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B-199718 1 (1981-06-19)

handle is hein.gao/gaobadjmh0001 and id is 1 raw text is: 
OECISION .(





FILE:   B-199718


MATTER 0


DIGEST:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, 0. C. 20548




      DATE: June 19, 1981


F: Station housing allowance


1. Military members occupying quarters
    formerly owned by Panama Canal Company
    (now administered by the Panama Canal
    Commission) are not entitled to station
    housing allowances since such quarters
    are considered Government quarters under
    Volume 1, Joint Travel Regulations,
    regardless of whether the member pays
    rent. Although the Panama Canal Treaty
    of 1977 transferred the housing owned
    by Panama Canal Company to Republic of
    Panama, the United States retained right
    to use the housing for its employees, and
    the quarters are still to be considered
    Government quarters within the meaning of
    the regulations.


            2. Under paragraph M4301-3g(2) of 1 JTR, a
                member in Government housing (i.e., any
                quarters owned or leased by the Govern-
                ment, if made available to a member) is
                precluded from receiving a station
                housing allowance even if he pays rent
                and utilities equal to or greater than a
                member in comparable private housing who
                receives the allowance. In such circum-
                stances, no objection would be posed to
                an amendment to the regulations author-
                izing payment of the station housing
                allowance, since Congress did not intend
                such a result.

     The question presented for decision is whether
quarters formerly owned by the Panama Canal Company, but
transferred to the Republic of Panama under the Panama
Canal Treaty of 1977, are still considered Government
quarters for purposes of authorizing station housing
allowances to members residing in them subsequent to
approval of the Treaty. The answer is yes. However, we
would raise no objection to an amendment to Volume 1 of
the Joint Travel Regulations (1 JTR) so as to permit pay-
ment of housing allowances to members occupying these
quarters if found necessary by the proper authorit  .  it



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