C. Public Laws 98-473, Section 320
8
requires housing rental receipts to be deposited in a
special fund, where they will remain, until expended, for housing maintenance and
operation
9
.
2.3 Office of Management and Budget Circulars. OMB has issued the following Circulars pertaining
to the DOI Housing Management Program:
A. OMB Circular No. A-11 sets forth policies for budgeting and planning the construction of
federally-owned housing for use in conjunction with Agency programs. The pertinent
provisions of OMB Circular A-11 are found in paragraph 33.3
10
.
B. OMB Circular No. A-25 establishes policies for developing a uniform and equitable system
of charges for certain Government services and property. The provisions of OMB CircularA-
25 require a fair market value return to the Government whenever housing units are rented
for revenue purposes to private parties (the general public)
11
pending future official use or
disposal action.
C. OMB Circular No. A-45 establishes guidance on construction standards for housing and
procedures to be used in establishing housing rental rates and charges for related
conveniences supplied to tenants, except rental to the public
12
.
2.4 Federal Management Regulations. The Administrator, GSA, issues the Federal Management
Regulations (FMR)
13
under authority of the Federal Property and Administrative Services Act of
1949, 63 Stat. 377, as amended, and other laws and authorities. Selected Parts and Subparts of the
FMR pertain to the acquisition, utilization and disposal of real property, and therefore affect the DOI
housing program. These include:
A. 41 CFR 102-84, Annual Real Property Inventories establishes policies and procedures for
annual reports of real property (including housing) owned or leased by the United States.
NOTE: The annual update is now called the Federal Real Property Profile (FRPP). Each
year, GSA issues specific guidance regarding the data elements required. The DOI Associate
Director, Facility & Property Management coordinates this annual reporting requirement.
B. 41 CFR 101-18, Acquisition of Real Property sets forth policies and procedures for acquiring
real property (including GFH) by lease, purchase, or condemnation; it provides guidance on
obtaining delegations of leasing authority from GSA, and it imposes limitations on the use of
delegated authority.
8
The following is a true copy of the text of Section 320, Public Law 98-473: “Sec 320. Notwithstanding title 5 of the United States Code or
any other provision of law, after September 30, 1984, rents and charges collected by payroll deduction or otherwise for the use or occupancy of quarters of
agencies funded by this Act shall thereafter be deposited in a special fund in each agency, to remain available until expended, for the maintenance and operation of
the quarters of that agency: Provided. That for the fiscal year ending September 30, 1985, and each fiscal year thereafter, such amounts as may be collected may
be expended in the agency unit or subunit (e.g. Park, refuge, hatchery, Forest, Agency office, School, Service unit, hospital, clinic, etc.) where the funds are
collected: Provided further. That up to 10 per centum of funds collected in such unit may be transferred to another unit within the same agency.”
9
Section 320 also required that 90 percent of the monies collected must be spent at the unit (installation) in which the housing
units were located; however, this limitation was rescinded by Public Law 100-446, Section 316.
(The following is a true copy of the text
of Section 316, Public Law 100-446: “Sec. 316. Section 320 of Public Law 98-473 (98 Stat. 1874). is amended by deleting the colon and all that follows the
words “quarters of that agency” and inserting a period (.) In place of the colon.”)
10
While OMB Circulars A-11 and A-45 establish policies regarding construction of housing, the principles set forth in these
Circulars must also be satisfied prior to acquiring additional or replacement housing (see also paragraph 3.1.2).
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Because the policies of OMB Circular A-25 are not compatible with those of OMB Circular A-45, relative to rental rate
establishment, a separate set of procedures must be employed when public rental is contemplated. Refer to Paragraph 3.2.3D for
additional guidance.
12
Policies covering rental to the public are provided in OMB Circular A-25.
13
The FMR has been codified at 41 CFR 101 and 41 CFR 102. Copies may be obtained from the Superintendent of Documents,
Government Printing Office, Washington, DC 20402.
13