Daniel K. Inouye Asia-Pacific Center for Security Studies—Use of Appropriated Funds to Purchase COVID-19 Self-Test Kits

Decision

Matter of:  Daniel K. Inouye Asia-Pacific Center for Security Studies—Use of Appropriated Funds to Purchase COVID-19 Self-Test Kits

File:  B-333691

Date:   February 8, 2022

The Daniel K. Inouye Asia-Pacific Center for Security Studies (the Center) asks whether its appropriation is available to purchase coronavirus disease 2019 (COVID‑19) self-test kits for persons located on its premises.  Appropriated funds are available only for the purposes authorized by Congress.  31 U.S.C. § 1301(a).  If not otherwise specified in law, an expense is authorized where it bears a reasonable, logical relationship to the purpose of the appropriation to be charged.  The Center may use its appropriation to purchase COVID-19 self-test kits where the use of the test kits will allow the Center to carry out engagements in support of its statutory mission. 

This responds to a request for our decision regarding whether the Daniel K. Inouye Asia-Pacific Center for Security Studies (the Center) may use appropriated funds to purchase COVID-19 self-test kits for use by persons located on its premises.[1]  We conclude that the Center may use its appropriated funds to purchase COVID-19 self-test kits because their use will allow the Center to safely host courses, workshops, and other engagements in support of its statutory mission.  

The Center included with its request for a decision relevant factual information and its legal views on this matter.[2]In accordance with our regular practice, we contacted the Center for additional information.[3] 

BACKGROUND

On January 31, 2020, the Secretary of Health and Human Services declared a public health emergency in response to COVID-19.[4]By March 11, 2020, the World Health Organization (WHO) had designated COVID-19 as a pandemic.[5]According to the Centers for Disease Control and Prevention (CDC), over 840,000 Americans have died from COVID-19 to date.[6]To prevent the spread of COVID-19, the CDC, along with other public health agencies, have recommended numerous preventive measures, such as mask wearing, vaccination, testing, and social distancing.[7]  In addition, on January 20, 2021, the President created the Safer Federal Workforce Task Force to provide the federal government with up-to-date guidance on preventive measures to keep federal employees safe.[8] 

The Center is established in 10 U.S.C. § 342 to serve as an international venue for research, communication, training, and exchange of ideas among military and civilian participants.  Request Letter.  In response to the pandemic, the Center has incorporated the CDC’s COVID-19 guidance into its policies and practices.  Request Letter.  For example, the Center has implemented policies related to vaccinations, mask wearing, social distancing, air filtration, cleaning and disinfecting, and testing.  Id.  Now, the Center’s Director seeks a decision regarding whether its appropriated funds are available to purchase self-test kits for use by individuals located on its premises.  Id. 

DISCUSSION

At issue here is whether the Center may use its appropriated funds to purchase COVID-19 self-test kits for use by individuals located on its premises.  The Center posits that it can use its funds to purchase COVID-19 self-test kits because the kits are equipment necessary to maintain the health and safety of a federal premises. Thus, the kits are an official expense of the government, rather than a personal expense of employees and visitors.[9]  For the reasons outlined below, we find that the Center may use its appropriated funds to purchase COVID-19 self-test kits. 

Under the purpose statute, appropriated funds are available only for the purposes authorized by Congress.  31 U.S.C. § 1301(a).  Each authorized expense need not be stated explicitly in an appropriation.  Rather, to determine whether an expense would violate the purpose statute, we apply a three-part necessary expense test.  An expense is authorized where it (1) bears a reasonable, logical relationship to the purpose of the appropriation to be charged; (2) is not prohibited by law; and (3) is not otherwise provided for.  See, e.g., B-330862, Sept. 5, 2019; GAO, Principles of Federal Appropriations Law, Ch. 3, § B (4th ed. rev. 2017) GAO–17–797SP (Washington, D.C.: Sept. 2017).  At issue here is step 1.[10] 

The Center seeks to use its appropriation[11] to purchase COVID-19 self-test kits for use on premises.[12]  This appropriation is available for “expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law.”  Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, div. C, title II, 134 Stat. 1182, 1289 (Dec. 27, 2020).  We have long held that where funds are available for a broad purpose, such as “operation and maintenance,” the purpose of the appropriation is informed by the underlying program or organic legislation.  See, e.g., B-323365, Aug. 6, 2014.  Thus, the Center’s appropriation is available for any expenses necessary to carry out the Center’s statutory responsibilities and we analyze the proposed expense in that framework.

The Center “serves as a forum for bilateral and multilateral research, communication, exchange of ideas, and training involving military and civilian participants.”[13]  To facilitate this mission, the Center hosts courses, workshops, and other engagements that are attended by security practitioners from throughout the Indo-Pacific region.[14]  Hosting events during a pandemic requires various safety measures, informed by local and national guidelines, including testing of some individuals, to prevent the spread of the disease.[15]  Providing self-test kits to individuals on the premises will enable the Center to continue the events it was created by Congress to host.

We have previously explained that agencies have a responsibility to provide a safe workplace environment.  See, e.g., B-302993, June 25, 2004.  More specifically, we have held that when an agency determines that there is a threat to the safety of its employees and premises, appropriations are available to purchase equipment or services that are considered an “appropriate, reasonable, and responsible response to such threat”.  See B-301152, May 28, 2003.  For example, in response to the threat of terrorist attacks on government facilities, our Office found that GAO could purchase protective hoods for use in the event of an attack involving explosives or chemical or biological weapons.  See id.

In the midst of a global pandemic, COVID-19 self-test kits are one means of maintaining a safe workplace environment.  The spread of COVID-19 remains a threat to individual health and federal workplace functionality, and to minimize its spread, agencies may need to limit entry on their premises to those who do not carry the virus.  The use of self-test kits is a reasonable way to identify those infected with COVID-19 before they enter federal premises.   

To determine whether the Center’s appropriations are available to purchase COVID-19 self-test kits, we also must consider whether they are personal expenses.  We have long held that appropriations are not available for personal expenses, such as employee medical expenses, absent specific statutory authority.  B-323449, Aug. 14, 2012; B-253159, Nov. 22, 1993.  However, an agency may use appropriated funds for an expense that is ordinarily understood to be personal in nature where such expense primarily benefits the government.  B-329479, Dec. 2, 2020.  For example, our Office found that the Weather Bureau could purchase X-rays for personnel being assigned to its Alaska office to ensure that employees would not spread tuberculosis to the local population, notwithstanding the collateral benefit for personnel to receive such diagnosis at the government’s expense.  B-108693, Apr. 8, 1952. 

Here, while employees and non-employees will surely receive the benefit of learning whether they have COVID-19, the primary beneficiary of the test kits is the Center. Given that the use of COVID-19 self-test kits will allow the Center to facilitate courses, workshops, and other engagements in support of its statutory mission and maintain a safe workplace environment, the Center may use its appropriated funds to purchase COVID-19 self-test kits for use by individuals on its premises.

CONCLUSION

The Daniel K. Inouye Asia-Pacific Center for Security Studies may use its appropriated funds to purchase COVID-19 self-test kits where the use of the test kits will allow the Center to safely carry out engagements in support of its statutory mission. 

Edda Emmanuelli Perez
General Counsel