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Congressional Briefing -Reply



I don't believe that it is a valid interpretation to say that the
Pollution Prevention Act "expired in 1993".  I don't believe
the Act carried a sunset provision.  When it was originally
passed it contained authorization for appropriations
through fiscal year 1993.  While it is true that it has not
been reauthorized since then, the programs under that law
have continued to receive appropriations.  It is generally
settled that, as a general proposition, the appropriation of
funds for a program whose funding authorization has
expired serves as an authorization for continuing the
program.  This is generally premised on either legislative
history, or at least the absence of legislative history to the
contrary, that Congress did not intend the program to
terminate.
This may seem like a nit but if, in fact, the authorization for
the program had expired it would not be legal to spend
federal funds, e.g., grants, for the program.
This is not meant to convey an opinion that the PPA
should not be reauthorized.  There may very well be an
opportunity to make significant improvements to it.