B-152554, DEC 15, 1970

B-152554, DEC 15, 1970

PRECIS-UNAVAILABLE

SENATOR CASE:

REFERENCE IS MADE TO YOUR INFORMAL REQUEST THAT WE FURNISH YOU WITH OUR OPINION ON TWO QUESTIONS CONCERNING PUBLIC LAW 91-294, 84 STAT. 333 APPROVED JUNE 29, 1970, AS AMENDED.

THE FIRST QUESTION PRESENTED FOR OUR CONSIDERATION IS WHETHER THE CONGRESS MAY VALIDLY EXTEND THE EFFECTIVE PERIOD OF PUBLIC LAW 91-294 BEYOND THE PRESENT SESSION OF THE CONGRESS.

PUBLIC LAW 91-294 AS AMENDED BY PUBLIC LAW 91-454, 84 STAT. 969 APPROVED OCTOBER 15, 1970, APPROPRIATES GENERALLY, IN THOSE INSTANCES WHERE THE CONGRESS HAS NOT AS YET ENACTED SPECIFIC APPROPRIATION ACTS FOR THE VARIOUS DEPARTMENTS FOR THE 1971 FISCAL YEAR, SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING CERTAIN PROJECTS OR ACTIVITIES UNTIL THE PERTINENT ANNUAL APPROPRIATION ACT IS ENACTED. THE AUTHORITY CONTAINED THEREIN WILL EXPIRE ON THE SINE DIE ADJOURNMENT OF THE SECOND SESSION OF THE NINETY-FIRST CONGRESS.

WE ARE NOT AWARE OF ANY GENERAL LIMITATION REGARDING THE PERIOD FOR WHICH APPROPRIATIONS MAY BE MADE. THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1971 WHICH THE CONGRESS HAS ENACTED DURING THIS SESSION OF THE CONGRESS PROVIDE, IN GENERAL, FUNDS THROUGH JUNE 30, 1971, WHICH CONSTITUTES A PERIOD OF SIX MONTHS BEYOND THE END OF THE PRESENT SESSION OF THE CONGRESS, AND THE CONGRESS HISTORICALLY HAS MADE APPROPRIATIONS FOR PERIODS BEYOND THE END OF THE VARIOUS SESSIONS OF THE CONGRESS.

WHILE PUBLIC LAW 91-294 EMANATED AS A JOINT RESOLUTION THERE CAN BE NO QUESTION BUT THAT WHEN A JOINT RESOLUTION IS PASSED BY THE HOUSE AND THE SENATE AND IS APPROVED BY THE PRESIDENT IT HAS THE SAME FORCE AND EFFECT OF LAW AS DO OTHER LAWS INCLUDING APPROPRIATION ACTS, ENACTED IN THE REGULAR MANNER.

ACCORDINGLY, WE SEE NO LEGAL REASON WHY PUBLIC LAW 91-294 PROPERLY MAY NOT BE AMENDED TO EXTEND ITS EFFECTIVE PERIOD INTO THE NEXT SESSION OF THE CONGRESS.

YOUR SECOND QUESTION RELATES TO THE AMOUNT OF FUNDS WHICH PUBLIC LAW 91- 294 MAKES AVAILABLE TO THE DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF MAKING GRANTS AND LOANS AS AUTHORIZED BY THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, 49 U.S.C. 1601, ET SEQ.

DIFFERENT VERSIONS OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATION ACT, H.R. 17755, WERE PASSED BY THE HOUSE ON MAY 27, 1970, AND BY THE SENATE ON DECEMBER 3, 1970.

THE HOUSE-PASSED VERSION OF THE BILL PROVIDES IN PERTINENT PART (SECTION 308) THAT:

"NONE OF THE FUNDS PROVIDED IN THIS ACT SHALL BE AVAILABLE FOR ADMINISTRATIVE EXPENSES IN CONNECTION WITH COMMITMENTS FOR GRANTS FOR URBAN MASS TRANSPORTATION AGGREGATING MORE THAN $214,000,000 IN FISCAL YEAR 1971, PLUS THE ADDITIONAL AMOUNTS APPROPRIATED THEREFOR."

