15 FAM 260
GUIDELINES FOR ALLOCATING RESIDENTIAL SPACE
(CT:OBO-84; 05-21-2019)
(Office of Origin: OBO)
15 FAM 261 ALLOCATING U.S.
GOVERNMENT-OWNED and -LEASED RESIDENTIAL SPACE
(CT:OBO-73; 06-14-2018)
The following principles guide the allocation of U.S.
Government-owned/-leased (GO/L)
residential space among agencies at post. All agencies -except the Defense
Intelligence Agency (DIA)-requesting leasing services for their personnel
outside COM authority must sign and provide post with (a) an ICASS MOU and (b)
a subscription of services indicating the relevant cost centers.
Please note that leasing services will not be provided
without a formally approved MOU and an established headquarters agency contact.
(See 6 FAH-5
H-210. For DIA employees, see 15 FAM 261.3,
Housing for Certain Department of Defense Personnel.)
The following sections explain the application of these
principles in specific circumstances:
(1) All GO/L housing is pooled, except designated and
dedicated residences and USAID housing;
(2) Off-compound housing: The
Foreign Service Act of 1980, as amended, states that first consideration must
go to direct-hire employees in the foreign affairs agencies (Department of State),
U.S. Agency for International Development (USAID), Foreign Agriculture Service
of the Department of Agriculture (FAS), and the Department of Commerce (DOC)),
as well as to Defense Intelligence Agency (DIA) employees. Then consideration
goes to direct-hire employees of agencies that contributed to a purchase
program or turned properties over to the Department, as described in this
section. For this purpose, the FAS category includes the U.S. Animal and Plant
Health Inspection Services employees abroad;
NOTE: Capital Security
Cost Sharing Program (CSCS) housing is built on the embassy compound.
Therefore, this circumstance does not apply;
(3) Housing assignments should reflect the rank and
family size of the prospective occupants;
(4) After first meeting the requirements of the
foreign affairs agencies, post may allocate any remaining GO/L housing to other
agencies U.S. direct-hire employees (USDHs). Post allocations must serve USDH
needs and achieve maximum savings for the U.S. Government; and
(5) Do not keep GO/L property vacant for longer than 3
months. Do not use such properties as transient quarters merely to accommodate
the requirements of the abovementioned foreign affairs agencies.
NOTE: GO/L housing is
for full-time USDHs assigned to post. Occupants not meeting this criteria
require OBOs approval to use the property.
15 FAM 261.1 Housing Acquired with
Other Agency Funds
(CT:OBO-69; 04-04-2018)
a. Agencies wishing to participate in posts purchase
program may contribute to such arrangements with the expectation that
ownership will reduce overall lease costs at post. For all agencies,
including State, the Bureau of Overseas Buildings Operations (OBO) and the
aforementioned agency must have memoranda of understanding (MOUs) that outline
funding arrangements and long-term property entitlements. Post and OBO must
maintain copies of such documents. Upload said documents to the relevant
record in the Real Property Application (RPA) database.
b. Make every effort to accommodate agencies that
turned residential property over to Department of State management under the
Single Real Property Manager (SRPM) concept. When a particular agencys funds
were used to acquire property, that agency retains an entitlement to occupy an
equivalent number of GO/L properties (if any are available and appropriately
sized). There is no guarantee that an agency will get to reserve or
exclusively use a particular unit or units. Posts should consult with OBO to
verify funding sources for properties possibly in this category.
c. In the event the post interagency housing boards
(IAHB) assignments result in an agency not receiving its established
entitlement, that agency must fund any resulting lease costs until an
appropriate GO unit is available. In such cases, the affected agency will have
first priority on the next available and appropriately-sized GO unit. Make
every effort to give adequate lead time to each agency when planning future
budgets, especially if anticipating additional lease costs.
15 FAM 261.2 Housing for USAID
Personnel
(CT:OBO-69; 04-04-2018)
(USAID Only)
Where USAID independently manages its housing, USAID
prefers that USAID mission personnel not occupy State-held GO/L housing if
USAID has not contributed to the acquisition of the property. If posts are
unable to determine ownership status, refer questions to OBO and the Overseas
Management Division, Bureau for Management, USAID/Washington (USAID/W -
M/MS/OMD).
