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B-195260 1 (1979-07-11)

handle is hein.gao/gaobadhkd0001 and id is 1 raw text is: DECISIC FILE: B-19 MATTER O DIGEST: N 5260 THE COMPTROLLER GENERAL * OF THE UNITED STATES WASHINGTON. D.C. 20549 ;ITX DATE: July 11, 1979 F: Federal Emergency Management Agency - Authority to rent apace in District of Columbia -. -I F 1. Director, Federal Emergency Management Agency (FEMA) may enter into contrazt for rental of space in District of Columbia pursuant to sec- tion 21(b)(3) of Federal Fire Prevention and Control Act of 1974, as amended, (Act), in order to provide space for activities falling under purview of Act, notwithstanding pro- hibition in 40 U.S.C. § 34, since Act auth- orizes Administrator to lease property where- ever situated. 2. FEMA may enter into multi-year lease for space to house fire prevention and control activities since funds provided to carry out purposes of Act are appropriated without fiscal year limi- tation. However, total amount of lease pay- ments must be obligated at time contract is made, although payments may be made on a monthly basis. The Acting Director, Federal Emergency Management Agency has raised the following questions for our decision: (FEMA) 1. Whether the FEMA can enter into a contract for the rental of space in the District of Columbia pursuant to the leasing authority in section 21(b)(3) of the Federal Fire Prevention and Control Act of 1974, as amended (Fire Prevention Act), 15 U.S.C. §2218(b)(3) (1976), notwithstanding the prohibition in 40 U.S.C. § 34 (1976); 2. If so, whether the lease may be for a multi-year period; and 3. Whether (if the lease is for a multi-year period) the FEMA should obligate funds on a monthly basis, in view of sections 21 and 25 of Office of Management and Budget (OMB) Circular No. Ar34 on Budget Execution. F J I: TeJ

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