15 FAM 240
USING RESIDENTIAL SPACE
(CT:OBO-88; 06-18-2019)
(Office of Origin: OBO)
15 FAM 241 SUBSTITUTE OCCUPANCY
15 FAM 241.1 Chief of
Mission/Principal Officer (COM/PO), Deputy Chief of Mission (DCM), Consul
General (CG), U.S. Representative to an International Organization Residence
(CT:OBO-70; 04-25-2018)
a. If the chief of mission/principal officer (COM/PO), deputy
chief of mission (DCM), consul general (CG), or U.S. representative to an
international organization is temporarily absent, only members of his/her
family may occupy the official residence, unless the COM/PO (or the U.S.
representative to an international organization) specifically authorizes
otherwise.
b. When a COM/PO, DCM, CG, or U.S. representative to an
international organization is transferred and a replacement has not arrived at
post, the Bureau of Overseas Buildings Operations (OBO) must grant specific
authorization for a substitute occupancy. Otherwise, no one may occupy the
official residence. With the approval of the regional security officer (RSO)
and the single real property manager (SRPM), domestic staff employees may
remain in the residence during such periods. With OBOs approval, a U.S.
citizen direct-hire employee (USDH) may be assigned to occupy the premises to
safeguard it and ensure proper maintenance. (See Standardized Regulations,
Section 430.) These regulations are found on the Directives Management
website.
c. After informing OBO, the charg daffaires or
acting U.S. representative to an international organization may, if they deem
it in the best interests of the U.S. Government, allow high-level official
visitors to occupy the official residence during periods when the quarters are
vacant.
15 FAM 241.2 Other Residential
Quarters
(CT:OBO-70; 04-25-2018)
a. When an employee will be away from post for more
than ten days, they must give advance written notification to the SRPM, the management
officer (for State-controlled property), the executive officer (for USAID
employees only), and the RSO/post security officer (PSO). The notification
must specify:
(1) The length of absence;
(2) Whether someone will occupy the residential
quarters during any portion of this period (whether U.S. Government-owned/-leased (GO/L), or Living Quarters
Allowance/Overseas Housing Allowance (LQA/OHA)); and
(3) Whether someone will make periodic checks on the
residence.
Employees are not authorizedunder any
circumstances or for any length of timeto rent, trade, or otherwise exchange
U.S. Government-provided living quarters for similar accommodations in another
location, or for other consideration.
b. If an employee under LQA/OHA lets or sublets a
portion of their privately-leased or personally-owned quarters, they must
report the amount received from the sub-lessee in box 24 of Form SF-1190,
Foreign Allowances Application, Grant and Report (or other similar agency
document). It will be deducted from any allowance granted to the employee for
that period of time.
c. With the approval of the RSO/PSO, domestic staff
residing in an employees quarters may occupy their usual quarters during the
employees absence. During the employees absence, nonfamily members who are
not U.S. citizens (other than previously approved domestic staff) may not
occupy residential quarters without express authorization from the RSO and SRPM
(for State-controlled property), or USAIDs executive officer (for
USAID-controlled property). Post may, for security reasons, disallow temporary
occupancy arrangements made by the employee. The employee is responsible for
any damage caused by caretakers or domestic staff.
15 FAM 242 CONTRACT/THIRD-COUNTRY
NATIONAL (TCN) EMPLOYEES
(CT:OBO-34; 10-18-2013)
a. When housing is included in a contract or
third-country national (TCN) employees compensation, the contract should
contain a specified amount to enable the employee to acquire privately leased
quarters. In cases where private leases are not practicable, contract
staff under COM authority can participate in the leased housing pool. If
clarification or guidance is necessary, post should seek OBO authorization and
guidance for funding and leasing of quarters.
b. Unless OBO has granted authorization and funding for
leasing, U.S. Government-owned residential quarters (except for quarters
designated as domestic staff quarters) may not be assigned to, or occupied by,
individuals who are not USDH employees of the U.S. Government.
c. USAID only: USAID
sometimes contracts with TCN professionals via personal service contracts. In
these instances, the TCN is considered to be a U.S. Government employee. If
USAID recruits a TCN from outside the host country, USAID will normally provide
funds for housing and the contract will specify that the U.S. Government will
provide housing. If post operates under an LQA program for all employees,
USAID TCN employees will obtain housing in the same manner. If post operates
under a U.S. Government-leased housing program, USAID TCN employees will be
assigned housing per the regulations in 15 FAM 200 and posts housing policies.