15 FAM 261.3 Housing for Certain
Department of Defense (DOD) Personnel
(CT:OBO-84; 05-21-2019)
(DIA Only)
a. Department of Defense (DoD) personnel (civilian and
military) who are assigned under the Foreign Military Sales program (or other
similar DOD-funded programs) are not normally entitled to U.S. Government-held
housing. The host government provides housing for these personnel under the
governing bilateral agreement. If the agreement does not include housing, then
housing is provided within the posts U.S. Government leasing program, or under
Living Quarters Allowance/Overseas Housing Allowance (LQA/OHA) programs, and it
is funded by the program under which these personnel are assigned. Such
personnel are under chief-of-mission (COM) authority, and their housing remains
subject to the policies and standards outlined in the 15 FAM and 2 FAH-2.
b. For DoD elements wishing to use States contracting
authority for leasing services, they must first comply with the requirements in
10 U.S.C. 2834. These stipulate the Secretary of the DoD entity concerned
(Secretary of Army, Navy, etc.) must enter into an agreement with the Secretary
of State (delegated to the Under Secretary for Management, pursuant to
Delegation of Authority 462) to provide
housing and related services to DoD personnel in a specific location. The
Secretarys determination must document a shortage of adequate housing in the
country identified. It must also state that participation in Department's
International Cooperative Administrative Support Services (ICASS) housing pool
is the most cost-effective means of providing housing to the agencys
personnel.
c. DoD personnel who report to an area military
command are not authorized to use the Department's GO/L housing. Surplus
residential units may be licensed to such personnel after all other mission
employees requirements have been met. License fees are normally set at market
rates; posts should contact OBO for guidance on establishing fees and license
agreements. (See 15
FAM 530.)
15 FAM 262 GUIDELINES FOR DEDICATED
HOUSING
(CT:OBO-69; 04-04-2018)
a. The senior mission representative of each foreign
affairs agency (USAID, FAS, and the DOC) and the senior Defense
official/Defense attach (SDO/DATT) are provided housingwithin the
standardsfor a family of four at the grade tier corresponding to the position.
This is because of the budgetary problems inherent in frequent changes of
leased housing for senior agency representatives whose positions may require
substantial expenditures for furniture, draperies, and security improvements.
At missions where the majority of senior foreign affairs agency representatives
are classified at the Senior Foreign Service (SFS) or Senior Executive Service
(SES) level, the senior U.S. Defense representative will be considered of
equivalent rank for the purposes of establishing housing assignments. At posts
where the security assistance officer (SAO) is the U.S. Defense representative,
dedicated housing should continue to be funded by the relevant Foreign Military
Sales Program (or other Defense-funded program); U.S. Government-owned or
capital-leased housing would not normally be provided.
b. Because the Department of State has multiple
officers of similar ranks in section-head positions, position-dedicated housing
is not required. However, post management should ensure that a flexible
variety of housing within the appropriate rank tier is provided to meet the
Departments requirements.
15 FAM 263 GUIDELINES FOR PRIVATE
LEASES
(CT:OBO-69; 04-04-2018)
a. Employees wishing to lease residential properties
must obtain approval from posts IAHB and COM prior to signing the lease. The
IAHB should consider the implications to the overall housing program if the
proposed residence is in excess of their space authorization or any established
rental-cost ceiling. No Washington, DC headquarters approval is necessary.
Posts IAHB review process should ensure that employees do not acquire
ostentatious or otherwise inappropriate housing that could create a negative
impression. LQA/OHA payments to an employee or a military member must not
exceed established LQA/OHA rates, regardless of the ultimate cost of a lease or
rental ceiling. LQA/OHA rates are set in the Standardized Regulations (U.S.
