ: Department of Justice: 

FDA: Food and Drug Administration: 

FBI: Federal Bureau of Investigation: 

HHS: Department of Health and Human Services: 

LIHEAP: Low Income Home Energy Assistance Program: 

OMB: Office of Management and Budget: 

VA: Department of Veterans Affairs: 

VBA: Veterans Benefits Administration: 

VHA: Veterans Health Administration: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

September 24, 2009: 

The Honorable George V. Voinovich: 
Ranking Member: 
Subcommittee on Oversight of Government Management, the Federal 
Workforce, and the District of Columbia: 
Committee on Homeland Security and Governmental Affairs: 
United States Senate: 

Dear Senator Voinovich: 

Congress enacted continuing resolutions (CR)--that is, funding for 
agencies to continue operating when their regular appropriation bills 
have not been enacted before the beginning of the new fiscal year--in 
all but 3 of the last 30 fiscal years.[Footnote 1] Federal departments 
and agencies receive funding through regular annual appropriations 
acts, and in their absence, CRs prevent a funding gap. However, they 
only provide funding for the period of the CR and thereby create 
uncertainty about both the timing and level of funding that ultimately 
will be available. The Congressional Research Service (CRS) recently 
reported on the potential impacts of CRs on agency operations. Besides 
imposing some paperwork burden on agencies, CRS said that CRs may lead 
agencies to reduce or delay a variety of activities and alter their 
operations and spending patterns over time.[Footnote 2] However, no 
systematic review has been done to identify factors that may influence 
how agencies manage during CRs and what steps agencies take to mitigate 
the effects of uncertainty. 

In response to your request that we evaluate the effects of CRs on 
federal agency operations, this report examines (1) the history and 
characteristics of CRs, and (2) for selected case study agencies, how 
CRs have affected agency operations and what actions have been taken to 
mitigate the effects of CRs. 

To accomplish the first objective, we analyzed provisions in CRs 
enacted from 1999-2009. We described how they direct agencies to 
operate during the period and how the provisions changed over time. We 
also analyzed nonstandard provisions called legislative anomalies that 
provide specific directives to particular agencies. To accomplish our 
second objective, we conducted a case study review of six agencies 
within three cabinet-level departments. We selected departments and 
agencies based on a number of factors discussed with a panel of federal 
departmental Chief Financial Officers (CFO) that we convened in 
November 2008. Factors included such things as the average number of 
days an agency operated under a CR between 1999 and 2008 and the way 
they provide services (e.g., directly by federal personnel, through 
contracts or grants to third parties, and through the use of federal 
facilities).[Footnote 3] Our case study agencies were: 

Department of Health and Human Services (HHS): 

* Administration for Children and Families (ACF): 

* Food and Drug Administration (FDA): 

Department of Veterans Affairs (VA): 

* Veterans Health Administration (VHA): 

* Veterans Benefits Administration (VBA): 

Department of Justice (DOJ): 

* Bureau of Prisons (BOP): 

* Federal Bureau of Investigation (FBI): 

In our selected agencies, we interviewed officials from budget, 
program, and procurement offices about the effects of CRs on program 
delivery, management support, and revenue collection. We asked agencies 
to demonstrate the effects of regular appropriations being enacted 
after the start of the fiscal year--October 1st--and identify 
associated costs where possible. However, it is difficult to isolate 
the effects of CRs and none of the agencies said they tracked the time 
or resources explicitly devoted to CRs. 

We conducted this performance audit from September 2008 to September 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. For 
additional details on our scope and methodology, see appendix I. 

Background: 

Federal departments and agencies receive funding through regular annual 
appropriations acts.[Footnote 4] However, in the years covered in this 
study, all appropriations acts were not enacted before the beginning of 
the new fiscal year. If one or more of the regular appropriations acts 
are not enacted, a funding gap may result and agencies may lack 
sufficient funding to continue operations.[Footnote 5] The last such 
occurrence was in fiscal year 1996 during which unusually difficult 
budget negotiations led to two funding gaps with a widespread shutdown 
of government operations and the furlough of an estimated 800,000 
federal government employees. To prevent similar results, Congress 
enacts CRs to maintain a level of service in government operations and 
programs until Congress and the President reach agreement on regular 
appropriations. 

CRs are temporary appropriations acts. Once the regular appropriation 
act is enacted it supersedes the CR. CRs generally do not specify an 
amount for programs and activities but permit agencies to continue 
operations at a certain "rate for operations."[Footnote 6] They 
typically incorporate by reference the conditions and restrictions 
contained in prior years' appropriations acts or the appropriations 
bills currently under consideration. 

The Office of Management and Budget (OMB) is responsible for 
apportioning executive branch appropriations, including amounts made 
available under CRs. An apportionment divides appropriations by 
specific time periods (usually quarters), projects, activities, 
objects, or combinations thereof, in part to ensure agencies have 
resources throughout the fiscal year. OMB automatically apportions 
amounts made available under a CR.[Footnote 7] 

Duration of CRs: 

The duration of CRs varied during the period covered in this study, 
fiscal years 1999-2009. Figure 1 shows that the duration of individual 
CRs enacted from 1999 to 2009 ranged from 1 to 157 days and the number 
of CRs enacted in each year ranged from 2 to 21. The average length of 
the CR period was about 3 months and in several years--fiscal years 
2002-2004, 2007, and 2009--agencies' regular appropriations were not 
enacted until the second quarter of the fiscal year. This figure also 
shows that the duration of initial CRs was less than 1 month from 1999- 
2003, but since then the duration has been about 1 month or more. 

Figure 1: Number and Duration of CRs (Fiscal Years 1999-2009): 

[Refer to PDF for image: horizontal bar graph] 

Fiscal year: 1999; 
Continuing Resolutions: 6. 

Fiscal year: 2000; 
Continuing Resolutions: 7. 

Fiscal year: 2001; 
Continuing Resolutions: 21. 

Fiscal year: 2002; 
Continuing Resolutions: 8. 

Fiscal year: 2003; 
Continuing Resolutions: 8. 

Fiscal year: 2004; 
Continuing Resolutions: 5[A]. 

Fiscal year: 2005; 
Continuing Resolutions: 3. 

Fiscal year: 2006; 
Continuing Resolutions: 3. 

Fiscal year: 2007; 
Continuing Resolutions: 4[B]. 

Fiscal year: 2008; 
Continuing Resolutions: 4. 

Fiscal year: 2009; 
Continuing Resolutions: 2. 

Source: GAO. 

[A] The fifth CR, Pub. L. 108-185, amended the original CR with 
substantive provisions but did not extend the CR period. 

[B] In February 2007, Congress enacted a 227-day CR that provided 
funding for the remainder of the fiscal year; this CR is not included 
in figure 1. 

[End of figure] 

Between fiscal year 1999 and 2009, most agencies operated under a CR at 
the beginning of the fiscal year, uncertain if there would be 
subsequent CRs and if so, how many and how long before receiving 
regular appropriations. In fiscal year 2001, for example, there were 20 
extensions of the initial CR, each ranging from 1 to 21 days, and the 
total period when one or more agencies operated under a CR was 83 days. 
There is no discernable pattern for the duration or number of 
extensions and not all federal agencies are under CRs for the entire 
duration. As shown in figure 2, agencies covered by the Defense, 
Military Construction, and Homeland Security Appropriations 
Subcommittees operated under CRs for about 1 month on average during 
fiscal years 1999-2009, whereas other agencies operated under CRs for 
at least 2 months on average. 

Figure 2: Average Annual Duration of CRs by Appropriations Subcommittee 
(Fiscal Years 1999-2009): 

[Refer to PDF for image: horizontal bar graph] 

Appropriations subcommittee: Homeland Security; 
Average duration of CR: 21 days. 

Appropriations subcommittee: Defense; 
Average duration of CR: 27 days. 

Appropriations subcommittee: Military Construction; 
Average duration of CR: 37 days. 

Appropriations subcommittee: VA; 
Average duration of CR: 66 days. 

Appropriations subcommittee: Legislative branch; 
Average duration of CR: 67 days. 

Appropriations subcommittee: Interior; 
Average duration of CR: 69 days. 

Appropriations subcommittee: Energy/Water; 
Average duration of CR: 71 days. 

Appropriations subcommittee: Agriculture; 
Average duration of CR: 79 days. 

Appropriations subcommittee: Housing and Urban Development; 
Average duration of CR: 81 days. 

Appropriations subcommittee: Transportation; 
Average duration of CR: 81 days. 

Appropriations subcommittee: Treasury; 
Average duration of CR: 83 days. 

Appropriations subcommittee: District of Columbia; 
Average duration of CR: 84 days. 

Appropriations subcommittee: Foreign Operations; 
Average duration of CR: 88 days. 

Appropriations subcommittee: State; 
Average duration of CR: 89 days. 

Appropriations subcommittee: Commerce/Justice; 
Average duration of CR: 89 days. 

Appropriations subcommittee: Labor/Health and Human Services; 
Average duration of CR: 96 days. 

Source: GAO. 

[End of figure] 

CRs Provide Interim Funding for Agencies and Programs: 

During the period studied, fiscal years 1999-2009, every agency 
operated under a CR for some period of time. For most, this meant 
temporarily operating under a conservative rate of spending and 
limitations on certain activities, as required by the standard 
provisions. However, in some circumstances, Congress increased amounts 
available to some programs and activities, extended authorities, or 
provided greater direction than what was provided by the standard 
provisions, especially in longer CRs. These specific provisions--called 
legislative anomalies--may alleviate some challenges during the CR 
period. 

