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B-204905 1 (1981-11-02)

handle is hein.gao/gaobacsre0001 and id is 1 raw text is: . e COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 ,/y.99~e B-204905 . November 2, 1981 The Honorable Walter E. Fauntroy House of Representatives Dear Mr. Fauntroy: This responds to your letter of September 15, 1981, concerning a Department of Education (Education) grant to PUSH for Excellence, Inc. (PUSH). You asked whether Education's failure to award the grant to PUSH beginning in March 1981 constituted an impoundment of funds. The issue of whether the grant funds are being impounded became moot on September 30, 1981, when Education awarded a grant in the amount of $825,000. Under the award, PUSH may recover grant program expenses it incurred from March 1981 through the date of award. The effect of the award thus appears to be the same as if the award had been made in March 1981. Nevertheless, we have reviewed this matter from an impoundment viewpoint. We conclude that an impoundment did not exist. We discussed the grant with officials from Education who told us that grants have been made to PUSH since 1979, with the grant funding year running from March 1 through February 28. PUSH's grant for fiscal year 1980 was funded from March 1, 1980, through February 28, 1981. Accordingly, Education's failure to fund the PUSH program beginning on March 1, 1981,-reflected the agency's decision not to renew the grant for another year, rather than cancellation of an ongoing grant. Education officials also told us.that the grant to PUSH is made under sections 301-303 of the Education Amendments of 1978, Pub. L. No. 95-561, 92 Stat. 2143, 2210-2211, 20 U.S.C. S§2941- 2943 (Supp. III 1979), which authorize discretionary grants for special education-related projects. In its budget request for fiscal year 1981, Education requested a total of $210.5 million for the School Improvement appropriation, of which $1 million was earmarked for a grant to PUSH. The House Appropriations Committee approved Education's request for the $1 million grant to PUSH, although the total amount appropriated for school improvement was reduced to $166.9 million. See Pub. L. No. 96- 536, 94 Stat. 3165, 3166 (December 16, 1980); H.R. Rep. No. 96- 1244, 105-108 (1980).

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