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Agency Discretion to Manage Appropriated

Funds: The WHO Funding Announcement



May 15, 2020

On April 14, 2020, President Donald J. Trump announced that his Administration would halt funding to
the World Health Organization (WHO) while it investigates the WHO's Coronavirus Disease 2019
(COVID-19) response effort. This investigation, the President stated, may last 60 to 90 days. As
observed in CRS Insight IN11369, U.S. Funding to the World Health Organization (WHO), by Luisa
Blanchfield and Tiaji Salaam-Blyther, Congress has not appropriated funds specifically for the WHO in
recent appropriations acts. Instead, Congress has appropriated funds for executive branch agencies to
address topics such as international disaster and famine assistance, and the recipient agency may have
opted to obligate such funds for projects that involved the WHO° It is too early to tell how the Trump
Administration's announcement might affect agency action, if at all. It is possible to construe the
Administration's statements as signaling that agencies might proceed with obligating funds by working
with different partners instead of the WHO. But some observers have questioned whether agencies
might temporarily delay obligating funds pending the Administration's investigation. Conceptually, these
two general possibilities-obligating funds or temporarily delaying obligation-raise questions about
agency discretion to manage appropriated funds.
This Sidebar provides a general discussion of an agency's authority to obligate its appropriations or,
alternatively, temporarily delay the obligation of budget authority, noting, along the way, potentially
relevant considerations in the case of the WHO funding announcement.


Appropriations Law Concepts

The Appropriations Clause of the U.S. Constitution provides that No Money shall be drawn from the
Treasury, but in Consequence of Appropriations made by Law. An appropriation is a type of budget
authority, which is authority for an individual to incur an obligation on behalf of the United States. An
obligation includes a definite commitment that creates a legal liability of the government for the
payment of goods and services ordered or received. What sets an appropriation apart from other types of
budget authority (such as boTowing or contract authority) is that only an appropriation allows an agency
to both incur obligations and make payments from the Treasury for specified purposes.


                                                               Congressional Research Service
                                                                 https://crsreports.congress.gov
                                                                                   LSB10466

CRS Lega Sidebar
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