B-308476, Federal Motor Carrier Safety Administration--Retention of Court-Ordered Restitution, December 20, 2006

B-308476 Dec 20, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Federal Motor Carrier Safety Administration (FMCSA) has no authority to retain the amounts of an award of criminal restitution that a federal district court ordered to be paid to FMCSA. The miscellaneous receipts statute, 31 U.S.C. 3302(b), requires that absent specific authority, federal agencies must deposit money received for the government into the Treasury as miscellaneous receipts. Although GAO recognizes a limited exception for certain amounts that constitute repayments, the restitution awarded here may not be characterized as such. Therefore, FMCSA must deposit money constituting the restitution award into the general fund of the Treasury. View Decision B-308476, Federal Motor Carrier Safety Administration--Retention of Court-Ordered Restitution, December 20, 2006 Decision Matter of: Federal Motor Carrier Safety Administration—Retention of Court-Ordered Restitution File: B-308476 Date: December 20, 2006 DIGEST The Federal Motor Carrier Safety Administration (FMCSA) has no authority to retain the amounts of an award of criminal restitution that a federal district court ordered to be paid to FMCSA. The miscellaneous receipts statute, 31 U.S.C. sect. 3302(b), requires that absent specific authority, federal agencies must deposit money received for the government into the Treasury as miscellaneous receipts. Although GAO recognizes a limited exception for certain amounts that constitute repayments, the restitution awarded here may not be characterized as such. Therefore, FMCSA must deposit money constituting the restitution award into the general fund of the Treasury. DECISION The Chief Counsel of the Federal Motor Carrier Safety Administration (FMCSA) requests an advance decision,[1] asking whether FMCSA may retain a restitution award ordered by a federal court. Letter from Suzanne M. Te Beau, Chief Counsel, Federal Motor Carrier Safety Administration, to Gary L. Kepplinger, General Counsel, GAO, Sept. 28, 2006 (FMCSA Request). The miscellaneous receipts statute, 31 U.S.C. sect. 3302(b), requires federal agencies to deposit into the federal Treasury any moneys received for the government. Although there are statutory and nonstatutory exceptions to the general rule, those exceptions do not apply to the restitution awarded to FMCSA. The agency lacks statutory authority to retain the restitution, and the award does not qualify as a repayment. Bound by the provisions of section 3302(b), FMCSA must deposit the restitution award in the general fund of the Treasury as soon as practicable. BACKGROUND FMCSA, an administration within the Department of Transportation, is responsible for improving the safety of commercial vehicle operations. See 49 U.S.C. sect. 113(b). As such, FMCSA's –primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.— Federal Motor Carrier Safety Administration, About FMCSA, available at www.fmcsa.dot.gov/about/aboutus.htm (last visited Dec. 12, 2006). In carrying out its function, FMCSA issues and enforces motor carrier safety regulations concerning specified commercial trucking and bus operations. See 49 U.S.C. sect. 113(f). A trucking company's officers recently pleaded guilty to violating Department of Transportation regulations regarding maintenance of false logs, as well as a criminal statute concerning conspiracy to commit false statement offenses. FMCSA Request. Accepting the plea, the United States District Court for the District of Nebraska ordered, among other penalties, the defendants to pay restitution to FMCSA in the amount of $20,000. United States v. Vyhnalek, No. 19168-047 (D. Neb. Jan. 4, 2006); United States v. Vyhnalek, No. 19167-047 (D. Neb. Jan. 4, 2006); United States v. Crawford, No. 19166-047 (D. Neb. Jan. 5, 2006). FMCSA explains that the restitution was ordered to –compensate the agency for the costs of investigation [, including] time spent by FMCSA investigators and attorneys developing the case for submission to the U.S. Attorney, and support for the prosecution as needed.— Te Beau Letter. FMCSA received and deposited an initial payment of $4,000 from the defendants into a budget clearing account. FMCSA Request. DISCUSSION The question before us is whether FMCSA's retention of court-imposed restitution would violate the miscellaneous receipts statute, 31 U.S.C. sect. 3302(b), which requires federal agencies that receive any money in addition to appropriated funds to deposit those amounts into the general fund of the United States Treasury. See 47 Comp. Gen. 70, 72 (1967). Specifically, the statute requires those receiving –money for the Government from any source [to] deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.— 31 U.S.C. sect. 3302(b). Retention of such funds without authority would constitute an improper augmentation of the agency's appropriation.