Standard Provisions Govern Most Agencies and Programs Funded under a 
CR: 

We identified 11 standard provisions applicable to the funding of most 
agencies and programs under a CR.[Footnote 8] These provisions provide 
direction regarding the availability of funding and demonstrate the 
temporary nature of the legislation. For example, one standard 
provision provides for an amount to be available to continue operations 
at a designated rate for operations. Since fiscal year 1999, different 
formulas have been enacted for determining the rate for operations 
during the CR period. The amount often is based on the prior fiscal 
year's funding level or the "current rate" but may also be based on a 
bill that has passed either the House or Senate. Depending on the 
language of the CR, different agencies operate under different rates. 
[Footnote 9] The amount is available until a specified date or until 
the agency's regular appropriations act is enacted, whichever is 
sooner. In general, CRs prohibit new activities and projects for which 
appropriations, funds, or other authority were not available in the 
prior fiscal year. Also, so the agency action does not impinge upon 
final funding prerogatives, agencies are directed to take only the most 
limited funding actions and CRs limit the ability of an agency to 
obligate all, or a large share, of its available appropriation. 

Congress added two new standard provisions since 1999. At the beginning 
of fiscal year 2004, Congress standardized a provision that makes 
funding available under CRs to allow for entitlements and mandatory 
payments funded through the regular appropriations acts to be paid at 
the current fiscal year level.[Footnote 10] In 2007, Congress enacted 
the furlough provision in the CR for the first time. This provision 
permits OMB and other authorized government officials to apportion up 
to the full amount of the rate for operations to avoid a furlough of 
civilian employees. This authority may not be used until after an 
agency has taken all necessary action to defer or reduce nonpersonnel- 
related administrative expenses. The problem of covering salary and 
personnel expenses with limited funding may be exacerbated when a CR 
crosses the calendar year and a mandatory salary increase becomes 
effective.[Footnote 11] For example, in fiscal year 2009, the CR 
enacted a 3.9 percent pay increase for certain civilian employees to 
begin on the first full pay period of the calendar year. However, the 
CR did not provide additional funding beyond the enacted rates for 
operations. Accordingly, most agencies were expected to cover the 
salary increase and related personnel costs at fiscal year 2008 funding 
levels. 

Legislative Anomalies May Alleviate Some Challenges of Operating during 
the CR Period: 

In addition to the standard provisions, CRs contained legislative 
anomalies that provided funding and authorities that were different 
from the standard provisions. We identified approximately 280 anomalies 
enacted in CRs since fiscal year 1999. The number of anomalies 
generally increased as the duration of initial CRs increased in recent 
years (see figure 3). Despite the growing number, legislative anomalies 
covered a small share of the agencies, programs, and activities covered 
by the CR in each year. Most agencies operated under the more 
conservative funding levels and limitations provided by the standard 
provisions for the duration of the CR. 

Figure 3: Duration of Initial CR and Number of Anomalies (Fiscal Years 
1999-2009): 

[Refer to PDF for image: vertical bar and line graph] 

Fiscal year: 1999	
Duration of initial CR: 9 days; 
Number of anomalies in initial CR: 7. 

Fiscal year: 2000	
Duration of initial CR: 21 days; 
Number of anomalies in initial CR: 11. 

Fiscal year: 2001	
Duration of initial CR: 6 days; 
Number of anomalies in initial CR: 8. 

Fiscal year: 2002	
Duration of initial CR: 16 days; 
Number of anomalies in initial CR: 10. 

Fiscal year: 2003	
Duration of initial CR: 4 days; 
Number of anomalies in initial CR: 9. 

Fiscal year: 2004	
Duration of initial CR: 31 days; 
Number of anomalies in initial CR: 23. 

Fiscal year: 2005	
Duration of initial CR: 51 days; 
Number of anomalies in initial CR: 25. 

Fiscal year: 2006	
Duration of initial CR: 49 days; 
Number of anomalies in initial CR: 19. 

Fiscal year: 2007	
Duration of initial CR: 48 days; 
Number of anomalies in initial CR: 18. 

Fiscal year: 2008	
Duration of initial CR: 47 days; 
Number of anomalies in initial CR: 39. 

Fiscal year: 2009	
Duration of initial CR: 157 days; 
Number of anomalies in initial CR: 60. 

Source: GAO. 

[End of figure] 

Over two-thirds of the anomalies enacted since 1999 fell into two 
categories: 

* a different amount than that provided by the standard rate for 
operations, and: 

* extensions of expiring program authority. 

Over one-third of the legislative anomalies enacted since 1999 provided 
an agency, program, or activity an amount different from that provided 
in the standard provisions. Programs that received a specific or 
additional amount or a different rate for operations under a CR include 
the decennial census, wildfire management, disaster relief, veterans 
healthcare and benefits, and presidential transition activities. An 
anomaly in the 2009 CR provided BOP with funding equal to the amount 
requested to cover costs for the current services level in the 
President's fiscal year 2009 budget request.[Footnote 12] The previous 
year, BOP had received more than $296 million in supplemental 
appropriations and amounts made available from other DOJ appropriation 
accounts that were not included in the standard rate for operations in 
the 2009 CR. According to BOP officials, the anomaly in the 2009 CR 
helped ensure BOP could continue to pay salaries and expenses of the 
existing staff and costs of the growing inmate population. In any one 
of the years we studied prior to 2009, CRs only included up to 18 
provisions that provided a different amount than what was provided in 
the standard provisions. However, in 2009 over 30 such provisions were 
included in the 157-day CR. 

In some cases, CRs provided full-year appropriations for a program or 
activity. Under these circumstances, agencies have funding certainty 
during the CR period. For example, in fiscal year 2009, the CR 
appropriated an amount to cover the entire year for Low Income Home 
Energy Assistance Program (LIHEAP) payments. LIHEAP provides assistance 
for low-income families in meeting their home energy needs and 
typically 90 percent of LIHEAP funding is obligated in the first 
quarter to cover winter heating costs. For several years prior to 2009, 
OMB provided LIHEAP a seasonal apportionment allowing the program to 
operate at a higher rate than would have been allowed under OMB's 
automatic apportionment. However, by receiving a full-year 
appropriation in the CR, the LIHEAP program could operate with 
certainty about its final funding level making an exception 
apportionment unnecessary. However, these circumstances are rare; most 
federal programs and activities faced uncertainty during the CR period 
about when and how much funding would be provided in their regular 
appropriations. 

Another large share of legislative anomalies enacted since fiscal year 
1999 extended expiring authorities through the specified termination 
date of the CR. The types of programs extended during the years of our 
review are diverse, including the National Flood Insurance Program, 
affordable housing, free lunch, and food service programs. CRs also 
have extended the authority to collect and obligate fees, such as for 
mining, or to collect certain copayments from veterans for medications. 
The fiscal year 2008 CR, for example, included an extension of VA's 
authority to collect certain amounts from veterans and third parties, 
including insurance providers. If the authorization had not been 
extended, VA would have had to operate with less funding. 

In some cases, Congress lifted or added restrictions on the authorized 
purpose for which funds could be used during the CR period or amended 
other laws. Also, there have been a few legislative anomalies for 
activities not funded in the prior year, such as a presidential 
transition. In sum, the number and range of anomalies demonstrate that 
while CRs are temporary measures, Congress has chosen to include 
provisions to address specific issues. 

Selected Agencies' Experiences Varied but All Reported That CRs Limited 
Management Options and Resulted in Inefficiencies: 

All six case study agencies reported that the most common 
inefficiencies were delays to certain activities, such as hiring, and 
repetitive work, including having to enter into several short-term 
contracts or issuing multiple grants to the same recipient. The effects 
of the delays and the amount of additional work varied by agency and by 
activity and depended in large part on the number and duration of CRs. 

All case study agencies reported not filling some new or existing 
positions during the CR period because they were uncertain how many 
positions their regular appropriation would support or to meet more 
immediate funding needs during the CR period. For example, according to 
FBI officials, rates for operations provided in CRs based on the 
previous year's appropriations acts do not include annual pay raises, 
the annualization of pay for the previous year's hiring increases, or 
the increased costs of retirement, health insurance, and other employee 
benefits. To cover these costs, FBI delayed filling existing positions 
during CRs. In addition, officials from ACF and FDA said they were 
reluctant to begin the hiring process during the CR period for fear 
that the time invested would be wasted if the certificate of eligibles 
listing qualified applicants expired or the agency received 
insufficient funding to support the additional staff. Agency officials 
said that if hiring was delayed during the CR period, it was 
particularly difficult to fill positions by the end of the year after a 
longer CR period. Overall, case study agency officials said that, 
absent a CR, they would have hired additional staff sooner for 
activities such as grant processing and oversight, food and drug 
inspections, intelligence analysis, prison security, claims processing 
for veterans' benefits, or general administrative tasks, such as 
financial management and budget execution. 

Agency officials said that given the number of variables involved, it 
is difficult to quantify the effect that hiring delays related to CRs 
had on specific agency activities. Agencies were also largely unable to 
identify any specific foregone opportunities that may have resulted 
from a delay in hiring related to CRs. However, they did describe some 
general effects. 