Government Civilians, Foreign Areas), or in the Joint Federal Travel
Regulations for Uniformed Service Members.
b. For any LQA/OHA lease that exceeds an employees
space authorization, or in instances where the employee is voluntarily
out-of-pocket, post management must ensure that an appropriate notation is
made on the employees Form SF-1190, Foreign Allowances Application, Grant and
Report (or equivalent for other agencies).
c. Each member of a tandem couple housed under the
LQA/OHA option is eligible to receive his or her respective allowance, not to
exceed one-half of the joint total lease and utility costs. However, the
rented property must be approved within the context of posts IAHB review
process, which is outlined in this section. If the annual rent exceeds posts
rental ceiling or the FAM residential space standards, posts IAHB has the
authority to deny authorization to rent the proposed property.
d. If adequate GO or leased residential property is
available at post, employees may not receive LQA/OHA if such housing would
remain vacant. Adequate U.S. Government-leased housing may not be dropped from
post inventory to grant LQA/OHA merely to satisfy an employees preference for
a particular unit.
e. Properties acquired under the LQA program or the OHA
program must have the approval of the regional security officer (RSO) or post
security officer (PSO). The post occupational safety and health officer
(POSHO) must complete an inspection of the property, and provide the findings
to the employee. (See 15 FAM 252.5
and 15 FAM 970.)
The employee must then negotiate with the landlord to make the required
changes; otherwise, the employee must find another suitable residence or
perform the required changes themselves with the landlords consent. It is the
employees responsibility to negotiate with the landlord to correct
deficiencies identified in the POSHO inspection of the property.
f. Properties acquired under the LQA or OHA programs
must follow the requirements for high-rise properties, which are outlined in 15 FAM 812.5,
Acquiring High-Rise Properties.
g. Employees wishing to lease residential properties
are encouraged to use the OBO model lease.
15 FAM 264 GUIDELINES FOR DETERMINING
SPACE AUTHORIZATIONS
15 FAM 264.1 Basis for Space
Authorization
(CT:OBO-69; 04-04-2018)
a. Housing will be provided to employees based on
position rank and family size at time of arrival at post. When an employees
position rank is greater or less than his or her personal rank, the position
rank determines the employees maximum authorization. Position
reclassification during a tour of duty is not justification for changing a
residence. A complete listing of all Foreign Service, Civil Service, and
military grade equivalents is contained in 15 FAM Exhibit 264.
(For waiver provisions, see 15 FAM 312.8
and 15 FAM 322.)
b. The space standards are maximums that reflect
employees position rank and family size at time of arrival at post. The
number of bedrooms is not specifically a factor in determining the space
authorization for an employee. Posts IAHB and the SRPM must ensure that
available housing is effectively and rationally managed in light of both
employee requirements and U.S. Government interests.
c. The number of official eligible family members
(EFMs) residing permanently (more than 50% of the year) at post determines an
employees space authorization. Whenever there is documented evidence of
impending birth or adoption showing an employees expectation of additional
official EFMs within a reasonable period of arrival at post, they may be
counted. An increase or decrease in the number of EFMs during a tour is not an
automatic entitlement or requirement to change an employees space standard
(and therefore housing). Housing moves will be considered on a case-by-case
basis, taking into consideration posts needs and the specific familys
situation. In determining appropriate authorizations, the following guidelines
apply:
(1) Tandem employees: Tandem
employees receive the space authorization for the senior member of the couple.
All costs will be shared equally by the respective parent agencies, except as
set forth in 15
FAM 163, paragraphs a and b;
(2) Official EFMs on orders residing
away from post: For employees with official EFMs at post less than 50%
of the year, termed residing away from post, the employees maximum
authorization increases:
(a) 175 square feet (16 square meters) for one to two
EFMs; and
(b) 350 square feet (33 square meters) for three to four
EFMs.
