R.S. 291, 31 U.S.C.A. 107

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070035-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 35
• Publication Date: September 26, 1945
• Content Type: MEMO

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g0T537CT: R.S. 291, 31 U.S.C.A. 107
26 September 1945
25X1A
25X1A
14 (a) The subject act as first passed on the
9th of February 1793 (1 Stet* L. 300) at which time it
-a-ovined:
"That tn all oases, where any sum or sumo of
money, have been issued, or shall hereafter
issue, from the Treasury for the purpome of
intercourre, or Treaty, with foreign notions,
in pursuance of any law, the President Shall be,
and he iv tereby authorized to cause the SUM
Bottled wlth the accounting offioers of the
Treasury, in 'eanner following, that lc to gay,
by +miming the same to be duly amounted for;
specifically in all-instances wherein the
expenditure thereof may in his judgment be
made public, or by making a Certificate or
Certiflostes, or causing the Secretary of
State to make a Certificate, or Certificates of
the amount of such expenditures as he may
think it advisable not to apecif7 and every such
Certificate shall be deemed a suffieient voucher
for the sun or SUms therein expressed to have
been ex7ended."
This section in substantially the same glom* was
incorporetedl as Section 291 of the Revised Statutes and la
to be found today in 31 U4S.C.A. Section 107 as follows:
wSettlement of expenses of intercourse with
fa-qi. reottever any sun of. money
s been em 1S11 be issued, from the Treasury,
for the purponos of intercourse or treaty with
foreign rations, In pureuaaoe of any law, the
President In outhorieed to cause the same-to be
duly settled annually with the General Accounting
Office, by cateang the same to be accounted for,
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specifloally, if the expenditre may, hte
judgment, b,3 made public; and by tking
causing the Secretary of State to make a
certificate pf the amount of such monAltures
as he :my think it advisable not to sPeeifYj
and every such certificate shall be deemed a
ini'tioient YOU0E-rTOThele ITUR
ex reseed tc:'have EUEirxpine
&coring Supplied)
(b) Compere our own appropriation Ieneuege with
reepeot to confidential expenditures, as follows:
P. L. 372 - 76th Congress;
'35,0000000 of such 37,000,000 may be
expended for objects of a confidential nature,
such expenditure to be aoocunbed for aoletY
on the certificate of the Director of the
Offioe of Strategle Services and aviary zuh
certificate shall be deemed a sufficient
Touohnr fo:, the amount therein certifieitik"
2. (a) Thiki atatute hen not been sableet to court
oonstruction, End the only opiniot of the AttOMney General
4hich night mfer to it is in I OD. Atty. Oen. 545 where tize
rrellident iE advised that he !ay freely use fulds aNprepriated,
to the extent of one yearle fsa1er94 for the purmhaso of an
outfit Tor hs foreign niniatnr, John Adana. The 03inioa doe's
not refer to any'specific 1.tw or any specific appropriation;
but is indexed La the Zustios Department's card index ae
referring ts 14S. 2914
CO In 1802 a oonmittee was appointord in the House
of floprementntivcc "to inquire and report whether moneys
fc-nwn from the Treesury have been faithfully applied for the
nbieuts_for which they were enuropriated* ad rhether the
same have regularly acoounted for; and to report'Uk
wise, whether any further arkanaements are,noonsuary to promote
eeonom71 enforce adherence to legialative restitictione? and
secure the accountatility of persona entrusted with public
money." A report written by 11r. Zoseph B. Nieholson of
L74.ry1and vas vubmitted on April 29th, 1802. This report is
contained in Juor.can State linanoe Vol. 10 pp. 752-57.
764) 816,17; ithilifif-cif-C-0-.09 0 0 11159-750 The
reptyrt in roprodu70-ln Gontr61-arleA ral aeLtt,trea# a
Iv>ok publishty!i by the,' Br755Mgrrait-Itu on au.i 00E11=4 by
r..ed r. Powell. We have a copy of this book in our office, In
this report (P. 2056,- Control, supra) loertain exppnditures
werevbade undoDr the, abnye al-for secret sorviee activities of
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the War, Nan- t*,14 Stttte Departments', which were certified by
vouchers signed by the President, The committee he1d:this
an illegal exercine of the said act an the expenditures were
not shcwm to be for "oontingent expellees only of to:reign
interoourse." 'Oliver Wolcott in an Address 12t the Peo le of
the United all!e it reply to the Nicholsdrapor ?
wrizim-m?mrr-t-If Federal Ex ndituresn, lalayko) Justifia
his notton n encm.1., and spec ? ca y? in I1 9th point,
(Control, P. 325 et evq.1), with regard to "tie applicatiox
of money 11yr purposes a confidential natupei" Hit full
reply in this respeot, whieh quotes the applI,Leabls portion
of the Nicholson report, is attached hereto ne Attaehment A.
In thin reply he states:
"If ore of our ffavel Commanders, now in the
Uediterrenean, should expend a few, hundred
dollen; for intelligence respecting the
force of his enemy, or the measure meditated
by him, ought the present administration to
disallow the charge, or publIsh tho source
from whieb the intelligence was derived?*
(0) The Comptroller aeneral has congtrued the subject
set in two published decisions, and in a few unpublislled 'attars.