* An FDA official from the Office of Regulatory Affairs said that 
deferring the hiring and training of staff during a CR affected the 
agency's ability to conduct the targeted number of inspections 
negotiated with FDA's product centers in areas such as food and medical 
devices. Another FDA official said that routine surveillance activities 
(e.g., inspections, sample collections, field examinations, etc.) are 
some of the first to be affected. 

* BOP officials said that deferring hiring during CRs has made it 
difficult for BOP to maintain or improve the ratio of corrections 
officers to inmates as the prison population increases. 

* VBA officials cited missed opportunities in processing additional 
benefits claims and completing other tasks. Because newly hired claims 
processors require as much as 24 months of training to reach full 
performance, a VBA official said that the effects of hiring delays 
related to CRs are not immediate, but reduce service delivery in 
subsequent years. However, VBA was able to achieve its hiring goals by 
the end of the fiscal year in each of the past 4 years.[Footnote 13] 

The effects of CRs on hiring at other departments as described by 
departmental CFOs and others who participated in our panel discussion 
were similar to those identified by officials at case study agencies. 
To avoid these types of hiring delays, FBI proceeded with its hiring 
activities based on a staffing plan supported by the President's Budget 
during the CR period in 2009. This helped FBI avoid a backlog in hiring 
later in the year and cumulatively over time. However, FBI assumed some 
risk that the regular appropriation for the year would not support the 
hiring plan. According to FBI officials, if the agency had not received 
a regular appropriation equal to or greater than the President's fiscal 
year 2009 budget request, it likely would have had to suspend hiring 
for the remainder of the fiscal year and make difficult cuts to other 
nonpersonnel expenses. 

In addition to delays in hiring, case study agencies also reported 
delaying contracts during the CR period. For example, VHA medical 
facilities did not start nonrecurring maintenance projects designed to 
improve and maintain the quality of VA Medical Centers (e.g., repairs 
to electrical or sewage systems) but instead waited until the agency 
received its regular appropriation to fund these projects. BOP reported 
that it frequently postponed awarding some contracts during a CR. For 
example, BOP reported delaying the activation of its Butner and Tucson 
Prison facilities and two other federal prisons in 2007 during the CR 
period to make $65.6 million in additional resources available for more 
immediate needs. According to BOP, delays resulting from CRs 
contributed to delays in the availability of additional prison capacity 
at a time when prison facilities were already overcrowded. A recent BOP 
study found that overcrowding is an important factor affecting the rate 
of serious inmate assault.[Footnote 14] As of July 9, 2009, BOP 
facilities were 37 percent over capacity systemwide. 

As a result of delaying contracts during CRs, officials from BOP, VHA, 
and VBA said that they sometimes had to solicit bids a second time or 
have environmental, architectural, or engineering analyses redone 
resulting in additional costs in time and resources for the agency. 
According to BOP, delaying contract awards for new BOP prisons and 
renovations to existing facilities prevented the agency from locking in 
prices and resulted in higher construction costs. Based on numbers 
provided by BOP, a delay in awarding a contract for the McDowell Prison 
Facility resulted in about $5.4 million in additional costs. However, 
in general, case study agencies were unable to provide documents 
confirming cost increases resulting from a CR. 

Some agency officials said that contracting delays resulting from 
longer CRs have also affected their ability to fully compete and award 
contracts in the limited time remaining in the fiscal year after the 
agency has received its regular appropriation. Federal law and 
regulations require federal contracts to be competed unless they fall 
under specific exceptions to full and open competition.[Footnote 15] 
Depending on the type of contract, to fully compete a contract an 
agency must solicit proposals from contractors, evaluate the proposals 
received, and negotiate and award the contract to the firm with the 
best proposal. BOP's Field Acquisition Office, which is responsible for 
acquisitions over $100,000, said that trying to complete all of its 
contracts by the end of the fiscal year when a CR lasts longer than 3 
to 4 months negatively affects the quality of competition. 

Longer CRs also have contributed to distortions in agencies' spending, 
adding to the rush to obligate funds late in the fiscal year before 
they expire. For example, VHA reported that it has often delayed 
contracts for nonrecurring maintenance projects, as described above, 
until the agency receives its regular appropriation. Although other 
factors contributed to delays, in 2006 VHA obligated 60 percent (about 
$248 million) of its $424 million nonrecurring maintenance budget in 
September, the last month of the fiscal year.[Footnote 16] 

Officials from ACF and VHA said that, in general, most of the 
discretionary grants that they award are not delayed by shorter-term 
CRs because these grants are typically awarded later in the fiscal year 
after the agencies have received their regular appropriation. However, 
an ACF official said that lengthy CR periods--particularly those that 
extend beyond mid-February, like the ones that ACF operated under in 
2003 and 2009--delay discretionary grant announcements. The official 
said the delay causes a shift in the grant cycles, pushing back the 
application review period, which in turn pushes back the final award 
date. 

A longer CR period also may compress the application time available for 
discretionary grants. For example, VHA reported that CR periods that 
extend several months into the fiscal year have delayed notification to 
nonprofit, state, or local governments of possible grant opportunities 
for constructing, acquiring, or renovating housing and nursing home 
care for veterans. These delays reduce the time available for potential 
grant recipients to meet the program's application deadlines, which can 
affect the quality of applications submitted. The application time 
available for ACF's discretionary grants may also be compressed by a 
longer CR. We reviewed the application times for 277 grants awarded by 
four ACF discretionary grant programs between 2005 and 2008. We found 
that while application times varied considerably--from 13 to 89 days-- 
they were on average 11 days more in fiscal years when the agency's 
regular appropriation was enacted before the end of the first quarter 
than when the agency's appropriation was enacted in the second quarter. 
[Footnote 17] However, we could not isolate the effect on application 
times that resulted from a longer CR period from other factors. 

The effect of CRs on grants described by case study agencies was 
consistent with what we heard from departmental CFOs and others who 
participated in our panel discussion. Specifically, panel participants 
said that discretionary grant awards are generally put on hold at their 
departments during a CR to avoid having to solicit proposals multiple 
times. If the amount of funding provided by a formula grant is based on 
a certain percentage of the total amount appropriated, the grant may be 
delayed until the department has received its final funding. 

According to some representatives of nonprofit organizations and state 
and local governments, in the past, federal grant recipients have been 
able to temporarily support programs with funds from other sources 
until agencies' regular appropriations are passed; however, it is more 
difficult to do so during periods of economic downturn such as the one 
they are currently experiencing. An ACF official told us that nonprofit 
organizations providing shelter to unaccompanied alien children have 
used lines of credit to bridge gaps in federal funding during a CR. 
However, in March 2009, a shelter in Texas informed ACF's Office of 
Refugee Resettlement that its credit was at its limit and it was in 
immediate need of additional funds to sustain operations for the next 
45 to 60 days. The Office of Refugee Resettlement made an emergency 
grant to this organization to maintain operations with the CR funding 
remaining. 

In addition to the delays described above, some agency officials told 
us that they delayed making program enhancements because of funding 
constraints related to the CR. For example, FBI officials said that 
over $440 million in enhancements to existing programs and activities 
were delayed in 2009 because the CR instructs agencies to implement 
only the most limited funding actions to continue operating at the 
enacted rate. These include improvements to the Data Loading and 
Analysis System, which FBI said was designed to improve its ability to 
analyze and share data for counterterrorism, counterintelligence, and 
cyber intrusion investigations. 

All Case Study Agencies Reported That CRs Increased Workload: 

In addition to delays, all case study agencies reported having to 
perform additional work to manage within the constraints of the CR. The 
most common type of additional work that agencies reported was having 
to enter into new contracts or exercise contract options to reflect the 
duration of the CR. Agencies often made contract awards monthly or in 
direct proportion to the amount and timing of funds provided by the CR. 
In other words, if a CR lasted 30 days, an agency would award a 30-day 
contract for goods or services. Then, each time legislation extended 
the CR, the agency would enter into another short-term contract to make 
use of the newly available funding. 

For example, a BOP-administered federal prison contracted for an 
optometrist to provide care for the period between October 1, 2007, and 
November 16, 2007, the dates of the initial CR in 2008. When the CR was 
extended, the prison awarded a second contract to the optometrist 
covering November 19, 2007, to December 14, 2007, and a third contract 
covering December 17, 2007, to December 21, 2007, roughly corresponding 
to the duration of the CRs in that fiscal year. The prison also entered 
into contracts for medical services, fuel and utility purchases, and 
program services such as parenting instructions in a similar manner 
during CR periods. According to BOP officials, these contracts would 
have been awarded for the entire fiscal year had there not been a CR. 
BOP said that personnel perform this type of additional work at each of 
BOP's 115 institutions to manage funds during a CR. 

Other case study agencies reported similar experiences. FBI reported 
that it undertakes contract actions, including renewals and options, at 
a specific percentage based on the rate for operations for the period 
covered by the CR. For example, during the CR in 2009 that covered 43 
percent of the fiscal year, FBI said it executed no more than 40 
percent of the value of contract renewals. The FBI adjusts over 7,550 
purchase orders each time a CR is extended. VHA reported that to 
conserve funding, the agency enters into contracts that run month to 
month or the length of the CR rather than annual contracts covering the 
agency's needs for the entire fiscal year. Also, VHA's 153 medical 
facilities and roughly 800 clinics order supplies to maintain only the 
minimum levels needed. Agency officials said that if the agencies had 
received their regular appropriations at the start of the fiscal year, 
they would have entered into fewer contracts for longer periods of 
performance or placed purchase orders less frequently, making this 
additional work unnecessary. 