For example, an employee with five EFMs at post
less than 50% of the year would have an authorized maximum of [base allotment]
+ 525 square feet. Eligible dependent children will only be considered for
housing authorization if, at the time of the family arrival at post, they are
under age 21;
(3) Employees with family members on
separate maintenance allowance (SMA): For the purposes of this policy,
family members on SMA cannot be considered in determining an employees space
authorization;
(4) Children of separated parents:
If an employee shares legal custody of a child or children from a previous
marriage, and it is anticipated that the child or children will visit post
frequently, the maximum authorization will be increased per subparagraph c(2)
of this section; and
(5) Single parents or families with a
live-in housekeeper: The U.S. Government is not required to provide
housing for the employees household staff. To the extent that housing with
staff quarters may be available in posts inventory, the SRPM and posts IAHB
may wish to ensure the local housing policy gives preference for such housing
to single parents or other families requiring such space.
15 FAM 264.2 Locality Adjustment
Factors
(CT:OBO-69; 04-04-2018)
a. The quality of life at each post is an integral
part of determining the locality adjustment factor. Available cultural and
recreational activities, climate, security (both in terms of terrorism and
crime), and isolation are items considered when assigning a locality index
number to a particular post. At the center of this is the Departments desire
to ensure the well-being of the employee and family.
b. Recognizing the inherent differences at posts, a
three-level locality index has been established, with each level increasing in
increments of 10%. In addition to the requirement for consumable storage
space, these determinations were based on the following three criteria:
(1) Type 1: Posts in this
group are in countries characterized by relatively high economic development,
general availability of cultural and recreational activities, essentially
unrestricted travel opportunities, and threat to personal safety no greater
than in the Washington, DC area. At these posts, employees and their EFMs
typically spend as much time in their residences as they would in the
Washington, DC area;
(2) Type 2 (10% increase over Type 1):
Included in this group are posts with limited cultural and recreational
activities, greater physical isolation (limited travel opportunities), and/or a
climate that would result in employees and their EFMs spending more time at
home. General terrorist threat or threats to personal security, resulting in
RSO-mandated restrictions on travel, may also be a factor; and
(3) Type 3 (10% increase over Type 2):
Daily life is the most difficult in these posts. Cultural and recreational
facilities are scarce, travel is restricted, and the terrorist threat to
personal security is very high. Employees and EFMs at these posts spend most
of their leisure time in their homes or those of other mission members.
c. OBO and the regional bureaus review post locality
codes every 5 years. When posts determine that a material change in posts
quality of life has occurred, they may request a review of the post locality
code. The SRPM and posts IAHB must be responsible for this determination.
Posts should not request changes in this rating to reflect short-term
situations, but rather should seek a reevaluation only if posts assessment of
the environment is supported by documented trends. Such evaluations may be
considered for either increasing or decreasing the post rating. The 15 FAM Exhibit
237(2) identifies each post by
locality type.
15 FAM 264.3 Other Considerations
in Housing Assignments
15 FAM 264.3-1 Special
Circumstances
(CT:OBO-69; 04-04-2018)
In making housing assignments within the space standards,
posts should also consider the particular requirements of employees, e.g.,
physical disabilities, or factors related to aged or disabled EFMs.
15 FAM 264.3-2 Space Layout
(CT:OBO-69; 04-04-2018)
Under this policy, space standards have been established
on the basis of position rank and family size. Within these criteria, posts
should seek appropriate units that have varying configurations that will meet
their housing needs and requirements. Housing units with the same square
footage can be vastly different because of their layouts, with some being more
appropriate for representation or certain family sizes than others. Such
considerations should be factored into the assignment of housing.
15 FAM 264.3-3 Representation
Function
(CT:OBO-69; 04-04-2018)
a. Representation is a key diplomatic function for many
employees abroad who must develop personal relationships with host- and
third-country officials in order to advance U.S. policies. As an employee
rises through the ranks, it is reasonable to assume that his or her
professional responsibilities will increase, and representational functions
(personal and official) may correspondingly increase. Within the respective
tiers of space standards (maximum allowable residence size), as defined in 15 FAM Exhibit
237(1) and 15
FAM Exhibit 237(2), it is estimated that employees could conduct functions
at the following levels:
|
Dining Room Seating
|
Cocktail/Buffet
|
Reception
|
Standard
|
68
|
Up to 12
|
Up to 20
|
Middle
|
812
|
Up to 18
|
Up to 30
|
Executive
|
1214
|
Up to 24
|
Up to 40
|
b. These estimates are projected maximums; they should
not be interpreted as requirements for particular housing units or units in
excess of the occupants space standard maximum. Infrequent functions (such as
receptions) exceeding these levels could be incorporated into posts representational
plan, and co-hosted with the ambassador or DCMwhose official residences are
intended for such large-scale entertainment. Otherwise, do not eliminate
suitable housing from consideration simply because the representation
guidelines shown in this section are not met.