15 FAM 243 GUESTS
(CT:OBO-34; 10-18-2013)
Employees or their eligible family members (EFMs) may
accommodate guests in their U.S. Government quarters as they would in their own
homes.
15 FAM 244 DOMESTIC staff
(CT:OBO-70; 04-25-2018)
Post personnel may house full time domestic staff in their
U.S. Government-held quarters if approved by the RSO/PSO, and space is
available. However, this is a privilege, not a right. Providing space
for domestic staff is not considered when determining employees residential
space allowances. When quarters are available, no funding is provided for
furniture, furnishings, and equipment (FF&E). Post interagency
housing boards (IAHBs) should develop guidelines on housing domestic staff
following local conditions and customs.
15 FAM 245 DAMAGE AND PERSONAL
LIABILITY
15 FAM 245.1 Occupants/Personal
Guests
(CT:OBO-70; 04-25-2018)
a. If an occupant (or their personal guests) abuses,
damages, or misuses structures, grounds, FF&E, or OBO cultural heritage
items and artwork, it will not be considered normal wear and tear, and the
occupant/employee will be held financially responsible. The SRPM shall
provide photographic documentationand any other relevant informationillustrating
the extent of damage to the funding authority to determine the full costs of
repair or replacement (including commodity, shipping, make-ready labor to
prepare the residence for the next occupant, and/or, if applicable,
restorations costs if the lease is expiring or being terminated). The funding
authority does not calculate cost based on a prorated evaluation of the
condition of the structure, grounds, or FF&E, but rather on the full cost
of the items or services required to be replaced or repaired. 14 FAM 416.5-3,
Employee Liability, does not apply to OBO/OPS/CH property and
OBO/OPS/RDF-funded FF&E.
b. The funding authority must give advanced written
approval for any alterations, renovations, or construction undertaken (a)
solely for the particular occupants (or their personal guests) benefit and
(b) at U.S. Government expense on U.S. Government-held property. Unless the
funding authority explicitly requests otherwise, the property must be restored
to its original condition upon vacating the quarters.
c. OBO/OPS/RDF does not authorize unnecessary changes
to the interior design of representational residences of the Ambassador, DCM,
CG, and PO to accommodate the personal tastes of new occupants, to include the
removal or sale of FF&E.
15 FAM 245.2 Pets
(CT:OBO-70; 04-25-2018)
a. Keeping a pet in U.S. Government-held housing units
is a privilege, not a right. The SRPM and the USAID Executive Officer may
prohibit pets on U.S. Government-held premises because of nuisance, health,
damage to U.S. Government property, infringement of quiet enjoyment, or other
reasons. Posts interagency housing boards (IAHB) should develop guidelines on
pets, following local conditions and customs.
b. Pet damage to structures, grounds, FF&E, and OBO
cultural heritage items and artwork is not normal wear and tear; such damage is
the personal financial responsibility of the employee. The SRPM shall
provide photographic documentationand any other relevant
informationillustrating the extent of the damage to the funding authority for
determining full costs of repair or replacement (including commodity, shipping,
and make-ready labor to prepare the residence for the next occupant). OBO does
not calculate value based on a prorated evaluation of the condition of the structure,
grounds, or FF&E, but on the full value of the items or services required
to replace or repair them. 14 FAM 416.5-3,
Employee Liability, does not apply to OBO/OPS/CH property and
OBO/OPS/RDF-funded FF&E. 14 FAM 416.5-5,
Employee Appeal, provides an avenue for those exceptions who feel they have
been punitively assessed damages.
c. The U.S. Government will not pay for any
alteration, renovation, or construction on U.S. Government-held property solely
to benefit pets. The funding authority, SPRM, or USAID Executive Officer
(for USAID) must give written permission for any alteration, renovation, or
construction done at personal expense. The occupant (not their parent agency)
must restore the property upon vacating the quarters.
