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B-158931, OCT. 15, 1970

B-158931 Oct 15, 1970
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ADVISING THAT THERE IS NO OBJECTION TO THE INCLUSION OF A PROVISION IN THE EMERGENCY TRANSPORTATION PLAN PROVIDING PAYMENT FOR AN APPROPRIATE RATE FOR MILEAGE FOR OWNER-DRIVERS WHO MAY BE DIRECTED TO TRANSPORT OTHER EMPLOYEES DURING THE EMERGENCY. THOSE LOCATED IN OUTLYING AREAS ARE DEPENDENT UPON SPECIAL ARRANGEMENTS FOR PUBLIC BUS SERVICE. WHEN HE DETERMINES THAT AN EMERGENCY SITUATION EXISTS AND THAT SUCH ACTION IS NECESSARY FOR THE EFFECTIVE CONDUCT OF THE AFFAIRS OF THE VETERANS' ADMINISTRATION. IF SUCH PUBLIC TRANSPORTATION IS EITHER UNAVAILABLE OR NOT FEASIBLE TO USE. WE ADVISED THE SECRETARY OF THE TREASURY THAT UNDER CIRCUMSTANCES WHERE AN EMPLOYEE WAS DIRECTED TO PROVIDE TRANSPORTATION IN HIS PRIVATELY-OWNED VEHICLE TO FELLOW EMPLOYEES BETWEEN THEIR RESIDENCES AND PLACE OF DUTY DURING A NEW YORK SUBWAY STRIKE.

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B-158931, OCT. 15, 1970

VETERANS ADMINISTRATION - EMERGENCY TRANSPORTATION SERVICES DECISION TO THE ADMINISTRATOR, VA, ADVISING THAT THERE IS NO OBJECTION TO THE INCLUSION OF A PROVISION IN THE EMERGENCY TRANSPORTATION PLAN PROVIDING PAYMENT FOR AN APPROPRIATE RATE FOR MILEAGE FOR OWNER-DRIVERS WHO MAY BE DIRECTED TO TRANSPORT OTHER EMPLOYEES DURING THE EMERGENCY. ALTHOUGH THE VA IN PREPARATION FOR EMERGENCY TRANSPORTATION PLANS FOR USE IN VA FIELD STATIONS AND HOSPITALS, MAY UTILIZE GOVERNMENT OWNED, OR LEASED VEHICLES TO TRANSPORT EMPLOYEES TO VARIOUS AREAS, THOSE LOCATED IN OUTLYING AREAS ARE DEPENDENT UPON SPECIAL ARRANGEMENTS FOR PUBLIC BUS SERVICE. THEREFORE, THE VA MAY AUTHORIZE AN INCLUSION IN THE EMERGENCY PLANNING, WHEREBY UTILIZATION OF PRIVATELY OWNED VEHICLES MAY BE USED TO TRANSPORT FELLOW EMPLOYEES BETWEEN THE RESIDENCE AND PLACE OF EMPLOYMENT WITH REIMBURSEMENT FOR MILEAGE TO BE BASED ON THE NUMBER OF PERSONS TRANSPORTED, AND THE EXTRA DISTANCE REQUIRED TO PICK UP SUCH PERSONS.

TO MR. JOHNSON:

YOUR OFFICE LETTER DATED AUGUST 3, 1970, INFORMS US THAT IN THE PREPARATION OF EMERGENCY TRANSPORTATION PLANS FOR USE IN VETERANS ADMINISTRATION FIELD STATIONS, INCLUDING HOSPITALS, A QUESTION HAS ARISEN AS TO WHETHER AN EMPLOYEE WHO FURNISHES TRANSPORTATION TO VETERANS ADMINISTRATION EMPLOYEES FROM THEIR HOMES TO THE OFFICE IN EMERGENT CIRCUMSTANCES MAY BE AUTHORIZED REIMBURSEMENT FOR THE USE OF HIS VEHICLE PURSUANT TO THE AUTOMOBILE MILEAGE PAYMENT PROVISIONS OF SECTION 5704 OF TITLE 5, U.S.C. AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

YOUR LETTER REFERS TO SECTION 233(B) OF TITLE 38, U.S.C. WHICH, IN PERTINENT PART, PROVIDES:

