A-69540, JANUARY 24, 1936, 15 COMP. GEN. 656

A-69540: Jan 24, 1936

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IS APPLICABLE TO PANAMA CANAL QUARTERS LEASED TO A CIVILIAN EMPLOYEE OF THE PANAMA CANAL AND BY HIM SUBLEASED TO A NAVY OFFICER. IS PROHIBITED BY THE ACT OF JUNE 24. IS TEMPORARILY SUBLETTING PANAMA CANAL QUARTERS 207X-B IN PEDRO MIGUEL. PROVIDE: "* * * FOR THE CONVENIENCE OF THOSE WHO ARE UNABLE TO OBTAIN QUARTERS. THE AGREEMENT FOR SUBLETTING IS A PERSONAL MATTER BETWEEN THE PARTIES CONCERNED. 40.00 9.45 49.45 QUARTERS RENTED UNDER THE ABOVE CONDITION ARE KNOWN AS "VACATION QUARTERS.'. STATES THAT THE RENTAL RATE OF QUARTERS 207X-B IS AS FOLLOWS. CHECK AGE WAS MADE IN COMPLIANCE WITH REFERENCE (C). 6. WHICH STATE THAT "* * * THE AGREEMENT FOR SUBLETTING IS A PERSONAL MATTER BETWEEN THE PARTIES CONCERNED * * *.

A-69540, JANUARY 24, 1936, 15 COMP. GEN. 656

RENTAL ALLOWANCE - LIMITATION IMPOSED BY ACT OF APRIL 9, 1935 THE PROVISION IN THE ARMY APPROPRIATION ACT OF APRIL 9, 1935, 49 STAT. 124, 125, LIMITING PAYMENT OF RENTAL ALLOWANCE TO ANY GOVERNMENT OFFICER OCCUPYING QUARTERS AT HIS PERMANENT STATION NOT UNDER THE JURISDICTION OF THE SERVICE IN WHICH SERVING BUT WHICH BELONG TO THE GOVERNMENT, TO AN AMOUNT NOT IN EXCESS OF THE RENTAL CHARGED FOR SUCH QUARTERS ON MARCH 5, 1934, IS APPLICABLE TO PANAMA CANAL QUARTERS LEASED TO A CIVILIAN EMPLOYEE OF THE PANAMA CANAL AND BY HIM SUBLEASED TO A NAVY OFFICER, AND THERE MAY NOT BE INCLUDED IN SAID RENTAL A CHARGE FOR THE USE OF PERSONAL EFFECTS, THE SUPPLY OR REPLACEMENT OF WHICH, FOR USE IN THE RESIDENCES OR QUARTERS OF OFFICERS ON SHORE, IS PROHIBITED BY THE ACT OF JUNE 24, 1935, 49 STAT. 410.

COMPTROLLER GENERAL MCCARL TO CAPT. T. P. BALLENGER, UNITED STATES NAVY, JANUARY 24, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 12, 1935, REQUESTING DECISION REGARDING RENTAL ALLOWANCE PAYABLE TO LT. ALBERT C. CHAPMAN, U.S. NAVY, WHILE OCCUPYING PANAMA CANAL ZONE QUARTERS. YOU STATE IN PART:

2. LIEUTENANT ALBERT E. CHAPMAN, U.S.N., ATTACHED TO THIS STATION, IS TEMPORARILY SUBLETTING PANAMA CANAL QUARTERS 207X-B IN PEDRO MIGUEL, CANAL ZONE, FROM MR. T. N. ETCHBERGER, A PERMANENT EMPLOYEE OF THE PANAMA CANAL.

3. THE REGULATIONS FOR PANAMA CANAL QUARTERS, REFERENCE (D), PROVIDE:

"* * * FOR THE CONVENIENCE OF THOSE WHO ARE UNABLE TO OBTAIN QUARTERS, AN EMPLOYEE MAY SUBLET HIS QUARTERS DURING HIS ABSENCE ON LEAVE * * * TO ARMY AND NAVY PERSONNEL. THE AGREEMENT FOR SUBLETTING IS A PERSONAL MATTER BETWEEN THE PARTIES CONCERNED. IN NO CASE SHALL THE TOTAL RENTAL RATE CHARGED, INCLUDING THE USE OF PERSONAL PROPERTY, BE MORE THAN TWICE THE RENTAL RATE PAID BY THE REGULAR OCCUPANT PLUS THE USUAL CHARGES FOR WATER, ELECTRIC CURRENT, ETC.'