In general, shorter and more numerous CRs led to more repetitive work 
for agencies managing contracts than longer CRs did. Numerous shorter 
CRs were particularly challenging for agencies, such as VHA and BOP, 
that have to maintain an inventory of food, medicine, and other 
essential supplies. For example, under longer CRs--or with their 
regular appropriation--BOP officials said that prison facilities 
routinely contract for a 60-to 90-day supply of food. In addition to 
reducing work, this allows the prison facilities to negotiate better 
terms through a delivery order contract by taking advantage of 
economies of scale. However, under shorter CRs, these facilities 
generally limit their purchases to correspond with the length and 
funding provided by the CR. Thus, the prison makes smaller, more 
frequent purchases, which BOP officials said can result in increased 
costs. 

To reduce some of the additional work required to manage contracts in 
years when there are multiple CRs, FBI changed its requisition process 
to reduce the amount of work its Finance Division spends creating 
requisitions for contracts when a CR is extended (see figure 4). 

Figure 4: FBI Streamlined Its Requisition Process during a CR: 

[REfer to PDF for image: text box] 

FBI generally enters into contracts based on the rate for operations 
for the period covered by the CR. Previously, each time Congress 
extended a CR, FBI renewed its contracts to make use of the additional 
funds that became available, and FBI's Finance Division provided a 
requisition for the renewal. Under FBI's new streamlined process, at 
the beginning of the fiscal year, the Finance Division commits enough 
funds to cover a full-year contract, thus relieving FBI of the need to 
create a new requisition for each renewal every time a CR is extended. 

Source: GAO analysis. 

[End of figure] 

CRs had a similar effect on grant awards. Officials from ACF said that 
they issue multiple grants to the same grant recipient during the CR 
period instead of making annual or quarterly awards, resulting in 
additional work for program managers and/or personnel in the Office of 
Grants Management.[Footnote 18] For example, a Head Start official said 
that if the program received its regular appropriation at the start of 
the fiscal year, it would likely be able to fund more grant recipients 
with a single award covering a 12-month period. However, during a CR, 
Head Start receives funding based on the duration of the CR, and the 
amount is usually not sufficient to fund all grant recipients for a 
full year. Rather than delay any individual grants, a Head Start 
official said that the program has provided some of its grant 
recipients with a smaller, initial award during the CR period. Then, 
once the regular appropriation was enacted, Head Start awarded an 
additional grant to the same recipient, providing the remainder of 
their annual funding. A Head Start official estimated that issuing an 
additional grant to the same recipient could take as much as 1 hour per 
award. The longer the CR period lasts, a Head Start official said, the 
greater the number of grants they have to award and thus the greater 
the workload increase. 

We examined data from ACF's Grants Administration, Tracking and 
Evaluation System. Though we could not establish a clear causal link 
between CRs and specific instances where a grant recipient received 
multiple awards, we found that in 2008, 185 (about 35 percent) of Head 
Start Project grants administered to recipients through Head Start's 10 
regional offices received a grant during the CR period and a second 
grant award shortly after ACF's regular appropriation for the year was 
enacted.[Footnote 19] For example, one childhood development center 
received a grant for roughly $1.1 million on December 10, 2007, while 
ACF was operating under a CR, and a second grant for roughly $1.7 
million 51 days later, after ACF's regular appropriation was enacted. 

To reduce the amount of additional work required to modify contracts 
and award grants in multiple installments, two case study agencies 
reported shifting contract and grant cycles to later in the fiscal year 
(see figure 5). An agency's ability to shift its contract cycle depends 
on a number of factors, including the type of services being acquired. 
The Federal Acquisition Streamlining Act of 1994 allows agencies to 
enter into 1-year contracts for severable services that cross fiscal 
years, so long as the contract period does not exceed 1 year and 
agencies have sufficient funds to enter into the annual contract. 
Severable service contracts are for services, such as janitorial 
services, that are recurring in nature. Using this contract 
flexibility, an agency can shift its contract cycle so that annual 
contracts for severable services are executed in the third and fourth 
quarters of the fiscal year when agencies are less likely to be under a 
CR. 

Figure 5: Agencies Shifted Contract and Grant Cycles: 

[Refer to PDF for image: text box] 

Two case study agencies said they had shifted their contracts and grant 
cycles later in the year to avoid having to delay awards or make 
multiple, smaller awards during the CR period. FDA reported that over 
the past several years it has shifted from awarding most of its 
contract and grant awards at the beginning of the fiscal year to 
awarding them later in the fiscal year and having them run across 
fiscal years (e.g., from January to January). Similarly, an ACF 
official who administers the Assets for Independence (AFI) program-- 
which helps low-income households save earned income in special- 
purpose, matched savings accounts--said that AFI has scheduled grant 
awards and new contracts in the second half of the year to reduce the 
amount of administrative work that the agency performs during a CR. 

Source: GAO analysis. 

[End of figure] 

However, some agencies' ability to shift their contract cycle to 
mitigate the effects of CRs was limited. A VHA official, for example, 
said that the agency's contract workload is so large that it is 
difficult for the agency to delay work on certain contracts for even 
short periods of time. VHA officials also said that the agency makes 
acquisitions based on immediate needs identified by officials in the 
field rather than centrally managing the timing of contracts. 

All agencies also reported having to perform a variety of 
administrative tasks multiple times that they would otherwise not have 
done or would have needed to do only once had they received their 
regular appropriation on October 1ST. For example, FDA reported that 
CRs increased the amount of administrative work required to allot 
funds. Agencies generally subdivide the funds that they are apportioned 
by OMB into allotments, which are distributed to different offices and/ 
or programs within the agency. FDA typically makes allotments from its 
total apportioned funds to each of the agency's six centers. When FDA 
receives its regular appropriation, it generally makes these allotments 
on a quarterly basis. But when it is operating under a CR, FDA 
officials reported that the agency has made allotments for each CR. 
Conversely, VBA and VHA reported that they did not allot specific 
dollar amounts during a CR but rather provided guidance that all 
offices operate at a certain percentage of the previous year's 
appropriations (see figure 6). 

Figure 6: Practice Used to Streamline VA's Allotment Process during a 
CR: 

[Refer to PDF for image: text box] 

During a CR, VA's Central Office provides broad funding guidance to its 
components, including VBA and VHA, rather than allotting funds through 
its financial management system. According to agency officials, this 
provides the agency with more flexibility during the CR period and 
reduces the workload associated with changes in funding levels. VHA 
officials said that this also allows each facility to manage its funds 
to meet priorities identified at the local level. Agencies monitor the 
spending levels to ensure that the amount obligated does not exceed the 
funding available to each organization. 

Source: GAO analysis. 

[End of figure] 

The types of administrative tasks affected by CRs varied by agency but 
included the following: 

* issuing guidance to various programs and offices; 

* providing information to Congress and OMB; 

* creating, disseminating, and revising spending plans; and: 

* responding to questions and requests for additional funding above 
what the agency allotted to different programs or offices within the 
agency. 

Departmental CFOs and others who participated in our panel discussion 
said that CRs led to similar repetitive work activities at their 
agencies. 

While case study agencies all agreed that performing repetitive 
activities involved additional time and resources--potentially 
resulting in hundreds of hours of lost productivity--none of the 
agencies reported tracking these costs. The time needed to enter into a 
contract or issue a grant award may be minimal and vary depending on 
the complexity of the contract or grant, but the time spent is 
meaningful when multiplied across VHA's 153 medical facilities and 
roughly 800 clinics, FBI's 56 field offices, BOP's 115 institutions, 
and the thousands of grants and contracts awarded by our case study 
agencies. VHA, for example, estimated that it awards 20,000 to 30,000 
contracts a year; ACF's Head Start program awards grants to over 1,600 
different recipients each year; and FBI places over 7,500 different 
purchase orders a year. Some agencies provided estimates of the 
additional or lost production costs at our request for selected work 
activities for illustrative purposes. These estimates are based on 
agency officials' rough approximations of the hours spent on specific 
activities related to CRs. In the case of VHA, the estimate is based on 
the number of employees performing the tasks multiplied by the average 
monthly salary. 

* VHA estimated that a 1-month CR results in over $1 million in lost 
productivity at VA medical facilities and over $140,000 in additional 
work for the agency's central contracting office. The agency operated 
under a CR for more than 2 months per year on average between 1999 and 
2009. 

* FBI estimated that the Accounting, Budget, and Procurement Sections 
spent over 600 hours in 2009 on activities related to managing during 
the CR such as weekly planning meetings and monitoring agency resources 
and requisitions.[Footnote 20] 

* ACF estimated that approximately 80 hours of additional staff time is 
spent for each CR by the ACF's Division of Budget and program offices 
issuing guidance, allotting funds, creating and revising spending 
tables, and performing other administrative tasks.[Footnote 21] In 
addition, ACF officials estimated that issuing block grant awards 
multiple times in a single quarter led to approximately 10 additional 
staff days of work preparing and verifying allocations for grant 
recipients and preparing the award notices for mailing. 

