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B-152554 1 (1975-02-24)

handle is hein.gao/gaobadceh0001 and id is 1 raw text is: *o.LER 4te I -IE DIECISION FILE: B-152554 THE COMPTROD.i.ER G AL OF THE UNITED STATES WASHINGTON, D. C. 20549 DATE: FEB 24197S MATTER OF: Expenditures for foreign disaster relief assistance in absence of appropriation DIGEST: Antideficiency Act: provision which permits employment of personal services in excess of that authorized by law in case of emergency involving safety of human life or protection of property does not authorize expenditures for relief assistance in foreign disasters in excess of amount appropriated to contingency fund for disaster relief. This decision to the Secretary of State is in response to a request of the General Counsel, Agency for International Development, for our decision regarding authorization for expenditures pursuant to section 451 of the Foreign Assistance Act of 1961 (FAA), as amended, 22 U.S.C. § 2261, when the applicable appropriation act has expired and a subsequent joint resolution continuing appropriations has not been enacted or has expired. The General Counsel suggests that section 3679(b), Revised Statutes, as amended, 31 U.S.C. 5 665(b), authorizes expenditures for disaster relief activities in less developed countries when the applicable appropriation act has expired and no continuing resolution is in effect. Sections 636(b) and 632(g) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 5 2396(b) and 2392(g) respectively, were also cited as possible authorities for disaster relief expendi- tures in the situation described. Section 451(a) of the FAA provides for a disaster relief con- tingency fund: * * * There is authorized to be appropriated to the President for each of the fiscal years 1974 and 1975 not to exceed $30,000,000, to provide assistance authorized by .this part primarily for disaster relief purposes, in accordance with the provisions applicable to the furnishing of such assistance. Section 101(b) of Pub. L. No. 93-324 (so-called Continuing Resolution) approved June 30, 1974, 88 Stat. 281, 282, provided obligational ( - 1 -

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