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B-257579 1 (1994-09-22)

handle is hein.gao/gaobadofb0001 and id is 1 raw text is: /5 Q6L75 o the Uniud Sn. Weupns., D.C. SOW Decision Matter or: Recovery by the Administrative Office of the United States Courts of Offsetting Receipts Transferred to Fiscal Year 1989 Appropriation in Excess of the Amount Needed File: B-257579 Date: September 22, 1994 DIGEST The Administrative Office of the United States Courts (AOUSC) may recover the amount of offsetting receipts transferred from a special fund receipt account established pursuant to 28 U,S.C. § 1931 that exceeded the amount needed for purposes of the transferee fiscal year 1989 appropriation. DECISION The Administrative Office of the United States Courts (AOUSC) asks whether offsetting receipts initially deposited in a special fund receipt account (special fund) and then transferred to the credit of a fiscal year 1989 appropriation may now be recovered and redeposited in the special fund, the balances of which are available until expended, The AOUSC's question arises because obligations against the fiscal year 1989 appropriation have been adjusted downward and therefore the amount of offsetting receipts previously vredited to the fiscal year 1989 appropriation exceeded the amount needed. We conclude that the offsetting receipts transferred but not needed for purposes of the fiscal year 1989 appropriation may be recovered and redeposited in the special fund. Background Section 407(c) of the Judiciary Appropriation Act,' 1987, Pub. L. No. 99-591, 100 Stat. 3341-61, 3341-63, allows the judiciary to retain civil filing fees as offsetting collections. but makes their availability for obligation and disbursement conditional on annual appropriations. Section 407(c) of that Act amended Chapter 123 of title 28, United States Code, by adding: ' The Judiciary Appropriation Act is the name of Title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act.

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