Saint Martin de Porres Shelter—Transportation Costs, B-284143, April 10, 2000

B-284143 Apr 10, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights You indicate that the shelter is located in a warehouse on the Seattle waterfront that is under the jurisdiction of the Seattle District. There is no authority for the District to do so. The building in which it is housed was used by the Army as a point of debarkation. The Seattle District was required to lease the portion of the building not being used for the shelter back to GSA. The District is soon to transfer jurisdiction over the building in which the shelter is located to the Coast Guard. Which will eliminate its authority to provide any services for the shelter. We conclude that it is lawful for the Seattle District to reimburse the shelter for its transportation costs. /1/ Discussion Incidental Services for Shelters. View Decision Subject: Saint Martin de Porres Shelter-Transportation Costs File: B-284143 Date: April 10, 2000 Mr. John W. Leonard Budget Officer U.S. Army Engineer District, Seattle P.O. Box 3755 Seattle, WA 98124-3755 Dear Mr. Leonard: In your letter of November 12, 1999, you ask for our views on the legality of the annual payment the U.S. Army Engineer District, Seattle, makes to the Saint Martin de Porres Shelter to cover the costs of operating the shelter's bus. You indicate that the shelter is located in a warehouse on the Seattle waterfront that is under the jurisdiction of the Seattle District. You also state that the District makes no use of the building for any of its official functions. You conclude that, although the District has made similar payments to the shelter for many years, there is no authority for the District to do so. Subsequent to receiving your letter, we spoke both with you and with Mr. Steven Hanson of the Seattle District Real Estate Division. As we understand the history of the shelter, the building in which it is housed was used by the Army as a point of debarkation, both in World War II and the Korean War. At a later date, the Army declared the building surplus and transferred it to the General Services Administration (GSA). GSA used the building as a warehouse. At some point GSA dedicated a portion of the building for use by the City of Seattle as a shelter to house up to 100 homeless persons. The City, in turn, arranged for the shelter to be operated by Catholic Charities of King County. Since 1996, the Shelter has been operated by the Housing Authority of the Archdiocese of Seattle. In 1985, GSA transferred the building to the Seattle District, which enlarged the capacity of the shelter to house 200 people. Under the agreement of transfer, the Seattle District was required to lease the portion of the building not being used for the shelter back to GSA. In your letter, you say that the Seattle District relies on 10 U.S.C. Sec. 2546 as authority for making payment to the shelter. Section 2546 authorizes the secretaries of military departments to make military installations available for providing shelter for persons without adequate shelter. It also authorizes the secretaries to provide incidental services to the shelters, including transportation. You assert that this law only permits the Seattle District to provide transportation in kind, not to reimburse the shelter operator for its transportation costs. You also state that, in any event, the District is soon to transfer jurisdiction over the building in which the shelter is located to the Coast Guard, which will eliminate its authority to provide any services for the shelter. As discussed below, we conclude that it is lawful for the Seattle District to reimburse the shelter for its transportation costs. /1/ Discussion Incidental Services for Shelters. Section 2546, title 10, United States Code provides: "(a)(1) The Secretary of a military department may make military installations under his jurisdiction available for the furnishing of shelter to persons without adequate shelter. The Secretary may, incidental to the furnishing of such shelter, provide services as described in subsection (b). Shelter and incidental services may be provided without reimbursement. "(b) Services that may be provided incident to the furnishing of shelter under this section are the following: (1) Utilities. (2) Bedding. (3) Security. (4) Transportation. (5) Renovation of facilities. (6) Minor repairs undertaken specifically to make suitable space available for shelter to be provided under this section. (7) Property liability insurance." On its face, this statute expresses the Congress's intent that unused military facilities be used to provide shelter for homeless persons so long as doing so does not interfere with normal military functions. The Congress also intends that the shelters be provided with those incidental services necessary for them to function, and which are listed in the statute.