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B-280396.2 1 (1999-10-28)

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United States General Accounting Office                          Office of the General Counsel
Washington, DC 20548



         B-280396.2

         October 28, 1999


         The Honorable  Larry Combest
         Chairman, Committee  on Agriculture
         House  of Representatives

         The Honorable  Bob Goodlatte
         Chairman, Subcommittee  on Department
         Operations,  Oversight, Nutrition & Forestry
         Committee  on Agriculture
         House of Representatives

         By letter dated October 13, 1999, you asked us to examine the Department of
         Agriculture's (the Department) use of liquidating and financing accounts for farm
         credit programs (direct loans and loan guarantees) to cover the cost of administrative
         settlements of alleged discriminatory treatment of African-American farmers. We
         understand that your concern involves the source of funds used to pay the
         administratively settled claims and not the merits of the underlying claims. In
         response to an inquiry made in June 1998, the Department advised us that it used the
         farm credit program liquidating and financing accounts to administratively pay
         compensatory  damages for alleged violations of the civil rights of six African-
         American farmers.

         We have examined  the legal authority of the Department to use the Credit Reform
         financing and liquidating accounts as a source of funds for such payments. If the
         Credit Reform accounts are available, the Department will fund the payments out of
         the permanent indefinite appropriations provided by the Credit Reform Act to cover
         reestimates of the costs of direct loans and loan guarantees paid out of the financing
         and liquidating accounts. On the other hand, if the Credit Reform accounts are not
         available, the Department will have to charge its salary and expense appropriation.
         Depending on the amount of these payments, the Department may need to request
         additional funding to cover the payments of compensatory damages.




         A permanent indefinite appropriation is an appropriation without time limitation that contains no
         specific dollar amount. In effect, the General Fund of the Treasury is liable for any amount necessary
         to cover obligations incurred incident to the stated purpose.

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