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B-225008 1 (1987-02-24)

handle is hein.gao/gaobadtom0001 and id is 1 raw text is: Comptroller General of the Unted States Washington. D.C. 20548 B-2,,.5008 February 24 198 The Honorable David L. Boren United States Senator 621 N. Robinson Oklahoma City, OK 73102 Dear Senator Boren: This is in response to your letter dated December 30, 1986, forwarding to this Office a suggestion you received from Mr. Dick Rudolph, Secretary for the Oklahoma Tourism and Recreation Department. Mr. Rudolph asks if goods seized by Federal agents and customs personnel can be donated to non- profit organizations for legal fund-raising activities. You sought our views regarding the possibility of using this property in this manner. It has uniformly been held in the decisions of the courts and the opinions of the Comptroller General and the Attorney Gen- eral that Article IV, section 3, clause 2 of the Constitution of the United States gives the Congress exclusive jurisdic- tion to dispose of real or other property of the United States.1! This includes property forfeited to the United States as a result of the conduct of its various law enforce- ment activities. Therefore, without express or reasonably implied statutory authorization, the head of a department or agency of the Government is powerless to dispose of the property of the United States. Prior to 1984, under the authority of sections 303 and 304 of the act of August 27, 1935, as amended, 40 U.S.C. S& 304h and 304i (1982), law enforcement agencies seizing property, or I/ See e.g., United States v. , 27 Fed. Cas. 149, No. 15,879 (C.C.D. N.Y., 1826); v. Marshall, 61 U.S. (20 How.) 558 (1857); Wisconsin R. Co. v. County, 133 U.S. 496 (1890); v. United States, 220 U.S. 523 (1911); Royal Indemnity Co. v. United States, 313 U.S. 289 (1941); 34 Op. Atty. Gen. 320 (1924) and opinions cited therein; and B-191943, Oct. 16, 1978; 50 Comp. Gen. 63 (1970); 44 id. 824 (1965); 38 id. 36 (1958); 25 id. 909 (1946); 22 id. 563 (1942); 15 id. 96 (1935); and 14 id. 169 (1934). 1 '7 3

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