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B-162337-O.M. 1 (1967-10-02)

handle is hein.gao/gaobadatr0001 and id is 1 raw text is: 


                    UNITED STATES GENERAL  ACCOUNTING OFFIC
                              WASHINGTON, D.C. 20548i


EFENSE DIVISION                                            SEP 7   1967

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          General Counsel        E. n                  r-


          A decision is requested regarding a procedure incorporated in
     Department of Defense Directive 7410.4, Regulations Governing Indus-
     trial Fund Operations, dated March 13, 1967, which generally requires
     that proceeds from the  sale of .scrap be deposited -to the-industrial fund.
     In addition to the question of  legality, the effect of the DOD procedure
     would be to  increase an industrial fund corpus without going through the
     appropriation process, particularly in any case where a substantial
     amount  of scrap is generated under a project and sold. Since this direc-
     tive has been  submitted to the GAO by the DOD for approval under Section
     112(b)  of the Budget and Accounting Procedures Act of 1950, an approval
     by us  of this directive would be an acceptance of this procedure.

          A  decision is requested as to whether net proceeds from the sale of
      scrap should properly be credited to the industrial fund for disposition
      at the Fund's discretion, to a miscellaneous receipts account of the
  .   Ti-easury, or to the O&M or Procurement appropriation of the customer from
      whose materiel the scrap was generated, where such credits can be identi-
      fied.  (The procurement appropriation would be involved where the indus-
      trial activity performed modifications, rather than repairs. See para-
      graph VI.C., DOD Instruction 7040.5, September 1, 1966).

           Paragraph VII.F. of DOD Directive 7410.4 requires that:

                Proceeds from sale of scrap shall be deposited to the
           industrial fund when such property is held in the fund *  and
           shall not be deposited in the Treasury as miscellaneous receipts.

           In 31 U.S.C. 487, Proceeds of sales of materials, it provides that

                All proceeds of sales of old material, condemned stores,
           supplies, or other public property of any kind, except *  as
           provided in Section 485 of Title 40, or in  other law, shall be
           deposited and covered into the Treasury as miscellaneous receipts.

           The exception cited, 40 U.S.C. 485, Proceeds from transfer, sale,
      etc., of property, states in part (c) Credit to reimbursable fund or
      appropriation on certain transactions, that:


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