We did not independently verify these estimates or assess their 
reliability beyond a reasonableness check, which involved reviewing the 
related documentation for each estimate and corroborating with related 
interviews and other documents where possible. Moreover, agencies were 
not able to identify specific activities that were foregone because of 
the CR. 

Operating under CRs for a Prolonged Period Limited Some Agencies' 
Decision-making Options: 

While some agency officials said that a single, long-term CR allowed 
for better planning in the near term, reducing delays and the amount of 
repetitive work, others said that operating under the specified rate 
for operations for a prolonged period limited their decision-making 
options, making trade-offs more difficult. For example, FBI officials 
reported that the number of contract requests that it receives to 
address emergency situations increases the longer the CR period lasts. 
As a result, FBI often has to reprioritize funds from other operations 
to fund these contracts, placing a strain on agency operations. Also, 
agency officials said that if the agency is unable to spend its funding 
on high-priority needs, such as hiring new staff, because of the 
limited time available after a lengthy CR, it ultimately will spend 
funds on a lower priority item that can be procured quickly. 

Some agency officials said that it was difficult to implement 
unexpected changes in their regular appropriations, including both 
funding increases and decreases, in the limited time available after 
longer CRs. For example, officials from ACF's Office of Community 
Services said they made cuts to planned expenditures for training and 
technical assistance in 2009 to adjust to an unexpected funding 
directive for a national initiative on community economic development 
training and capacity development. Officials from FBI's Criminal 
Investigative Division said that while funding increases were 
beneficial, receiving them in their regular appropriation after a 
longer CR period limited the division's ability to review new contract 
requests and make the most effective decisions. The Criminal 
Investigative Division received additional funding in 2009 for mortgage 
fraud investigations in its regular appropriation enacted on March 11. 
According to FBI officials, the usual budget and planning cycle, which 
can take several months, had be completed in just 6 weeks to meet the 
deadline that FBI has established for completing all of its large 
dollar contracts by the end of the fiscal year. 

In addition, some agency officials reported that absorbing the 
increased personnel costs in years when the CR period extends into 
January creates additional challenges, particularly if personnel costs 
represent a large share of their total budget. This is because most 
federal civilian employees receive an annual pay adjustment effective 
in January of each year. Since 1999, the CR period has extended into 
January four times, and the cost of the salary increase has ranged from 
1.7 percent to 4.1 percent (see table 1). 

Table 1: Annual Salary Increases for Federal Employees for Years in 
Which the CR Extended Beyond the First Quarter: 

Fiscal year: 2003; 
Percent increase: 4.1; 
Date by which all regular appropriation acts were enacted: 2/20/2003. 

Fiscal year: 2004; 
Percent increase: 4.1; 
Date by which all regular appropriation acts were enacted: 1/23/2004. 

Fiscal year: 2007[A]; 
Percent increase: 1.7; 
Date by which all regular appropriation acts were enacted: 2/15/2007. 

Fiscal year: 2009; 
Percent increase: 3.9; 
Date by which all regular appropriation acts were enacted: 3/11/2009. 

Source: Federal Register. 

[A] The full-year CR enacted on February 15, 2007, provided funds to 
applicable agencies for the remainder of the fiscal year and provided 
50 percent of the cost of an increase in rates of pay. 

[End of table] 

To the extent an agency's regular appropriations were constant or 
declined from the previous year, these costs would need to be absorbed 
by the agency or program regardless of CRs. However, for those agencies 
that ultimately receive a funding increase, absorbing the annual salary 
increase may strain already tight budgets during the CR period. For 
example, BOP reported that approximately 70 percent of operating 
budgets at BOP institutions are devoted to personnel costs. The 3.9 
percent statutory salary increase for 2009 contributed to a $7.8 
million increase in payroll requirements between December 2008 and 
January 2009. Departmental CFOs and others who participated in our 
panel discussion said that agencies across the federal government have 
to reduce funding for other needs, such as hiring and training, to pay 
for statutory salary increases. 

Multiyear Appropriations and Exception Apportionments When Granted 
Helped Agencies Manage during CRs: 

In addition to the anomalies previously described, multiyear 
appropriations or exception apportionments when granted helped to 
mitigate the effects of CRs at case study agencies. Officials from 
three agencies that we reviewed said that having multiyear budget 
authority--funds that are available for more than one fiscal year--was 
helpful for managing funds in the compressed time period after regular 
appropriations were enacted. For example, both VBA and VHA said that 
having the authority to carry over funds into the next fiscal year has 
been helpful in years with lengthy CRs because there is less pressure 
to obligate all of their funds before the end of the fiscal year, thus 
reducing the incentive to spend funds on lower priority items that can 
be procured more quickly. FBI also has authority to carry over a 
limited amount of funds into the subsequent fiscal year, and officials 
from FBI's central budget office said this was helpful during a CR. 

OMB has also helped agencies manage during a CR by providing more than 
the automatic apportionment when justified. While OMB automatically 
apportions funds to agencies based upon the lower of the percentage of 
the year covered by the CR or the seasonal rate of obligations for that 
same time period, OMB recognizes that some programs may need more of 
their appropriation available at the beginning of the fiscal year 
during a CR period. OMB will adjust the apportionment upward in some 
cases, but these are rare exceptions according to OMB staff. 

Two of our case study agencies--VHA and ACF--received exception 
apportionments during the study period--fiscal years 1999 to 2009. OMB 
apportioned funding for VHA's medical administration account to reflect 
its seasonal rate of obligations during the CR period in 2008. 
According to ACF officials, between 2003 and 2008, OMB also apportioned 
ACF's LIHEAP funding based upon its seasonal rate of obligations during 
the CR period.[Footnote 22] The exception apportionment allowed ACF to 
obligate the bulk of the funds in the first quarter when heating 
assistance is most needed. Officials from the remaining four case study 
agencies--BOP, FBI, FDA, and VBA--said these agencies operated with the 
automatically apportioned amount during CR periods since fiscal year 
1999. 

Concluding Observations: 

The federal budget is an inherently political process in which Congress 
annually faces difficult decisions on what to fund among competing 
priorities and interests. CRs enable federal agencies to continue 
carrying out their missions and delivering services until agreement is 
reached on their regular appropriations. While not ideal, CRs continue 
to be a common feature of the annual appropriations process. They 
provide parties additional time for deliberation and avoid gaps in 
funding. Agencies have experience managing programs within the funding 
constraints and uncertainty of CRs and use methods within their 
available authorities. However, there is no easy way to avoid or 
completely mitigate the effects of CRs on agency operations. 

The degree of difficulty that case study agencies encountered in 
managing under a CR varied, but all of the agencies that we reviewed 
expressed similar concerns about CRs and their effects on their ability 
to carry out their work efficiently and effectively. These concerns 
included the need for repetitive activities and incremental planning. 
Agencies reported that CRs inhibited them from hiring staff and 
providing a higher level of service than if they were operating under a 
regular appropriation. When the CR period is long, the time for 
planning and program execution is compressed, which can be especially 
challenging when trying to implement new programs or program 
enhancements. Although we cannot say that the case studies represent 
the experiences of all federal agencies, there is nothing that suggests 
they are atypical. Case study examples cross program types and 
activities and are consistent with the views of our panel of CFOs and 
other budget officials. Therefore, we believe that the experiences of 
these six agencies provide useful insights for Congress about agency 
operations under CRs. 

Agency Comments: 

We requested comments on a draft of this report from the Departments of 
Health and Human Services, Justice, and Veterans Affairs. The 
departments provided comments that were clarifying or technical in 
nature and we incorporated them as appropriate. 

As we agreed with your office, unless you publicly announce the 
contents of this report earlier, we plan no further distribution of it 
until 30 days from the date of this letter. At that time, we will send 
copies to the Secretary of Health and Human Services, the Attorney 
General, the Secretary of Veterans Affairs, and interested 
congressional committees. This report will also be available at no 
charge on the GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact Denise M. Fantone at (202) 512-6806 or fantoned@gao.gov or 
Susan A. Poling at (202) 512-2667 or polings@gao.gov. Contact points 
for our Offices of Congressional Relations and Public Affairs may be 
found on the last page of this report. Key contributors to this report 
are listed in appendix III. 

Sincerely yours, 

Signed by: 

Denise M. Fantone: 
Director, Strategic Issues: 

Signed by: 

Susan A. Poling: 
Managing Associate General Counsel: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

The objectives of this report are to describe: 

1. the history and characteristics of continuing resolutions (CR), and: 

2. for selected case study agencies, how CRs have affected agency 
operations and what actions have been taken to mitigate the effects of 
CRs. 

Analysis of CR Provisions: 

To achieve our first objective, we analyzed how provisions in CRs 
enacted from fiscal years 1999-2009[Footnote 23] direct agencies to 
operate during the CR period and how the provisions changed over time. 
Our analysis also covered the number and type of provisions in CRs that 
provided specific directives or funding levels to particular 
departments, agencies, and programs for the CR period. We refer to 
these provisions in the report as "legislative anomalies." 

