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B-62051 1 (1947-01-17)

handle is hein.gao/gaobadagd0001 and id is 1 raw text is: 



           COMPTROLLER GENERAL OF THE UNITED STATES
                        WASHINGTON 25


B-62051                                    IN  1 7 1947




Administrator,

     Tar Assets Administration.

My dear General Littlejohn:

     Reference is made  to your letter of November 20, 1946, as

follows:

     lThis Administration  has requested the Public Buildings
Administration to  provide office space for War Assets Adminis-
tration activities  outside of Washington, D). C. Pursuant to our
request for this  space, Public Buildings Administration has
entered into leaves  in excess of one year (usually five years),
without a cancellation  clause, and representatives of PBA have
indicated verbally  that they expect WAA to obligate its fands for
the full period  of the lease.  The War Assets Administration did
not requast  or expect PBA to enter into leases on these terms
since WAA could not  expect to require office space for any cuch
reriod, being primarily  a liquidating agency.

     It has been  held repeatedly that the liabilit  of the
Government under  a lease for a term of years is binding on the
Government  only until the end of the fiscal year in which the
lease is made,  in the absence of specific statutory authority
thorefor.  See  24 Comp. Gen. 195.  The appropriation for WAA for
the fiscal year ending  June 30, 1947, contained in the Third
Deficiency Appropriation  Act, approved July 23, 1946, contains
no provisions  for obligating such appropriation for rentals for
a period beyond  June 30, 1947.  Furtharmore, in the estinates
for this appropriation  no amount ras considered to be required
for the paymiient of rentals for any period beyond June 30, 1947,
nor was the  Congress requested to appropriate any funds for such
purposes.   PRA has indicated that such leases were made for
five-year  terms since the only way PBA could secure the required
office  space for WAA was under those terms.  However, Section
304(c) of  Title 40 U.S.C. provides:
    . 'The Cormissioner of Public Buildings, with the approval
of the Federal Works  Administrator, is further authorized to
procure  space by lease, on such terms and for such period not in
excess of  five years as he  ay deem in the public interest, for
the housing  of any Federal agency or agencies outside of the
District  of Colubia,  except the Post Office Department, and to

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