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B-249087 1 (1992-06-25)

handle is hein.gao/gaobadatw0001 and id is 1 raw text is: 

Comptroller General
of the United States
Washington, D.C. 20548



B-249087


June  25, 1992

The  Honorable Jamie L. Whitten
Chairman,  Committee on Appropriations
House  of Representatives

Dear  Mr. Chairman:

This  responds to your request for our opinion  concerning the
period  of availability of an appropriation provided  to the
National  Commission on Acquired Immune Deficiency  Syndrome
(Commission).   You asked whether appropriated  funds provided
to  the Commission in the Departments of Labor,  Health and
Human  Services, and Education, and Related Agencies
Appro   iations Act, 1991, Pub. L. No. 101-517,  104 Stat.
2190Y  are available for obligation until expended  or whether
they  expired at the end of the fiscal year.  As  the
following  discussion shows, the funds were  only available
for  obligation until the end of fiscal year  1991.

In  the fiscal year 1991 Labor/HHS Appropriations  Act,
Congress  provided $3,000,000 to the Commission  for 
expenses  necessary for the National Commission  on'Acquired
Immune  Deficiency Syndrome as authorized  by subtitle D of
title  1I of Public Law 100-607        . (Emphasis added.)
104  Stat. 2190, 2217.  Subtitle D of title  II of.Public Law
100-607  is the   ommission's authorizing statute, the
National  Commission on Acquired  Immune Deficiency Syndrome
Act.   Section 248 of that Act provides:

      There is authorized to be appropriated  for fiscal year
      1,9.89,.$2,000,000 and such sums as may be necessary in
      any subsequent fiscal year, to  carry out the.purposes
      of this Act.  Amounts appropriated  pursuant to such
      authorization shall remain  available until expended.
      (Emphasis added.)

 102 Stat. 3108  (codified at 42 U.S.C. § 300cc noteY   We
 understand that the Office  of Management and Budget, the
 Department of Treasury, and  the General Services
 Administration have taken  the position that the Commission's
 appropriation  is available until expended since the
 appropriation  language refers to the Commission's
 authorizing statute that  includes the no-year language.

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