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A-51604,B-183808 1 (1975-05-15)

handle is hein.gao/gaobadbzz0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION . OF THE UNITED STATES ' WASHINGTON. 0.C. 2054 5-183808 FILE: A-51604 DATE: May 15, 1973 MATTER OF: Status of impounded Food Stamp Program appropriations obligated by court order DIGEST: Court order, entered prior to expiration of availability period for fiscal year 1973 Food Stamp Program appropriation, which required that the impounded balance of such appropriation be recorded as obligated under 31 U.S.C. 5 200(a)(6), as a liability which might result from pending litigation, was effective to obligate the impounded 1973 appropriation balance and thereby prevent its lapse. Therefore, 1973 balance so obligated may be used during fiscal year 1976 without further appropriation action. This decision to the Secretary of Agriculture responds to a request by the Acting General Counsel of the Department of Agriculture (DA) concerning yhother the unexpended balance of approximately $278.5 million in the fiscal year 1973 appropriation for the Food Stamp Program may be used during fiscal year 1976 without further appropriation action as a result of the order tejued by the United States Distric5 Court for the District of Ifnnesota in Joseph Bennett, et al v. Earl L. Buts, et al., Civil Action No. 4-73 Civ. 284. The unexpended balance in question derives from the fiscal year 1973 'appropriacion of $2.5 billion for the Food Stamp Program, Pub. L. No. 92-399, approved August 22, 1972, 86 Stat. 591, 610, which was available for obligation through June 30. 1973. Plaintiffs in Bennett alleged that the predicted unobligated balance in the 1973 Food Stamp appropriation was attributable to DA's failure to administer the program in accordance with the Food Stamp Act, including, inter alia, failure to properly implement the'outreach. requirements set forth in 7 U.S.C. 5 2019(c)(5) (Supp. III, 1973). On June 25, 1973, the District Court granted plaintiffs' motion for preliminary injunctive relief and ordered, inter alia, that defendants: PUBUSHED DEC'SICN 54 Comp. Gen..

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