15 FAM 246 HOBBIES AND BUSINESSES
15 FAM 246.1 Hobbies
(CT:OBO-70; 04-25-2018)
In providing residential units for its employees, the U.S.
Government does not desire to restrict the occupants right of quiet enjoyment
of personal interests, activities, and hobbies. However, it reserves the
right to prohibit or limit the pursuit of those private activities that (a)
infringe upon the rights of others to enjoy space or quiet, (b) inflict an
abnormal strain or overload on the residential units grounds, structures, or utility
services, (c) result in environmental contamination of the living space or
grounds, or (d) constitute an increased operating or continuing maintenance
cost to the U.S. Government. Where meter readings indicate that a hobby
has increased consumption of energy, the occupant must pay that portion of the
utility costs attributable to the hobby. The occupant is responsible for
the installation costs of any equipment, as well as for returning the property
to former condition.
15 FAM 246.2 Businesses
(CT:OBO-70; 04-25-2018)
a. The Department fully supports the desire of many
spouses and family members to secure employment while posted abroad. Spouses
and family members of employee occupants of U.S. Government-held or Living
Quarters Allowance/Overseas Housing Allowance (LQA/OHA) housing may use the
housing to conduct private business for personal financial gain, provided that
such conduct conforms to this sections provisions in paragraphs b or c.
b. Such housing may be used for activities that foster
cultural understanding between the embassy community and the local community,
and/or provide a benefit to mission employees or families, as determined by the
COM.
c. Such housing may be used for commercial activities
if approved by the COM. In the case of an ambassadors residence, the relevant
regional bureaus Assistant Secretary must receive a written request and grant
approval. The COM or Assistant Secretary must approve such requests where:
(1) The proposed activity would meet the following
standards (as set forth in 3 FAM 4125):
(a) It would not violate any host-country law;
(b) It would not require or entail an unacceptably broad
waiver of diplomatic privileges or immunities (as determined by the COM or
Assistant Secretary); and
(c) The COM or Assistant Secretary determines it would
not otherwise damage the interests of the United States;
(2) The COM or Assistant Secretary determines the
proposed activity is (a) appropriate, (b) takes into account local customs and
norms, post security, and other relevant considerations, and (c) whether the
activity would adversely affect the work of post;
(3) The proposed activity does not require substantial
use of the housing by non-U.S. Government employees and their families. For
example, retail sales from a residence would not be permitted, but individual
piano lessons or tutoring may be allowed in appropriate cases. Or, in the case
of the Ambassadors residence, the proposed activity does not involve any use
of the residence by non-U.S. Government employees and their families;
(4) If the Management Officer at post determines there
is a significant increase in liability risk to the Department, the occupant
obtains liability insurance. The insurance must cover the proposed use and the
presence of non-U.S. Government employees (and their families) in the
residence;
(5) The COM or Assistant Secretary determines the
spouses/family members proposed commercial activities would not create a
conflict of interest, or the appearance thereof, with the U.S. Government
employee's duties; and
(6) The person conducting the commercial activities
provides assurances the business will comply with all relevant local legal
requirements, e.g., licenses, work permits, and similar regulations.
d. If any commercial activity approved under either
paragraphs b or c of this section causes environmental contamination of the
living space or grounds, or increased operating or continuing maintenance costs
to the U.S. Government, the occupant must pay the increased costs attributable
to such use. The occupant is responsible for the installation cost of any
equipment, as well as for returning the property to its former condition.
Additionally, under no circumstances will the COM or Assistant Secretary
approve a commercial activity requiring the regular presence of the
spouses/family members employees in the residence, notwithstanding paragraphs
b and c of this section. Finally, the COM or the Assistant Secretary may,
at any time, revoke approval of a commercial activity approved pursuant to this
section if the activity no longer meets any of the above standards.
