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B-176994 1 (1975-09-30)

handle is hein.gao/gaobadcme0001 and id is 1 raw text is: OL.LER r 9,, THE C IMPTRos.LER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, D.C . 20548 FILE: B-176994 DATE: SEP 3 0 1975 MATTER OF: Authority to continue Domestic Food Programs under Continuing Resolution DIGEST: I. Appropriation of funds in continuing resolution for fiscal year 1976 for domestic food programs established under National School Lunch Act and Child Nutrition Act confers upon Department of Agriculture necessary authority to continue such programs until termination of continuing resolution, notwithstanding expiration of funding authorization in enabling legislation on September 30, 1975. II. Proviso in section of continuing resolution which suspends effectiveness of provisions in appropriation acts naking availability of appropriations continogent upon enactnent of authorizing legislation, was intended to apply only to appropriation bills prior to their final enactment. Thus, enactment of appropriation act with such contingency provision will supersede continuing resolution, and will suspend availability of fund3 pending enactment of necessary legislative authority. This decision to the Secretary of Agriculture is in response to a requ'est dated September 15, 1975, from the General Counsel, Department of Agriculture (DOA), concerning the authority of DOA to continue three domestic food programs after September 30, 1975, in light of the cir- cumstances set forth below. The programs, all administered by DOA, are-- (1) School Breakfast Program, section 4 of the Child Nutrition Act of 1966, as amended, 42 U.S.C. 6 1773. This program provides grants to States to provide breakfasts free or at a reduced price to needy schoolchildren. (2) Special Food Service Program for Children, section 13 of the National School Lunch Act, as amendad, 42 U.S.C. § 1761. Established. in 1968, this program authorizes grants and other assistance to States to provide nonprofit food service programs for needy and handicapped children in service institutions as defined in the Act. ULISHED DECISION 55 gomp Gen. ..... S* 1 -

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