A-87847, JULY 28, 1937, 17 COMP. GEN. 79

A-87847: Jul 28, 1937

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1938" IS EXCLUSIVELY AVAILABLE FOR ALL TRAVELING EXPENSES. IT IS THE OPINION OF THIS DEPARTMENT THAT THE APPROPRIATION FOR THE IMMIGRATION AND NATURALIZATION SERVICE IS CHARGEABLE WITH SUCH TRAVEL EXPENSES. YOUR OPINION IN THE MATTER IS RESPECTFULLY REQUESTED. ANY SUCH DOUBT IS REMOVED BY THE SPECIFIC PROVISIONS OF THE ITEM UNDER . IT IS A WELL-ESTABLISHED RULE THAT AN APPROPRIATION FOR A SPECIFIC PURPOSE IS EXCLUSIVE OF OTHER APPROPRIATIONS IN GENERAL TERMS WHICH MIGHT BE AVAILABLE IN THE ABSENCE OF THE SPECIFIC APPROPRIATION. 1 COMP. IT IS PERTINENT TO NOTE THAT AS ORIGINALLY REPORTED TO THE HOUSE OF REPRESENTATIVES BY THE COMMITTEE ON APPROPRIATIONS THE BILL. " WERE EFFECTED BY AMENDMENTS.

A-87847, JULY 28, 1937, 17 COMP. GEN. 79

TRAVELING EXPENSES - APPROPRIATION AVAILABILITY - DEPORTATION AND EXCLUSION OF ALIENS THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1938" IS EXCLUSIVELY AVAILABLE FOR ALL TRAVELING EXPENSES--- INCLUDING THOSE OF ACCOMPANYING DEPORTING OFFICERS--- INCURRED DURING THE FISCAL YEAR 1938 "INCIDENT TO THE DEPORTATION AND EXCLUSION OF ALIENS AND PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS, AS AUTHORIZED BY LAW, IN THE UNITED STATES AND TO, THROUGH, OR IN FOREIGN COUNTRIES.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, JULY 28, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 21, 1937, AS FOLLOWS:

THE DEPARTMENT OF LABOR APPROPRIATION ACT FOR THE FISCAL YEAR 1938 SETS UP A SEPARATE TRAVELING EXPENSE ITEM FOR THE ENTIRE DEPARTMENT, IN CONNECTION WITH EXPENSES OF TRAVEL OF GOVERNMENT EMPLOYEES, WHICH READS AS FOLLOWS:

"TRAVELING EXPENSES: FOR ALL TRAVELING EXPENSES, EXCEPT TRAVELING EXPENSES INCIDENT TO THE DEPORTATION OF ALIENS, UNDER THE DEPARTMENT OF LABOR, INCLUDING ALL BUREAUS AND DIVISIONS THEREUNDER, $666,900.'

THE APPROPRIATION ACT "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1938" SETS UP, AMONG OTHER OBJECTS, AN ITEM FOR THE "TRANSPORTATION AND TRAVELING EXPENSES INCIDENT TO THE DEPORTATION AND EXCLUSION OF ALIENS AND PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS, AS AUTHORIZED BY LAW, IN THE UNITED STATES AND TO, THROUGH, OR IN FOREIGN COUNTRIES.'

SINCE THE ACT OF JUNE 23, 1913 (38 STAT. L-685), PROVIDES THAT "FROM AND AFTER JULY 1, 1913, ALL CHINESE PERSONS ORDERED DEPORTED UNDER JUDICIAL WRITS SHALL BE DELIVERED BY THE MARSHAL OF THE DISTRICT OR HIS DEPUTY INTO THE CUSTODY OF ANY OFFICER DESIGNATED FOR THAT PURPOSE BY THE SECRETARY OF LABOR, FOR CONVEYANCE TO THE FRONTIER OR SEABOARD FOR DEPORTATION IN THE SAME MANNER AS ALIENS DEPORTED UNDER THE IMMIGRATION LAWS," AND THE IMMIGRATION ACT OF 1917 (39 STAT. 874), SECTIONS 19 AND 20, PROVIDES FOR THE EXCLUSION AND DEPORTATION, AND THE ARREST AND DEPORTATION OF ALIENS, IT IS THE OPINION OF THIS DEPARTMENT THAT THE APPROPRIATION FOR THE IMMIGRATION AND NATURALIZATION SERVICE IS CHARGEABLE WITH SUCH TRAVEL EXPENSES. HOWEVER, IN VIEW OF THE OMISSION OF THE WORDS "EXCLUSION" AND "PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS" FROM THE EXCEPTION IN THE ITEM OF "TRAVELING EXPENSES" FOR THE DEPARTMENT OF LABOR, YOUR OPINION IN THE MATTER IS RESPECTFULLY REQUESTED.

