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B-149372, B-158195 April 29, 1969

B-149372,B-158195 Apr 29, 1969
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We stated: "It is fundamental. That the Congress is not bound by a statute enacted by it earlier in the same session and that the Congress has full power to direct the purposes for which an appropriation shall be used. This authority is exercised as an incident to the power of the Congress to appropriate and regulate expenditure of the public money. We have long held that the latest expression of the Congress should be given great weight in determining the availability of an appropriation for expenditures.". It is stated in your letter that. "It was the intention of the Committee. The legislative history of that provision sows that the intent was to make the funds available for only the transition period extending for approximately 20 days into the succeeding fiscal year.

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B-149372, B-158195 April 29, 1969

The Honorable George H. Mahon, Chairman Committed on Appropriations House of Representatives

Dear Mr. Chairman:

Your letter of April 25, 1969, requests our decision concerning the period of availability of the appropriation Expenses, Presidential Transition" contained in the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1969, Pub. L. 90-550, which provides as follows:

"Expenses, Presidential Transition

"For expenses necessary to carry out the provisions of the Presidential Transition Act of 1963 (3 U.S.C. 102, note), $900,000, to remain available until June 30, 1970."

Since section 4 of the Presidential Transition Act of 1963 refers to the period "not to exceed six months from the date of the expiration of his term of offices as President or Vice President, a question arises as to the purpose of specifically providing in the appropriation language that the funds shall remain available until June 30, 1970.

In our letter to you dated September 13, 1966, B-160032, concerning the 15 percent provision in section 205 of the Foreign Assistance Act of 1965, we stated:

"It is fundamental, however, that the Congress is not bound by a statute enacted by it earlier in the same session and that the Congress has full power to direct the purposes for which an appropriation shall be used. This authority is exercised as an incident to the power of the Congress to appropriate and regulate expenditure of the public money. Also, we have long held that the latest expression of the Congress should be given great weight in determining the availability of an appropriation for expenditures."

It is stated in your letter that--

"It was the intention of the Committee, in approving the June 30, 1970 language, to permit the funds to be available for obligation through that date, but question has been raised as to whether the funds would be available for obligation beyond six months following inauguration, in view of the basic law."

Section 5 of the Presidential Transition Act of 1963 authorized appropriations "to remain available during the fiscal year in which transition occurs and the next succeeding fiscal year." The legislative history of that provision sows that the intent was to make the funds available for only the transition period extending for approximately 20 days into the succeeding fiscal year. We can find no similar intent, however, with respect to the appropriation language. If the Congress had intended to restrict the availability of the appropriation to the six- months period of transition, it could easily have so provided.

In view of the legislative intent expressed in your letter; the specific language in the appropriation act which is the latest expression of the congress in the matter; and the absence of any contrary legislative intent in the legislative history of the appropriation act it is our view that the appropriation "Expenses, Presidential Transition" is available for obligation through June 30, 1970, notwithstanding the provisions of section 4 of the Presidential Transition Act quoted above. Cf. 45 Comp. Gen. 508.

Sincerely yours,

(Signed) Elmer B. Staats Comptroller General of the United States

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