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![handle is hein.gao/gaobadtvi0001 and id is 1 raw text is:
WAPS H ; 1JG T 0N, D .C., 20 54 0
FILE: B-164766
MATTER
DIGEST:
DATE:
JUN 1 197£
OF:Payment of refund ordered by Court of Claims
in National Presto Industries, Inc. and World.
Aerospace-j6p. v. nIlted States
Order of Court of Claims directing refund
payment to be made to contractor upon sub-
stitution of bond under Renegotiation Act
may be certified for payment under 2 8 U. S. C.
§ 2517 and 31 U. S. C. § 724a, but only after
the appellate process is completed with re-
spect to that order. Refund m nay not be paid
from the appropriation established by 3. U. S. C.
725q-I, for l1efund of Moneys Erroneously
Received and Covered sinee original payment
was properly deposited into the Treasury as
miscellaneous receipts.
This decision is in response to a request from the Department of
Justice concerning the payment of a refr. nd to a contractor, pursant
to an order of the Court of C].ai .,s in National Presto Industries, Inc.
and World Aerospace Cof p. v.VTJni'tedceEl7, 7---, 30'---
asks fist whetFLEth& Ct-)roller General can law-
fully certify an. interlocutory oyder for payment pursuant to 31 U. S, C.
§ 724aand 28 U. S.C. § 2517. Ve are also asked whetier' such certi-
,4icati (m and payment can occur before the Solicitor General determines
whether to seek certiorari, or if certiorari is sought, be-Core the
Sulpre ne Court either de'nies certiorari or decides the issue. In
addition, the Department asks whether the refund ordered by the
Court may be lawfully paid frorn the account for 1Refund ozMoneys
rr'oneou sly Received and Covered (31 U, S. C. § 725q-lX or from
any other available appropriation. For the reasons that follow, we
believe that the order may only be paid under 31 U. S. C. § 724al~tnd
2l U. S. C. § 2517,+but only after the appellate process is completed
with respect to thai: order. The fund established by 21. U. S. C.
§ 725q-l+is not sa raila.bl.e for the payvmeni of the order, nor do we
know of any other appropriation fron ich the refud may be drawn.
In May, 1976, the Renegotiation Board determined that National
Presto lndustries, Ine. , and W-orld Ae-ospace Corp. had realized
$25. 4 mi.lliou in excess profits on cerin Department of ihe Arny
C7~'2~-~ ____ _________
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