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B-243710 1 (1992-02-10)

handle is hein.gao/gaobadnzy0001 and id is 1 raw text is: Comptroller General /1 4ofthje United States Washington, D.C. 20548 Decision Matter of: National Technical Information Service - Usa of Customer Advance Deposits For Operating Expenses File: B-243710 Date: February 10, 1992 DIGEST Under 15 U.s.C9 § 1526, funds advanced to the National Technical Information Service by its customers are not available for the Service's operating expenses unless directly related to services performed or to be performed. To the extent the Service incurred expenses exceeding its actual obligational authority it violated the Antideficiency Act and should report to the President and the congress as required by 31 U.S.C. § 1351, DECISION The Deputy General Counsel, Depart:-ent of Commerce, asks whether the National Technical Inf_-rmation Service (Service or NTIS) may continue to charge ohLigations for its operating expenses against funds advanced by its customew's for publications and other services. As discussed in moe detail below, we conclude that under 15 U.S.C. § 1526 advanced funds are not available for operating expenses unless directly related to services performed or to be performed. Because in the past the Service charged expenses against these advances, it incurred obligations exceeding its obligational authority. It thus violated the Antideficiency Act, and should report to the President and the Congress as required by 31 U.S.C. 5 1351. BACKGROUND The National Technical Information Service, an operating unit of the Department of Commerce, acts as a clearinghouse for the collection and dissemination of scientific, technical and engineering information generated by various government agencies. 15 U.S.C. §§ 1152 and 3704b(e)(1988). The Service normally does not receive annual appropriations for its operating expenses. Rather, the Congress intended the Service to be self-sufficient, and authorized it to establish a schedule of fees for services performed or

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