(i) Tho first publishsa Comptroller
doolhion construing the subjeot not in to
bs found In 2 C.C. 121. Here there w ..
voucher for $596.40 whicb was submitted by
the FJecretary of State to be paid out of
funds appropriated for *emergencies arising
in the diplomatic and consular service 1921?
ant which showed that the money was to be
1:ad because ot a deficiency in another
appropriation, 712: Act of June 4, 19200
41 Stet. 741 making an appropriation "Far
rsnt of quarters for student inteTpreters
attached ta the Embassy to apap." The
Sscretary of State, by direction of the
P:esident, oertified the voucher under the
vz.ovisions of tho subject act, stGting that
was an expenditure "the nature and objet of
w4ich* * * it is deemed inexpedient to make
kuowno"
The vouoher was diseXlowed by the Comptroller General
on the ground that:
*The character of tho emponse having boon
fully dineloeed by the vouchers * * * * neither
tno letter nor the purpose of the statute end
appropristitm extends them to after ellowanne
of payments in excess of reffulaff%y slAde smite/fie
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appropriations which heve been-regularly accountild
for on vouchere specifying the exact nature an&
amount of the expense. * * * * The lotto), of
tho law is to the offset that the Seeretery
may make le certificate of the amount of euch
expenditure as he may think it advisable ea
to specify. Tho oertiflcate4w4mtlatiAort
speeifiee lith particularity the exactAstplen4,,_
tures rhich ti,le certificate i designed to,
cover, thus conolusively negativing any
aseumptior that the ixptnnos were or the
oonfidential charaoter contemplated by the
intent and purpose of the law, which is to
eroteet expenditures which ths policy of the
State Department require* shall eeL be made
public."
In another part of the opinion (11,,, 12') the
Comptroller General makes the ntatemellti
*speaking generally and without rercrence
to the Mots and certification in the instant
caee, I may say that this Office reecignizes
to its full extent the discretionary power
conferred upon the Seereterrot State by
section 29%.- Revived Stetutee, and In no case
wiIU a certa.tionte made ?: the riziWgREEMI -
-67E747=?"V1TIrrhe fro ? --e;r1ErESKI?UT.FITIon
1171 n=-.aort of a pyiogtttrom tigpilKE4
aura-WM.1a a aes
(lincUiM7MIng aupp ?
(ii) A more narrovvtoastruotion or the,
nubject act TRS made by Coraptroller General,:
J. R. (o Carl in en unpublished letter?to thli
Secretary of Stnte, dated September 15, 1932,t
and filed with the General Itecounting Office
in M.S. Vol. 133, par,- 106$. The Seoretary of
State certified three vouchers under the::
;
provisions of the subject act which showed on
their feee that they were in payment of passage
on a rorelpi vessel fol! the Seeretary Of State
and theee ether individuals in his departmhnt.
The OomptrelLer refused to allow the vouehers
on the eroend that traVel on a foreign lessel
while on oftLoial Government businese was in
violation of roc:tier. 601 of tho Morohant Marine
Act of May 2, 1928, 43 Stet. 697,
The Secretary of State resubmitted the vonehers with
a letter mtnting:
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nou.etre ea
speatal efrawatana
trip the no count vaa pisit*.tz*:"th
? lemetzentries ailasingi.n thoDlpii
-
andotha
? Ottab tara ber
aostounted.'tor aiarti
-17f !Rtate under 136-otion291 of
-
Otututen **y
"To this the ocapteroutir
untenitted for pre.atalt disoloitestht the.
IR In 'view the Zarb- t
passage of George A. Moxloolcir :,Ettit?extia7
Itegniess A11enT KotZ and pe
?-upon the SS Te2/11
regivt771- 'tfie oartficate ,as..und.er
Itevised Statutes, that 'the
of which expenditure it :is atmme4
tot to jspecify/* IS not lan4terstoo
the Congress had= intent.ttOn',--tbiat Sect -29
Revised. Stetutes and thii:tlipittlxii4itt*
exargenolesilk theA:di,p1.001**
consular survioevl
&volt. ox *Ira:potent a stattito"i7
, 1113 in Section, 601 of the -Nerount' aaflAt
or to etroid the use ,lof
Tor expenven-if proper. ohtitr&a AAA'
-
? While Seetion313 of t
iaoeunting Act of Zuni). I *-3.
? exempts expentitteres nade--Auulo.
of Seetion. 291 of the-Bevil:4a ?gt
the requirements of...saia f3ou-tioi 3i. re_
to furnielaing inroritatiort-to-433;e:A0410
Generals it does mdt exelPt oh cw)1tiuis
,Trom the ttireoticon'in Aeotion 3
Act that:
. .
