Chemical Safety and Hazard Investigation Board--Interagency Agreement with the General Services Administration

The Chemical Safety and Hazard Investigation Board (CSB) has requested a decision regarding the use of CSB's fiscal year 2009 appropriation for a proposed interagency agreement (IA) with the General Services Administration (GSA). Letter from General Counsel, CSB, to General Counsel, Government Accountability Office (GAO), June 29, 2009 (CSB Letter). At issue in this decision is whether services to be provided by GSA are severable or nonseverable, and whether the proposed IA would violate the Antideficiency Act. The proposed IA, with no agreed-upon period of performance, exposes CSB to an unknown and unlimited liability, and to a liability for services properly chargeable to a future fiscal year appropriation, and therefore, is not permissible under the Antideficiency Act.