B-141202, DEC. 9, 1959

B-141202: Dec 9, 1959

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YOU STATE THAT THE PARKING SPACES ARE FOR USE OF THE COMMISSION IN ACCORDANCE WITH A DETERMINATION OF NEED MADE BY THE CHAIRMAN OF THE COMMISSION UNDER AUTHORITY OF SECTION 4 OF THE ACT OF AUGUST 28. THAT DURING THE PERIOD COVERED BY THE VOUCHER THE PARKING SPACES WERE USED BY SIX MEMBERS OF THE COMMISSION STAFF AT VARIOUS TIMES. THAT DURING THE MONTH OF OCTOBER APPROXIMATELY 16 TRIPS ON OFFICIAL BUSINESS WERE MADE FROM THE PARKING SPACES. THAT AT DIFFERENT TIMES THE PARKING SPACES WERE USED ON SATURDAYS. IT IS CONTEMPLATED THAT SUCH CARS AS WELL AS CARS RENTED BY THE GOVERNMENT WILL USE THE SPACES IN THE FUTURE. BY THE CHAIRMAN IT IS STATED THAT THE COMMISSION HAS BEEN UNABLE TO HAVE ASSIGNED TO IT FOR PERMANENT USE BY THE GSA MOTOR POOL A GOVERNMENT-OWNED VEHICLE.

B-141202, DEC. 9, 1959

TO MR. JOHN O. WEED, AUTHORIZED CERTIFYING OFFICER, UNITED STATES STUDY COMMISSION:

YOUR LETTER OF NOVEMBER 5, 1959, WITH ENCLOSURES, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUBMITTED VOUCHER FOR $30 IN FAVOR OF THE WALTON BUILDING CORPORATION FOR RENTAL OF TWO PARKING SPACES FURNISHED FOR THE MONTH OF OCTOBER 1959 UNDER CONTRACT NO. SRB-7, DATED SEPTEMBER 23, 1959.

YOU STATE THAT THE PARKING SPACES ARE FOR USE OF THE COMMISSION IN ACCORDANCE WITH A DETERMINATION OF NEED MADE BY THE CHAIRMAN OF THE COMMISSION UNDER AUTHORITY OF SECTION 4 OF THE ACT OF AUGUST 28, 1958, 72 STAT. 1092; THAT DURING THE PERIOD COVERED BY THE VOUCHER THE PARKING SPACES WERE USED BY SIX MEMBERS OF THE COMMISSION STAFF AT VARIOUS TIMES, THAT DURING THE MONTH OF OCTOBER APPROXIMATELY 16 TRIPS ON OFFICIAL BUSINESS WERE MADE FROM THE PARKING SPACES; THAT AT DIFFERENT TIMES THE PARKING SPACES WERE USED ON SATURDAYS, SUNDAYS, AND WEEK NIGHTS BY EMPLOYEES WORKING AT THE OFFICE; AND THAT WHILE NO GOVERNMENT CARS USED THE SPACES DURING THE MONTH OF OCTOBER, IT IS CONTEMPLATED THAT SUCH CARS AS WELL AS CARS RENTED BY THE GOVERNMENT WILL USE THE SPACES IN THE FUTURE.