4. LIEUTENANT CHAPMAN, WHO HAS LEASED MR. ETCHBERGER'S QUARTERS FOR THE PERIOD FROM 15 JULY 1935 TO 3 JANUARY 1936 HAS PAID RENT TO MR. ETCHBERGER AS FOLLOWS:

TABLE

PERIOD RENT ELECTRICITY TOTAL

7/15-31/35 ---------------------- $20.00 $4.37 $24.37

8/1-31/35 ----------------------- 40.00 9.80 49.80

9/1-30/35 ----------------------- 40.00 8.23 48.23

10/1-31/35 ---------------------- 40.00 9.45 49.45

11/1-30/35 ---------------------- 40.00 9.45 49.45

QUARTERS RENTED UNDER THE ABOVE CONDITION ARE KNOWN AS "VACATION QUARTERS.' THE DISTRICT QUARTERMASTER, PANAMA CANAL, STATES THAT THE RENTAL RATE OF QUARTERS 207X-B IS AS FOLLOWS, AND THAT THERE HAS BEEN NO CHANGE IN RATES SINCE MARCH 5, 1934:

CHART "A. E. CHAPMAN, 207X-B7/15/33 RENT WATER CARE GRD.

LIEUTENANT, $26.00 $1.25 $0.75

AIDE TO TOTAL, $40.00.

COMMANDANT, RENTAL OF $40.00 INCLUDED IN

15TH NAVAL DISTRICT, ADDITION TO ABOVE ITEMS:

BALBOA. RENT. ELEC. RANGE, $1.25.

USE PERS. EFF., $10.75.'

5. IN VIEW OF THE ARMY APPROPRIATION ACT OF APRIL 9, 1935 (49 STAT. 124), THE ACCOUNT OF LIEUTENANT CHAPMAN HAS BEEN CHECKED THE DIFFERENCE BETWEEN $362.67 (RENTAL ALLOWANCE AT $80.00 PER MONTH) AND $221.30 (ACTUAL AMOUNT PAID FOR QUARTERS HIRE) FOR THE PERIOD INVOLVED. CHECK AGE WAS MADE IN COMPLIANCE WITH REFERENCE (C).

6. IN VIEW OF THE PANAMA CANAL REGULATIONS, WHICH STATE THAT "* * * THE AGREEMENT FOR SUBLETTING IS A PERSONAL MATTER BETWEEN THE PARTIES CONCERNED * * *," THE APPLICATION OF THE PROVISIONS OF THE ARMY APPROPRIATION ACT OF APRIL 9, 1935 (49 STAT. 124) TO THE CASE OF LIEUTENANT CHAPMAN APPEARS DOUBTFUL. YOUR DECISION IN THE MATTER IS REQUESTED.

THE ARMY APPROPRIATION ACT OF APRIL 9, 1935, 49 STAT. 124, 125, PROVIDES:

* * * THAT DURING THE FISCAL YEAR ENDING JUNE 30, 1936, NO RENTAL ALLOWANCE SHALL ACCRUE TO ANY OFFICER OF THE GOVERNMENT IN CONSEQUENCE OF THE PROVISIONS FOUND IN SECTION 10, TITLE 37, UNITED STATES CODE, WHILE OCCUPYING QUARTERS AT HIS PERMANENT STATION NOT UNDER THE JURISDICTION OF THE SERVICE IN WHICH SERVING BUT WHICH BELONG TO THE GOVERNMENT OF THE UNITED STATES, OR TO A CORPORATION THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES, IN EXCESS OF THE RENTAL RATE CHARGED FOR SUCH QUARTERS ON MARCH 5, 1934; * * *

YOU SUBMIT THE QUESTION OF WHETHER THE PROVISION CONTAINED IN ACT OF APRIL 9, 1935, IS APPLICABLE WHERE AN OFFICER OF THE UNITED STATES RENTS PREMISES WHICH ARE ASSIGNED TO A CIVILIAN EMPLOYEE OF THE PANAMA CANAL BUT ARE SUBLET TO THE OFFICER BY THE CIVILIAN EMPLOYEE AS "VACATION QUARTERS.' THE FACT THAT QUARTERS ARE SUBLET MAKES THEM NONE THE LESS QUARTERS "WHICH BELONG TO THE GOVERNMENT OF THE UNITED STATES" AND AN OFFICER "OCCUPYING" SUCH QUARTERS AT HIS PERMANENT STATION MAY NOT UNDER THE TERMS OF THE ACT BE PAID RENTAL ALLOWANCE UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628 (SEC. 10, TITLE 37, U.S. CODE) IN EXCESS OF THE RENTAL RATE CHARGED FOR SUCH QUARTERS ON MARCH 5, 1934.

