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Act of 1976 (Public Law 94-329: 90 Stat. 7381. was redesignated as subeec. m by sec. 12 of Public Law 96-92. V m6"'S';ie 1f;:;§!,'2flCe to the authority under chapter :23 was added by sec. 3 of Public Law 97-392 . V t.. -' . “ A“ 3ddm°|"3l‘ |'PP0m'n‘¢ requirement re'ga—rd-ing the impact of sales or transfer: of defense. articles from the United States
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during iscal year 1985. For complete text of sec. 100?. see page 656. "Sec. 8026 of the Department of Defense Appropriations Act. l986 (sec. 10l(b) of the Continu- ing Appropriations Act. 1986: Public Law 99-190. 99 Stat. 1206) stipulated that no funds provid- ed under that Act shall be "available for the planning or execution of programs which utilize amounts credited to De: rtment
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i CR5-14 tee on Foreign Relations of the Senate concerning any instance in which any United States person (as defined in section 77 Ol(a)( 30) of . the Internal Revenue Code of 1954) is prevented by a foreign gov- ernment on the basis of race, religion, national origin. or sex, from participating in the performance of any sale or licensed transaction under this Act. Such reports shall include (1
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) of the Internal Revenue Code of 1954) from participating in the furnishing of defense articles or defense services under this Act on the basis of race, religion, national origin, or sex. i (b)(1) No agency performing functions under this Act shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account
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Stat. 741). ""l'he reference to defense services or design and construction services was added bgusec. l05(d)l2XC¥ix) of the International Securityand Development Cooperation Actof 1980 ( blic Law 96-55-33: 94 Stat. 3135). 99%: regard -to the sale -to -Jordan of advanced weapons systems. see Public Law 99-162. ". 1 . . '
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;'oint" restitution instead ofa "concurrent" re.-solution were added by Public Law am-;:«t‘.'. tiiii . int. ‘.3 "‘This sentence was added by l‘.Ni:t of the lnternationnl Secui-it_v .'\.*.~5|:"CiIflt't' .-\ct of I97!) iPublic Law 136-532; 29:: Stat. ‘.'ii9i ’ "'The words to this pain! beginning with except that for purposes of ' " "' were
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services under section 22, or of design and construction services under section 29 ”5 of this Act; or '" Sec. 11941:) of the international Security and Development Cooperation Act of i985 (Public Law 99-83; 99 Stat. 203) raised the amount of the fine to $1,000,000’ and added the limitation “for each violation". Previously the fine was “not more than $100,000". It further raised
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the waiver.". (bl O-man Goons AND Tzcimonocv.-—Section 6(i)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) is amended by’ striking out “$7,000,000" and inserting in lieu thereof ‘$1,000,000’ . * ‘ As added bY 5€Cti0n 509. Omnibus Diplomatic Security and Ad‘-'53“-'°f'~5m Act of 1986, P.L. 99-399 lH.R. 4l5l]° August 27 1986
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to sec. 29 was added by sec. lofilell) of the lnternational Security and De- velopment Cooperation Act of 19941) «Public Law 96-538: 94 Stat. 2¥l:l."a). V '"The words to this point beginning with "under section Ztcbn iexcluding" were added by sec. 2511110! the FA Act of 1973. ' "‘ Subsec. (c9 was added by sec. 104th! of the lnuernational Security and Development Coop
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;c' of the lnternational Security and Development Poppers- tion Act of 19>“? vPublic Law !W~-'-llll. ‘H St.-it Mimi ‘" Par. I33. as amended by sec 2.’! of Public Law ‘)6-92 mil Stat. ‘ill?! and sec lnfiai of Public law 96-533 494 Stat. Lllilfiv. was repealed by sec. [M iii’ the lnternationa-I Security and Develop- ment Cooperation Act of It"! ~Puhlic Law '.I‘.’-ll:t_ 0:’. Stat. I
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and Development Cooperation Act of 15”“) (Public Law! 9“-='»-'13‘. in .-‘amt ;:t::m add:-cl tho» parmgmph dc-eugnntmn "Ilv". made several technical changes to par iii. and add!-oi no--av pars V.” and I2!»
