

But the city government for the nation's capital insists it will be open for business as usual, an unprecedented move for a city whose leaders continually struggle to assert their independence from congressional oversight.


"I have determined that everything the District government does—protecting the health, safety and welfare of our residents and visitors—is essential," Gray said in a statement explaining his decision.


"I respect the judgment of the city and hope the Congress will do the same," said Delegate Eleanor Holmes Norton, who represents D.C. in Congress but cannot vote on the House floor.

She added: "I have never second-guessed the city, and I don't think OMB or Congress should second-guess the city on this matter any more than they should second-guess them on how to run the city itself."

The Senate approved legislation Friday to prevent government agencies from closing down next week, the latest step in a fractious budget fight centered on funding for President Barack Obama's health care overhaul. But it wasn't clear whether the Democratic-led Senate and Republican-run House would be able to reach a compromise to avert a shutdown that would take effect Tuesday, when the government's new fiscal year begins.


Gray's stance is unprecedented in D.C. politics and represents the local government's latest act of defiance against Congress, which wields the ultimate authority over the district's budget and laws.


"We're also making the point that this highlights why budget autonomy is important, and we can't wait until January 1, 2014," Mendelson said in explaining the local government's position.



Keeping the government open during a shutdown could potentially run afoul of the federal Anti-Deficiency Act—which essentially says money can't be spent unless it's been appropriated by Congress—but district leaders argue that they don't need the approval of Congress or OMB to draw money from their contingency fund. Still, in the event any federal shutdown drags on, the D.C. government would need OMB to sign off on the decision to declare all workers essential.

"I believe that the people focused on this crisis are not interested in the district government, which is another reason why we should have budget autonomy," Mendelson said.