Authority To Rent Space in the District of Columbia

The Acting Director of the Federal Emergency Management Agency (FEMA) requested a decision as to whether FEMA can enter into a contract for the rental of space in the District of Columbia pursuant to the leasing authority under the Federal Fire Prevention and Control Act of 1974, notwithstanding the statutory prohibition against the rental of space in the District of Columbia. GAO concluded that the Federal Fire Prevention and Control Act enabled FEMA to lease space "wherever situated," and that this authority was sufficiently specific to overcome the prohibition against the rental of space. A 1949 Act authorizes the General Services Administration (GSA) to enter into leasing agreements for federal agencies within the District of Columbia. Therefore, the Director of FEMA may acquire space only for activities that fall under the purview of the Fire Prevention Act; any other space needs must be satisfied by GSA. It was further held that FEMA may use "no-year" appropriations to enter into a multiyear lease for the space. The total amount of lease payments must be obligated at the time the contract is made, although payments may be made on a monthly basis.