About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-243866.1 1 (1991-10-03)

handle is hein.gao/gaobadbys0001 and id is 1 raw text is: 
Comptroler General
of the United States
Waddaon, D.C. MW14

Decision                                                   Ar


Matter of:  Drug Enforcement Administration--Permanent
            Improvements to Leased Property

Vile:       B-243866y3

Date:       October  3, 1991


DIGZST

The Drug Enforcement Administration  (DEA) may use appropriated
funds to enclose and secure a carport at the Administrator's
residence in response to a legitimate concern  for the
Administrator's safety.  Generally, agencies may not use
appropriated funds to make permanent improvements to private
property.  However, an agency may expend appropriated  funds
for such improvements if 1) the proposed alterations are
incidental to and essential for the accomplishment of the
purpose of the appropriation; 2) the cost of the alterations
are reasonable; 3) the improvements are used for the
principal benefit of the government; and 4) the government's
interest in the improvements is protected.

DECISION

The Controller if the Drug Enforcement Administration  (DEA)
asks whether DEA may use appropriated funds to enclose and
secure a carport at the DEA Administrator's leased residence.
The Controller is concerned about making improvements to the
Administrator's residence in light of the general policy
against the expenditure of appropriated funds, absent specific
statutory authority, for permanent alterations to private
property.  For the following reasons, we conclude that DEA may
use appropriated funds to pay for the proposed enhancements to
the carport.

BACKGROUND

According to the DEA, the safety of the Administrator of the
DEA is a constant concern of the agency.  A number of factors
including the agency's drug enforcement mission, the
existence of Drug Kirigpins, as well as documented threats,
contribute to the likelihood that the Administrator could be
the target of violence as a consequence of his position.  This
risk remains whether he is carrying out his duties as
Administrator or is at home.  Therefore,.the Administrator's
residence must meet certain security standards.




                                        PUBLISHED   Dl

  01~O         oyth    j14              71 COMP. Ge.j{

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most