USE OF FEDERAL REAL PROPERTY FOR NON-FEDERAL ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00688R000200130006-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: July 2, 2001
• Sequence Number: 6
• Publication Date: December 28, 1975
• Content Type: MF

Approved *Release 2001/09/03: CIA-RDP84-OOIRR000200130006-5
MEMOijf;i; )UP1 FOR:
Deputy Director of Personnel OGC Has Reviewed
SUBJECT .
Use of Federal Real Property by Pion-Fed'2rel Ac:tivi ti ps
REFERENCES .
(a)
(b)
Ltr to CIA dtd 3 Nov 75 Acting Associate Adm i ni str:. go),
Office of Federal Management Policy, GSi- ; sane
MFF! to DD/Pers dtd 10 Dec 75 fm C/RECD responding
to above correspondence
1. This office has reviewed referent memorandum together with
attachments and offers the following comments.
2. The proposed Federal Management Circular which would require
Federal agencies to adopt standard requirements for assigning fc-c!Prally
controlled real property to non-Federal activities defiles at parrgraph
237.6a such activities to be:
Any individual, group, organization, cr association that
is organized, operated, or controlled by private ;,, i~ic'aal(sj
or an individual (s) acting outside his official capacity as an
officer, employee, or agent of the Federal Gover?amc!nt.
In explanation of this definition, Mr. Charles Clark, Chairnan of the
interagency committee which prepared the draft circular, has reportedly
stated that the determining factor regarding a non-Federal activity is
who pays the salaries of the individuals involved--the Government or a
commercial or nonappropriated fund activity. This office is of the opinion
that determination of whether an activity is Federal or not should be based
upon function performed and/or use of space rather than source of salary
of employees.
3. Real Estate and Construction Division ( RECD , OL, has note'
adverse impact upon certain activities within the age ~C;y if the prupos -d
policies are implemented by regulation. This review ,i 11 r;o t address each
activity individually but will restrict corinent. to sore: of them for X.arr;.ic'
purposes. RECD believes difficulty may arise rega'r'd l no 'The gyl,inasi ?uoii vi
s-
a-vis the definition of a non-Federal activity as Usea in c:ie circular.
This office is of the opinion that the gymr:asiuri is a Feds;:,:1 activity
no) t: rierel,y because the person uia.nanirig it is a staff e-o:plc:' s but , a.the
the facility is an inherent. part of the operation of tie r, er:cy.
Approved For Release 2001/09/03 : CIA-RDP84-00688R000200130006-5
 Approved *Release 2001/09/03 : CIA-RDP84-OORR000200130006-5
SUBJECT: Use of Federal Real Property by Non-Federal Activities
4. RECD has also expressed concern that the Employee Activity Associ-
ation (EAA) and the Government Employees Health Association (GEHA) would be
required to pay user charges.. EAA is a nonstock, nonprofit corporation
organized under the laws of Virginia. GEHA is organized as an association
Under the laws of the District of Columbia. It is noted that paragraph
237.7, Policies and Procedures of the proposed circular, details the assign-
ment of, and the charges for, use of federally controlled real property.
Furthermore, paragraph 3, appendix A to the circular, which concerns
activities providing services to employees, addresses in detail the policies
and procedures applicable to employee welfare and recreation associations.
GEHA is a welfare association whereas EAA is both a welfare and recreation
association. It is important to note that the policy to charge employee
associations also provides in paragraph 3a(l) of appendix A waiver in
certain circumstances. Specifically it states:
a. Charges -- Charge for the use of real property assigned
to employee associations shall be assessed in accordance with
Section 237.7b of this part. However, such charges may be
waived where an association's use of real property does not
interfere with the Government's use and does not result in
the Government incurring additional expenses.
5. While all space currently being utilized by the various activities
is being paid for by the Agency in accordance with the Standard Level
Users Charge, it is envisioned that a non-Federal activity users charge
as now projected (in view of the critical space shortage throughout the
Agei,lcy) could make certain employee-oriented activities prohibitively
expensive to them. Moreover, space allocations to the Agency might be
restricted by GSA until certain non-Federal activities were either put on
paying basis or eliminated in order to gain space for conventional Agency
operations.
6. It is urged that the proposed regulation be opposed for the
reasons mentioned above. Further, that if such regulation is to be
required, it is recommended that the actual determination of whether or
not an activity is Federal or not should be made exclusively by the Agency.
1--e o enera ounse
Approved For Release 2001/09/03 : CIA-RDP84-00688R000200130006-5
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UNCLASSIFIED CONFIDENTIAL SECRET
STATINTL OFFICIAL ROUTING SLIP
TO NAME AND ADDRESS DATE INITIALS
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ACTION DIRECT REPLY
PREPARE- REPLY
APPROVAL DISPATCH
RECOMMENDATION
COMMENT FILE
RETURN
CONCURRENCE INFORMATION
SIGNATURE
Remarks:
Attached are copies of memos addressed to
DD/Pers. Associate General Counsel, OL,
found our original of memo in their files.
We still do not know what happened to
AGC/OL's original memo. At any rate, here
is a xerox of AGC's memo and our original.
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F
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO. DATE
Real Estat ru i v.
UNCLA C L
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