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B-284143 1 (2000-04-10)

handle is hein.gao/gaobacxjc0001 and id is 1 raw text is: 






United States General Accounting Office                          Office of the General Counsel
Washington, DC 20548

         B-284143

         April 10, 2000


         Mr. John W. Leonard
         Budget  Officer
         U.S. Army Engineer District, Seattle
         P.O. Box 3755
         Seattle, WA 98124-3755

         Subject: Saint Martin de Porres Shelter-Transportation Costs

         Dear Mr. Leonard:

         In your letter of November 12, 1999, you ask for our views on the legality of the
         annual payment  the U.S. Army Engineer District, Seattle, makes to the Saint Martin
         de Porres Shelter to cover the costs of operating the shelter's bus. You indicate that
         the shelter is located in a warehouse on the Seattle waterfront that is under the
         jurisdiction of the Seattle District. You also state that the District makes no use of
         the building for any of its official functions. You conclude that, although the District
         has made  similar payments to the shelter for many years, there is no authority for the
         District to do so.

         Subsequent  to receiving your letter, we spoke both with you and with Mr. Steven
         Hanson  of the Seattle District Real Estate Division. As we understand the history of
         the shelter, the building in which it is housed was used by the Army as a point of
         debarkation, both in World War II and the Korean War. At a later date, the Army
         declared the building surplus and transferred it to the General Services
         Administration (GSA). GSA  used the building as a warehouse. At some point GSA
         dedicated a portion of the building for use by the City of Seattle as a shelter to house
         up to 100 homeless persons. The City, in turn, arranged for the shelter to be operated
         by Catholic Charities of King County. Since 1996, the Shelter has been operated by
         the Housing Authority of the Archdiocese of Seattle. In 1985, GSA transferred the
         building to the Seattle District, which enlarged the capacity of the shelter to house
         200 people. Under the agreement of transfer, the Seattle District was required to
         lease the portion of the building not being used for the shelter back to GSA.

         In your letter, you say that the Seattle District relies on 10 U.S.C. § 2546 as authority
         for making payment  to the shelter. Section 2546 authorizes the secretaries of military
         departments  to make military installations available for providing shelter for persons
         without adequate shelter. It also authorizes the secretaries to provide incidental

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