- Federal appropriations cannot be used for lobbying Congress, political activism, or unauthorized publicity and propaganda
- Employees are prohibited from using their government positions to communicate with Congress outside of their official responsibilities
- The government is generally self-insured, and agencies cannot use appropriated funds to purchase unauthorized insurance coverage
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Appropriations law does not only tell agencies how they can spend money; it also clearly defines what they cannot spend money on. There are several categories of expenditure that are strictly prohibited under federal law, and understanding these restrictions is critical for anyone managing or overseeing the use of appropriated funds. From lobbying to guard services, each prohibition carries significant consequences if violated.
Lobbying With Appropriated Funds
While lobbying itself is not inherently improper, using appropriated funds to finance lobbying activities is strictly prohibited. There is no allowance for any type of lobbying of Congress by individuals whose salaries are paid with appropriated funds. This includes direct lobbying as well as the use of grassroots participation organizations to lobby on behalf of an agency. No appropriated funds may be directed toward lobbying Congress or any other government entity.
Publicity and Propaganda Restrictions
There are specific Red Book criteria governing the use of appropriated funds for publicity and propaganda. The key considerations involve determining whether the material is intended to influence the government in some way or whether it serves a purely informational purpose. Certain uses may be authorized, such as recruiting materials or agency awareness campaigns, but every case must be evaluated against the criteria outlined in the Red Book. Legal counsel should be consulted before committing any funds to publicity or propaganda efforts.
Employee Communication With Congress
Federal employees are not authorized to use their government positions to communicate with Congress about matters outside their official responsibilities. Agency heads may communicate with Congress regarding budgetary authority and appropriations needs, as this falls within their job functions. However, individual employees should not leverage their titles or positions at a specific agency to engage with members of Congress on other matters. Employees retain their right to communicate with their local representatives as private citizens, just like anyone else, but using a government position to gain access or influence is inappropriate and may constitute a conflict of interest.
Advertising and Government Publications
There are restrictions on how agencies may advertise. While certain types of advertising may be permissible, such as employment recruitment or general public awareness of an agency's services, agencies cannot engage in commercial-style advertising. The Red Book outlines specific criteria that must be met before any advertising expenditures are approved. Similarly, there are limitations on using publicity experts or hiring individuals to speak on behalf of an agency. The potential for conflicts between an agency and an outside publicity representative must be carefully evaluated before any arrangement is made.
Compensation Restrictions
Federal law prohibits certain types of compensation arrangements. Employees cannot simultaneously receive pay from a private entity and from the United States government without proper authorization. The employment of individuals who are not legally authorized to work in the United States is also prohibited. Additionally, special pays, annuities, or other forms of compensation that fall outside the standard salary and benefits appropriation are not allowed. All employee compensation must remain within the legal framework of the salaries and expenditures category.
Unauthorized Guard Services
Creating or maintaining quasi-military forces or unauthorized enforcement units is not permitted under appropriations law. Some agencies do have authorized internal security forces. For example, the Department of Housing and Urban Development operates its own police force for activities within its housing and development areas, and this is specifically authorized. However, agencies cannot redirect funds appropriated for other purposes to create separate security or enforcement capabilities. Guard services that are not specifically authorized or appropriated for cannot be funded from existing program budgets.
Insurance Limitations
The federal government is generally self-insured, which means that most additional insurance coverage is not reimbursable through appropriated funds. While there are certain authorized professional liability insurance programs, many other forms of personal insurance fall outside the scope of what the government will cover. Insurance for additional coverage while flying, traveling, or operating motor vehicles is typically already included in the government's existing travel package and federal travel regulations. Employees who purchase supplemental insurance beyond what is provided should not expect reimbursement through appropriated funds. The government will not augment its existing coverage with additional appropriated-fund insurance.
