National Transportation Safety Board--Application of Section 1072 of the Federal Acquisition Streamlining Act (41 U.S.C. 254) to Real Property Leases
B-316860: Apr 29, 2009
The General Counsel of the National Transportation Safety Board (NTSB) has requested our decision under 31 U.S.C. 3529 on whether NTSB may use its fiscal year appropriations to fund multiyear leases of real property and facilities under 41 U.S.C. 254c, a provision of the Federal Acquisition Streamlining Act of 1994 (FASA). In that letter, NTSB asserted stated that Congress has given it independent authority to lease real property, but explained that it doubts that it may use its fiscal year appropriations to pay for multiyear leases.
In our view, NTSB has authority to lease real property and facilities, and the authority conferred by FASA to enter into multiyear contracts pursuant to 41 U.S.C. 254c applies to leases of real property. Accordingly, NTSB may use 41 U.S.C. 254c as the basis for obligating its fiscal year appropriations to fund multiyear real property leases, so long as it complies with the terms and conditions set forth in section 254c.