THE SUM OF $214,000,000 IS THE AMOUNT PROVIDED FOR GRANTS FOR FISCAL YEAR 1971 IN THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATION ACT, 1970, PUBLIC LAW 91-168, DEC. 26, 1969 83 STAT. 454.

SUBSEQUENT TO HOUSE APPROVAL OF H.R. 17755, THERE WAS ENACTED THE URBAN MASS TRANSPORTATION ASSISTANCE ACT OF 1970, PUBLIC LAW 91-453, 49 U.S.C. 1603 APPROVED OCTOBER 15, 1970. SECTION 3(B) OF THAT ACT AMENDED SECTION 4 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 BY AUTHORIZING THE SECRETARY OF TRANSPORTATION TO FINANCE GRANTS AND LOANS BY INCURRING OBLIGATIONS IN THE FORM OF GRANT AGREEMENTS OR OTHERWISE IN AMOUNTS AGGREGATING NOT TO EXCEED $3,100,000,000 LESS CERTAIN AMOUNTS OTHERWISE APPROPRIATED. THIS SECTION ALSO AUTHORIZED TO BE APPROPRIATED FOR LIQUIDATION OF THE OBLIGATIONS INCURRED AN AMOUNT NOT TO EXCEED $80,000,000 PRIOR TO JULY 1, 1971, AND REMAINING ADDITIONAL AMOUNTS PRIOR TO JULY 1, 1975.

THUS ENACTMENT OF H.R. 17755 IN THE FORM AS PASSED BY THE HOUSE, PRECLUDES THE SECRETARY FROM ENTERING INTO ANY GRANT AGREEMENTS WHICH WOULD CAUSE THE TOTAL THEREOF TO EXCEED $214,000,000, WHICH IN EFFECT ALSO PROHIBITS THE USE OF ANY PORTION OF THE $3,100,000,000 CONTRACT AUTHORITY PROVIDED IN SECTION 3(B) OF PUBLIC LAW 91-453.

IN REPORTING H.R. 17755, THE SENATE COMMITTEE ON APPROPRIATIONS RECOMMENDED THE DELETION OF THE PROVISIONS OF SECTION 308 AND THE SENATE PASSED THE BILL WITHOUT SUCH SECTION.

UNDER THOSE CIRCUMSTANCES THE FOLLOWING PROVISIONS OF PUBLIC LAW 91 294, AS AMENDED, APPEAR TO BE CONTROLLING IN THE MATTER:

SECTION 101(A)(1) PROVIDES FOR THE APPROPRIATION OF:

"SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR ACTIVITIES (NOT OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS JOINT RESOLUTION) WHICH WERE CONDUCTED IN THE FISCAL YEAR 1970 AND FOR WHICH APPROPRIATIONS, FUNDS, OR OTHER AUTHORITY WOULD BE AVAILABLE IN THE FOLLOWING APPROPRIATION ACTS FOR THE FISCAL YEAR 1971:

"DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATION ACT;

"(3) WHENEVER THE AMOUNT WHICH WOULD BE MADE AVAILABLE OR THE AUTHORITY WHICH WOULD BE GRANTED UNDER AN ACT LISTED IN THIS SUBSECTION AS PASSED BY THE HOUSE IS DIFFERENT FROM THAT WHICH WOULD BE AVAILABLE OR GRANTED UNDER SUCH ACT AS PASSED BY THE SENATE, THE PERTINENT PROJECT OR ACTIVITY SHALL BE CONTINUED UNDER THE LESSER AMOUNT OR THE MORE RESTRICTIVE AUTHORITY."

INASMUCH AS THE HOUSE-PASSED VERSION OF H.R. 17755 WOULD AUTHORIZE GRANTS ONLY IN THE SUM OF $214,000,000 AS COMPARED TO THE SENATE-PASSED BILL WHICH WOULD NOT PRECLUDE THE ADDITIONAL OBLIGATIONS AS AUTHORIZED BY PUBLIC LAW 91-453, THE AMOUNT THUS AVAILABLE FOR GRANTS WOULD BE THAT PROVIDED IN H.R. 17755 AS PASSED BY THE HOUSE SINCE THE AUTHORITY PROVIDED THEREIN IS THE MORE RESTRICTIVE.