THERE IS SUBMITTED A STATEMENT SHOWING THE AMOUNT PAID MR. ETCHBERGER BY LIEUTENANT CHAPMAN AS RENT FOR THE QUARTERS AND A STATEMENT SHOWING THE RENTAL RATE FOR QUARTERS 207X-B. THE "RENTAL RATE CHARGED FOR SUCH QUARTERS ON MARCH 5, 1934," REFERS TO THE RATE CHARGED BY THE UNITED STATES AS OF THAT DATE.

THE PANAMA CANAL REGULATIONS COVERING QUARTERS FOR GOLD EMPLOYEES AND AMERICAN CITIZENS ON THE SILVER ROLL PROVIDE IN PART:

30. RATES OF RENT FOR ALL QUARTERS WILL BE FIXED BY THE CHIEF QUARTERMASTER WITH THE APPROVAL OF THE GOVERNOR, AND A LIST SHOWING APPROVED RATES FOR ALL QUARTERS WILL BE AVAILABLE FOR INSPECTION AT THE OFFICES OF THE DISTRICT QUARTERMASTERS.

40. THE RENTAL RATES FOR QUARTERS INCLUDE REPAIRS TO BUILDINGS OCCUPIED AS QUARTERS AND REMOVAL OF GARBAGE, BUT DO NOT INCLUDE THE USE OF ELECTRIC CURRENT, WATER, OR THE FURNISHING OF FUEL, AND SEPARATE CHARGES WILL BE MADE THEREFOR AT SUCH RATES AND SUBJECT TO SUCH CONDITIONS AS MAY BE APPROVED BY THE GOVERNOR. CARE OF GROUNDS AROUND QUARTERS WILL BE AT THE EXPENSE OF OCCUPANTS.

YOU APPARENTLY QUOTE A STATEMENT OF THE DISTRICT QUARTERMASTER, PANAMA CANAL, THAT THE RENTAL RATE FOR QUARTERS 207X-B ON AND SINCE MARCH 5, 1934, IS AS FOLLOWS:

CHART

"RENT, WATER, CARE GRD.,

$26.00 $1.25 ?75

TOTAL, $40.00.

RENTAL OF $40.00 INCLUDED IN ADDITION TO ABOVE ITEMS:

RENT ELEC. RANGE, $1.25. USE PERS. EFF. $10.75.'

THIS STATEMENT IS NOT CLEAR. THE REGULATIONS PROVIDE FOR FURNISHING WITHOUT CHARGE FURNITURE FOR REGULAR FAMILY QUARTERS. IT IS PROBABLE THAT THE PERSONAL EFFECTS FOR WHICH A CHARGE OF $10.75 IS MADE INCLUDE ARTICLES THE SUPPLY OF WHICH FROM PUBLIC FUNDS IS PROHIBITED BY THE PROVISION CONTAINED IN THE ACT OF JUNE 24, 1935, 49 STAT. 410, AS FOLLOWS:

* * * THAT NO PART OF THIS OR ANY OTHER APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR OR ON ACCOUNT OF THE SUPPLY OR REPLACEMENT OF TABLE LINEN, DISHES, GLASSWARE, SILVER, AND KITCHEN UTENSILS FOR USE IN THE RESIDENCES OR QUARTERS OF OFFICERS ON SHORE: * * *

THIS ITEM OF $10.75 FOR USE OF PERSONAL EFFECTS MAY NOT, THEREFORE, BE INCLUDED AS PART OF THE RENTAL OF THE QUARTERS. ELECTRICITY AND WATER ARE ITEMS NORMALLY FURNISHED AN OFFICER WHO IS OCCUPYING PUBLIC QUARTERS. THE STATEMENT OF RENTAL RATE IN EFFECT MARCH 5, 1934, DOES NOT SHOW THE MONTHLY CHARGE FOR ELECTRIC CURRENT FOR THAT MONTH. IN VIEW OF THE PROVISIONS OF THE ACT OF APRIL 9, 1935, REIMBURSEMENT FOR ELECTRIC CURRENT USED MAY NOT EXCEED FOR ANY MONTH THE AMOUNT CHARGED FOR MARCH 1934.

ADJUSTMENT OF THE ACCOUNT OF LIEUTENANT CHAPMAN SHOULD BE MADE ON THE BASIS OF RENT $26 PER MONTH, WATER $1.25 PER MONTH, ELECTRIC RANGE $1.25 PER MONTH, CARE OF GROUNDS 75 CENTS, AND ELECTRICITY OF THE MONTHLY AMOUNT CHARGED NOT TO EXCEED THAT CHARGED FOR MARCH 1934. THE DIFFERENCE BETWEEN THESE ITEMS AND THE RENTAL ALLOWANCE PAID THE OFFICER WILL BE DISALLOWED IN YOUR ACCOUNTS UNLESS COLLECTION THEREOF IS MADE.