B-175074, APR 12, 1973

B-175074: Apr 12, 1973

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DECISION REGARDING WHETHER FUNDS WILL BE AVAILABLE AFTER APRIL 30. DUNLOP: REFERENCE IS MADE TO YOUR LETTER OF APRIL 9. REQUESTING OUR OPINION AS TO WHETHER FUNDS WILL BE AVAILABLE AFTER APRIL 30. THE COUNCIL WAS ESTABLISHED BY EXECUTIVE ORDER 11615 PURSUANT TO THE ECONOMIC STABILIZATION ACT OF 1970. FUNDS FOR ECONOMIC STABILIZATION ACTIVITIES CURRENTLY ARE CONTAINED IN THE EXECUTIVE OFFICE APPROPRIATION ACT. YOU ALSO ASK WHETHER THESE FISCAL YEAR 1973 FUNDS MAY BE USED TO FUND ONGOING OPERATIONS IN THE EVENT THE PERIOD PROVIDED IN SECTION 218 IS EXTENDED. PROVIDES THAT THE AUTHORITY OF THE ECONOMIC STABILIZATION PROGRAM WILL EXPIRE APRIL 30. IN THE EVENT STABILIZATION CONTROLS ARE EXTENDED BEYOND THAT DATE.

B-175074, APR 12, 1973

DECISION REGARDING WHETHER FUNDS WILL BE AVAILABLE AFTER APRIL 30, 1973, FOR THE PURPOSE OF "WINDING DOWN" THE OPERATIONS OF THE COST OF LIVING COUNCIL.

TO MR. JOHN T. DUNLOP:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 9, 1973, REQUESTING OUR OPINION AS TO WHETHER FUNDS WILL BE AVAILABLE AFTER APRIL 30, 1973, FOR THE PURPOSE OF "WINDING DOWN" THE OPERATIONS OF THE COST OF LIVING COUNCIL (COUNCIL).

THE COUNCIL WAS ESTABLISHED BY EXECUTIVE ORDER 11615 PURSUANT TO THE ECONOMIC STABILIZATION ACT OF 1970, PUBLIC LAW 91-379, APPROVED AUGUST 15, 1970, 84 STAT. 799, AS AMENDED. YOUR QUESTION REGARDING THE AVAILABILITY OF FUNDS AFTER APRIL 30, 1973, ARISES BY REASON OF SECTION 218 OF THE 1970 ACT, AS AMENDED BY PUBLIC LAW 92-210, APPROVED DECEMBER 21, 1971, 85 STAT. 752, WHICH PROVIDES AS FOLLOWS:

THE AUTHORITY TO ISSUE AND ENFORCE ORDERS AND REGULATIONS UNDER THIS TITLE EXPIRES AT MIDNIGHT APRIL 30, 1973, BUT SUCH EXPIRATION SHALL NOT AFFECT ANY ACTION OR PENDING PROCEEDINGS, CIVIL OR CRIMINAL, NOT FINALLY DETERMINED ON SUCH DATE, NOR ANY ACTION OR PROCEEDING BASED UPON ANY ACT COMMITTED PRIOR TO MAY 1, 1973.

AS STATED THEREIN, SECTION 218 PROVIDES THAT AUTHORITY TO ISSUE ORDERS AND REGULATIONS EXPIRES AT MIDNIGHT APRIL 30, 1973. HOWEVER, AS NOTED IN YOUR LETTER, THAT SECTION ALSO PROVIDES THAT THE EXPIRATION OF SUCH AUTHORITY DOES NOT AFFECT ANY ACTION OR PENDING PROCEEDINGS, CIVIL OR CRIMINAL, NOT FINALLY DETERMINED ON THAT DATE, NOR ANY ACTION OR PROCEEDING BASED ON ANY ACT COMMITTED PRIOR TO MAY 1, 1973. ACCORDINGLY, WE AGREE THAT SECTION 218 CLEARLY CONTEMPLATES THE CONTINUATION OF CERTAIN STABILIZATION PROGRAM ACTIVITIES FOR "WIND DOWN" PURPOSES AFTER APRIL 30, 1973.

FURTHERMORE, FUNDS FOR ECONOMIC STABILIZATION ACTIVITIES CURRENTLY ARE CONTAINED IN THE EXECUTIVE OFFICE APPROPRIATION ACT, 1973, PUBLIC LAW 92- 351, APPROVED JULY 13, 1972, 86 STAT. 475. THIS ACT MAKES APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1973, AND THE APPROPRIATION FOR ECONOMIC STABILIZATION ACTIVITIES CONTAINS NO PROVISION PROHIBITING THE USE OF THE FUNDS PROVIDED THEREIN AFTER APRIL 30, 1973, FOR SUCH ACTIVITIES.

ACCORDINGLY, WE SEE NO REASON WHY SUCH FUNDS PROPERLY MAY NOT BE USED TO FUND THE "WIND-DOWN" ACTIVITIES THROUGH JUNE 30, 1973.

YOU ALSO ASK WHETHER THESE FISCAL YEAR 1973 FUNDS MAY BE USED TO FUND ONGOING OPERATIONS IN THE EVENT THE PERIOD PROVIDED IN SECTION 218 IS EXTENDED, EVEN THOUGH THE BUDGET REQUEST, SUBSEQUENTLY APPROVED BY THE CONGRESS, PROPOSED FUNDING ONGOING OPERATIONS ONLY THROUGH APRIL 30, 1973.

AS POINTED OUT IN YOUR LETTER, RELATIVE TO SUCH MATTER, HOUSE REPORT 92- 1150 WHICH ACCOMPANIED H.R. 15585, THE BILL CONTAINING THE EXECUTIVE OFFICE APPROPRIATION ACT, 1973, CONTAINS THE FOLLOWING STATEMENT -

SECTION 218 OF THE ECONOMIC STABILIZATION ACT AMENDMENTS OF 1971, (P.L. 92-210) APPROVED DECEMBER 22, 1971, PROVIDES THAT THE AUTHORITY OF THE ECONOMIC STABILIZATION PROGRAM WILL EXPIRE APRIL 30, 1973 AND THE BUDGET REQUEST CONSIDERED BY THE COMMITTEE PROPOSED FUNDING ONLY THROUGH THAT DATE. IN THE EVENT STABILIZATION CONTROLS ARE EXTENDED BEYOND THAT DATE, THE COMMITTEE WAS INFORMED THAT SUPPLEMENTAL BUDGET ESTIMATES WOULD IN ALL PROBABILITY BE SUBMITTED TO THE CONGRESS.

IT CLEARLY APPEARS FROM SUCH STATEMENT THAT THE HOUSE APPROPRIATIONS COMMITTEE EXPECTED THAT ADDITIONAL FUNDS WOULD BE REQUIRED IF THE ECONOMIC STABILIZATION PROGRAM WERE EXTENDED. HOWEVER, WE FIND NOTHING IN THE APPROPRIATION ACT, ITS LEGISLATIVE HISTORY, OR ANY OTHER PROVISION OF LAW THAT WOULD PRECLUDE THE USE OF FISCAL YEAR 1973 FUNDS TO CONTINUE ONGOING OPERATIONS THROUGH JUNE 30, 1973, IF THE PROGRAM IS EXTENDED TO OR BEYOND SUCH DATE.

Oct 26, 2020

Oct 23, 2020

Oct 22, 2020

Oct 20, 2020

Oct 16, 2020

Looking for more? Browse all our products here