Case Study Selection: 

To achieve our second objective, we conducted a case study review 
analyzing the effects of CRs on select agency operations. In selecting 
case study agencies, we focused on agencies with (1) extensive 
experience managing under CRs to facilitate identification of key 
practices and (2) a broad range of program types, service delivery 
mechanisms, and operational capabilities to make the findings more 
useful to agencies across government. Based on the process described 
below, we selected the following departments and agencies: 

Department of Health and Human Services (HHS): 

* Administration for Children and Families (ACF): 

* Food and Drug Administration (FDA): 

Department of Veterans Affairs (VA): 

* Veterans Health Administration (VHA): 

* Veterans Benefits Administration (VBA): 

Department of Justice (DOJ): 

* Bureau of Prisons (BOP): 

* Federal Bureau of Investigation (FBI): 

We used a multistep process to select these departments and agencies. 
We convened a panel of Chief Financial Officers (CFO) or their 
representatives from major cabinet-level departments in part to help us 
identify criteria for case study selection. Eleven of the 15 cabinet- 
level agencies were represented in our panel, including CFOs, deputy 
CFOs, and budget directors from the departments of Education, Energy, 
Homeland Security, Housing and Urban Development (HUD), Interior, 
Justice, Labor, State, Transportation, Treasury,[Footnote 24] and 
Veterans Affairs. The panel was specifically asked to identify (1) 
factors that may make it more or less difficult to manage under a CR, 
(2) the activities most affected, and (3) strategies agencies use for 
managing under CRs. The programs, activities, and other factors 
identified by our panel that may make it more or less difficult to make 
trade-offs in a CR environment were considered in our case study 
selection. 

To begin the selection process, we first analyzed the amount of time 
departments, covered by different appropriations acts, operated under 
CRs during fiscal years 1999-2008. We calculated the time between the 
beginning of the fiscal year--October 1--and the date when the regular 
appropriations were enacted for each appropriations subcommitee. We 
then selected departments (based upon the jurisdiction of each 
subcommittee) that were under a CR for more than the average of 847 
days over the past 10 years (see table 2).[Footnote 25] 

Table 2: Appropriations Acts under a Continuing Resolution for More 
than the Average of 847 Days during Fiscal Years 1999 and 2008: 

1; Appropriations act: Labor/Education/HHS; 
Days under CR: 1125. 

2; Appropriations act: Commerce/Justice; 
Days under CR: 1044. 

3; Appropriations act: State; 
Days under CR: 1044. 

4; Appropriations act: Foreign Operations; 
Days under CR: 1034. 

5; Appropriations act: District of Columbia; 
Days under CR: 995. 

6; Appropriations act: Treasury; 
Days under CR: 977. 

7; Appropriations act: Transportation; 
Days under CR: 962. 

8; Appropriations act: HUD; 
Days under CR: 955. 

9; Appropriations act: VA; 
Days under CR: 955. 

10; Appropriations act: Agriculture; 
Days under CR: 940. 

Source: GAO analysis of appropriation acts. 

Notes: These numbers have been adjusted for changes in subcommittee 
jurisdiction. 

[End of table] 

Next, we eliminated from further consideration the District of Columbia 
because it receives significant amounts of funding outside of the 
regular appropriations process that may have mitigated the effect of 
CRs on its operations.[Footnote 26] We also eliminated the Department 
of State because it received 10 percent or more of its funding from 
fiscal years 1999-2006 from supplemental appropriations.[Footnote 27] 

Third, to better understand the range of issues raised by CRs across 
government, we examined departments within the remaining appropriations 
subcommittees with the intent of selecting departments that provide 
services in different ways (e.g., directly by federal personnel, 
through contracts or grants to third parties, and through the use of 
federal facilities). We analyzed obligations of the remaining 
departments based on the following four budget object class categories 
that were used as proxies for different types of service delivery: 

* Personnel, Compensation, and Benefits (employee salaries and 
benefits); 

* Contractual Services and Supplies (rent, services, supplies and 
materials); 

* Grants and Fixed Charges (grants, insurance, and interest); and: 

* Acquisition of Assets (equipment, land and structures, investments, 
and loans). 

To maximize the usefulness of each department selected for review and 
to minimize any limitations of object class data, we selected 
departments that appeared in the top three for more than one object 
class.[Footnote 28] Based on this analysis, the following departments 
were selected: 

* VA (personnel, contractual services and acquisition); 

* DOJ (personnel, acquisition); and: 

* HHS (contractual services, grants). 

Fourth, we selected two agencies for review within each of these 
departments (see table 3) based on a set of criteria that were 
developed in part from previous GAO work and what we heard from CFOs 
and others who participated in our panel discussion. These criteria 
included the number of accounts, the amount of multiyear funding, 
whether the appropriation provided a lump sum, and whether the agency 
had transfer authority. We also reviewed budget data to see if any of 
the selected agencies received a significant amount of their resources 
(defined for our purposes as 10 percent or more) from offsetting 
collections, which are treated differently in the regular 
appropriations process. We reviewed the 2008 appropriation acts for 
selected agencies with the goal of having representation from one or 
more case study agency for each of the criteria. We analyzed data at 
the account level, and if more than one-half of an agency's accounts 
met the criteria, then the agency was considered for review. 

We focused our analysis primarily on discretionary funding because 
funding for mandatory accounts occurs outside of the annual 
appropriations process and therefore is not directly affected by CRs. 
However, we included VBA because we sought to include at least one 
agency responsible for administering mandatory benefits with 
discretionary funds. 

To analyze the service mechanisms that agencies use to achieve their 
missions, we examined object class data, program activities, and 
agencies' descriptions of their programs. If we found that one of the 
service mechanisms or factors affecting an agency's flexibility in 
obligating funds was not included, we examined other agencies with 
large discretionary accounts in each department to see if they could 
make up for the deficiency. We continued this process until we selected 
agencies that covered a variety of budget flexibilities and ways to 
deliver services. 

Table 3 shows the agencies selected for review and how long they 
operated under CRs from 1999 to 2008. 

Table 3: Days Case Study Agencies Operated under a CR, Fiscal Years 
1999-2008: 

Case study agency: BOP and FBI; 
1999: 20; 
2000: 59; 
2001: 81; 
2002: 58; 
2003: 142; 
2004: 114; 
2005: 68; 
2006: 52; 
2007[C]: 137; 
2008: 86; 
Average[C]: 82. 

Case study agency: ACF[A]; 
1999: 20; 
2000: 59; 
2001: 81; 
2002: 101; 
2003: 142; 
2004: 114; 
2005: 68; 
2006: 90; 
2007[C]: 137; 
2008: 86; 
Average[C]: 90. 

Case study agency: FDA[B]; 
1999: 20; 
2000: 21; 
2001: 27; 
2002: 58; 
2003: 142; 
2004: 114; 
2005: 68; 
2006: 40; 
2007[C]: 137; 
2008: 86; 
Average[C]: 71. 

Case study agency: VBA and VHA; 
1999: 20; 
2000: 19; 
2001: 26; 
2002: 56; 
2003: 142; 
2004: 114; 
2005: 68; 
2006: 60; 
2007[C]: 137; 
2008: 86; 
Average[C]: 73. 

Case study agency: Case study average; 
1999: 20; 
2000: 40; 
2001: 54; 
2002: 68; 
2003: 142; 
2004: 114; 
2005: 68; 
2006: 61; 
2007[C]: 137; 
2008: 86; 
Average[C]: n/a. 

Source: GAO. 

[A] ACF receives its annual appropriations through the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act. 

[B] FDA receives its annual appropriations through the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act. 

[C] Excludes the final CR of fiscal year 2007, which provided funding 
to agencies for the remainder of the year. 

[End of table] 

Overall, our six case study agencies received more than $46 billion in 
discretionary budget authority in 2007, accounting for approximately 10 
percent of all nondefense discretionary spending. All three of our case 
study departments were in the top 10 in federal contract dollars by 
executive department and independent agencies in 2006, and accounted 
for approximately 22 percent of all nondefense federal contract 
dollars. The HHS grant portfolio is the largest in the federal 
government, with approximately 60 percent of the federal government's 
grant dollars. 

Data Collection: 

To obtain a range of perspectives, we conducted semistructured 
interviews with officials at each department-level budget office, each 
agency's budget office, and at least one program office in each agency. 
We discussed the effects of CRs on different types of programs and 
activities within these agencies. We asked agency officials to 
demonstrate the effects of regular appropriations being enacted after 
the start of the fiscal year and to distinguish the effects of the CR 
versus other possible causes (e.g., level of funding, changes in 
workload). 

We provided each agency a standard request for information on budget 
resources, activities associated with CRs, and planning documents among 
other things. To provide illustrative examples of the types of costs 
associated with CRs, we also asked for estimates of the resources 
needed to perform certain activities or to provide services (e.g., 
time, average cost of staff days) associated with CRs. In one instance, 
BOP provided the approximate cost of delays in awarding a contract for 
a new prison facility, but overall, agencies reported that they do not 
track these costs. However, they did provide their best estimates at 
our request. We have not independently verified these estimates or 
assessed the estimates for reliability beyond a reasonableness check 
but include them for illustrative purposes. Our check involved 
reviewing the related documentation for each estimate and corroborating 
the estimate with related interviews and other documents where 
possible. 

One of the limitations of our case study analysis is that we had to 
rely to a large degree on testimonial evidence because case study 
agencies could not provide documentation showing the foregone 
opportunities resulting from a CR. In general, agencies do not produce 
planning documents--such as spending plans or monthly hiring targets-- 
until they have received their regular appropriations. Aside from VA, 
all case study agencies have operated under a CR for each of the past 
11 years and therefore could only speculate on how they would have 
operated differently or more efficiently, except anecdotally. In 
general, there were too many variables for agencies to isolate the 
effects of CRs from other factors. 

