Use of Foreign Currencies by Members and Employees of the Permanent Select Committee on Aging

B-129650, DECEMBER 3, 1975, 55 COMP.GEN. 537

CONGRESS - COMMITTEES - TRAVEL EXPENSES - OVERSEAS - SELECT COMMITTEE ON AGING IN THE ABSENCE OF SPECIFIC AUTHORIZATION IN AN APPROPRIATION ACT, 22 U.S.C.A. 1754(B) IS THE SOLE AUTHORITY MAKING COUNTERPART FUNDS (FOREIGN CURRENCIES) AVAILABLE TO MEMBERS AND EMPLOYEES OF CONGRESSIONAL COMMITTEES IN CONNECTION WITH OVERSEAS TRAVEL. UNDER THIS PROVISION, SUCH FUNDS ARE AVAILABLE ONLY TO SPECIFIC COMMITTEES, NOT INCLUDING THE HOUSE SELECT COMMITTEE ON AGING, AND TO COMMITTEES PERFORMING FUNCTIONS UNDER 2 U.S.C.A. 190(D), WHICH REFERS TO STANDING COMMITTEES BUT NOT SELECT COMMITTEES. ACCORDINGLY, MEMBERS AND EMPLOYEES OF THE HOUSE SELECT COMMITTEE ON AGING ARE NOT AUTHORIZED TO USE COUNTERPART FUNDS.

TO THE CHAIRMAN, SELECT COMMITTEE ON AGING, HOUSE OF REPRESENTATIVES, DECEMBER 3, 1975:

THIS IS IN RESPONSE TO YOUR REQUEST FOR OUR OPINION AS TO WHETHER MEMBERS AND EMPLOYEES OF THE PERMANENT SELECT COMMITTEE ON AGING ARE AUTHORIZED TO USE FOREIGN CURRENCIES (COUNTERPART FUNDS) UNDER THE PROVISIONS OF SECTION 502(B) OF THE MUTUAL SECURITY ACT OF 1954, AS AMENDED, 22 U.S.C.A. 1754(B) (PAM. NO. 5, 1975), OR UNDER AUTHORITY CONTAINED IN THE RULES OF THE HOUSE OF REPRESENTATIVES, PRECEDENTS ARISING UNDER THE RULES, OR ANY OTHER LEGAL AUTHORITY, EXPRESSED OR IMPLIED.

SECTION 1754(B) OF TITLE 32 OF THE U.S.C. ANNOTATED PROVIDES IN PERTINENT PART:

(B) NOTWITHSTANDING SECTION 724 OF TITLE 31, OR ANY OTHER PROVISION OF LAW, LOCAL CURRENCIES OWNED BY THE UNITED STATES, WHICH ARE IN EXCESS OF THE AMOUNTS RESERVED UNDER SECTION 2362(A) OF THIS TITLE, AND OF THE REQUIREMENTS OF THE UNITED STATES GOVERNMENT IN PAYMENT OF ITS OBLIGATIONS OUTSIDE THE UNITED STATES, AS SUCH REQUIREMENTS MAY BE DETERMINED FROM TIME TO TIME BY THE PRESIDENT, (AND ANY OTHER LOCAL CURRENCIES OWNED BY THE UNITED STATES IN AMOUNTS NOT TO EXCEED THE EQUIVALENT OF $75 PER DAY PER PERSON EXCLUSIVE OF THE ACTUAL COST OF TRANSPORTATION) SHALL BE MADE AVAILABLE TO MEMBERS AND EMPLOYEES OF APPROPRIATE COMMITTEES OF THE CONGRESS ENGAGED IN CARRYING OUT THEIR DUTIES UNDER SECTION 290D OF TITLE 2, AND TO THE JOINT COMMITTEE ON ATOMIC ENERGY AND THE JOINT ECONOMIC COMMITTEE AND THE SELECT COMMITTEES ON SMALL BUSINESS OF THE SENATE AND HOUSE OF REPRESENTATIVES AND THE SELECT COMMITTEE ON ASTRONAUTICS AND SPACE EXPLORATION OF THE HOUSE OF REPRESENTATIVES AND THE SPECIAL COMMITTEE ON SPACE AND ASTRONAUTICS OF THE SENATE, FOR THEIR LOCAL CURRENCY EXPENSES. * * *

