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B-69907 1 (1977-02-11)

handle is hein.gao/gaobadqjl0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON, D.C. ZOU48 he Honorable 3 berr. NI . Ohairmn, Coriltree on Post Office and Civil Service louse of Representatives %qhis is in response to a rzequest from the previous chairman of your Coittee for an opinion as to whether 31 U.S.C. § 665(b) (1970) a!jplies to hWemers of Congress and, ij so, whiether it prohibits a 1e her of ongress from utilizing volunteers to assist in the performance of the official functions of the emer's officee Section 665(b) of title 31 provides: (h) No officer or rnloyeeo of the Unite'd States shall accept voluntary service for the United States or employ personal service in ex- cess of that authorized by law, except in cases of smrgecy involving the safety of hnmn life or the protection of property. Section 665i(b) is by its terms comprehensive, and there appears to be ao basis to elude from its application Members of Congress or other legislative branch officers or employees. cf., 13-127343, Decemer 15, 1976, and authorities cited, concerning the applicability of the Federal rort Claims Act to legislative branch employees. Aoreover, it seems rtonable to construe subsection (b) in relation to 31 U.S.C. ~1665 as a .Thle, and other provisions of this section clearly apply to the legislative branch. For exmle, subsection (h) generally prohibits any 'officer or emloyee of the United States from exceeding ia apportionment of appropriations. Subsection 665(d)(l) expressly subjects !eglative branch appropriations to apportionment. In view of these considerations, ze believe that 31 U.S.C. 4 665(b), concerning volunt ir services, does apply to Meubers of Congress. In ¢orstruin th is provision, our decisions have explained that the restriction against acceptance of voluntary service1 was niot itended to prohi it use of gratuitous service generally, but rather to forbid the acceptance of unauthorized servies not intened or agreed to be gatu itus, which therefore nay aford a basis for future cIai~so Thus 7 ucp, Geno ) 810 928), our )ffice stated;

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