B-152098, January 15, 1973

B-152098, January 15, 1973

The Honorable George B Mahon, Chairman Committee on Appropriations House of Representatives

Dear Mr. Chairman:

Reference is made to your letter of December 19, 1972, requesting our views concerning the application of the Continuing Resolution to the programs which are normally funded in the Department of Labor, and Health, Education and Welfare, and Related Agencies Appropriation Act.

The so-called "Continuing Resolution," Public Law 92-334, approved July 1, 1972, as amended, appropriates generally, in those instances where prior to July 1 there had not been enacted specific appropriation acts for the various departments for the fiscal year 1973, such amounts as may be necessary for continuing certain projects or activities until the pertinent annual appropriation act is enacted. The Continuing Resolution provides for the continuance of those projects and activities at a rate of operations based on one of several factors such as the budget estimates, the prior year's appropriation (current rates), the lower of the amounts provided in House or Senate passed bills, or actual amounts specified therein.

Question regarding the funding of the programs normally funded in the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act (hereinafter referred to as the Annual Appropriation Act) arises because the two bills which otherwise would have provided such funding, H.R. 15417 and H.R. 16654, were vetoed by the President and such vetoes were not overridden by the Congress.

At July 1, 1972, the date the continuing Resolution was approved, H.R. 15417, the Annual Appropriation Act, 1973, had been passed by both the House and the Senate, having passed the House on June 15 and the Senate on June 28. The bill was subsequently cleared for the White House on August 10, 1972, and thereafter vetoed by the President on August 16, 1972. The New Annual Appropriation Act, 1973, H.R. 166554, was then passed by both the House and the Senate and it too was subsequently vetoed (pocket veto) by the President.

In these circumstances, while the matter is not entirely free from doubt, we agree with your conclusion that the spending level authorized by the Continuing Resolution for any project or activity normally funded in the Annual Appropriation Act, 1973, is the amount provided for such project or activity in H.R. 15417 as it passed the House or the Senate, whichever is lower.

Section 101(a) if the Continuing Resolution provides for the appropriation of:

"(1) 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 1972 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for fiscal year 1973:

* * *

"Departments of Labor, and Health, Education, and Welfare, 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: Provided, That no provision in any Appropriation Act for the fiscal year 1973, which makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the date set forth in section102(c) of this joint resolution."

As indicated above, at the time the Continuing Resolution was approved, July 1, 1972, H.R. 15417 had passed both the House and the Senate and constituted the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act referred to in section 101(a) quoted above. Accordingly, the funding of programs and activities normally provided by the Annual appropriation Act, 1973, was then subject to the provisions of section 101(a)(3).

While the veto of H.R. 15417 may have, for most purposes, killed such bill, we believe it remains controlling insofar as the continuing Resolution is concerned in that section 102 thereof, as amended, provides that:

"Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable Appropriation Act by both Houses without any provision for such project or activity, or (c) February 28, 1973, whichever first occurs."

Since the appropriations and funds made available and authority granted pursuant to the Continuing Resolution were, so far as pertinent here, based on H.R. 15417, it is our view that such appropriations, funds, etc., continue to be based on that bill notwithstanding the President's veto thereof, or his veto of the similar bill H.R. 16654. Of course, here the Continuing Resolution provides a specific amount for a particular activity, such provisions is controlling.

Sincerely yours,

(SIGNED) ELMER B. STAATS Comptroller General of the United States