In both cases, the decision of an agency regarding funding was sustained even though a committee or conference report purportedly directed it to take different action.
11. The one statement of intent by the full Congress as to whether and, if so, for what time period the Secretary was to continue to fund organizations under the JTPA in the same manner as he did under CETA appears in Section 181 of the JTPA. 29 U.S.C. § 1591. This section provides that such funding levels will be maintained only until September 30, 1983, when the JTPA was to and did become fully operational. Moreover, S.Rep. No. 987-247, which accompanied H.J.Res. 368, specifically acknowledged that there would be a vast reduction in the funds available to organizations such as HRDI once the JTPA became effective. Therefore, for these reasons and those discussed earlier, the Court concludes that HRDI has a slight, if any, chance to success in this litigation on the merits at a later date.
B. Irreparable Injury
12. HRDI contends that it will suffer irreparable injury, without a preliminary injunction providing it with the same level of funding that it received during Fiscal Year 1983 under CETA. This argument is misplaced. One of the central features that distinguishes the JTPA from CETA is a major shift from federal administration of job training programs to state and local governments and the private sector. 29 U.S.C. §§ 1531-37 and 1601-1658. Indeed, states are now the direct recipients of all federal grants under Titles II and III of the JTPA. 29 U.S.C. §§ 1601-1658. Plaintiff's complaint, therefore, is not that it may be irremediably injured by the Secretary's administration of the JTPA, but that the action of Congress in shifting emphasis to the state and local governments under the JTPA as of Fiscal Year 1984 irreparably injures the position HRDI held under CETA. Since there is no challenge in this case to the lawfulness of Congress' actions in terminating CETA and implementing the JTPA, plaintiff's claim of irreparable injury is not cognizable here.
13. Moreover, the evidence of record demonstrates that HRDI's function is primarily if not exclusively aimed at coordinating the provision of services to participants in JTPA programs. Thus, there is unlikely to be any irreparable injury to participants in JTPA programs as might otherwise occur if HRDI actually performed job training. Since HRDI acknowledged, both in its papers and at oral argument, that without more its purported loss of revenue does not constitute irreparable injury, HRDI has not met the second standard for the issuance of a preliminary injunction.
C. Harm To Third Parties
14. The Department of Labor funds organizations such as HRDI through an internal DOL budget area known as Special National Programs. Regardless of the adjudication of the pending motion, the amount of money allocated to this budget area will remain at approximately $15 million for Fiscal Year 1984. Since this pool of funds is a fixed, finite amount, any relief awarded to HRDI would of necessity injure other, similarly situated recipients. Accordingly, consideration of the harm to third parties militates against an award of a preliminary injunction.
D. The Public Interest
15. The appropriations process is one that is Constitutionally committed to the Executive and Legislative Branches of the federal government. As this Court recognized earlier in Fontaine, relief of the sort sought here would improvidently "inject this court deeply" into the appropriations process. Fontaine, supra, Findings and Conclusions at 18. Since this process is not one that gives rise to enforceable statutory rights in the absence of action by the full Congress, Comptroller General Decision B-183851, supra, 55 Comp.Gen. at 316-17, the public interest would be furthered if the Court refrained from becoming involved in HRDI's dispute with the Secretary.
16. Further, as shown earlier, under the JTPA, Congress brought an end to wholesale federal involvement in job training programs as of the beginning of FY 1984. 29 U.S.C. §§ 1531-1537, 1591, 1601-1658. Granting HRDI's motion would, in essence, provide it with continued funding as though HRDI was still operating under CETA. Since the legitimate legislative determination to bring an end to CETA is not challenged by this action, the public interest is best served by denying HRDI a continued entitlement to CETA level funding.
For the foregoing reasons, plaintiff's motion for a preliminary injunction must be denied. An Order consistent with these Findings and Conclusions is being entered simultaneously.