Date: 1982-12-02
Speaker: WILLIAM E. FOLEY (democrat)
Chamber: H

Director. Administrative Office of the U.S. Courts. Washington. D.C. DEAR MR. FOLEY: We have been informed that. effective October 1. 1982. the Contract Services for Drug Dependent Offenders pro. gram has been suspended. It is our understanding that you determined that such action was required because H.R. 39063. a bill authored by Mr. Hughes to extend the period for which funds are authorized to be appropriated for this program. has not been enacted. You are to be commended for your dedication to the rule of law and for your determination that governmental functions. however meritorious. cannot be continued if they are not authorized by law. However. our own analysis of the facts and law concerning the Drug Dependent Offenders Act leads.us to a different conclusion than that which you have reached. We offer our review and conclusions for what ever consideration you see fit to give them. Congress has. in a number of ways. expressed its intent that contract services continue to be made ayailable for supervisory aftercare of drug addicts and drug dependent offenders. Statutory authority for the program is permanent legislation (18 U.S.C. 4255). as is the authority (18 U.S.C. 3651) for courts to require addicts and drug dependent persons to participate in such programs. Under such circumstances and in the absence of an expression of Congressional intent that the program not be continued. it seems appropriate to continue the activity. so long as funds are available. even after the expiration of authority for new appropriations. In fact. Congress has not only failed to express an intent that the program be terminated or suspended. but has taken steps to reaffirm its mandate that the aftercare program be carried out. First. both Houses have passed identical legislation to extend the authorization for appropriations for the aftercare program. But for the fact that the two Houses are in disagreement concerning an unrelated amendment offered by the Senate. H.R. 3963 would have been by now submitted to the President. Second. and perhaps most importantly. Congress has provided new funding authority for the aftercare program. H.J. Res. 599 (P.L. 97276). the Continuing Resolution adopted on October 1. appropriates amounts "necessary for continuing projects or activities . . . which were conducted in the fiscal year 1982 and for which appropriations. funds or other authority would be available in the following appropriations Acts" (citation includes the Commerce. Justice. and State. the Juduciary. and Related Agencies. Appropriation Act of 1983. and that Appropriation Act contains. in both the House and the Senate bills. money for the after care program.) As indicated above. we do not believe that authority to perform the drug aftercare functions has expired. only the authority for new appropriations. However. even if authority for the program itself had expired. decisions of the Comptroller General hold that appropriation of funds. such as took place in H.J. Res. 599. "confer the necessary authority to continue the program during that period of availability. in the absence of contrary intent. A Continuing Resolution has the same force and effect as an appro. priation act." 55 Comp. Gen. 289. at 292. In summary. Congress has established the aftercare program as a part of permanent legislation in title 18. United States Code. Both Houses have approved legislation to provide authority for three more years of appropriations. and money has been appropriated to provide temporary additional funding for the program on the same basis as other programs covered in the Continuing Resolution approved by the Congress and signed by the President last week. Sincerely.