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B-193812 1 (1979-05-10)

handle is hein.gao/gaobadhfh0001 and id is 1 raw text is: DECISION FILE: B-193812 MATTER OF: 01AR 0 o THE COMPTROLLER GENERAL OF THE UNITED STATES SWASH INGTON . D.C . 20548 U NITY) DATE: May 10, 1979 State Matching Requirement - Brucellosis Eradication Program DIGEST: Since 1967, Department of Agriculture has interpreted Z4 annual appropriation provision requiring minimum matching by any State of at least 40 per centum as allowing accumulation of all contributions by a State since 1963 to determine if matching requirement fordy- brucellosis program has been met. For 1979,'%rovision was changed to require matching by the States on a 60/40 basis. Agriculture believes this change authorizes aggregation of all State contributions since 1963 rather than on State by State basis. -7Provisions in annual ap- propriation acts, unless otherwise provided, apply only to that fiscal year and neither language nor legislative history of these provisions support Agriculture's inter- pretation. However, in view of longstanding practice we will not object to this practice for this year. e Secretary of Agriculture has requested a decision on whether, to comply with the matching requirement imposed on the States by the act making appropriations for Agriculture, Rural Development and Re- lated Agencies programs for fiscal year 1979, Pub. L. No. 95-448, October 11, 1978, 92 Stat. 1073, 1076, the contribution of all States from 1963 to date may be aggregated to determine whether, collectively, p the States have contributed 40 percent of the total expenditures for the brucellosis eradication programj Beginning in 1967, identical language contained in annual appro- priation acts for fiscal years 1963 through 1978 was interpreted as requiring each individual State to have contributed 40 percent of the cost of the program in that State on a cumulative basis over those years. The 1979 appropriation act made a change in the language of prior appropriation acts with regard to determining the required per- centage of the States matching share. For the reasons discussed below, we agree that the effect of the new language is to authorize an aggre- gation of the contributions of all of the States for the years 1963 to 1979 inclusive in determining whether the requirement for State matching has been met. Section 11 of the Act of May 29, 1884, as amended, 21 U.S.C. § 114a (1976), authorizes the Secretary of Agriculture, either independently or in cooperation with, among others, the States, to control and eradicate any communicable disease of livestock or poultry, including brucellosis. Pursuant to this authorizing legislation, the Animal and Plant Health Inspection Service of - ii , *

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