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B-271607 1 (1996-06-03)

handle is hein.gao/gaobablnl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-271607 June 3, 1996 The Honorable Thad Cochran United States Senate Dear Senator Cochran: In your letter of March 19, 1996, you asked that we provide our opinion about statutory language that is involved in a dispute between the Institute for Technology Development (ITD) in the State of Mississippi and the Economic Development Administration (EDA) Department of Commerce. Specifically you asked whether the language to remain available until expended, as used in an appropriation to EDA for the purpose of making a grant to ITD, means expended by EDA or expended by ITD. Based on discussions both with a member of your staff and with the Chief Counsel of the EDA, we learned that EDA grants to ITD have spawned a number of disputes that have resulted in protracted litigation. Recently, in Institute for Technology Development v. Brown, 63 F.3d 445 (5th Cir. 1995), the Fifth Circuit Court of Appeals overturned a district court decision upholding EDA's position that the grantee, ITD, could not substitute depreciation expenses it had incurred, but not initially claimed, for other disallowed costs. We have been informally advised by EDA that the specific question you asked is not directly involved in the ongoing litigation. The Second Supplemental Appropriations Act, 1984, Pub. L. No. 98-369, 98 Stat. 1369 (1984), provides: Economic Development Administration Economic Development Assistance Programs For an additional amount for 'Economic development assistance programs', $26,000,000, to remain available until expended, pursuant to 42 U.S.C. 3151(f) of which $7,000,000 is for a grant to the Institute for Technology Development in the State of Mississippi . .. . 1043523

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