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1607(c) (b) Acceptance by State Legislature- If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. SC AG: “Specifically, the CRS Memorandum noted that, on its face, § 1607(b)’s language, “acceptance … shall be sufficient to provide funding” could be interpreted as controlling. The result of this interpretation would be that the concurrent resolution adopted by a state legislature is all that is necessary to receive federal Stabilization Fund funding.”

In our view, it would have been futile for Congress to insert these various provisions,
requiring the Governor or local officials to make application to federal authorities for receipt of funds by the State if such provisions could be bypassed simply by the adoption of a concurrent resolution by the state Legislature. Such a conclusion would, in effect, nullify the various criteria which Congress has established for a State to receive federal funds under the Act. It must thus be presumed that Congress did not intend to impliedly repeal much of ARRA by the insertion of § 1607(b) in the same Act.


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Michael Matheron

From Presidents Ronald Reagan through George W. Bush, I was a senior legislative research and policy staff of the nonpartisan Library of Congress Congressional Research Service (CRS). I'm partisan here, an "aggressive progressive." I'm a contributor to The Fold and Nation of Change. Welcome to They Will Say ANYTHING! Come back often! . . . . . Michael Matheron, contact me at mjmmoose@gmail.com

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