View all text of Subchapter III [§ 1631 - § 1638g]
§ 1638a. Tribal management of federally owned quarters
(a) Rental rates
(1) Establishment
(2) Objectives
In establishing rental rates under this subsection, a tribal health program shall attempt—
(A) to base the rental rates on the reasonable value of the quarters to the occupants of the quarters; and
(B) to generate sufficient funds to prudently provide for the operation and maintenance of the quarters, and at the discretion of the tribal health program, to supply reserve funds for capital repairs and replacement of the quarters.
(3) Equitable funding
(4) Notice of rate change
(5) Rates in Alaska
(b) Direct collection of rent
(1) In general
(2) Action by employees
On receipt of a notice described in paragraph (1)—
(A) the affected Federal employees shall pay rent for occupancy of a federally owned quarters directly to the applicable tribal health program; and
(B) the Secretary shall not have the authority to collect rent from the employees through payroll deduction or otherwise.
(3) Use of payments
The rent payments under this subsection—
(A) shall be retained by the applicable tribal health program in a separate account, which shall be used by the tribal health program for the maintenance (including capital repairs and replacement) and operation of the quarters, as the tribal health program determines to be appropriate; and
(B) shall not be made payable to, or otherwise be deposited with, the United States.
(4) Retrocession of authority
If a tribal health program that elected to collect rent directly under paragraph (1) requests retrocession of the authority of the tribal health program to collect that rent, the retrocession shall take effect on the earlier of—
(A) the first day of the month that begins not less than 180 days after the tribal health program submits the request; and
(B) such other date as may be mutually agreed on by the Secretary and the tribal health program.
(Pub. L. 94–437, title III, § 309, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)