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B-133316 1 (1978-10-31)

handle is hein.gao/gaobadgnd0001 and id is 1 raw text is: I 'rHr CONIPWr4CJL-1flPi OENrflAL 1~~ ~ S k Q 7_OrFTNMUL rI LiNITL f TlAT U;B t'WAhI-fIt4NTf0lN. n. D I n1DF FILE: B-133316 DATE: Octobor 31, 1978 MATTEF OF: Currency Exchange Rate Fluctuations DIG EST: Agency is prohibited by Anti-Deficiency Ace from making payments in excess of funding limitations. Fact that limita- tions must be exceeded to mAke contract payments because of fluctuation in cur- rency exchange rates and not through fault of agency does not justify ex- ceptions to Act. In such situation, agency must ask Congress for deficiency appropria- tion. The Department of the Army has requested our opinion as to whether a violation of 31 U.S.C. 665 (1970), the so-called Anti-Deficiency Act, occurs when, in connection with contract paym'ents to be made in foreign currency, a statutory or regulatory funding limitation is exceeded due to fluctuations in the exchange ratas for the foreign currency. The statute provides that: (a) No officer or employee of the United States shall make or authorize any expenditure from or create or authorize an obligation under any appropriatibn or fund in excess of the amount available therein; nor shall any uch officer or employec involve the Government in any contract or other obligation, for the payment of money for any purpose, in advance of appropriations made for such pur- pose, unless such contract or obli- gation is authorized by law. (h) No officer or-employee of the United States shall Authorize or create any obli- rt in c *nvc ' . .. U

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