31 U.S.C. § 1342 — Limitation on voluntary services

Page 175 TITLE 31—MONEY AND FINANCE § 1342 appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or ob- ligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money re- quired to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a cor- poration getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. (b) An article to be used by an executive de- partment in the District of Columbia that could be bought out of an appropriation made to a reg- ular contingent fund of the department may not be bought out of another amount available for obligation. (c)(1) In this subsection— (A) the term ‘‘covered lapse in appropria- tions’’ means any lapse in appropriations that begins on or after December 22, 2018; (B) the term ‘‘District of Columbia public employer’’ means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government; (C) the term ‘‘employee’’ includes an officer; and (D) the term ‘‘excepted employee’’ means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the ap- propriate District of Columbia public em- ployer, as applicable. (2) Each employee of the United States Gov- ernment or of a District of Columbia public em- ployer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work dur- ing a covered lapse in appropriations shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enact- ment of appropriations Acts ending the lapse. (3) During a covered lapse in appropriations, each excepted employee who is required to per- form work shall be entitled to use leave under chapter 63 of title 5, or any other applicable law governing the use of leave by the excepted em- ployee, for which compensation shall be paid at the earliest date possible after the lapse in ap- propriations ends, regardless of scheduled pay dates. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101–508, title XIII, § 13213(a), Nov. 5, 1990, 104 Stat. 1388–621; Pub. L. 116–1, § 2, Jan. 16, 2019, 133 Stat. 3; Pub. L. 116–5, § 103, Jan. 25, 2019, 133 Stat. 11.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1341(a) ..... 31:665(a), (d)(2)(last sentence related to spending and obligations). R.S. § 3679(a), (d)(2)(last sen- tence related to spending and obligations); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765. 1341(b) ..... 31:669(words after semicolon). Aug. 23, 1912, ch. 350, § 6(words after semicolon), 37 Stat. 414. In subsection (b), the words ‘‘another amount avail- able for obligation’’ are substituted for ‘‘any other fund’’ for consistency in the revised title. Editorial Notes REFERENCES IN TEXT Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(1)(C), (D), is classified to section 902 of Title 2, The Congress. AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 116–1, § 2(1), in introduc- tory provisions, substituted ‘‘Except as specified in this subchapter or any other provision of law, an officer’’ for ‘‘An officer’’. Subsec. (c). Pub. L. 116–1, § 2(2), added subsec. (c). Subsec. (c)(2). Pub. L. 116–5 inserted ‘‘, and subject to the enactment of appropriations Acts ending the lapse’’ before period at end. 1990—Subsec. (a)(1)(C), (D). Pub. L. 101–508 added sub- pars. (C) and (D). § 1342. Limitation on voluntary services An officer or employee of the United States Government or of the District of Columbia gov- ernment may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Gov- ernment. As used in this section, the term ‘‘emergencies involving the safety of human life or the protection of property’’ does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protec- tion of property. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101–508, title XIII, § 13213(b), Nov. 5, 1990, 104 Stat. 1388–621; Pub. L. 104–92, title III, § 310(a), Jan. 6, 1996, 110 Stat. 20.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1342 ......... 31:665(b). R.S. § 3679(b), (d)(2)(last sen- tence related to voluntary services); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765. 31:665(d)(2)(last sen- tence related to voluntary serv- ices). The words ‘‘District of Columbia government’’ are added because of section 47–105 of the D.C. Code. Page 176 TITLE 31—MONEY AND FINANCE § 1343 Editorial Notes AMENDMENTS 1996—Pub. L. 104–92 temporarily amended section by inserting ‘‘All officers and employees of the United States Government or the District of Columbia govern- ment shall be deemed to be performing services relat- ing to emergencies involving the safety of human life or the protection of property.’’ after first sentence and by striking out at end ‘‘As used in this section, the term ‘emergencies involving the safety of human life or the protection of property’ does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property’’. See Effec- tive and Termination Dates of 1996 Amendment note below. 1990—Pub. L. 101–508 inserted at end ‘‘As used in this section, the term ‘emergencies involving the safety of human life or the protection of property’ does not in- clude ongoing, regular functions of government the sus- pension of which would not imminently threaten the safety of human life or the protection of property.’’ Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT Pub. L. 104–92, title III, § 310(a), Jan. 6, 1996, 110 Stat. 20, provided that the amendment made by that section is for the period Dec. 15, 1995, through Jan. 26, 1996. § 1343. Buying and leasing passenger motor vehi- cles and aircraft (a) In this section, buying a passenger motor vehicle or aircraft includes a transfer of the ve- hicle or aircraft between agencies. (b) An appropriation may be expended to buy or lease passenger motor vehicles only— (1) for the use of— (A) the President; (B) the secretaries to the President; or (C) the heads of executive departments listed in section 101 of title 5; or (2) as specifically provided by law. (c)(1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambu- lance) only at a total cost (except costs required only for transportation) that— (A) includes the price of systems and equip- ment the Administrator of General Services decides is incorporated customarily in stand- ard passenger motor vehicles completely equipped for ordinary operation; (B) includes the value of a vehicle used in ex- change; (C) is not more than the maximum price es- tablished by the agency having authority under law to establish a maximum price; and (D) is not more than the amount specified in a law. (2) Additional systems and equipment may be bought for a passenger motor vehicle if the Ad- ministrator decides the purchase is appropriate. The price of additional systems or equipment is not included in deciding whether the cost of the vehicle is within a maximum price specified in a law. (d) An appropriation (except an appropriation for the armed forces) is available to buy, main- tain, or operate an aircraft only if the appro- priation specifically authorizes the purchase, maintenance, or operation. (e) This section does not apply to— (1) buying, maintaining, and repairing pas- senger motor vehicles by the United States Capitol Police; (2) buying, maintaining, and repairing vehi- cles necessary to carry out projects to im- prove, preserve, and protect rivers and har- bors; or (3) leasing, maintaining, repairing, or oper- ating motor passenger vehicles necessary in the field work of the Department of Agri- culture. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 924.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1343(a) ..... 31:638a(e). July 16, 1914, ch. 141, § 5(a), (b), (e), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, § 16(a), 60 Stat. 810, 811. 1343(b) ..... 31:638a(a). 1343(c) ..... 31:638a(c)(1). July 16, 1914, ch. 141, § 5(c)(1), 38 Stat. 508; Aug. 2, 1946, ch. 744, § 16(a), 60 Stat. 810; re- stated Sept. 26, 1970, Pub. L. 91–423, 84 Stat. 879. 1343(d) ..... 31:638a(b). 1343(e) ..... 31:638a–1. July 25, 1975, Pub. L. 94–59, § 1108, 89 Stat. 300. 31:638d. Mar. 4, 1915, ch. 142, § 10, 38 Stat. 1054. 31:638e. Aug. 11, 1916, ch. 313(last pro- viso on p. 491), 39 Stat. 491. In subsection (a), the word ‘‘agency’’ is substituted for ‘‘department of the Government’’ because of section 101 of the revised title and for consistency with the other source provisions restated in the section. In subsection (b), before clause (1), the words ‘‘buy or lease’’ are substituted for ‘‘purchase or hire’’ for con- sistency. In clause (1)(C), the words ‘‘section 101 of title 5’’ are used because of section 7(b) of the Act of Sep- tember 6, 1966 (Pub. L. 89–554, 80 Stat. 631). In subsection (c)(1), before clause (A), the word ‘‘agency’’ is substituted for ‘‘department’’ for consist- ency. The words ‘‘total cost’’ are substituted for ‘‘cost’’ because of the restatement. The words ‘‘(except costs required only for transportation)’’ are substituted for ‘‘which shall be in addition to the amount required for transportation’’ for clarity. Clause (A) is substituted for ‘‘completely equipped for operation’’ and 31:638a(c)(1)(2d sentence) to eliminate unnecessary words. In subsection (c)(2), the words ‘‘Notwithstanding any other provisions of law’’ are omitted as surplus. In subsection (d), the words ‘‘armed forces’’ are sub- stituted for ‘‘Military and Naval Establishments’’ for consistency. In subsection (e)(2), the words ‘‘motor boats, trucks’’ in 31:638d are omitted as being included in ‘‘vehicles’’. The words ‘‘adopted by Congress’’ are omitted as sur- plus. In subsection (e)(3), the words ‘‘horse-drawn’’ in 31:638e are omitted because the section applies only to motor vehicles and aircraft described in 31:638a and also is obsolete. The words ‘‘motor boats’’ are omitted as being included in ‘‘vehicles’’. Statutory Notes and Related Subsidiaries MOTOR VEHICLES PURCHASED FOR INTELLIGENCE ACTIVITIES; EXCEPTION FROM MONETARY LIMITATIONS Pub. L. 103–139, title VIII, § 8105, Nov. 11, 1993, 107 Stat. 1464, provided that: ‘‘During the current fiscal year and thereafter, monetary limitations on the pur- chase price of a passenger motor vehicle shall not apply to vehicles purchased for intelligence activities con-