THE OMISSION OF THE WORDS "EXCLUSION" AND "PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS" FROM THE EXCEPTION IN THE CONSOLIDATED APPROPRIATION FOR TRAVEL EXPENSES UNDER YOUR DEPARTMENT FOR THE FISCAL YEAR 1938, CONSIDERED INDEPENDENTLY, MIGHT CREATE SOME DOUBT AS TO THE SCOPE OF SAID APPROPRIATION. HOWEVER, ANY SUCH DOUBT IS REMOVED BY THE SPECIFIC PROVISIONS OF THE ITEM UNDER ,SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE," QUOTED IN YOUR LETTER. IT IS A WELL-ESTABLISHED RULE THAT AN APPROPRIATION FOR A SPECIFIC PURPOSE IS EXCLUSIVE OF OTHER APPROPRIATIONS IN GENERAL TERMS WHICH MIGHT BE AVAILABLE IN THE ABSENCE OF THE SPECIFIC APPROPRIATION. 1 COMP. GEN. 372; 4 ID. 476; 7 ID. 400.

WHILE THE LANGUAGE OF THE TWO APPROPRIATIONS TAKEN TOGETHER CLEARLY EXPRESSES THE INTENT OF CONGRESS, IT IS PERTINENT TO NOTE THAT AS ORIGINALLY REPORTED TO THE HOUSE OF REPRESENTATIVES BY THE COMMITTEE ON APPROPRIATIONS THE BILL--- H.R. 5779, 75TH CONGRESS--- MAKING APPROPRIATIONS FOR THE DEPARTMENT OF LABOR FOR THE FISCAL YEAR 1938 CARRIED A CONSOLIDATED ITEM FOR ALL TRAVEL EXPENSES UNDER THE DEPARTMENT. THE EXCEPTION FROM THE CONSOLIDATED TRAVEL EXPENSE ITEM OF TRAVEL EXPENSES INCIDENT TO THE DEPORTATION OF ALIENS, AND THE INCLUSION OF TRAVEL EXPENSES AMONG THE EXPENSES INCIDENT TO THE DEPORTATION AND EXCLUSION OF ALIENS AND PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS PROVIDED FOR UNDER "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE," WERE EFFECTED BY AMENDMENTS, WITH APPROPRIATE ADJUSTMENTS IN THE AMOUNTS OF THE TWO APPROPRIATIONS, DURING CONSIDERATION OF THE BILL BY THE HOUSE. (CONG.REC., VOL. 81, PP. 2770, 2775). AS ENACTED, THE IMMIGRATION AND NATURALIZATION SERVICE APPROPRIATION FOR 1938 IS, IN RESPECT OF THE PARTICULAR PROVISION IN QUESTION, IDENTICAL WITH THE APPROPRIATION FOR 1937, AND THEREFORE AVAILABLE FOR THE SAME OBJECTS.

ANSWERING YOUR QUESTION SPECIFICALLY, I HAVE TO ADVISE THAT THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1938," IS EXCLUSIVELY AVAILABLE FOR ALL TRAVEL EXPENSES INCURRED DURING THE FISCAL YEAR 1938 "INCIDENT TO THE DEPORTATION AND EXCLUSION OF ALIENS AND PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS, AS AUTHORIZED BY LAW, IN THE UNITED STATES AND TO, THROUGH, OR IN FOREIGN COUNTRIES.'