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A-89279 1 (1937-10-26)

handle is hein.gao/gaobadbtv0001 and id is 1 raw text is: 





           COMPTROLER  GENERAL OFTHE UNITED STATES
                         WASHiNGTON







 he  sating Director,
     Bureau of the Thdgetk.



     our  letter of otabor  18, 1937, to as follows

     Seceipt  is asknle4ged   of your latter of September 3o caling
attention to the fact that in the appropriation for alarins and
expenses, Bureau of customs, ?rcasury fepartent, 1938, there    -aro
te  following

       Provided further, that saton  36&8 of the   nivad Statutes
  .  . a. title 31, soe. 529b) shall not apply to paynnts   a   or
the Bareau of Oustoa  La foreign acntries,

ad  that the citation  see. 529O was nialeadlng.

      In this conction   your apinica is requested as to Mewher it
1, neessary  to repeat the inclusion of the above quoted proviso olause
i  the 1939 ippropriatin  Act in order to continuethe beefit    eref.
in o-her cords, can the proviso clause appearing i the 1938 4p ropria-
man   jot L5 considered as peraanent lagislat on-

     It is a well established rule that a provision contained in an
anal   appropriation act ma  not be construe to be pemanent  legisla-
in      e a thelanua     used therein or the mature of the proa slu
rnd  rs it clear that such was the intention of the Oangres.   tanily
the :ord Thereafter3 or other words indicating futurity are oed in  -t
x~coent   of a peroant   provisioa.   h proviso in question conains  no
ords  indicating futurity and the fast that Uhe provisica has  e0on re-
poated in the anual  appropriatina acts since the fiscal year 1936
  uld iadicate that the Congress did not consider it peoana t legisla-
  on.  5 Oamp. Gen. 810; 10 id. 120.

     ccordingly,  if it be desired to make the provision perat, it
 nae   repeated in the appropriation act for 1939 with the  A   Oero-
 rter  inserted before  6eetin3 380

                                 2@spectfully,



                                 Act ig a0mproller Ganral
                                   f  the  niAed  tates.

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