15 FAM 247 SURRENDER OF RESIDENTIAL
QUARTERS
(CT:OBO-70; 04-25-2018)
a. When any employee occupying U.S. Government-held
quarters is scheduled to depart post permanently, the occupant must surrender
the premises on or before the last day of duty at post. The COM/PO, or the
U.S. representative to an international organization, may make exceptions to
this requirement, in which case the occupant must surrender the premises within
a specified time.
b. Posts must establish procedures for USDHs and
contract individuals furnished with U.S. Government property and services to
clear post. The procedures, which are applicable to all agencies at post, will
address the requirement for departing employees to arrange for a residence
inspection and inventory not more than ten days before departure, and
preferably after employees finish packing their household and personal effects.
The procedures will also specify that U.S. Government transportation requests
(GTRs) or transportation tickets will not be issued until the checkout
clearance is complete.
c. The SRPM or the USAID Executive Officer (in the
case of USAID properties), or their designees, must inspect the premises with
the occupant, and note any items and related charges for which the occupant
will be held responsible. The employee takes personal responsibility for
damages to structures, grounds, or furnishings caused by pets, hobbies, the
employees neglect or negligence, or deliberate acts or other unusual actions
of the employee occupant, family, servants, staff, guests, or other members of
the employees household. Post housing guidelines will clearly describe the
extent and nature of this inspection.
d. Posts are authorized to institute uniform cleaning
deposit procedures (suspense deposits abroad) as determined useful and
necessary, with the agreement of post IAHB and the SRPM (or the USAID Executive
Officer for USAID properties).
e. Do not issue GTRs or transportation tickets until
the occupant has either (a) paid the amounts owed for damaged or lost property
in full, (b) acknowledged (along with their parent agency) them in writing, or
(c) appealed them according to the procedures in 14 FAM 416.5-5.
15 FAM 248 U.S. MARINE SECURITY GUARD
Residences (MSGR)
(CT:OBO-70; 04-25-2018)
The most current
memorandum of agreement (MOA) between the Department of State and the U.S.
Marine Corps governs the provision of residences for Marine security guard
(MSG) personnel. It states:
(1) It is State policy to include Marine security guard
residences (MSGR) on all new embassy/consulate compounds (NEC/NCC). MSGRs for
active detachments and space for potential future MSGRs (for missions without
an active detachment) must be included on all future NEC/NCC projects. States
Under Secretary for Management (M) must approve any deviation from this policy;
(2) Location of off-compound MSGRs: Terrorist
threats, mob violence and other crisis contingencies require MSG personnel to
respond quickly. If an off-compound MSGR is required, post must select a
residence within a three-mile radius of the embassy/consulate to maximize
effective response capability by the MSGs. The RSO, posts emergency action committee,
Diplomatic Securitys Marine Security Guard Program (DS/IP/SPC/MSG), and the
Marine Corps embassy security group (MCESG) regional commander must approve the
location and residence. If a suitable MSGR is unavailable within this
three-mile radius, the commanding officer MCESG, and the Chief, Marine Security
Guard Program (DS/IP/SPC/MSG) must approve the MSGR. All off-compound MSGRs
must comply with the security standards delineated in 12 FAH-6. To obtain an
exception, missions should submit their requests using the guidelines in 12 FAH-6 H-133. The Commanding Officer MCESG and the Chief,
Marine Security Guard Program (DS/IP/SPC/MSG) must approve all exception
requests.
(3) The Department will provide, with reimbursement
from USMC OMMC (5732 funds), fully furnished GO/L residences for all single enlisted
marines, including those assigned to MCESG regional headquarters. Make every
effort to ensure full compliance with 12 FAM provisions when considering new
MSGRs;
(4) Single, enlisted Marines within detachments will
normally live together in a fully furnished MSGR. These quarters will, to
the extent possible, be within available resources and established priorities.
