BNUMBER:  B-271412
DATE:  June 13, 1996
TITLE:  [Letter]

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B-271412

June 13, 1996

The Honorable John Edward Porter
House of Representatives

Dear Mr. Porter:

By letter dated March 8, 1996, you asked whether subsection (w) of the 
"Assistance for the New Independent States of the Former Soviet Union" 
(Assistance) appropriation in the fiscal year 1996 Foreign Operations, 
Export Financing, and Related Programs Appropriations Act (FY 1996 
Foreign Operations Appropriations Act), Pub. L. No. 104-107, 110 Stat. 
704, 712 (1996) is permanent law.  The FY 1996 Foreign Operations 
Appropriations Act appropriates a lump sum "for necessary expenses to 
carry out the provisions of chapter 11 of part I of the Foreign 
Assistance Act of 1961 [22 U.S.C.  sec.  2151 et seq.] and the FREEDOM 
Support Act [Freedom for Russia and Emerging Eurasian Democracies and 
Open Markets Support Act of 1992, Pub. L. No. 102-511], for assistance 
for the new independent states of the former Soviet Union."  
Subsection (w) provides that "[n]otwithstanding any other provision of 
law, assistance may be provided for the Government of Azerbaijan for 
humanitarian purposes if the President determines that humanitarian 
assistance provided in Azerbaijan through nongovernmental 
organizations is not adequately addressing the suffering of refugees 
and internally displaced persons."  

In your view, Congress intended subsection (w) to override a 
proscription, found in section 907 of the FREEDOM Support Act, that no 
United States assistance is available to Azerbaijan "until the 
President determines, and so reports to the Congress, that the 
Government of Azerbaijan is taking demonstrable steps to cease all 
blockades and other offensive uses of force against Armenia and 
Nagorno-Karabakh."  22 U.S.C.  sec.  5812 note.  Your question is whether 
subsection (w) applies only to the Assistance funds appropriated in 
the FY 1996 Foreign Operations Appropriations Act or whether it 
permanently overrides section 907.  For reasons set forth below, we 
conclude that subsection (w) is applicable only in fiscal years 1996 
and 1997, the 2-year period during which the Assistance appropriation 
is available for obligation.  Subsection (w) is not a permanent 
statutory provision.  

It is well settled that the Congress has the power to enact permanent 
legislation    in an appropriation act.  See, e.g., United States v. 
Dickerson, 310 U.S. 554,        561-62 (1940).  However, there is a 
presumption that provisions in an appropriation act are effective only 
for the covered fiscal years because appropriation acts are by their 
nature nonpermanent legislation.  31 U.S.C.  sec.  1301(c), 65 Comp. Gen. 
588 (1986).  Therefore, a provision in an appropriation act may not be 
construed as permanent legislation unless the language or nature of 
the provision makes it clear that the Congress intended it to be 
permanent.  Id. at 589.  

Congress most clearly indicates permanency when the provision in 
question includes words of futurity such as "hereafter" or "after the 
date of approval of this act."  See, e.g., 36 Comp. Gen. 434, 436 
(1956).  Here, subsection (w) includes no such words of futurity.  In 
our view, the phrase "[n]otwithstanding any other provision of law" 
does not constitute words of futurity and, standing alone, offers no 
indication as to the duration of the provision.  70 Comp. Gen. 351, 
353 (1991).

Congress may also indicate that it intends an appropriation act 
provision to have permanent effect in other ways.  See 65 Comp. Gen. 
at 590.  However, our review of subsection (w) does not disclose any 
other factors that would persuade us that subsection (w) should be 
given permanent effect.  Nor is there any indication in the 
legislative history of the FY 1996 Foreign Operations Appropriations 
Act that Congress intended subsection (w) to have an effect beyond the 
period of availability of the appropriation.  

We trust that this answers your question.  We provided this answer to 
Mr. Robert Bradner of your staff by telephone on March 11, 1996.  If 
you have any 
questions with regard to the above matter, please feel free to call 
Ms. Amy Shimamura of my staff at (202) 512-5110.

Sincerely yours,

Robert P. Murphy
General Counsel