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B-289903 1 (2002-03-04)

handle is hein.gao/gaocrptaoeb0001 and id is 1 raw text is: 




          G    A     0                                                 Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548




          B-289903



          March 4, 2002

          Mr. Robert F. Benson
          6150 Stornoway Dr., S.
          Columbus, Ohio 43213

          Subject: Gifts of Goods and Services to the Government

          Dear Mr. Benson:

          This responds to your January 7, 2002, letter to Ms. Kathleen E. Wannisky of our
          Office asking whether federal agencies may accept gifts of goods or services from
          private sources. The Comptroller General is authorized to issue decisions on
          appropriations law matters only to disbursing and certifying officers and heads of
          agencies, 31 U.S.C. § 3529. We provide you with the following information in the
          hope that you will find it useful.

          The general rule is that without statutory authority, an individual government agency
          may not accept gifts of goods or services for its own use (i.e., for retention by the
          agency or credit to its own appropriations). This is to prevent a government agency
          from exceeding the amount that Congress has appropriated to it. Contribution of
          Telecommunications Services to the D.C. Courts, B-286182, Jan. 11, 2001. The only
          way that an agency can accept free goods or services would be if the particular
          agency receiving those goods or services has specific statutory authority to accept
          such donations.' 16 Comp. Gen. 911 (1937). Moreover, as you point out,

          'For example, 2 U.S.C. § 156, which authorizes the Library of Congress Trust Fund
          Board to accept gifts from private sources, provides:

                The Board is authorized to accept, receive, hold, and administer such
                gifts, bequests, or devises of property for the benefit of, or in
                connection with, the Library, its collections, or its service, as may be
                approved by the Board and by the Joint Committee on the Library.

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