They will include adequate single bedrooms with sufficient clothing storage,
with additional bedroom space (where possible) to accommodate potential
detachment growth or temporary increases in detachment staffing. The
common living spaces will be sufficient in size to accommodate the entire
detachment, as well as a reasonable number of guests. On-compound and
off-compound purpose-built MSGRs will adhere to the quarters standards, which
are delineated in Annex N of the MOA. If the off-compound MSGRs cannot meetor
be made to meetthe prescribed standards because of operational security
requirements or the environments physical limitations, the mission can
request an exception to the Annex N standards from the Chief, DS/IP/SPC/MSG and
the MCESG Commanding Officer. However, missions must first consult with the RSO
and other post officials before submitting their exception requests;
(5) State will provide, with reimbursement from USMC
OMMC (5732 funds), all maintenance and utilities for the MSGR and grounds. (See
15 FAM 620.)
Additionally, State will provide all furnishings, supplies, and equipment
necessary to support the MSGR, e.g., beds, tables, chairs, cleaning supplies,
janitorial equipment, and light bulbs (see MOA Annex A for a complete list of
support/service items for the MSGR and the appropriate funding sources);
(6) State will provide fully-furnished, separate
residences within established space standards for:
(a) Detachment Commanders and table-of-organization
(T/O)-designated Assistant Detachment Commanders who are staff noncommissioned
officers;
(b) MCESG Regional Commanders; and
(c) MCESG regional headquarters personnel (staff sergeant
and above).
(7) Single, enlisted Marines assigned as clerks to
MCESGs regional command headquarters will be assigned separate residences from
the MSG detachment, and receive the same type of basic flatware, glassware,
china, kitchen utensils, cookware, bed linens, and towels provided to the
consolidated MSGRs.
15 FAM 249 TRANSIENT AND TEMPORARY DUTY
(TDY) HOUSING
15 FAM 249.1 Transient Housing
(CT:OBO-70; 04-25-2018)
a. At the SRPMs discretion, temporarily vacant (not to
exceed 90 days without prior OBO authorization) GO/L residential properties may
be used for transient housing. With prior authorization from OBO and posts
International Cooperative Administrative Support Services (ICASS) council, the
SRPM may also use residential GO/L properties that are vacant over 90 days as
transient housing.
b. The sponsoring office/agency will reimburse (a)
personnel assigned to post who are waiting for their permanently assigned
quarters, (b) TDY personnel, and (c) visitors and other personnel for the
entire prorated cost of using transient housing. Alternatively, reimbursements
will also come through the personnels travel orders. These costs include, but
are not limited to: base rent, building operating expenses, utilities,
cleaning, and make-ready expenses.
c. TDY and WAE personnel who are filling vacant
NSDD-38 positions may be assigned residences in the housing pool. There is no
need for waivers if their stay exceeds 90 days. All costs and ICASS counts
associated with this use will be funded as if a permanent employee were
occupying the quarters.
d. If the housing would otherwise be vacant, post may
decide whether interns may occupy transient housing. Posts should not leave
housing vacant for longer than needed solely to house interns. If post should
use transient housing in this way, the office/agency sponsoring the intern
would fund the transient housing costs.
15 FAM 249.2 Temporary Duty (TDY)
Housing
15 FAM 249.2-1 Definition
(CT:OBO-70; 04-25-2018)
Temporary duty (TDY) quarters are housing units
specifically designated for use by government personnel (from a single or
multiple agencies) needing temporary lodging at post. TDY quarters are expected
to be self-sustaining based on the income derived from occupants.
15 FAM 249.2-2 Authorization
(CT:OBO-70; 04-25-2018)
a. State-controlled property only:
Designate GO/L properties as TDY quarters if they are (a) in excess of posts
housing requirements, or (b) unsuitable for permanent housing or other official
use. If post has no surplus GO quarters, posts ICASS council may
authorize leased units for TDY housing.
b. State-controlled property only:
Posts wishing to operate TDY quarters must request prior authorization from
OBO/PRE/RPL/PM. This authorization will be limited to a maximum of two
years, at which time post must seek renewed authorization. The original
application, and any requests for renewals, must contain a complete
justificationincluding estimated operating expensesand an updated rate
schedule. (See 15
FAM 249.2-3.) OBO authorization is not required if a sole, non-State agency
funds the entire cost of the lease and all associated operating expenses.
c. State-controlled property only: OBO
may allow for exceptions to the above-mentioned application and eligibility
criteria, provided appropriate stakeholders are consulted and concurrence is
received.
d. State-controlled property only:
With the prior approval of OBO, posts may delegate operation of TDY quarters to
an employee association under a license agreement. (See 6 FAM 500.)
