Military Activities: Display of Equipment at the Former Philadelphia
Naval Base in July 2000 (Correspondence, 10/18/2000, GAO/GAO-01-77R).

The Department of Defense (DOD) displayed military items for Members of
Congress at the former Philadelphia Naval Base prior to the Republican
National Convention in July 2000. To minimize the chance that the
display would be associated with partisan events, DOD limited it to
three days and imposed certain restrictions. According to several
servicemembers and a DOD official present at the display, the display
was used solely to educate Members of Congress on military capabilities
and readiness and did not violate any DOD restrictions. According to
participating units, the incremental cost of the display was about
$609,203, including $368,218 for the Army, $102,420 for the Air Force,
$82,451 for the Navy, $25,188 for the Marine Corps, $23,726 for the
National Guard, and $7,200 for the Coast Guard.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  GAO-01-77R
     TITLE:  Military Activities: Display of Equipment at the Former
	     Philadelphia Naval Base in July 2000
      DATE:  10/18/2000
   SUBJECT:  Military materiel
	     Naval bases
	     Cost analysis
	     Political activities
	     Federal regulations
IDENTIFIER:  Republican National Convention

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GAO-01-77R

Display of Military Equipment in Philadelphia

United States General Accounting Office Washington, DC 20548

October 18, 2000 The Honorable David Obey Ranking Minority Member Committee
on Appropriations House of Representatives

The Honorable Peter DeFazio The Honorable Pete Stark House of
Representatives

Subject: Military Activities: Display of Equipment at the Former
Philadelphia Naval Base in July 2000

At the request of Representatives Curt Weldon and Robert Brady, the
Department of Defense (DOD) agreed to display military items for members of
Congress at the former Philadelphia Naval Base 1 prior to the Republican
National Convention in July 2000. At your request, we determined (1) the
basis for DOD's decision to approve the request, including pertinent laws or
regulations and any restrictions on the conduct of the display; (2) DOD's
compliance with any restrictions imposed on the display; and (3) the
estimated incremental cost of the display. 2

To obtain information on DOD's decision to provide the display and
restrictions on the display, we interviewed officials and reviewed documents
in the Office of the Secretary of Defense, DOD's Office of the General
Counsel, and the offices of the Assistant Secretaries of Defense for
Legislative Affairs and for Public Affairs. To obtain information on the
extent that the display met DOD's restrictions and estimated incremental
costs, we interviewed officials, including several personnel present at the
display, and obtained documents at organizations that participated in the
display. These organizations included the office of the Assistant Secretary
of Defense for Legislative Affairs; the headquarters offices of the four
military services; the U. S. Coast Guard; the U. S. Atlantic Fleet; Willow
Grove Naval Air Station and Joint Reserve Base; the Ship Systems Engineering
Station at the former Philadelphia Naval Base; and offices of the
Pennsylvania Army National Guard, Fort Indiantown

1 In 1995, DOD closed the base- except for designated areas retained by the
Navy- and later transferred the property to Philadelphia. 2 Incremental
costs exceed normal operating expenses. Therefore, the figures in this
letter do not include

personnel costs except for special active duty pay for reservists.

Page 2 GAO- 01- 77R Display of Military Equipment in Philadelphia

Gap, Pennsylvania. We also toured the site of the display. We did not
independently verify the accuracy or completeness of cost data provided by
the services. We performed our work during August and September 2000 in
accordance with generally accepted government auditing standards.

RESULTS IN BRIEF We are aware of no legal prohibition against the display of
military equipment at the former Philadelphia Naval Base. DOD policy
guidance for the current election year prohibits the armed forces'
involvement in political events and instructs commanders to decline support
to any event that could identify or associate the military with any partisan
candidate or cause. Because the display provided an opportunity to educate
Members of Congress, stemmed from a bipartisan request, and was physically
separate from and not affiliated with the convention itself, the Secretary
of Defense believed the display would not violate policy guidance. To
minimize the potential for the display to be associated with partisan
events, DOD limited it to 3 days and imposed certain restrictions, including
that the display and service personnel would not be used for or in
conjunction with any partisan or convention- related activities. The display
opened on July 29, 2000, and closed before the convention began on the
evening of July 31, 2000.

