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B-207792 1 (1982-08-24)

handle is hein.gao/gaobadkop0001 and id is 1 raw text is: 


012010101


         PD

THU CMPTROLWM USNERAL
OP THU UNITWP STATES
WASHIWTOQN,  D.o0,2004U


FILE; 1.-207792


DATE:


August 2411 982


MATTR C

CIW¢ BT:


Railroad etirenment Board--Period of Availabd1ity of
Appropriaton


Iwias apprrSpriie,,,tothe Railroad Retirement Board for
amnirstrative expeases of a labor protection program are
iailable only forf, scal year 1982,despite'the fact
tfi't the funds for h4 program itself are available until
expnded. Section 309%of the 1982 appropriation act for
the Departirfent of Transjrtht6n provides that funds are
available only during ft1cal year 1982 unless the appro-
prittione'specificallyv pzes ot-erwine. As the clause
appropriating administrative funds contains no special
language to the contrary, 4'id the administration appropri-
ation clearly is separate air distihct from the labor
protection program appropriation, the funds in question
are available ony for fiscal' year 1982.


      The Railroad Retirement Iloard has requested our opinion as to
 whether the 1982 appropriation for the admin'stration of Title VII oil
 the Regional Rail Reorganization Act makes fuinds available for admin-
 istrative ue beyond fiscal year 1982e For thi reasons set forth
 below, we c'nclude that the funds have been appropriated only for
 fiscal year 1902 and are not available beyond thit time.

     As explained by the Board, the issue arisen e to the ambiguous
 wor.ding of a provihion in the Departnnnt of Transprtation Appropria-
 tion Act, Title I, Pub. L. No. 97-102, 95 Stat, 1450 (1981). That
 provision appropriates $85 million for the payment oX labor protection
 benefits under Title VII of the Regional Rat'. Waorganization Act to
 remain available until expended, and further appropriates an add .-
 tional unspecified wrount for administrative expenses. The latter ap-
 propriatior does not specify the period of availvbility of those funds.
     The Boird believes)that becauue th $65 million for Nlabor protec-
 tion is avalable bK--nd the fiscal year, the funds needed to tdminis-
 tei: the program similarly shcnld be available without rega6xd to' time.
 7%i Board als6 argues thaC the appropriation in question intcorperates
by reference the language of tection 713 of the Regional Raid Reor-
ganization Acteof 1973, as &rended, Pub. L. No. 97-35, S 114*'(a),.
95 Sat. 668 (198)), which states that amounts appropriated .jnder
this aecticn aro authorized to remain available until expended.
     The labor protection program was established under the Regional
 Fail Reorganization Act of 1973, 45 U.S.C. $ 701 et _EMa., as amended,


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