Extent of Prohibition Against Using Appropriated Funds

Section 409 of the Department of Housing and Urban Development--Independent Agencies Appropriation Act, 1980, prohibits the use of appropriated funds for plant maintenance contracts. On the basis of the legislative history of the Act, GAO concluded that this section is violated when appropriated funds are used for contracts to maintain plants located in offices to which particular Federal employees are assigned. However, the section does not apply to maintenance contracts for outdoor shrubs and plants, and it is not clear that Congress intended the prohibition to apply where the plants maintained are in publicly or commonly used areas which are not the assigned work space of any particular employee or employees.