According to several servicemembers and a DOD official present at the
display, the display was used solely to educate Members of Congress on
military capabilities and readiness and did not violate any of DOD's
restrictions. These individuals stated that no servicemember participated in
any partisan or convention- related activities, nor did anyone ask
servicemembers to engage in any such activities. We found no evidence to the
contrary.

According to participating units, the incremental cost of the display was
about $609,203, including $368,218 for the Army, $102,420 for the Air Force,
$82,451 for the Navy, $25,188 for the Marine Corps, $23,726 for the National
Guard, and $7,200 for the Coast Guard. It was funded largely through
operation and maintenance accounts and included travel- related expenses for
personnel attending the display and transportation of equipment either
through contract transportation or by the services directly.

BACKGROUND In letters dated June 27, 2000, and July 7, 2000, Representatives
Weldon and Brady requested that DOD display military equipment for about 90
Members of Congress scheduled to stay at a former naval base in Philadelphia
during the week of the Republican National Convention. The representatives
requested that the items be displayed from July 28 to August 3, 2000, and
stressed that the equipment would not be used for any partisan activities.
On the weekend before and during the week of the convention, members of
Congress and their families stayed in housing located on city property
within the base and attended various events held near the housing area.

Page 3 GAO- 01- 77R Display of Military Equipment in Philadelphia

The Secretary agreed to the request with certain restrictions and designated
the Navy to coordinate the participation of the other military services.
Each service, the Coast Guard, and the Pennsylvania Army National Guard
displayed various items, including a tank, helicopters, munitions, and small
boats. (Encl. I is a list of the items displayed.) The display was located
on federal and city property adjacent to the congressional housing area-
about 1 mile from the site of the Republican National Convention. The
services and the Coast Guard operated the display from July 28 through July
31, 2000. The National Guard remained until August 4, 2000, primarily to be
available in case of an incident during the convention.

About 266 active duty, reserve, and civilian personnel participated in the
display, although not all were present for all 3 days. Each organization
provided senior officers to oversee the service displays, military and
civilian personnel to explain the purpose and capabilities of the equipment
and to answer questions, and public and legislative affairs officers to
handle press and legislative contacts. DOD also sent a legislative affairs
officer to ensure that the display did not violate any of DOD's
restrictions.

DOD'S DECISION TO DISPLAY EQUIPMENT IN PHILADELPHIA DOD examined the legal
and policy implications of providing a military display in Philadelphia
around the time of the Republican National Convention. While DOD ultimately
agreed to the request, it restricted the use of the display and activities
of personnel participating in the display.

Legal and Policy Considerations According to DOD officials, the Secretary
requested legal advice from the Department's General Counsel regarding the
display of equipment in Philadelphia. General Counsel officials said that
they were aware of no law that would authorize or prohibit the provision of
military equipment requested by the two representatives. We are aware of no
legal prohibition against the display and find DOD's action to be legally
sufficient. 3

In the absence of a specific statute, an agency has general authority to
engage in activities in support of its missions. Since an agency has a
legitimate interest in communicating with the public and Congress regarding
its functions, policies, and activities, it has authority to engage in
informational, educational, or promotional activities. 4 The Philadelphia
military display falls within this category of allowable

3 There are antilobbying restrictions contained in a criminal statute in 18
U. S. C. 1913 and section 8012 of the DOD Appropriations Act for FY 2000 (P.
L. 106- 65). Neither applies, as the criminal statute and section 8012 apply
to indirect or “grass- roots” lobbying, not direct appeals to
Congress by an agency. (See 60 Comp. Gen. 423 (1981)). Similarly, the
restriction on the use of funds for publicity and propaganda appearing at
section 8001 of the DOD Appropriations Act for FY 2000 is inapplicable as it
does not prohibit DOD's legitimate informational activities (Comp. Gen.
Decision B- 223098, Oct. 10, 1986). 4 Principles of Federal Appropriations
Law, 2 nd ed., Vol. I (GAO/ OGC- 91- 5) pp. 4- 185.