Selected case studies cannot be generalized, but similarities in agency 
officials' accounts of operating under CRs suggest that there are broad-
based commonalities in the experiences of federal agencies. When 
possible, we incorporated statements made by CFOs and others who 
participated in our panel discussion into our case study review 
questions and discussions with officials at case study agencies to 
better understand whether the effects of CRs described by case study 
agencies were similar to those made by our panel. 

To better understand the potential effects of CRs on entities receiving 
federal funding, we interviewed officials representing states and 
contractors, including the National Association of State Budget 
Officers, National Conference of State Legislatures, Federal Funds 
Information for States, one state budget officer, the Professional 
Services Council, and Logistics Management Institute Government 
Consulting. In addition, ACF also provided us with information that it 
received from some grant recipients regarding difficulties managing 
programs during CRs. 

We conducted this performance audit from September 2008 to September 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Additional Information on Provisions and Funding Provided 
in Continuing Resolutions: 

Since 1999, continuing resolutions (CR) have contained the same nine 
standard provisions that govern most agencies, programs, and activities 
covered by the CR. Two new standard provisions were added during this 
time period, the appropriated entitlement provision and the furlough 
restriction. These standard provisions are listed and described in 
table 4.[Footnote 29] 

Table 4: Standard CR Provisions: 

Provision: Rate for Operations; 
Description: Appropriates amounts necessary to continue projects and 
activities that were conducted in the prior fiscal year at a specific 
rate for operations. 

Provision: Extent and Manner; 
Description: Incorporates restrictions from prior year's appropriations 
acts or the acts currently under consideration. 

Provision: No New Starts; 
Description: Amounts appropriated under a CR are not available to 
initiate or resume projects or activities for which appropriations, 
funds, or authority were not available during the prior fiscal year. 

Provision: Coverage of CR Obligations; 
Description: Appropriations made available under the CR shall remain 
available to cover all properly incurred obligations and expenditures 
during the CR period. 

Provision: Adjustment of Accounts; 
Description: Expenditures made during the CR period are to be charged 
against applicable appropriations acts once they are finally enacted. 

Provision: Apportionment Timing; 
Description: Apportionment time requirements under 31 U.S.C. § 1513 are 
suspended during the CR period but appropriations provided under a CR 
must still be apportioned to comply with the Antideficiency Act and 
other federal laws. 

Provision: High Rate of Operations; 
Description: Programs or activities with a high rate of obligation or 
complete distribution of appropriations at the beginning of the prior 
fiscal year shall not follow the same pattern of obligation nor should 
any obligations be made that would impinge upon final funding 
prerogatives. 

Provision: Limited Funding Actions; 
Description: Agencies are directed to implement only the most limited 
funding action to continue operations at the enacted rate. 

Provision: Appropriated Entitlements; 
Description: Authorizes entitlements and other mandatory payments whose 
budget authority was provided in the prior year appropriations acts to 
continue at a rate to maintain program levels under current law (or to 
operate at present year levels). Amounts available for payments due on 
or about the first of each month after October are to continue to be 
made 30 days after the termination date of the CR. 

Provision: Furlough Restriction; 
Description: Authorizes the Office of Management and Budget (OMB) and 
other authorized government officials to apportion up to the full 
amount of the rate for operations to avoid a furlough of civilian 
employees. This authority may not be used until after an agency has 
taken all necessary action to defer or reduce nonpersonnel-related 
administrative expenses. 

Provision: Termination Date; 
Description: Date on which the CR expires. Usually based on the earlier 
of a specific date or the enactment of the annual appropriations acts. 

Source: GAO. 

[End of table] 

CRs are often described as continuing projects and activities at the 
previous year's level, but this is not always the case. The amount 
provided by a CR often is based on the prior fiscal year's funding 
level or the "current rate" but may also be based on other documents 
that reflect Congress' or the Administration's more current positions 
on funding and operations of federal agencies and programs. The amount 
provided is sometimes based on an appropriations bill that has passed 
both the House and the Senate but has not been signed by the President 
or other legislative or executive documents such as a conference report 
or the President's budget request. Often the CR will enact a rate equal 
to the lower of the "current rate" or not to exceed the current rate 
and an amount provided for in a bill, the budget request, or some other 
legislative document. 

A CR will appropriate "such amounts as may be necessary" for continuing 
"projects or activities" that were conducted in the previous fiscal 
year at a specified rate for operations. For purposes of determining 
which government programs are covered by the resolution, the term 
"project or activity" refers to the total appropriation rather than the 
specific project or activities as provided by the President's budget 
request or a committee report. If an agency is operating at a rate 
based upon the prior year's funding level, or the current rate, during 
a CR period, the agency is operating within the limits of the 
resolution so long as the total of obligations under the appropriation 
does not exceed the level enacted in the prior year. Below we describe 
the differences in the various rates for operations and other 
considerations when determining the enacted rate. 

Current Rate: 

"Current rate" as used in a CR refers to the total amount of budget 
authority that was available for obligation for a project or activity 
during the fiscal year immediately prior to the one for which the CR is 
enacted. In general, the current rate refers to a sum of money rather 
than a program level. Thus, the amount of money available under the CR 
will be limited by that rate, even though an agency's workload and 
program needs may increase. 

To determine the amount available under the current rate, it is 
necessary to determine whether the appropriation is a 1-year, multiple- 
year, or no-year appropriation. For programs and activities funded 
through a 1-year appropriation in prior years, the current rate is 
equal to the total funds appropriated for the program for the previous 
year.[Footnote 30] In those instances in which the program has been 
funded by multiple-year or no-year appropriations in prior years, the 
current rate is equal to the total funds appropriated for the previous 
fiscal year plus any unobligated budget authority carried over into 
that year from prior years.[Footnote 31] 

Rate Not Exceeding the Current Rate: 

When the CR appropriates funds to continue an activity at a rate for 
operations "not exceeding the current rate" or "not in excess of the 
current rate" the project or activity has no more funds than it had 
available for obligation in the prior fiscal year. Thus, if the 
appropriation is multiple-year or no-year funding, any unobligated 
balance carried over into the CR period must be deducted from the 
current rate in determining the amount of funds appropriated by the CR. 
If this were not done, the project or activity would be funded at a 
higher level in the present year than it was in the prior year. 

Other Rates for Operations: 

The CR may also appropriate funds to continue a project or activity at 
a rate for operations in reference to legislative documents, such as 
House, Senate, or Conference Reports, or executive documents, such as 
the President's budget request. Often, the CR will provide for the 
possibility of several rates for operations depending upon where the 
appropriations bill is in the legislative process at the beginning of 
the fiscal year. In such cases, for each appropriation account, the 
agency must compare the amounts referenced in the CR to determine the 
enacted rate for that particular account. 

The rate for operations specified in the CR, regardless of whether it 
is the current rate or based on another amount in a legislative 
document, is an annual amount. The continuing resolution, whether 
lasting 1 day or 1 month, appropriates this full amount. As such, an 
agency may legally follow any pattern of obligating funds, so long as 
it is operating under a plan which enables continuation of activities 
through the fiscal year within the limits of that annual amount and is 
consistent with other provisions of the CR.[Footnote 32] Under this 
principle, when operating under a CR which appropriates funds at the 
current rate, an agency is not necessarily limited to incurring 
obligations at the same rate it incurred them in the corresponding time 
period of the preceding year. Instead the pattern must reflect an 
operation that could continue activities for the fiscal year at the 
limits of the amounts appropriated in the previous year. OMB's 
apportionment of the appropriation will also affect the availability of 
the appropriation for obligation. 

Determining the Amounts Available for Operations: 

Because the rate for operations changes from year to year, it is 
necessary to examine the language of the CR very carefully to identify 
the formula that has been provided for determining amounts available 
during the CR period. It may be necessary to examine documents other 
than the CR itself. Often, different appropriations accounts will be 
operating at different rates depending upon the status of the 
appropriations bill. The following two examples illustrate different 
rates for operations enacted in the standard provisions during the last 
10 years. 

Figure 7: Fiscal Year 2005-Rate for Operations: 

[Refer to PDF for image: text box] 

SEC. 101. Such amounts as may be necessary under the authority and 
conditions provided in the applicable appropriations Act for fiscal 
year 2004 for continuing projects or activities including the costs of 
direct loans and loan guarantees (not otherwise specifically provided 
for in this joint resolution) which were conducted in fiscal year 2004, 
at a rate for operations not exceeding the current rate, and for which 
appropriations, funds, or other authority was made available in the 
following appropriations Acts: [List of annual appropriations acts for 
fiscal year 2004]. 

Source: Pub. L. 108-309. 

[End of figure] 

Figure 8: Fiscal Year 2006-Rates for Operations: 

[Refer to PDF for image: text box] 

SEC. 101. (a) Such amounts as may be necessary under the authority and 
conditions provided in the applicable appropriations Act for fiscal 
year 2005 for continuing projects or activities (including the costs of 
direct loans and loan guarantees) that are not otherwise specifically 
provided for in this joint resolution, that were conducted in fiscal 
year 2005, and for which appropriations, funds, or other authority 
would be available in the following appropriations Acts: [List of 
proposed fiscal year 2006 acts]; (b) Whenever the amount that would be 
made available or the authority that would be granted for a project or 
activity under an Act listed in subsection (a) as passed by the House 
of Representatives as of October 1, 2005, is the same as the amount or 
authority that would be available or granted under the same or other 
pertinent Act as passed by the Senate as of October 1, 2005; 
(1) the project or activity shall be continued at a rate for operations 
not exceeding the current rate or the rate permitted by the actions of 
the House and the Senate, whichever is lower, and under the authority 
and conditions provided in applicable appropriations Acts for fiscal 
year 2005; or; 
(2) if no amount or authority is made available or granted for the 
project or activity by the actions of the House and the Senate, the 
project or activity shall not be continued. 

