1. Federal Appropriations Law Applying it to the ICASS Platform
Valerie A. Wenderoth
Attorney-Adviser
Office of the Legal Adviser (L/M)(Fiscal)

2. Why are we here?
Federal Agencies = function only to the extent authorized by law
Central concept for spending money at a Federal agency: Legal Authority

3. Have you ever asked . . . Are ICASS funds available to:
Build an employee recreation center?
Pay for a life-guard at the pool?
Purchase gym equipment?
Build/improve/repair a central dining facility?
Pay for construction projects related to energy?
Invest and earn interest?

4. The “Appropriations Clause” -Congressional Power of the Purse
“No money shall be drawn from the Treasury, but in consequence of Appropriations made by law. . .”
U.S. Constitution, Article I, Section 9, Clause 7

5. The Power As Interpreted by the Supreme Court
The established rule is that the expenditure of public funds is proper only when established by Congress, not that public funds may be expended unless prohibited by Congress.”
United States v. MacCollom, 426 US 317 (1976)

6. Sources of Law U.S.Code Authorization Acts Appropriation Acts
Other Public Laws

7. Legal Opinions Opinions from the Attorney General
Opinions from the Comptroller General

8. The PTA and ICASS Purpose: 31 U.S.C. 1301
Time: 31 U.S.C and 1502
Amount: 31 U.S.C. 1341, 1517, and 3302

9. 31 U.S.C – Purpose
Limits appropriations to the objects for which the appropriations were made except as otherwise provided by law
Applies equally to revolving funds

10. Choices, Choices, Choices
Unless authorized by law, two appropriations are not available for the same purpose
Specific vs. General: GAO has held that a specific appropriation must be used to the exclusion of a more general appropriation

11. Pick and Stick Two appropriations available for the same purpose?
Agency may select one for the expenditure
Once selected, the agency must continue to use that appropriation for that purpose unless agency informs Congress of its intent to change choice in the next fiscal year

12. ICASS: 22 U.S.C. § 2695 Administrative services
Provides for the consolidation of administrative services for the benefit of Federal agencies performing any foreign affairs functions
Reimbursement or advance of funds from receiving agency
Amounts should approximate the expense of providing administrative
services

13. Diplomatic and Consular Programs (D&CP)
For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $8,227,000,000, of which $1,586,214,000 is for Worldwide Security Protection . . .
Human Resources
Overseas Programs
Diplomatic Policy and Support
Security Programs

14. Embassy Security, Construction and Maintenance (ESCM)
Specifically available to cover the “necessary expenses for carrying out the Foreign Service Buildings Act . . .” which allows the Department to “alter, repair, and furnish such buildings for the use of the diplomatic and consular establishments.”

15. ICASS and Construction
What about that employee recreation center?
Analyze the issue:
31 U.S.C = “Purpose” statute
22 U.S.C 2703 and Employee Associations
ICASS vs. D&CP vs. ESCM
How to get the other
agencies to share in the cost?

16. What about Temporary Facilities?
Department has an established funding practice
Pick and Stick
Fund “temporary buildings” from D&CP
Permanent buildings from ESCM
No firm definition of “temporary” - yet
Relocatable?
Readily moved or disassembled?
Intended to be temporary?

17. Greening of Facilities Abroad: Energy Savings Performance Contracts
Contracts to design and construct projects that save energy, water, etc.
Based on the Energy Policy Act of 1992
Requires use of one of sixteen Energy Saving Companies (DOE)
Maximum term of 25 years including construction period
Funding comes from appropriations used for utility bills (D&CP or ICASS)
Very specific about how the contract must be structured
Be careful about arrangements
with local utilities at post

18. Employee Associations
22 U.S.C. 203
Section 31(a) of the State Department Basic Authorities Act gives SECSTATE authority to “authorize and assist in the establishment, maintenance and operation by civilian officers and employees of the Government of non-Government- operated services and facilities at posts abroad, including the furnishing of space, utilities, and properties owned or leased by the Government for use by its diplomatic, consular, and other missions and posts abroad.
6 FAM 524: Logistical Support

19. Fitness Equipment ALDAC dated July 1998
Establishes the Department’s position on physical fitness programs at post
Need to establish an ICASS-sponsored physical fitness program under the DOS Overseas Physical Fitness Program
ICASS funds purchase the
equipment

20. Can we invest ICASS funds?
General Rule: Agencies may not earn interest on government funds without express statutory authority
See In re: Unauthorized Use of Interest on Appropriated Funds, B (Feb. 24, 2000)
Neither WCF nor ICASS provide authority to earn interest or invest

21. Continuing Resolutions
Legislation permitting operations in the absence of an appropriation
Generally at current or lower rate
General provisions of prior year apply
No new starts

22. A quick note on food 31 U.S.C. § 1345 and the OLC opinion
Changed the circumstances for the provision of food or light refreshments at Department-sponsored conferences/meetings 
Use of appropriated funds is not permitted absent specific statutory authority
Possible Authorities Available to the Department
Dependent on the facts
Section 2 of Basic Authorities Act (and its legislative history)
food/subsistence as part of hospitality at an international conference
No legal definition of “international conference”
List of attendees/participants and subject matter to be discussed
5 U.S.C = Government Employees’ Incentive Awards Act
Authorizes purchase of light refreshments if they would materially enhance the effectiveness of the awards ceremony
Nominal cost
Training: GETA authorizes when event is deemed training and provision of food is necessary to achieve the training program’s objective. 
Representation (Domestic and Overseas)

23. Questions?
Contact Information:
Valerie Wenderoth
Attorney-Adviser (Fiscal)
Office of the Legal Adviser (L/M)
Phone: (202)