Page 4 GAO- 01- 77R Display of Military Equipment in Philadelphia

activities. As an allowable activity, the services have the authority to
expend appropriated funds to provide such a display.

Generally, DOD considers military displays to be part of its community
relations efforts and has various guidelines that govern the activities
military commanders may engage in. For example, DOD Directive 5410.18
provides that any military support and participation must not directly or
indirectly endorse or appear to endorse any political organization. Also, in
December 1999, DOD's public affairs office issued policy guidance to assist
commanders and public affairs officers in handling requests for support
during the 2000 election year. Among other things, this guidance notes that
DOD does not engage in activities that could be interpreted as associated
with any partisan political causes, issues, or candidates. It prohibits the
armed forces' involvement in political events except to provide a joint
armed forces color guard for opening ceremonies at the national conventions
of parties that the Federal Election Commission formally recognizes.
Commanders are instructed to decline requests for support to any event that
could identify or associate the military with any partisan candidate or
cause.

DOD officials stated that in light of this policy, the Secretary and others
debated various factors such as the purpose of the display, the source of
the request, and the potential for the display to be identified with a
partisan candidate or cause. Because the display provided an opportunity to
educate many Members of Congress at one place, the request was bipartisan,
and the display would be physically separate from and not affiliated with
the convention, the Secretary determined that the display would not violate
DOD's policy guidance. DOD officials noted that they approve numerous
requests each year to display equipment for the general purpose of educating
others, including Members of Congress, about U. S. military capabilities.
They also noted that the Secretary made it clear that DOD would provide a
display around the time of the Democratic National Convention if it received
a similar bipartisan request.

Restrictions on the Display To minimize the potential for the display to be
associated with partisan events, DOD limited the display to 3 days- it
opened on July 29, 2000, and closed before the convention began on the
evening of July 31, 2000. DOD also imposed certain restrictions on its use
and the activities of participating servicemembers. Specifically, in a July
27, 2000, letter to Representatives Weldon and Brady, the Assistant
Secretary of Defense for Legislative Affairs stipulated that

ï¿½ display equipment would not be used for or in conjunction with any
partisan or convention- related activities, including media events, fund-
raising, press conferences, speeches, photo opportunities, and the like;

ï¿½ the display would be open to any member of Congress on a nonpartisan
basis; and

Page 5 GAO- 01- 77R Display of Military Equipment in Philadelphia

ï¿½ any military personnel participating in the display must not be asked to
engage in any activities that could be construed as political in nature or
in support of the convention.

DOD also urged that the display be open to the general public for a portion
of the time if feasible so that the public could view and learn about U. S.
military capabilities. Finally, DOD issued written guidance that directed
military personnel involved in the display to avoid any form of political
activity. The naval officer in charge of the display conducted daily
briefings to personnel participating in the display to remind them of the
restrictions on the display and their activities.

COMPLIANCE WITH DOD'S RESTRICTIONS According to several servicemembers and a
DOD legislative affairs official present at the display of military
equipment and items in Philadelphia, the display met DOD's restrictions.
These individuals confirmed that the display was not used for political
purposes such as media events, fund- raising, press conferences, speeches,
or photo opportunities. They also stated that, to their knowledge, no
servicemembers engaged in any partisan or convention- related activity, nor
did anyone ask them to engage in any such activity. As a courtesy,
servicemembers were authorized to eat at a nearby food tent that was
available to congressional members and guests participating in activities in
the city- owned area of the base. Servicemembers told us that no political
activities occurred in their presence and that they did not attend any
political events. For example, they did not attend a block party held on two
streets within the congressional housing area or any fund- raising
activities. We found no evidence to refute this information.

