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B-204049 1 (1982-07-01)

handle is hein.gao/gaobadtph0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE ; :7WASHINGTON, D.C. 20 48 0MPC2Z 01' GstERAL COU14SCL B-204049 July 1, 1982 The Honorable Robert P. Nimmo Administrator of Veterans Affairs Dear Mr. Nimmo: This is in response to a request for an advance decision requested by Dr. Donald L. Custis, while he served as the Acting Administrator of Vet- erans Affairs, concerning his authority to refund parking fees to employees of the Veterans Administration (VA). Dr. Custis inquired about such au- thority in light of the district court's decision in American Federation of Government Emloyees, AFL-CIO v. ,498 F. Supp. 651 (D.D,. 1980), which held that President Carter's paid parking program for Federal employees, an energy conservation measure, was implemented without congres- sional approval in violation of the Energy Policy and Conservation Act, 42 U.S.C. § 6201 et s. In connection with its decision, the district court subsequently directed restitution of all Tonies Federal erployees paid to the Goverrment as parking fees under the program, but stayed pay- ment of the refunds pending appeal of its decision. In light of the fact that the Administrator of Veterans Affairs is authorized, independent of the President's program, to collect parking fees at VA centers, Dr. Custis wished to know whether he could lawfully refund fees collected from VA employees. Dr. Custis's concern was that VA eployees not be treated differently in the event that refunds were ordered for the rest of the Government. Subsequent to Dr. Custis's submission, the court of appeals reversed the district court decision. American Federation of Government ETloyees, AFL-CIO v. , 669 F.2d 815 (D.C. Cir. 1981). Consequently, Federal employees at other agencies are not entitled to, and will not be receiving parking fee refunds. Therefore, we believe that Dr. Custis's question of whether or not the Administrator has authority to make similar refunds at VA is moot. However, we note that Dr. Custis's submission correctly stated our previous rulings that refunds can be made from the Treasury only when fees were erroneously or unlawfully collected and deposited. Accordingly, no further consideration will be given to this matter. Sincerely yours, ( Harry R. Van Cleve Acting General Counsel

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