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  • Question

    So my question is can I use Appropriated Funds to do the repairs on the pool table? We have no Non-appropriated Funds.


    Answer

    Please check with your counsel or appropriations officer on this as well as the GAO Redbook http://www.gao.gov/legal/redbook.html.

    The below is taken from page 4-28 from Volume 1 of the Redbook.

    In recent decades, the role of certain “employee welfare” activities in employee morale and productivity has been increasingly recognized.

    See 71 Comp. Gen. 527, 529 (1992) (GAO has “accepted the retention of employees and promotion of employee morale, generally, as a justification for paying some expenses that, in many circumstances, would be viewed as personal in nature . . .”). In some instances, the recognition has been accompanied by statutory authority. For example, the Defense Department has specific authority to use appropriated funds for welfare and recreation.  This authority originated in general provisions contained in annual appropriation acts, was made permanent in 1983,
    73 and is now codified at 10 U.S.C. § 2241. See also 10 U.S.C. § 2494 (Department of Defense funds available for morale, welfare, and recreation programs under certain circumstances “may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditure of nonappropriated funds.”).74 On the other hand, there are limits to congressional support for recreational funding. Congress has found it necessary to enact a specific statutory prohibition on the use of Defense appropriated funds to “equip, operate, or maintain” a golf course that is neither outside the United States nor at a “remote and isolated location” within the United States. 10 U.S.C. § 2246. (Note that this statute does not restrict the use of nonappropriated funds for golf courses.) GAO interpreted section 2246 in B-277905, Mar. 17, 1998, involving installation of irrigation pipelines for a golf course at Fort Sam Houston, Texas. GAO concluded that the explicit statutory prohibition of 10 U.S.C. § 2246 was not overcome by other statutes encouraging agency cooperation with state and local water conservation efforts, finding that “a statute that is clear and unambiguous on its face should be construed to mean what it says.”

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