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B-210210 1 (1983-09-14)

handle is hein.gao/gaobadlht0001 and id is 1 raw text is: ~2~7 ' \ THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES ~j~iWASHINGTON. 0. C. 205.48 FILE: B-210210 DATE: September 14, 1983 MATTER OF: Commodity Futures Trading Commission-- Donations under Settlement Agreements DIGEST: The Commodity Futures Trading Commission lacks authority to adopt proposed practice of accepting a charged party's promise to make an educational donation as all or part of a settlement agreement. Donations would be contractually tailored to aid in the ful- fillment of one of the Commission's statutory goals, establishing and maintaining research and information programs. Such donations are not reasonably related to prosecutorial authority. This decision is in response to a request for our opinion regarding the legality of the Commodity Futures Trading Commission's (Commission) proposed new policy for the settlement of cases brought under prosecutorial power provided it by the Commodity Exchange Act, as amended, 7 U.S.C. § 9, 13b (1976). The proposal would allow the Commission to accept a charged party's promise to make a donation to an educational institution as all or part of a settlement agreement. The donation, as committed under the settlement agreement, would, in turn, aid in the ac- complishment of one of the Commission's statutory func- tions: to establish and maintain research and information programs to * * * assist in the development of educational and other informational materials regarding futures trad- ing * * *. 7 U.S.C. § 22(a) (1976). The Commission perceives the proposal as a way of achieving its educational. goals by means other than its own direct fiscal outlays. The promise to make such a donation as part of a settlement agreement would not in- volve an actual transfer of funds to the Commission. As explained below, we conclude that the Commission would exceed its prosecutorial authority were it to implement the proposed policy. In its request, submitted for the Commission by its General Counsel, the Commission asks that we consider whether /

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