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B-158575 1 (1966-02-24)

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COMPTROLLER GENERAL OF THE UNITED STATES
          WASHINGTON, D.C. 20548


RELEASED


B-153 575


FEB 2 4 1966


  Dear Mr. Chamberlaln

       1y letter of February 2-:, 19(6, you requested our advice as to
  whether the provisions of section 116 of the Foretin Assistamce a3d
  Related Agencies Appropriation Act, 1966, Public tav 8,:-2n, ?q stat. 0
  1,0lO05Y;iould carry over to-funds vhch may be appropriated P'ar-
  suant to suppelaental authorizations currently being eonsidered by
  the on   es.

       Section lldtprowdes that:

            No assistanee shall be furnished under the Foreign
       Assistance Act of 1961, as amended, to any country that
       sells, furnishes, or veruita any shis under its registry
       to carry to North Vietnm any of the item mentioned in
       subsection 107(a) of this Act unless the President de-
       ter lie  that the  ithhlding of such assistance would
       be contrary to the national interest of the Unted States
       and reports such determination to the Congress.

       The authorizing legislation to vhith you refer has been introduced
iZ in the Senate as S. 2T93 and in the louse as )LB. 1219. Ech of these   I
  blil *pii16t      W     ia-i ns       d 4~5() f the !are - Assit
  anee Act of 1-61, as aended, to increase the'a unts authorized there-
  under for supporting assistance and for the contlngency fund in fiscal
  year 1966. The si=,opriatiotis requested by the Administration are in
  term  of supplemental requirements for fiscal year 1966. (In addition
  to item  covered in the bills metioned, an additlonal amount for
  military assistance to cover obliptions ineurred pursuant to authority
  of section 51D0f the act of t1-l is being sought.)

    - The prohibition contained it section l1e'is directed against the
  use of funds under authority of the Fortiep Assistance-Act of 196ft as .
  a'nded. Clearly any funds appropriated pursuant to the current con-
  siderations of the Congress would be subject to such authority. And
  it is a well-establIshed rule, long followed, that an aprogriation
  specifically supplementing one made by a prior act is subject to the
  sare liitations as the funds under the earlier apropriation. We
  ,eroeve af no reason to sugest that this general rule vould not
  apply in the circumstances here Involved. Cf. B_1o63z230oveve Z(,
  1951; 19 Com~p. CGem. 324L6,~ 322   Co!ip.. Un. '7651i-P id. 601 12r
  i4.'94-


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