[Letter], B-277521, July 31, 1997

B-277521 Jul 31, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Capitol Preservation Commission is authorized by 40 U.S.C. Letter asking whether there are options under current law for accepting the Radio and TV Correspondents Association's proposal to pay for certain modifications to the United States Capitol incident to the installation of broadcast equipment. Wishes to install equipment for broadcasting congressional events similar to equipment located in various facilities in the Capitol Complex that has been provided and is used by other broadcast networks. The storage room will need modifications estimated to cost $55. The two options discussed below are available under current law for accepting the Association's proposal to pay for the work necessary to installing the broadcast equipment. [1] Receive a Gift From the Association One option for implementing the Association's proposal is for the Association to make a gift of money to the U.S. View Decision B-277521 July 31, 1997 DIGEST The Honorable Alan M. Hantman Architect of the Capitol Dear Mr. Hantman: This responds to your July 15, 1997, letter asking whether there are options under current law for accepting the Radio and TV Correspondents Association's proposal to pay for certain modifications to the United States Capitol incident to the installation of broadcast equipment. Specifically, the Association, on behalf of the networks it represents, wishes to install equipment for broadcasting congressional events similar to equipment located in various facilities in the Capitol Complex that has been provided and is used by other broadcast networks. An available storage room in the Capitol has been identified for this purpose. However, the storage room will need modifications estimated to cost $55,000 for power, cooling, fire protection, lighting, and cable pathways in order to support the installation and use of the broadcast equipment. The two options discussed below are available under current law for accepting the Association's proposal to pay for the work necessary to installing the broadcast equipment. [1] Receive a Gift From the Association One option for implementing the Association's proposal is for the Association to make a gift of money to the U.S. Capitol Preservation Commission, of which the Architect is an ex officio member. 40 U.S.C. Sec. 188a(d) (1994). As a general rule, an agency may not accept for its own use gifts of money or property in the absence of express statutory authority. Using such gifts in the absence of statutory authority constitutes an unauthorized augmentation of appropriations. Principles of Federal Appropriations Law, 2-141 (GAO/OGC-92-13, December 1992). The U.S. Capitol Preservation Commission has the requisite statutory authority to accept a gift from the Association and use it for the proposed purposes. The U.S. Capitol Preservation Commission was established for a number of purposes, including providing for improvements in, preservation of, and acquisitions for the United States Capitol and conducting other activities that directly facilitate, encourage, or otherwise support such purposes. 40 U.S.C Sec. 188a(a)(1), (3) (1994). The Commission may accept gifts of property and money to carry out its purposes as well as acquiring, administering, disposing, and conducting other transactions relating to such property. 40 U.S.C. Sec. 188a-1(a). Donations are required to be deposited into the Capitol Preservation Fund, which has been established in the Treasury. 40 U.S.C. Sec. 188a-1(c)(1), 188a-2(a). The Fund is available (1) to pay transaction costs, and similar expenses incurred relating to gifts or property and (2) for improvement and preservation projects for the United States Capitol (subject to the approval of the Committee on Appropriations of the House and the Committee on Appropriations of the Senate). 40 U.S.C. Sec. 188a-2(b)(1), (2). We believe these statutory provisions provide the Commission with the authority to accept a gift of money from the Association and use those funds to make the improvements to the Capitol proposed by the Association in accordance with statutory and other procedures governing improvement projects for the United States Capitol. Grant a Permit to the Association Another option for implementing the Association's proposal is for an authorized official of the Congress to grant the Association a permit under which the Association will pay for the needed modifications. The Comptroller General and the Attorney General have long recognized that even in the absence of express statutory authority, the head of an agency or department may grant a private person a nonexclusive, nontransferable, revocable permit or license to use government property (real or personal) for nongovernment business, provided that such use does not permanently injure the property and serves some purpose useful and beneficial to the government.