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B-194063 1 (1979-05-04)

handle is hein.gao/gaobadheq0001 and id is 1 raw text is: ~. DECISION STHE COPRLE EEA OF THE UNITED STATES WASHINGTON, 0. C. 20548 / lo 35 FILE: B-194063 DT TE: NAY 4 IM MATTER OF: Department of Labor Appropriations under Continuing Resolution 1. Funds appropriated by the fiscal year 1979 continuing resolution to carry out the provisions of the Com- prehensive Employment and Training Act (CETA), are available until September 30, 1980. The specific CETA provision making appropriated funds available for two years takes precedence over the more general provision in the continuing resolution which would terminate the availability of the money at the end of the 1979 fiscal year. 2. The term current rate of operations as used in continuing resolutions is equivalent to the total funds appropriated or available for obligation for an activity during the previous fiscal year. The 1979 continuing resolution appropriates only the total of appropriations for the Older American Community Service Employment Program during fiscal year 1978, despite the fact that an increase in the federal minimum wage will force a reduction in the number of persons employed by the program. This decision is in ,esnea/to two questions from the Assistant Secretary of Labor for Administration and Management, involving the amount and period of availability of funds appropriated to the Depart- ment of Labor by the Joint Resolution Making Continuing Appropriations for the Fiscal Year 1979, and for other purposes. Pub. L. No. 95-482, approved October 18, 1978, 92 Stat. 1603 (referred to as the continu- ing resolution). The first question is whether funds appropriated by the continu- ing resolution for programs under the Comprehensive Employment and Training Act, as amended (CETA), may be obligated over a 2-year period. The second question is: Whether the Continuing Resolution should be interpreted as providing, for programs under the Older Americans Act, funds sufficient to pay the increased wages, required as of January 1, 1979, by reason of the rise in the Federal minimum wage under section 6(a)(1) of the Fair Labor Standards Act, without a reduction in the amount of program activities. DIGEST:

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