Source: Pub. L. 108-309. 

[End of figure] 

In figure 7, all appropriations listed in section 101 would operate at 
the rate for operations not exceeding the current rate. In figure 8, a 
project or activity may operate at the lower of either the rate for 
operations not exceeding the current rate or the rate based upon the 
amounts provided by the House and Senate bills passed before October 1, 
2005. So, for example, if bills passed by the House and Senate included 
the same amount for an activity in fiscal year 2006, the agency would 
have to compare the amounts passed by the House and Senate with the 
current rate. If the House and Senate amount is lower, the agency will 
continue the project or activity at a rate based upon that amount. If 
the current rate is lower, the project and activities will continue at 
a rate for operations not exceeding the current rate. Also, in 2006, if 
the bills passed by the House and Senate provided no amount for the 
project or activity, the project or activity would not continue (rate 
for operations is zero). 

OMB Apportionment Guidance: 

OMB issues apportionment guidance directing agencies how to calculate 
the amount of funds available to obligate and spend during the CR 
period. OMB automatically apportions these amounts. The formula used to 
determine the apportionment has generally remained the same since 
fiscal year 1999. To better preserve Congress' and the President's 
final funding prerogatives, the apportionment is equal to the 
annualized amount (or rate) for each appropriation account funded by 
the CR multiplied by the lower of: 

* the percentage of the year covered by the CR, or: 

* the historical seasonal rate of obligations for the period of the 
year covered by the CR. 

For example, assume an agency's annualized amount for an appropriation 
account was $100 million. If the initial CR period was 36 days or 10 
percent of the fiscal year and the agency's rate of obligations during 
the first 10 percent of the fiscal year was 25 percent of its annual 
appropriations, then the automatic apportionment for that appropriation 
account would be $10 million during the CR period because the amount 
based on the percentage of the year is lower than the seasonal rate. If 
the rate of obligations was 5 percent, the automatic apportionment 
would be $5 million for the CR period. 

While the automatic apportionment formula has remained the same over 
the last 10 years, the calculation of the annualized amount will change 
depending on the rate for operations provided by the CR and other 
provisions. 

[End of section] 

Appendix III: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 

Denise M. Fantone, (202) 512-6806 or fantoned@gao.gov Susan A. Poling, 
(202) 512-2667 or polings@gao.gov: 

Acknowledgments: 

In addition to the contacts named above, Carol Henn, Assistant 
Director; Julie Matta, Assistant General Counsel; Melissa Wolf, Analyst-
in-Charge; Sheila Rajabiun, Senior Attorney; Aglae Cantave; Juan 
Cristiani; Felicia Lopez; and Tom McCabe made key contributions to this 
report. Leah Querimit Nash, Albert Sim, and Jessica Thomsen also 
contributed. 

[End of section] 

Footnotes: 

[1] Appropriations were enacted on time in fiscal years 1989, 1995, and 
1997. See Congressional Research Service, Duration of Continuing 
Resolutions in Recent Years (Washington, D.C.: Mar. 9, 2009) for more 
information on the history of CRs. 

[2] See Congressional Research Service, Interim Continuing Resolutions 
(CRs): Potential Impacts on Agency Operations (Washington, D.C.: Oct. 
6, 2008). 

[3] Appendix I contains more information on how we selected agencies 
for review. 

[4] Fundamental to Congress' constitutional spending power is that 
federal programs may only expend federal funds to the extent 
appropriated by an act of Congress. For a discussion and history of the 
congressional "power of the purse" see GAO, Principles of Federal 
Appropriations Law, 3 ed., vol. 1, ch. 1 [hyperlink, 
http://www.gao.gov/products/GAO-04-261SP], January 2004. 

[5] The Antideficiency Act generally restricts agencies from continuing 
operations during a funding gap. 

[6] The rate for operations has varied over time and may be based on 
such things as the previous year's appropriation, an amount provided in 
a House or Senate bill, or the amount requested in the President's 
budget submission. See appendix II for more information. 

[7] The apportionment is equal to the annualized amount (or rate) for 
each appropriation account funded by the CR multiplied by the lower of 
the percentage of the year covered by the CR, or the historical 
seasonal rate of obligations for the period of the year covered by the 
CR. An agency may request a different amount than what is automatically 
apportioned, i.e., an exception apportionment, but according to OMB 
staff, OMB rarely approves exception apportionments. We discuss OMB 
guidance in appendix II. 

[8] The standard provisions are listed in appendix II. 

[9] See appendix II for an explanation of the differences in the 
various rates for operations. 

[10] Mandatory programs, such as Social Security, that are funded 
through permanent, indefinite appropriations are not subject to the 
annual appropriations process. However, under programs such as Food 
Stamps, Medicaid, and certain VA programs, beneficiaries who meet 
eligibility criteria are entitled to certain payments or other benefits 
under federal law and funding is provided through the annual 
appropriations process. 

[11] The rates of pay for most executive branch civilian and foreign 
service employees increase at the beginning of the new calendar year 
pursuant to statute. 5 U.S.C. §§ 5303 - 5304a. 

[12] Current services estimates are based on the continuation of 
existing levels of service. 

[13] VBA operated under a CR for almost 3 months on average in fiscal 
years 2005-2008 but 43 days into the CR period in fiscal year 2008 it 
received funding above the current rate. 

[14] Department of Justice, Federal Bureau of Prisons, The Effects of 
Changing Crowding, and Staffing Levels in Federal Prisons on Inmate 
Violence Rates (Washington, D.C.: 2005). 

[15] Competition in Contracting Act of 1984, Pub. L. No. 98-369; 48 
C.F.R. § 6.101(b). 

[16] See GAO, Department of Veterans Affairs' Lack of Timely and 
Accurate Information on Unexpended Balances Limits Effective Management 
and Congressional Oversight, [hyperlink, 
http://www.gao.gov/products/GAO-07-410R] (Washington, D.C.: May 16, 
2007). Congress added language to VA's 2009 appropriation act 
prohibiting it from obligating more than 20 percent of nonrecurring 
maintenance funds in the last 2 months of the fiscal year. 

[17] The four grants were Administration for Native Americans Social 
and Economic Development grants, Head Start grants (including Early 
Head Start), Transitional Living, and Unaccompanied Alien Children 
Services grants. 

[18] ACF was selected for case study review in part because of the 
volume of grants the agency awards. For more information on case study 
selection, see appendix I. FDA and VHA also award a small number of 
grants but did not report issuing multiple grants to the same recipient 
because of a CR. 

[19] CRs are not the only reason that Head Start made multiple grant 
awards to the same recipients. 

[20] This time estimate does not include the additional work that 
personnel perform modifying contracts. 

[21] This time estimate does not include the additional work required 
to issue multiple grants. 

[22] In the first CR of 2009, LIHEAP received a legislative anomaly 
providing a full-year appropriation for fiscal year 2009. 

[23] This time period was chosen to capture recent experiences under a 
range of circumstances, such as years when different parties were in 
control of Congress; different administrations; and election and 
nonelection years. 

[24] The Department of Treasury was represented by an official from the 
Internal Revenue Service. 

[25] Currently, Congress considers 12 regular appropriations acts 
organized around one or more major departments. The number and 
jurisdiction of appropriations subcommittees changed overtime. 
Adjustments were made to account for the changes. 

[26] The District of Columbia and activities related to the city's 
government received a substantial portion of funding from nonfederal 
sources, such as local taxes. 

[27] Based on data from GAO, Supplemental Appropriations: Opportunities 
Exist to Increase Transparency and Provide Additional Controls, 
[hyperlink, http://www.gao.gov/products/GAO-08-314] (Washington, D.C.: 
Jan. 31, 2008). 

[28] This analysis was based on 2007 data. We limited our analysis to 
the top three in each category. Lower ranking departments (i.e., fourth 
and fifth) for each object class represent a much smaller portion of 
budget authority relative to other units of the federal government. 

[29] For a broader discussion of CRs, see GAO, Federal Principles of 
Appropriations Law, vol. 2, ch. 8, [hyperlink, 
http://www.gao.gov/products/GAO-06-382SP], February 2006. 

[30] Amounts transferred into the appropriation account as required by 
statute are included in the current rate. Transferred amounts pursuant 
to discretionary transfer authority are not included in the 
determination of the current rate. B-308773, Jan. 11, 2007. 

[31] Amounts provided in supplemental acts will be included in the 
amount unless it is clear from the language of the CR or the 
supplemental legislation that such amounts were not to be considered in 
the current rate. For example, in fiscal year 2009, the CR stated that 
the amounts enacted in certain emergency supplemental appropriations 
acts were not to be included when determining the rate for operations. 

[32] The obligation patterns during the CR period must also follow 
other provisions in the legislation. As discussed previously, standard 
provisions provide direction about how agencies should manage 
expenditures during the CR period. 

[End of section] 

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