As required, the display was open to Members of Congress from both parties
and their family members and guests. For security reasons, it was not open
to the general public. Service personnel noted that they did not keep an
official count of congressional members or other attendees. However, Navy
officials estimated that about 35 Members of Congress and about 400 others
viewed the display, including congressional family members and staff, about
125 firefighters that participated in events at the base, local officials,
and eight members of the Russian Duma.

ESTIMATED INCREMENTAL COST OF THE DISPLAY According to participating units,
the incremental cost of the display was about $609,203, including $368,218
for the Army, $102,420 for the Air Force, $82,451 for the Navy, $25,188 for
the Marine Corps, $23,726 for the National Guard, and $7,200 for the Coast
Guard. It was funded largely through operation and maintenance accounts and
included travel- related expenses for personnel attending the display and
transportation of equipment either through contract transportation or by the
services directly. According to service personnel, the display did not
adversely affect their ability to fund other operations or activities. They
noted that the display was beneficial because it provided an opportunity to
educate Members of Congress about military capabilities. Also,
servicemembers had an opportunity to review military

Page 6 GAO- 01- 77R Display of Military Equipment in Philadelphia

ethics and become familiar with equipment used by the other services. Other
than gaining additional flying and transportation experience and the
opportunity to review equipment specifications and capabilities, they noted
no other particular operational or training benefit.

AGENCY COMMENTS In written comments on a draft of this report, DOD concurred
with our findings. In oral comments, the U. S. Coast Guard also concurred.

--- We are sending copies of this report to the Secretaries of Defense,
Transportation, the Army, the Navy, and the Air Force; the Commandant of the
Marine Corps; and the Director, Office of Management and Budget. Copies will
also be made available to other interested parties upon request.

If you or your staff have any questions concerning this report, please call
me at (202) 512- 3958. Major contributors to this letter were Richard
McGeary, Stephanie May, and Sharon Pickup.

Carol R. Schuster, Director Defense Capabilities and

Management Enclosure

ENCLOSURE I ENCLOSURE I ITEMS DISPLAYED AT FORMER PHILADELPHIA NAVAL BASE IN
JULY 2000

GAO- 01- 77R Display of Military Equipment in Philadelphia Page 7

Organization Item displayed Army Information posters on modernization plans

Future combat uniforms and equipment Unmanned aerial and ground vehicles
Night vision systems Munitions Sensor system Portable cockpit of Comanche
helicopter

Theater High Altitude Air Defense System AH- 64 Apache helicopter HUMRAAM
Air Defense System Future combat systems -- Digitization -- Telemaintenance
Hybrid electric vehicle C4ISR technologies SCUD Missile System Team Redstone
PEO tactical missile Cinema van Air Force Predator Unmanned Aerial Vehicle

Information posters on modernization plans Aerospace superiority Global
attack Precision engagement Global mobility Information superiority Balanced
approach Munitions Marine Corps V- 22 Osprey aircraft

Light Armored Vehicle Warfighting laboratory Chemical Biological Incident
Response Force Navy SH- 2G Super Seasprite helicopter

Mobile sensor platform Vehicle radar sensor surveillance control van
Intercoastal boat Naval Mobile Construction Battalion equipment

continued

ENCLOSURE I ENCLOSURE I ITEMS DISPLAYED AT FORMER PHILADELPHIA NAVAL BASE IN
JULY 2000

GAO- 01- 77R Display of Military Equipment in Philadelphia Page 8

Organization Item displayed Pennsylvania National Guard M1A1 tank

AH- 1 Cobra helicopter CH- 47 helicopter Mine- clearing line charge with
M113 carrier HMMWV Mobile kitchen trailer HEMMT wrecker Water purification
unit Command post carrier Small emplacement excavator WMD Civilian Support
Team U. S. Coast Guard Port security boat (25- foot)

Deep- water display Deployable pursuit boat (38- foot)

(702096)
*** End of document. ***