THE ABOVE PROVISION LIMITS THE AVAILABILITY OF LOCAL (FOREIGN) CURRENCIES, ABSENT PROVISION IN AN APPROPRIATION ACT (AS AUTHORIZED BY 31 U.S.C. 724 (1970)), TO CERTAIN SPECIFIED CONGRESSIONAL COMMITTEES (NOT INCLUDING THE SELECT COMMITTEE ON AGING) AND TO CONGRESSIONAL COMMITTEES ENGAGED IN CARRYING OUT THEIR DUTIES UNDER 2 U.S.C.A 190D. THE DUTIES DISCUSSED IN 2 U.S.C.A. 109D ARE THOSE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, AND NOT SELECT COMMITTEES. FURTHERMORE, THE ENUMERATION OF SPECIFIC SELECT COMMITTEES AUTHORIZED TO EXPEND SUCH CURRENCY UNDER 22 U.S.C.A. 1754(B) IMPLIES THAT OTHER SELECT COMMITTEES ARE NOT SO AUTHORIZED UNDER THIS PROVISION. WE HAVE REVIEWED THE LEGISLATIVE HISTORY OF 22 U.S.C.A. 1754(B), AND ARE UNABLE TO FIND ANY INDICATION OF A BROADER CONGRESSIONAL INTENT. IT WOULD APPEAR, THEREFORE, THAT USE OF FOREIGN CURRENCY BY MEMBERS AND EMPLOYEES OF THE SELECT COMMITTEE ON AGING IS NOT AUTHORIZED BY 22 U.S.C.A. 1754(B).

THERE IS NO OTHER GENERAL STATUTORY AUTHORITY OF WHICH WE ARE AWARE WHICH WOULD ALLOW USE OF SUCH FUNDS BY MEMBERS AND EMPLOYEES OF THE SELECT COMMITTEE. THE LEGISLATIVE HISTORY OF CERTAIN AMENDMENTS TO 2 U.S.C.A. 190D REVEALS THAT 22 U.S.C.A. 1754(B) REPRESENTS THE SOLE AUTHORITY BY WHICH LOCAL CURRENCY IS MADE AVAILABLE FOR USE BY MEMBERS AND EMPLOYEES OF CONGRESSIONAL COMMITTEES, IN THE ABSENCE OF A SPECIFIC AUTHORIZATION IN AN APPROPRIATION ACT.

SECTION 118(A)(1) OF THE LEGISLATIVE REORGANIZATION ACT OF 1970, PUBLIC LAW 90-510 (OCTOBER 26, 1970), 84 STAT. 1156, AMENDED 2 U.S.C.A. 190D TO DEFINE THE LEGISLATIVE REVIEW RESPONSIBILITIES OF SENATE STANDING COMMITTEES, RATHER THAN STANDING COMMITTEES OF BOTH HOUSES OF CONGRESS, AS WAS PREVIOUSLY THE CASE. AS A RESULT, THE AMENDMENT REMOVED EVEN THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES FROM THE COVERAGE OF 22 U.S.C.A. 1754(B). SECTION 1 OF PUBLIC LAW 92 136 (OCTOBER 11, 1971), 85 STAT. 376, FURTHER AMENDED 2 U.S.C.A. 190D TO DEFINE THE LEGISLATIVE REVIEW RESPONSIBILITIES OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AS WELL AS THE SENATE. IN H.R. REPORT NO. 92-34, 2 (1971) THE NEED FOR THIS CORRECTIVE LEGISLATION WAS EXPLAINED AS FOLLOWS:

USE OF LOCAL CURRENCIES BY HOUSE COMMITTEES

SECTION 502(B) OF THE MUTUAL SECURITY ACT OF 1954 (22 U.S.C. 1754) CURRENTLY AUTHORIZES LOCAL CURRENCIES TO BE MADE AVAILABLE -

"(1) TO 'APPROPRIATE COMMITTEES OF THE CONGRESS ENGAGED IN CARRYING OUT THEIR DUTIES UNDER SECTION 190D OF TITLE 2' (SECTION 136 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946); AND

"(2) FOR THE LOCAL CURRENCY EXPENSES OF THE JOINT COMMITTEE ON ATOMIC ENERGY, THE JOINT ECONOMIC COMMITTEE, AND THE HOUSE AND SENATE SELECT COMMITTEE ON SMALL BUSINESS."