15 FAM 265 THROUGH 269 UNASSIGNED
15 FAM Exhibit 264
Military Rank Equivalents
(CT: OBO-69; 04-04-2018)
GRADE/RANK BY SERVICE (Army/Navy/Air
Force/Marines)
E-1 Private/Seaman Recruit/Airman Basic/Private
E-2 Private/Seaman Apprentice/Airman/Private First
Class
E-3 Private First Class/Seaman/Airman First Class/Lance
Corporal
E-4 Corporal or Specialist/Petty Officer Third
Class/Senior Airman or Sergeant/ Corporal
E-5 Sergeant/Petty Officer Second Class/Staff
Sergeant/Sergeant
E-6 Staff Sergeant/Petty Officer First Class/Technical
Sergeant/Staff Sergeant
E-7 Sergeant First Class/Chief Petty Officer/Master
Sergeant/Gunnery Sergeant
E-8 Master Sergeant/Senior Chief Petty Officer/Senior
Master Sergeant/Master Sergeant
E-9 Sergeant Major/Master Chief Petty Officer/Chief
Master Sergeant/Master Gunnery Sergeant or Sergeant Major
W-1 Warrant Officer (Army, Navy, Marines only)
W-2 Chief Warrant Officer Two (Army, Navy, Marines
only)
W-3 Chief Warrant Officer Three (Army, Navy, Marines only)
W-4 Chief Warrant Officer Four (Army, Navy, Marines
only)
W-5 Chief Warrant Officer Five (Army, Navy, Marines
only)
GRADE/RANK BY SERVICE (Army/Navy/Air
Force/Marines)
0-1 Second Lieutenant (Army, Air Force, Marines) Ensign
(Navy)
0-2 First Lieutenant (Army, Air Force, Marines)
Lieutenant Junior Grade (Navy)
0-3 Captain (Army, Air Force, Marines) Lieutenant
(Navy)
0-4 Major (Army, Air Force, Marines) Lieutenant
Commander (Navy)
0-5 Lieutenant Colonel (Army, Air Force, Marines)
Commander (Navy)
0-6 Colonel (Army, Air Force, Marines) Captain (Navy)
0-7 Brigadier General (Army, Air Force, Marines) Rear
Admiral (Lower Half) (Navy)
0-8 Major General (Army, Air Force, Marines) Rear
Admiral (Upper Half) (Navy)
0-9 Lieutenant General (Army, Air Force, Marines) Vice
Admiral (Navy)
0-10 General (Army, Air Force, Marines) Admiral (Navy)
RANK TIERS AND GRADE EQUIVALENTS
|
FS
|
GS
|
MILITARY
|
WAGE SYSTEM
|
Group 1
Executive
|
SFS
|
SES
GS 16-18
|
O-10
through O-7
|
|
Group 2
Middle
|
FS-01
FS-02
|
GS-15
GS-14
GS-13
|
O-6
O-5/W-5
O-4/W-4
O-3/W-3
|
WS-14-19, WL-15, and Productive Support Equivalents
|
Group 3
Standard
|
FS-03
FS-04
FS-05
FS-06
FS-07
FS-08
FS-09
|
GS-12
GS-11
GS-10
GS-09
GS-08
GS-07
GS-06
GS-05
|
O-2/W-2
O-1/W-1
E-7/8/9
E-5/6
E-1/2/3/4
|
WS 8-13,
WL 6-14,
WG 12-15, and
Productive Support
Equivalents
|
NOTE: These groups and grade
equivalents are for housing space standards only, and may differ from those
established by law or regulation for any other purpose.