Leased units that an employee association operates as TDY quarters will be
funded directly by the association. In posts where this is not possible,
seek OBO guidance.
e. USAID-controlled property only:
USAID missions must consult with the Overseas Management Division, Bureau for
Management, USAID/Washington (USAID/W - M/MS/OMD) with regard to operating
lodging facilities (guest houses) either directly by USAID, or through a
contract or license agreement with a local contractor or employee
association. ADS 526 contains guidance on the establishment and management
of USAID guest houses. 6 FAM 540
governs mission use by employee associations.
15 FAM 249.2-3 Rate Schedule for
Transient Quarters
(CT:OBO-88; 06-18-2019)
a. Except for Presidential Management Fellows and
participants in similar high-level programs, occupants must pay fees to use
post-held TDY quarters. Personnel assigned to post who are waiting to
move into their permanently assigned quarters, and TDY and/or WAE personnel filling
vacant NSDD-38 positions, are not exempt from paying fees for using TDY
quarters.
b. The charge for using post-operated TDY quarters
should be commensurate with the costs of providing such quarters (such as base
rent, cost of furniture, building operating expenses, utilities, basic phone,
internet, cable TV, cleaning services, lodging management, make-ready expenses,
etc.). The rate should be no more than the lodging portion of the per diem
amount, and must be approved by OBO. OBO will evaluate the rate every two
years when post submits an authorization renewal request for OBO approval. If
warranted, the rate may be adjusted earlier by submitting an authorization
renewal request to OBO.
c. The charge for using GO transient lodgings must be
commensurate with the costs of maintaining such quarters, including furniture
costs. It must be set at not more than the lodging portion of the per diem
rate. The rate will be evaluated every two years when post submits an
authorization renewal request for OBO approval. If warranted, the rate may be
adjusted earlier by submitting an authorization renewal request to OBO.
d. 6 FAM 500 governs
the charges for units operated by an employee association.
e. TDY quarters funded and occupied by personnel from a
sole agency do not need to charge a daily fee if the agency agrees to pay the
(a) entire base rent, and (b) all associated operating costs for the full
period authorized to operate the TDY quarters.
15 FAM 249.2-4 Reporting and
Proceeds
(CT:OBO-70; 04-25-2018)
a. Posts operating post-managed TDY quarters must
provide OBO with a summary of revenues and expenses during the fiscal year for
each TDY quarter. The revenue and expenses summaries are due by December 31, or
three months after the expiration of the authorization (if it is not extended).
b. Posts operating TDY quarters managed by an employee
association must comply with the financial reporting requirements and
timeframes outlined by the Office of Commissary and Recreation Affairs
(A/OPR/CR) in 6
FAM 557. In addition, posts must provide OBO with a summary of their
audited financial statements for all TDY quarters each calendar year, due no
later than April 1 of the following calendar year.
c. Using appropriate fiscal procedures, posts must
reimburse OBO for any leasehold funds provided through either the annual budget
submission process or credit proceeds, using the latest cable guidance
delivered to posts:
(1) GO units and Capital Leases - 19X05350004,
Allotment 1030, Obligation 1030+Y+Property ID, Function 7480, Revenue Source
Code AAAQ,
(2) Operating Leases funded by State-OBO Program -
19X05350003, Allotment 1030, Obligation 1030+Y+Property ID, Function 7480,
Revenue Source Code AAAQ,
(3) Operating Leases funded by OBO-ICASS -
19X4519.1.
15 FAM 249.2-5 Presidential
Management Fellows and Interns
(CT:OBO-70; 04-25-2018)
Do not assess charges for the use of post-held TDY
quarters by Department Presidential Management Fellows and participants in
similar high-level programs. TDY quarters should not be used to lodge
interns. (See 15
FAM 249.1 paragraph d, Transient Housing, and 15 FAM 249.2-3,
Rate Schedule for Transient Quarters.) However, individuals are still liable
for any damage they, or their pets, cause to the units.