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COMAPT ROLLER GEA'7RAL OF THE UNITED STATES%)
WASHINGTON DC, 20548
B-214456 May 14, 1984
The Honorable Lowell P. Weicker, Jr.
Chairman, Subcommittee on Labor, Health
and Human SeLvices, and Education
Committee on AppropriationsseatOT ..... tt .. T- PUDLIC RAI
United States Senate
FOR 30 DAYS
Dear Mr. Chairman:
This is in response to your letter of February 14,
1984, regcrding the fiscal year 1985 authorization levels
for Djepartment of Education programs which may be continued
under the automatic extension provision contained in section
414 of the General Education Provisions Act, 20 U.S.C.
§ 1226a. Specifically, you wish to know whether the
authorization level for each program should be the level
originally contained in the enacting legislation for the
program or the level specified for fiscal year 1984 in the
Omnibus Education Reconciliation Act of 1981 (Reconciliation
AcL), Pub. L. No. 97-35, Title V, 95 Stat. 441-50 (1981).
For the reasons indicated below, we conclude that the level
authorized for these programs for fiscal year 1985 is the
fiscal year 1984 level contained in the Reconciliation Act.
Basically, section 414 of the General Education
Provisions Act provides for the automatic extension of an
education program for I fiscal year (2 fiscal years for
advance-funded programs), when the Congress fails to enact
legislation to formally extend the program before it ex-
pires. The extension provision provides that for those
programs continuing under its authority [t]he amount appro-
priated for each additional fiscal year shall not exceed the
amount which the Congress could, under the terms of the law
for which the appropriation is made, have appropriated for
such program during [its] terminal year. 20 U.S.C.
S 1226a. Thus, a program operating under this provision
shall be continued at a rate not exceeding the level
authorized for the program in the preceding fiscal year.
The authorization and authorization levels for the
affected programs for fiscal years 1982, 1983, and 1984 are](ViewImageLocal?handle=hein.gao/gaobabjae0001&div=1&collection=&method=preview&ext=.png&size=3)