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B-175155 1 (1979-07-25)

handle is hein.gao/gaobadhld0001 and id is 1 raw text is: 

- -  .7


DATE:   July 25, 1979


MATTER OF:                 e   eratin                  naents o iati
                 FY 1979 -Applicable Allocation Form-a-

 DIGEST: Congress   appropriated lump-sum for gr-ant-s of which
            $75 million shall be available f - rail service
            operating pp5gents (RSOP). I--      ropriation was
            obligated,-new formula, allocating sums to non-rail
            fixed guideways 'b'-sed on amount of RSOP, was enacted. (
          )   e-~gncvr t__Lh n n      nF ii for RS0 but     
            required to allocate lump-sum according to new or
            old formula: old formula was repealed and new form       ,
            by its terms, applies to propriations pursuant to
            authorization therein./    y is therefore not re-
            quired to fund allocatI n to non-rail fixed guideways.

     This decision is in response to a letter from the Chairman
five members of the House Committee on Public Works and Transporya- ?4
tion. requestfa@ ourpinion. gw   at the lette        a con
in statu                      The  nflict is over the method to
i    b        million, which was earmarked from within a larger
appropriation for urban formula grants to the bansporta-
tion Administration (UMTA), Depertment-of-Urameperteedee, for rail
seffvce operating payments.

   /The  substantive legislative authority governing the distribution
of these funds at the time the appropriation was enacted was repealed
10 weeks later. A new distribution formula, much broader in scope,
was enacted at that time. The question is whether that new formula
applies to the earlier enacted appropriation in whole, in part, or
only prospectively ;/

A.  Legislative Background

     The Department of Transportation and Related Agencies Appropri-
ation Act, 1979, Pub. L. 95-335, approved August 4, 1978, 92 Stat. 444,
appropriated funds for urban formula grants as follows:

          For necessary expenses for urban formula grants
     as authorized by the Urban Mass Transportation Act of
     1964, as amended, * * * $553,500,000, of which * * *
     $75 million shall be available for rail service operating
     payments, to remain available until September 30, 1982.


                   0LLER r-,
                 o -.'~  THE COMPTROLLER GENERAL
DECISION                    OF   THE UNITED STATES
                            WASHINGTON, O.C. 20548
                    VN.4ITE9


FILE:   B-175155


A&DOZ3

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