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B-209650-O.M. 1 (1983-07-20)

handle is hein.gao/gaobadwbh0001 and id is 1 raw text is:                             DIGEST-A-.kY -y
       STATES GOVERNNMENT         GENERAL ACCOUNTING OFFICE
 Mel morandu m..

n O       9   ior Dens            July 20, 1983
    )3    Director, Defense Budget Task Force -Werner Grosshans


                                  *iLrftv 4L 4j
        Acting General Counsel - Harry/R. Van Cleve

                Do not aoke ava.jL.le to publie readio.
        Liquidating Current Year Liabilities Wi     fund.
        Credits From-Prior-Years--Activities--B-209650-O.M.

      You have asked for our.opinion on whether the Department
of the Navy can use credits resulting from overcharges in
prior years to pay for current fiscal year operating ex-
penses. We conclude that such use of the credits is not
permissible.

    .I-According to the facts you -have described, the public
    rks department at Oceana Naval Air Station, Virginia Beach,
  r.'inia, overpaid its electric utility bills to the Virginia
  dfctric and Power Company (VEPCO) from the period October
  78'through October 1981. The overpayments total
  422,618.73.' Broken down by fiscal year, they consist of
  $147,572.34 overpaid in fiscal. year 1979; $131,118.00 in fis-
  cal year 1980;$P, 3,234.25, inj fscal year 1981; and $694.14 in-
  fiscal year 1982,           1 t__                           e         V
  choice of whether o   ed                h   -     n6r-a .     .   of o .......
  refund in the for-_m~i_-.                k h~i~~&L VPQt-hT~~
  ury. The Navy.. cho     011- f(ir te &tdtal     t               tO -
  began using.on Decembr   1981. ...


     As a general rule, collections by Federal agencies from
 Whatever source must be deposite- into the Treasury as miscel-
 aneous receipts under 31 U.S.C.§ 3302 (formerly S 484).
,Rowever, collections which represent repayments to appropria-
tions, either reimbursements or   funds, are treated differ-
ently. Refunds are defined in 7VAO Policy and Procedures
hManual S 13.2(2), as follows:

          (2) Refunds. Refunds are repayments for
     excess payments and are i:o be credited to the
     * appropriation or fund accounts from which the
     excess payments were made. Unlike reimburse-
     ments, refunds must. -be directly ;related .to- pre--  .
     Viously recorded expenditu resand ---&rIe-ductions
     of. such expenditures..

 th sectfont.3.3 of the Pofl[cy and Probedures Manual states
      [r]epayments are properly for credit to the appropria-
      accounts originally charied or to the successor




L       --5

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