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, or design and construction services described in a numbered certification submitted under this subsection costs $14,000,000 or more inthe case of any major defense equipment, $50,000,000 or more in the case of defense articles or defense serv- ices, or $200,000,000 or more in the case of design or construction services, then the President shall submit to the Speaker of the House of Representatives
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or licensed pro-S De"'Th_e reference to sec. wasadded by sec. 1054912! B) "of the International Security and ."f'lf> ultjegtccgggelration Act of 1980 «Public Law 96421333: 94 Stat. 3l:";:'sl. I '- . . .1 .. \ sh;;'Tl\e Words "but.; subject to the provisions of subsection lb! of this section. consideration m 3'30 be given” were substituted in lieu
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CRS~72 rule is specifically written into the "user charge" statute cited above, it applies with equal force in other situations where reimbursement is authorized or required by law. 16 Comp. Gen. 195 (1936); 24 Comp. Dec. 694 (1918); 22 Comp. Dec. 253 (1915); 22 Comp. Dec. 60 (1915). However, in very limited circumstances, a reimbursement may qualify as an authorized repayment even
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remains dependent upon the congressional apropria- tion process. Viewed from this perspective, 31 U.S.C. 5 484 emerges as another element in the statutory pattern by which Congress retains control of the public purse under the separation-of-powers doctrine. See 51 Comp. Gen. S06, S07 (1972). Accordingly, for an agency to retain and credit to its own appropriation moneys which it should have deposited
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. Receipts that qualify as "repayments" to an appro- priation may be retained to the credit of that appropriation and are not required to be deposited into the General Fund. 5 Comp. Gen. 734, 736 (1926); 6 Comp. Gen. 337 (1926); B-138942-O.M., August 26, 1976. These exceptions are embodied in Treasury Department-GAO at ~Joint Regulation No. l (issued pursuant to 31 U.S.C. S 66c and included
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‘4V>—_+=—‘.A__,:,‘_,,, A’ __;_A_V _% ___>‘< V A A ' CR5-69 ’ (2) Disposition of Moneys Received: Repayments and Miscellaneous?Receipts: A very important statute in the overall scheme of Government fiscal operations is 31 U.S.C. 5 484, known as the "miscellaneous receipts" statute. Originally enacted in 1849 (9 Stat. 398), 3l U.S.C. 5 484 provides: "The gross amount
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CRS-7 3 rule: An agency must deposit into the General Fund of the Treasury any funds it receives from sources outside of the agency unless the receipt constitutes an authorized repayment or unless the agency has statutory authority to retain the funds for credit to its own appropriations. The remainder of this section will summarize a number of the cases, groupeda into subject categories where feasible. The editors emphasize that the cases below represent a sampling and not an exhaustive compilation. ‘ '.k.* at Fees and commissions Fees and commissions paid either to the Government itself or toga Government employee for activities relating to official duties must be deposited in the Treasury as miscellaneous re- ceipts absent statutory authority to the contrary. In the case of fees paid to the Government, the result is a simple application of 31 U.S.C. 5 484. Thus, the Comp- troller General has held that the following items must go into miscellaneous receipts: Money not received "for the use of the United States" The requirement.of 31 U.S.C. 5 484 applies by its terms to money received "for the use of the United States." Although the Comptroller General has not attempted to define the phrase "for the use of the United States" in any detail, its scope, consistent with the statutory purpose, is broad. There is no distinction between money received for the use of the United States and money received for the use of a particular agency; such a distinction would largely nullify the statute. Money properly held by a Federal agency in a trust capacity is not money received "for the use of the United States" for purposes of 31 U.S.C. 5 484. Thus, money
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CRS-68 The augmentation concept manifests itself in a wide variety of contexts. One application, discussed in Chapter 2 of this Manual, is the prohibition against transfers be- tween appropriations without specific statutory authority. An unauthorized transfer is an improper augmentation. §Li" 23 Comp. Gen. 694 (1944); B-206668, March 15, 1982. It“should related to the in Chapter 3
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to individuals other than the overcharged customers, the Department would not be holding the funds in trust and must deposit them as miscellaneous receipts. 60 Comp. Gen. 15, 26-27 (1980). In B-205901, May 19, 1982, a railroad had furnished 15,000 gallons of fuel to the Federal Bureau of Investiga- tion for use in an undercover investigation of thefts of diesel fuel from the railroad. The railroad and FBI
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