SUCH SECTION 502 WAIVES SECTION 1415 OF THE SUPPLEMENTAL APPROPRIATION ACT, 1953 (31 U.S.C. 724), WHICH REQUIRES AN AUTHORIZATION IN AN APPROPRIATION ACT BEFORE SUCH CURRENCIES MAY BE MADE AVAILABLE.

SECTION 190D OF TITLE 2 WAS AMENDED BY SECTION 118 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970 TO APPLY ONLY TO SENATE COMMITTEES; THE HOUSE COMMITTEES WERE COVERED UNDER A NEW CLAUSE 28, ADDED BY SUCH SECTION 118, TO RULE XI OF THE RULES OF THE HOUSE.

THUS, SINCE SECTION 190D OF TITLE 2 NO LONGER APPLIES TO HOUSE COMMITTEES, IT IS CLEAR THAT HOUSE COMMITTEES CANNOT NOW RECEIVE LOCAL CURRENCIES UNDER THE PART OF SECTION 502(B) OF THE MUTUAL SECURITY ACT AUTHORIZING SUCH CURRENCIES FOR COMMITTEES CARRYING OUT THEIR DUTIES UNDER SECTION 190D OF TITLE 2. NEW AUTHORITY MUST BE PROVIDED BY LAW TO OVERCOME THE RESTRICTION IN SECTION 1415 OF THE SUPPLEMENTAL APPROPRIATION ACT, 1953. THE ENACTMENT OF THIS BILL WILL PROVIDE THAT AUTHORITY.

THUS IT WAS RECOGNIZED THAT NO STATUTORY AUTHORITY EXISTS FOR THE USE OF LOCAL CURRENCIES BY COMMITTEES OTHER THAN THOSE SPECIFIED IN SEC. 1754(B) OR THOSE ENGAGED IN DUTIES SET FORTH IN 2 U.S.C.A. 190D.

WE HAVE ALSO REVIEWED THE RULES OF THE HOUSE OF REPRESENTATIVES AND THE PRECEDENTS UNDER THE RULES, AS YOU REQUESTED, AND HAVE FOUND NO DISCUSSION OF THE USE OF LOCAL CURRENCIES BY CONGRESSIONAL COMMITTEES. MOREOVER, AS WAS NOTED IN H.R. REPORT NO. 92-34, SUPRA, A HOUSE RESOLUTION CANNOT AUTHORIZE THE USE OF LOCAL CURRENCIES SINCE 31 U.S.C. 724 REQUIRES SUCH AUTHORITY BE PROVIDED IN AN ACT OF CONGRESS.

CERTAIN LIMITATIONS FOR FUNDING THE SELECT COMMITTEE ON AGING WERE DISCUSSED IN H.R. REPORT NO. 94-89,2 (1975) ACCOMPANYING H. RESOLUTION 287, 94TH CONG., 1ST SESS., AGREED TO MARCH 21, 1975, WHICH PROVIDED OPERATING FUNDS FOR THE SELECT COMMITTEE:

ANOTHER IMPORTANT AND SIGNIFICANT CONSIDERATION IS THAT THIS SELECT COMMITTEE MUST BE FUNDED ENTIRELY OR COMPLETELY FROM FUNDS AUTHORIZED BY A RESOLUTION FROM THE HOUSE CONTINGENT FUNDS. SINCE THIS SELECT COMMITTEE DOES NOT HAVE THE SAME STATUS AS A STANDING COMMITTEE OF THE HOUSE, PAYMENT OF CERTAIN SALARIES FROM HOUSE APPROPRIATIONS IS NOT ROUTINELY PROVIDED.

ACCORDINGLY, WE CAN FIND NO AUTHORITY FOR EXPENDITURES OF COUNTERPART FUNDS BY MEMBERS AND EMPLOYEES OF THE SELECT COMMITTEE ON AGING.