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B-207318 1 (1983-02-02)

handle is hein.gao/gaobadkwh0001 and id is 1 raw text is: 47, THE CO~MPTROLLER GENERAL ISI2A~~*K~POF THE UNITED STATES WASHINGTON. .C. 2 05 4 B FILE: B-207318 DATE: February 2, 1983 MATTER OF: Payment of Storage Fees--United States Marshals Service DIGEST: 1. After the Marshals Service takes custody of property seized by the United States pursuant to the execution of a warrant in rem, it becomes the obligation of the Marshals Service rather than the agency under whose substantive statutory autho- rity the goods w.ere seized to pay unpaid storage costs that are the responsibility of the United States Government. Since the Marshals Service has the statutory responsibility to seize and hold property attached pursuant to in rem action, the appropriations for the M4arshals Service should be used to pay such expenses. There is no authority in the legislation governing the Marshals Service or the other agencies involved, such as the Department of Agriculture or the Food and Drug Adinistration, that would allow those agencies to pay such expenses either initially as substitute custodian or by reimbursing the Marshals Service. 2. Permanent judgment appropriation, 31 U.S.C. § 1304 is not available to pay storage charges assessed against the United States, where the Marshals Service has the legal responsibility to pay such charges once it seizes the property pursuant to the execution of a warrant in rem. 6~/< I

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