The Comtroller, Oeterel
?report to Congrees_eve-17------expe
oontraot made by any 4jteit
mant in any year in vitilatiow
itAcoorditay, you .Atre .-reves_
this ?tilos or :_;!..vy rews*ri. you
:.-submit why tho expend.#0476/3
isz( Xoeign
not be reported to the Congreliw
3121c) or Vult Budgety.an4')10,00
grpenditure.invl-i-llation-.pf
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(iii) In answer to a roeuest from the
Secretary of State an to whether, by virtue
of R. S 291, an appropriation for "Emergencies
arisino in the Diplomatic) end Consular Servioa,
1922o" could be used to pay the deficiency
In another appropriation entitled "Traneporta
ticu of Diplomatic and ConruIer Officers,
_1921, _tbs4 Sooreterv of Stfite 'was advisedsby
letter frces the-0t.Uptraleo"--11crisrol.-4att-6a - ?
September 141 19121 that thiP'reiiiilittiiitt'Vettad
be, approved it this instanes*
action is not to be taken ts sanntioning a
practice of using the emergency appropriation
it this my to meet deficiencies in other
appropriations."
(iv) In answer to a letter from the
Secretnry of the Navy an to whether certain
naval officers Iliac to render specific accounto
in certain instances -the iiumptroller General
ateted (U.S. vol) 74, Page 68): ?
"There are at present two olesees of
expenditares not required to be supported by
details, receipts', etc" and in both *lasses.
tht omission of tuch details, receipts, etc.
is specifically provided for by Statute.
Thc. first class covers expenditures by the
-Dapsrtasen of State_ which Anaaer_the erovisione
of Section 291, Revised Statutes, ere settled
by this office upon the oortificete of the
Secretary of State. The other class covers
expenditures from contingencies, Military
Intelligence Service, in which the act making
tho appropriation specifically provides for
certain payments to be made upon certification
of the Secretary of War. See 1.4, Stat. 1107."
(v) In a letter to the Seoretary of State
dnted 3an. 3, 1930, the Gomptraler Gen3ral
specified the form of voucher to be used
under R.3.. 291. After stating certain require?
ments as to numbering, stating the name of
disbursing officer', etc. he said that it would
then be in propsr form to complete the
accounting records in connection with this
form of expenditnre " at the aemm time.
would not disclose the na ure
tr.olLsW-m7ThWrscor nEr-7-77?$uppirrign
nip Vol.
page 74.
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411) ID 4. 70
(vi) Attention iv directed to the doetaiOn
of the camptroller ceneral dated Ptivar$120*
1945 (D0-46566) Published in 24 CloG0 544 Ithica
&leo vanstrues the subject act. Int hat *ace
it !olds that the disbursing offloor mai mitioi
per-Ant of vouohers unner the sub4let act
vithout auch payment having been aertlfted
in
ecoordanee with the provisions of 31 11%4NC.
:ITupp III* g2b and o The decision is based:
en the ftat thnt the sablcot Wt var; enacted
prior to 31 U,340, Supp %IX* 2be1si ot and.
that the esneral provislon of the latter ahouI4
not bo construed as affecting -the special,
provisions of r4s0 291whiph reguirni ibb4t
glover- such certifieate shall be deemed 4
tafilcient voiaaher for the um therein ex:preened
,Or.:0670e41, -
to have been enWn4edos Th,CjitrPU
states
'amrhis later iict
voiitains no Velkititta
skrior specilAl statutes itioit.
are not zo inmonaistent -With:00-
ot section 291) ReTisa4.5tetut4t0 me to,
aauul itn repeal by inp4oation4 On the
contrary* it well may be essuaed that Colle .
caTonditums nay be autLorized by the Secretary
of ntato under conditions no confidential '
thmt even the certiprinc; officer may-not,t0-':
infornod thereof an, of course* that ortiour
could nt.)t be roquired to neeopt fimal
responnibilit:t by certifying a volOhor. no-
roprasenting m lawful papment when ho Is not
informed of the object orliarpose of the
expoaditure, 40c:ordinary I have to 'advise
that 14.ha speoial statute as restated in
'31 7.S.Ca 107 is not ntfeCtet by Mut miebtArgraan
general -stsltute__of__Dseelaber 294 194 ?
Thus, there it a gumption. an .to whyther
lisbursaments of 0003 Alias aro mblfct to Os
provisions of either 31 U.S.C. Supplerwat
e2b or flP.e. '1:Sections I and 2 of the Aet Of
soo, 29* 19412 55 suit. 875) since the Xattor
act mo in force prior to the oss approprittlon0
31 reS.C. Suptlement TIT g2b prollitest
Ditabikrmine ?tapers (giant
a. disburse mano7.in n000ramme with
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or their delegats.
b. determine that Tr)uchers are fOrreOt,
and certified as above recorded,
o. be held accountable accOrdin
31 1,S?C4, Supplement XIX Ito provides*
Offioer certifying voucher shell:
a. bo held responsible :or existent:4*.
tcua aorrootnens o: facts Vaildtwi iu the
oertlficste-or-on-the vouaherv
(with regard to 0811 funds ....mient be
hold for eristente of truc, lonfidential purpolee)40
must give bond.
co be held accountable for illegal,
improper or Incorrect payments reeulting
from xialeading oartificate made by him,
as well RS for a payment notliegal obligation
tinder the approprfiation involv,d?
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