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B-217578 1 (1986-10-16)

handle is hein.gao/gaobabizs0001 and id is 1 raw text is: Comptroller General Washington, D.C. 20548 B-217578 October 16, 1986 Frederick A. Bush, Esq. Chief Counsel Saint Lawrence Seaway Development Corporation Department of Transportation D6edYM-f-7Bus h-:--- This is in response to your letter dated March 18, 1986, requesting further reconsideration of the decisionp of this Office, B-193573rDecember 19, 1979 and B-193573A'January 8, 1979. We have reviewed your March 18 letter very carefully. Nevertheless, it continues to be our position that the Saint Lawrence Seaway Development Corporation does operate with appropriated funds. W,;. cannot. agree. with your assertion tfhat,'because'an ag'ency does not receive funds annually' appropri&ted by the Congress from the Treasury, it des not receive appropriated funds. See 35 Comp. Gen. 615 ,X6 18 (1956). The Corporation is not---being singled out in this regard. This Office has consistently held that the term appropriated funds includes not only funds appropriated by the Congress out of the Treasury, but also other funds specifically made available by statute for obligation or expenditure by a Governme~y entity. See 65 Comp. Gen. 25iN27 (1985); 57 Comp. Gen. 311A 313-14 (1978). A statute which authorizes income to the Government to be credited to a particular fund, such as a revolving, special, or trust fund, and which makes that income available for specified purposes, const'tutes a continuing appropriation. See 63 Comp. Gen. 285,)287 (1984). Accordingly, any funds made available by such a statute constitute appropriated funds. 50 omp. Gen 323,%9324 (1970). See also 31 U.S.C. S§ 701(2)(c)3, 1101(2)(c)Y, (1982). An exception to this general rule occurs only when an agency's funds are specifically deemed by statute to be nonappropriated funds. See, e.g., 12 U.S.C. § 481X1982) (Funds available to the Comptroller of the Currency); 12 U.S.C.S 244,X(1982) (Funds available to the Board of Go-vernors of the Federal Reserve). As you point out in your letter, the Comptroller General has taken the position that the Corporation is subject only to

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