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B-37032 October 5, 1943

B-37032 Oct 05, 1943
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Secretary: I have you letter of September 16. As follows: "Reference is made to the decision B-29085 of October 5. 1942 in which a citation is made to the Act of June 26. 37 Stat. 184 (5 U.S.C. 83) placing restrictions on paying fees or dues in societies and traveling expenses incurred in connection with attendance at meetings unless the same are specifically authorized by the appropriation. "It is noted that Section 8 of 37 Stat. 184. It would appear that these prohibitions are not applicable after the fiscal year 1913. It is requested that I be informed whether they are still considered to be in full force and effect.". Or expenses are authorized to be paid by specific appropriations for such purposes or are provided for in express terms in some general appropriation.".

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B-37032 October 5, 1943

The Honorable,

The Secretary of State.

My dear Mr. Secretary:

I have you letter of September 16, 1943, as follows:

"Reference is made to the decision B-29085 of October 5, 1942 in which a citation is made to the Act of June 26, 1912, 37 Stat. 184 (5 U.S.C. 83) placing restrictions on paying fees or dues in societies and traveling expenses incurred in connection with attendance at meetings unless the same are specifically authorized by the appropriation.

"It is noted that Section 8 of 37 Stat. 184, the District of Columbia Appropriation Act for 1913 establishing those prohibitions, does not contain any words of futurity. In conformity with the ruling made in 18 Comp. Gen. 37, it would appear that these prohibitions are not applicable after the fiscal year 1913, and it is requested that I be informed whether they are still considered to be in full force and effect."

Section 8 of the act of June 26, 1912, 37 Stat. 184, provides as follows:

"No money appropriated by this or any other Act shall be expended for membership fees or dues of any officer or employee of the United States or of the District of Columbia in any society or association or for expenses of attendance of any person at any meeting or convention of members of any society or association, unless such fees, dues, or expenses are authorized to be paid by specific appropriations for such purposes or are provided for in express terms in some general appropriation."

The above-quoted provision of law has been considered permanent legislation by the accounting officers of the Government since its enactment in numerous decisions involving both the meaning of its terms and the scope of its applicability. See, for examples, 19 comp. Dec. 650; 24 id. 473; 1 Comp. Gen 546; 3 id. 883; 4 id.421; 5 id. 478; 7 id. 529; 9 id. 390; 10 id. 282; 15 id. 284; 16 id. 252; 19 id. 938; 22 id. 315.

While a provision in an annual appropriation act usually is not construed as permanent legislation (20 Comp. Gen. 322), it must be so considered when the language used therein or the nature of the provision renders it clear that such ws the intention of the Congress. Words of futurity frequently are employed to indicate permanency, but the presence of such words is not essential if the permanent character of the legislation is otherwise clearly indicated. 9 Comp. Gen. 248. While the words "by this or any other Act" as contained in section 8 of the act of June 26, 1912, supra, may not, strictly speaking, be considered words of futurity, neither do they impel the conclusion that the prohibition was intended to operate only during the fiscal year current at the time of its enactment. Thus, the fact that the provision is general in character and apparently had no direct relationship to the appropriation act in which it appeared might be sufficient to justify the conclusion that it was intended to be permanent legislation. See 5 Comp. Gen. 810.

However, were there any doubt in the matter, subsequent action by the Congress itself has removed it. Section 10 of the act of August 24, 1912, Stat. 488, appropriating for sundry civil expenses for the fiscal year 1913, provides:

"That section eight of the District of Columbia appropriation Act, approved June twenty-sixth, nineteen hundred and twelve, shall not take effect or be operative during the fiscal year nineteen hundred and thirteen except to the extent that it prohibits the payment of membership fees or dues in societies or associations: Provided, That during the fiscal year nineteen hundred and thirteen expenses of attendance of officers or employees of the Government at any meeting or convention of members of any society or association shall be incurred only on the written authority and direction of the heads of executive departments or other Government establishments or the Government of the District of Columbia; and a detailed statement of all such expenses incurred from June thirtieth until December first, nineteen hundred and twelve, shall be submitted to Congress on or before January first, nineteen hundred and thirteen."

Also, the following provision appeared in the Department of Agriculture Appropriation Act, 1914, 37 Stat. 854:

"That nothing contained in the Act making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes, approved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to prohibit the payment from appropriations for the Department of Agriculture of expenses incidental to the delivery of lectures, the giving of instruction, or the acquiring of information at meetings by its employees on subjects relating to the work of the department authorized by law."

Moreover, specific appropriations for the type of expenses comprehended by the involved prohibition have been made from time to time apparently for the express purpose of overcoming the effect of said prohibition. See appropriations considered in 10 Comp. Gen. 282, and 22 id. 315.

The decision 18 Comp. Gen. 37, referred to in your letter, is clearly distinguishable. The prohibition there in question appeared as a proviso to a particular appropriation for one fiscal year, was in nature inseparably connected with such appropriation, and was omitted from appropriations for subsequent fiscal years enacted in the same language. Under such circumstances it was concluded that the provision was intended to operate only with respect to contemporaneous fiscal year appropriations.

Accordingly, I have to advise that the prohibition in said section 8 of the act of June 26, 1912, against the use of appropriated funds for the payment of fees or dues in any society or association or of traveling expenses in connection with attendance at meetings, unless specific provision therefor has been made, is in full force and effect.

Respectfully,

Comptroller General of the United States.

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