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B-197118 1 (1980-01-14)

handle is hein.gao/gaobadhwu0001 and id is 1 raw text is: V THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES A WASHINGTON, 0. C. 20548 FILE: B-197118 DATE: January 14, 1980 MATTER OF: Permanent Appropriation of Proceeds of National Defense Stockpile otation) Sales DIGEST: Subsection 9(c) of Strategic and Critical Materials Stockpiling Revision Act of 1979 constitutes permanent indefinite appropriation of moneys received from sale of stockpile items being rotated or being disposed of by special authority of President. Such funds are available only for purchase of replacement materials for stockpile. B-114808, August 7, 1979, distinguished. The Assistant Director-, Accounting Operations, Bureau of Government Financial Operations, Department of Treasury has requested our opinion on whether subsection 9(c) of the Strategic and Critical Materials Stockpiling Revision Act of 1979, Pub. L. No. 96-41, 93 Stat. 319, 323, can be interpreted as a permanent indefinite appropriation of moneys received from the ale of certain items from the National Defense Stockpile. This subsection directs that receipts from these sales be covered into a special fund in the Treasury, to be available only for the acquisition of replacement materials. Treasury asks whether this language constitutes a permanent indefinite appropriation, in light of our recent decision, B-114808, August 7, 1979, in which we indicated that a statute cannot be interpreted to be a permanent appropriation unless the intent of the Congress to make an appropriation is clear from the language of the legislation. For the reasons indicated below, we find that subsection 9(c) does constitute a permanent indefinite appropriation of ,th4, receipts from the 'Tescribed sales, and that these moneys are available to acquire replacement materials for the stockpile without further action of the Congress. -1-

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