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B-147196 1 (1965-04-05)

handle is hein.gao/gaobadanc0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 D-47196 -April 5, 1965 Dear M. Secretary; This to In reference to letter dated FebrUary 5, 1965, and enclo- sure, from the Deputy Under Secretary of State for Aainistration, replying to letters dated NSvember 3 and 10, 1964, fre the International Operations DLvisioa of our Office questioning the validity of obligations establishod against appropriations for the fiscal years 1963 and 196.4 respecting lour contracts entered Into by the Department of State in connection with the hited States Migation and Refugee Assistance Pro- graa. It is stated in the letter that it Is the Department's opinion that the queatione4 obligations meet the criteria set forth in sec- tion 1311 of the Supplemental Appropriation Act of 1955, as amended, 31 U3 .C. 200, and a deiasion in the mtter is requested. Betore considering the contracts in relation to obligations within the provisions of 31 VIS.C0A 200 no believe It would be helpfol to clarity the record as to the fiscal year availability of the funds appropriated to yor Departmnt for carrying out the progrms Section 2(e) of the Migratioa and Refuges Assistance Act of 1962, approved June 28, 1962, Pub. t, 8T-510, 76 Stat 121 provided in part flo4s appropriated for the urposes of this section shall remain available until expended. Although this language was repealed. by the Foreign Assistance and Related Agencies Appropriation Act, 196%, approved Otober 7, 1964, Pub. L, 8863, 78 Stat. 1015, 1021, it wes in effect during the period the contracts na questioned were executed, However, the language in the basic authorization act purporting to govern the availability of funds provided in an appropriation act on a fiscal year basis, standing alone, yaw not sufficient to accsplish such purpose for the reasons herelaafter outlined. The contract amounts in question were charged against fiscal year 1963 and fiscal year 196? appropriations provided by the freign Aid and Related Agencies Appropriation Act, 1963, approved October 23, 1962, Pub. L 87-872, 76 stat. 116, 1167, and the Foreign Aid and Related Agencies Appropriation Act, 196, approved January 6, 1964, Fab. Z.. 88-258, 77 Stat. 857, 862, respectively, In each appropriation act the enacting elause contained the usual language stating that the funds were appro- priated for the particular fiscal year iwolved, and the language under the headiag Migration and Retfugee Assistance in eath of the acts is in material part as follars: Fr expenses, not otherwise provided for, nec- esary to enable the Socretary of State to jprovide assistance to refugees, as autborised by law, including

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