"THE ADMINISTRATOR, WHEN HE DETERMINES THAT AN EMERGENCY SITUATION EXISTS AND THAT SUCH ACTION IS NECESSARY FOR THE EFFECTIVE CONDUCT OF THE AFFAIRS OF THE VETERANS' ADMINISTRATION, MAY UTILIZE GOVERNMENT OWNED, OR LEASED, VEHICLES TO TRANSPORT EMPLOYEES TO AND FROM THEIR PLACE OF EMPLOYMENT AND THE NEAREST ADEQUATE PUBLIC TRANSPORTATION, OR, IF SUCH PUBLIC TRANSPORTATION IS EITHER UNAVAILABLE OR NOT FEASIBLE TO USE, TO AND FROM THEIR PLACE OF EMPLOYMENT AND THEIR HOME. *** "

THE ABOVE STATUTORY PROVISION DOES NOT SPECIFICALLY COVER THE SITUATION PRESENTED. HOWEVER, IN OUR DECISION B-158931, DATED MAY 26, 1966, WE ADVISED THE SECRETARY OF THE TREASURY THAT UNDER CIRCUMSTANCES WHERE AN EMPLOYEE WAS DIRECTED TO PROVIDE TRANSPORTATION IN HIS PRIVATELY-OWNED VEHICLE TO FELLOW EMPLOYEES BETWEEN THEIR RESIDENCES AND PLACE OF DUTY DURING A NEW YORK SUBWAY STRIKE, A DETERMINATION COULD BE MADE THAT USE OF THE EMPLOYEE'S VEHICLE WAS FOR A GOVERNMENTAL PURPOSE, AND THAT HE COULD BE REIMBURSED AT AN APPROPRIATE MILEAGE RATE UNDER THE PROVISIONS OF SECTION 3.5B(1)(NOW C(1)) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

WE NOTE THAT SOME OF THE HOSPITALS AND FIELD STATIONS OF THE VETERANS ADMINISTRATION WHICH ARE LOCATED IN OUTLYING AREAS ARE DEPENDENT UPON SPECIAL ARRANGEMENTS FOR PUBLIC BUS SERVICE BY CONTRACT. 46 COMP. GEN. 616 (B-160604 DATED JANUARY 19, 1967). WE UNDERSTAND THAT YOUR PROPOSED PLAN FOR EMERGENCY TRANSPORTATION OF EMPLOYEES IS NOT TO SUPPLANT PRIVATE POOL-DRIVING AND PARKING OF VEHICLES WHICH ARE ALREADY ESTABLISHED BUT WILL BE UTILIZED SUPPLEMENTALLY IN THE EVENT THAT A STRIKE OR OTHER WIDE- SPREAD EMERGENCY CAUSES UNAVAILABILITY OF THE PUBLIC TRANSPORTATION WHICH THE AFFECTED EMPLOYEES USUALLY WOULD HAVE USED. APPARENTLY, THE NUMBER OF EMPLOYEES AFFECTED AND OTHER CONSIDERATIONS WOULD IN SOME CASES NOT WARRANT RECOURSE TO YOUR AUTHORITY TO UTILIZE AVAILABLE GOVERNMENT-OWNED OR LEASED PASSENGER MOTOR VEHICLES.

THE EMERGENCY SITUATION TOWARD WHICH THE VETERANS ADMINISTRATION IS PREPARING PLANS APPARENTLY WILL BE SIMILAR TO THAT INVOLVED IN THE ABOVE DECISION OF MAY 26, 1966, AND WE ASSUME THAT THE MILEAGE RATE TO BE AUTHORIZED WILL LARGELY BE COMMENSURATE WITH THE NUMBER OF PERSONS TRANSPORTED, AND THE EXTRA DISTANCE REQUIRED TO PICK UP SUCH OTHER PERSONS; ALSO, THAT CONSIDERATION WILL BE GIVEN TO A REDUCED RATE WHEN AN OWNER-DRIVER WHO USUALLY DRIVES BY HIMSELF IS AUTHORIZED AND DIRECTED TO TRANSPORT OTHER EMPLOYEES. UPON THIS BASIS WE SEE NO REASON TO OBJECT TO THE INCLUSION OF A PROVISION IN YOUR EMERGENCY TRANSPORTATION PLAN AUTHORIZING PAYMENT OF AN APPROPRIATE RATE OF MILEAGE TO BE FIXED AS INDICATED ABOVE.

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