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B-194362 1 (1979-05-01)

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                             THE  COMPTROLLER GENERAL
DECISi                       OF   THE UNITED STATES
                             SVA SH IN GTON      D .C. 2 0 5 4 8


                                                        cC)  /oi


FILE: B-194362

MATTER OF:


DIGEST:


DATE:   MAY 1  1979


Elderly Feeding Program under the fiscal
year 1979 continuing resolution

Term current rate for operations as used in
continuing resolutions is equivalent to total
funds which were available for obligation for
program during previous fiscal year. Fiscal
year 1979 continuing resolution appropriates
for Department of Agriculture portion of
Elderly Feeding Program only total amount of
funds which were available for program during
fiscal  year 1978, despite fact that increase
in mandatory level of assistance will force
reduction in number of meals supported by
program.


     This decision is in response to an ijngriy from the Secretary of
Agriculture concerning the amount of funds appropriated to the Department
of Agriculture for the Elderly Feeding Program by the Joint Resolution
Making continuing appropriations for the fiscal year 1979, and for other
purposes, Pub. L. No. 95-482, 92 Stat. 1603, approved October 18, 1978.
It is the Secretary's position that the continuing resolution appropriated
sufficient funds to enable the Department to provide commodities or cash
for 148 million meals at the rate per meal mandated by section 311 of the
Older Americans Act of 1965, as amended, 42 U.S.C.A. § 3030a. For the
reasons indicated below, it is our opinion tha( the continuing resolution
appropriated only the total amount of funds that were available for
obligation for the Elderly Feeding Program in fiscal year 1978.

     The continuing resolution, in section 101(a), appropriates:

         Such amounts as may be necessary for continuing the
     following activities, not otherwise provided for, which
     were conducted in fiscal year 1978, but at a rate for
     operations not in excess of the current rate:


    'activities under the Older Americans Act including
provision  of cash or commodities * * *. (Emphasis added.)


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