About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-165731 1 (1977-12-28)

handle is hein.gao/gaobadvaf0001 and id is 1 raw text is: 


    %888
o,   .               COMPTROLLER GENERA OF THE UNITED STATES
                                WASHINGTON. D.C. 20!48





     B-165 731


     The Honorable Charles E. Grassley

     House of Representatives

     Dear Mr. Grassley:

          This is in response to your request for our opinion on whether a
     proposed Renegotiation Board rule change, eliminating the present
     exemption for contracts awarded pursuant to the Foreign Military Sales
     Act of 1968 (22 U.S.C. §§ 2751 et seq.) from the requirements of the
     Renegotiation Act, would violate the intent of Congress in appropriating
     $6 million to the Renegotiation Board for fiscal year 1978. Pub. L.
     No. 95-86, 91 Stat. 419, 439 (August 2, 1977). You point out that
     during floor discussion of the appropriation in question, the Chairman
     of the House Subcommittee on State, Justice, Commerce, and Judiciary
     Appropriations stated that the funds were to be used for the sole
     purpose of eliminating the backlog of filings pending at the Renegola-
     tion Board. The proposed regulatory change, however, would have
     the effect of increasing the Board's work load.

          Under the Renegotiation Act, 50 App. U.S.C. §§ 1211 et se (1970),
     the function of the Renegotiation Board is to eliminate excessive
     profits derived by private parties on contracts with the United States
     which are related to the national defense. Renegotiation is conducted
     on the basis of aggregate fiscal year receipts and accruals from sales
     to the Government that are subject to the Act. The provisions of the
     Renegotiation Act do not apply to:
          Any contract which the Board determines does not
          have a direct and -immediate connection with the
          national defense. The Board shall prescribe regu-
          lations designating those classes and types of
          contracts which shall be exempt under this para-
          grap'h; and the Board shall, in accordance with
          regulations prescribed by it, exempt any individual
          contract not falling within any such class or type
          if it determines that such contract does not have

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most