Authority To Continue Domestic Food Programs under Continuing Resolution

The Department of Agriculture's (USDA) authority to continue three domestic food programs after September 30, 1975, was questioned. The appropriation of funds in a continuing resolution for fiscal year 1976 for domestic food programs established under the National School Lunch Act and the Child Nutrition Act gave USDA the authority to continue the programs until termination of the continuing resolution in spite of expiration of funding authorization in enabling legislation on September 30, 1975. A proviso in the resolution which suspends the effectiveness of provisions in appropriation acts making availability of appropriations contingent upon enactment of authorizing legislation was intended to apply only to appropriation bills prior to their final enactment. Enactment of an appropriation act with such a contingency provision will supersede the continuing resolution and will suspend availability of funds pending enactment of necessary legislative authority.