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B-301152 1 (2003-05-28)

handle is hein.gao/gaobadoxs0001 and id is 1 raw text is: G A GAO aAccountabiityW Integrity t Rleliablity Memorandum Date: May 28, 2003 To: General Counsel, OGC - Anthony Gamboa Thru: Deputy General Counsel, OGC - Gary Kepi'rlietr From: Managing Associate General Counsel, OGC - Susan Poling Subject: Proposed Purchase of Protective Hoods (B-301152) This responds to your question regarding the availability of GAO appropriations to purchase protective hoods for use in the event of a terrorist attack involving explosives or chemical or biological weapons. For the reasons discussed below, we conclude that GAO's operating appropriation is available to cover the expense of acquiring protective hoods. Further, the Comptroller General would be within his discretionary authority to acquire hoods adequate to cover the estimated number of persons in the building, not just employees. We are currently in the extraordinary circumstance where the government is advising that everyone take special precautions in the event of a terrorist attack and that government facilities are a likely target. See, g. Letter from Kay Coles James, Director, OPM, accompanying the Federal Manager's/Decision Maker's Emergency Guide, March 2003, www.opm.gov/emergencyiTEXT/ManagersGuide.txt. Accordingly, GAO is in the process of evaluating to what extent GAO headquarters is at risk from either a direct attack or from collateral damage from attack on a nearby structure.' These attacks could potentially involve biological or chemical weapons. One feature of the agency emergency plan in the event of a chemical or biological attack might reasonably include the use of protective hoods. From an appropriations law standpoint, we have never specifically considered an agency's purchase of hoods or other protective gear on as broad a basis as is being considered here, where the purpose is to address a threat of attack and provide for either a safe shelter-in-place or the orderly and safe evacuation of employees and other building occupants in that event. The issue presented in cases such as this is the availability of the public's money to supply equipment and services that inure in a very real sense to the benefit of individuals. We generally resolve this issue by assessing the benefits to the agency from any such expenditure. Of course, an individual is likely to attain at least some collateral benefit from most expenditures such as this, but the potential receipt of a benefit, however real, is not the 'GAO is also evaluating the risk to employees in audit sites and field offices.

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