IN THE DETERMINATION OF NEED FOR PARKING SPACES EXECUTED UNDER DATE OF SEPTEMBER 28, 1959, BY THE CHAIRMAN IT IS STATED THAT THE COMMISSION HAS BEEN UNABLE TO HAVE ASSIGNED TO IT FOR PERMANENT USE BY THE GSA MOTOR POOL A GOVERNMENT-OWNED VEHICLE; THAT AT TIMES IT MAY BE POSSIBLE TO OBTAIN A GOVERNMENT-OWNED CAR ON A TRIP BASIS; THAT THE GSA MOTOR POOL AND RENTAL CAR GARAGES ARE LOCATED BEYOND A REASONABLE WALKING DISTANCE FROM THE COMMISSION OFFICE; THAT TAXIS CANNOT BE OBTAINED DURING RUSH HOURS WITHOUT CONSIDERABLE DELAY; AND THAT THE USE OF PRIVATELY-OWNED VEHICLES TO CONDUCT OFFICIAL BUSINESS IN ATLANTA, GEORGIA, CAUSES THE EMPLOYEE TO INCUR PARKING CHARGES IN EXCESS OF MILEAGE PAYMENTS RECEIVED. CONCLUSION THE CHAIRMAN STATES THAT IN ORDER TO PERFORM THE FUNCTIONS OF THE COMMISSION HE HAS DETERMINED PURSUANT TO THE AUTHORITY GRANTED IN SECTION 4 OF THE ACT OF AUGUST 28, 1958, THAT THE COMMISSION REQUIRES A LIMITED NUMBER OF PARKING SPACES FOR PUBLIC AND PRIVATE AUTOMOBILES, EITHER IN A PRIVATELY-OWNED GARAGE, PARKING LOT OR BY LEASING AN AREA OF LAND THAT CAN BE USED FOR PARKING PURPOSES IN THE GENERAL VICINITY OF WALTON AND COHN STREES, N.W., AND THAT THE PARKING SPACES WILL BE USED FOR VEHICLES IN THE FOLLOWING ORDER:

1. GOVERNMENT-OWNED VEHICLES

2. GOVERNMENT-RENTED VEHICLES

3. EMPLOYEE-OWNED VEHICLES WHEN USED OR HELD AVAILABLE FOR OFFICIAL TRAVEL IN ABSENCE OF 1 AND 2 ABOVE.

4. AVAILABLE SPACES NOT NEEDED FOR PRIORITIES 1, 2, AND 3 MAY BE ASSIGNED ON A DAY-TO-DAY BASIS FOR EMPLOYEE-OWNED VEHICLES.

BASED UPON THE STATEMENTS IN YOUR LETTER AND IN THE CHAIRMAN'S DETERMINATION OF SEPTEMBER 28, 1959, IT IS ASSUMED THAT THE 16 TRIPS ON OFFICIAL BUSINESS MADE FROM THE RENTED SPACES DURING THE MONTH OF OCTOBER WERE MADE BY GOVERNMENT EMPLOYEES RECEIVING REIMBURSEMENT FOR USE OF THEIR PRIVATELY-OWNED AUTOMOBILES ON A MILEAGE BASIS.

THE ALLOWANCE OF MILEAGE TO AN OFFICER OR EMPLOYEE FOR OFFICIAL TRAVEL PERFORMED IN A PRIVATELY-OWNED AUTOMOBILE AS AUTHORIZED BY THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, IS A COMMUTATION OF THE EXPENSE OF OPERATING SUCH AUTOMOBILE. THE ALLOWANCE OF MILEAGE FOR AUTOMOBILE TRAVEL IS IN LIEU OF ALL TRANSPORTATION COSTS EXCEPT ACTUAL EXPENSES INCURRED FOR ITEMS EXPRESSLY ENUMERATED IN THE ACT, SUPRA, WHICH INCLUDE FERRY FARES, BRIDGE, ROAD, AND TUNNEL TOLLS. THE LONG ESTABLISHED RULE IS THAT AN EMPLOYEE WHO RECEIVES REIMBURSEMENT UPON A MILEAGE BASIS FOR THE USE OF A PRIVATELY-OWNED AUTOMOBILE, ASSUMES ALL EXPENSE FOR MAINTENANCE AND OPERATION OF THE VEHICLE, INCLUDING PARKING FEES, SINCE IT IS NOT AN ACTUAL EXPENSE ITEM ENUMERATED IN EITHER THE TRAVEL EXPENSE ACT OF 1949, SUPRA, OR IN SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SEE 32 COMP. GEN. 74, ID. 139; B-126453, FEBRUARY 13, 1956, B-137887, DECEMBER 12, 1958.

IN THE CIRCUMSTANCES, AND ON THE BASIS OF THE PRESENT RECORD, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.