§1342. Limitation on voluntary services — Inbound Citations

Citations to 31 U.S.C. § 1342 as a whole

• 2 U.S.C. § 2272

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  Notwithstanding section 1342 of title 31, the Architect of the Capitol, upon the recommendation of the Chief Executive Officer, may accept and use voluntary and uncompensated services for the Capitol Visitor Center as the Architect of the Capitol determines necessary. No person shall be permitted to donate personal services under this section unless such person has first agreed, in writing, to waive any and all claims against the United States arising out of or connection with such services, other than a claim under the provisions of chapter 81 of title 5. No person donating personal services under this section shall be considered an employee of the United States for any purpose other than for purposes of chapter 81 of such title. In no case shall the acceptance of personal services under this subsection¹ result in the reduction of pay or displacement of any employee of the Office of the Architect of the Capitol.
• 5 U.S.C. § 568(b)

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  (b) For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking.
• 5 U.S.C. § 583

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  For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, State, local, and tribal governments, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of section 1342 of title 31.
• 5 U.S.C. § 595(c)(13)

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  (13) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 5 U.S.C. § 3102(b)(1)(C)

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  (C) section 1342 of title 31.
• 5 U.S.C. § 3111(b)

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  (b) Notwithstanding section 1342 of title 31, the head of an agency may accept, subject to regulations issued by the Office, voluntary service for the United States if the service—

  (1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;

  (2) is to be uncompensated; and

  (3) will not be used to displace any employee.
• 5 U.S.C. § 3111(d)

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  (d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.
• 5 U.S.C. § 3161(i)(1)

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  (1) The head of a temporary organization may accept volunteer services appropriate to the duties of the organization without regard to section 1342 of title 31.
• 5 U.S.C. § 8702(d)

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  (d) Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.
• 5 U.S.C. § 8905(i)

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  (i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.
• 6 U.S.C. § 1500(e)(1)(G)

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  (G) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 7 U.S.C. § 1737(b)

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  (b) Notwithstanding section 1342 of title 31 or any other provision of law, to further assist developing countries, middle-income countries, emerging markets, sub-Saharan African countries, and Caribbean Basin countries to increase farm production and farmer incomes, the President may—

  (1) establish and administer a program, to be known as the “John Ogonowski and Doug Bereuter Farmer-to-Farmer Program”, of farmer-to-farmer technical assistance between the United States and such countries to assist in—

  (A) increasing food production and distribution; and

  (B) improving the effectiveness of the farming and marketing operations of agricultural producers in those countries;

  (2) use United States agricultural producers, agriculturalists, colleges and universities (including historically black colleges and universities, land grant colleges or universities, and foundations maintained by colleges or universities), private agribusinesses, private organizations (including grassroots organizations with an established and demonstrated capacity to carry out such a bilateral exchange program), private corporations, employees or staff of a State cooperative institution (as such term is defined in paragraph 18 of section 3103 of this title, except that subparagraphs (E), (F), and (G) of such paragraph shall not apply), and nonprofit farm organizations to work in conjunction with agricultural producers and farm organizations in those countries, on a voluntary basis—

  (A) to improve agricultural and agribusiness operations and agricultural systems in those countries, including improving—

  (i) animal care and health;

  (ii) field crop cultivation;

  (iii) fruit and vegetable growing;

  (iv) livestock operations;

  (v) food processing and packaging;

  (vi) farm credit;

  (vii) marketing;

  (viii) inputs¹

  (ix) agricultural education and extension;

  (x) selection of seed varieties and plant stocks;

  (xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;

  (xii) use and maintenance of agricultural equipment and irrigation systems; and

  (xiii) selection of fertilizers and methods of soils treatment; and

  (B) to strengthen cooperatives and other agricultural groups in those countries;

  (3) transfer the knowledge and expertise of United States agricultural producers and businesses, on an individual basis, to those countries while enhancing the democratic process by supporting private and public agriculturally related organizations that request and support technical assistance activities through cash and in-kind services;

  (4) to the maximum extent practicable, make grants to or enter into contracts or other cooperative agreements with private voluntary organizations, cooperatives, land grant universities, private agribusiness, or nonprofit farm organizations to carry out this section (except that any such contract or other agreement may obligate the United States to make outlays only to the extent that the budget authority for such outlays is available under subsection (d) or has otherwise been provided in advance in appropriation Acts);

  (5) coordinate programs established under this section with other foreign assistance programs and activities carried out by the United States; and

  (6) to the extent that local currencies can be used to meet the costs of a program established under this section, augment funds of the United States that are available for such a program through the use, within the country in which the program is being conducted, of—

  (A) foreign currencies that accrue from the sale of agricultural commodities and products under this chapter; and

  (B) local currencies generated from other types of foreign assistance activities.
• 8 U.S.C. § 1357(g)(1)

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  (1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.
• 10 U.S.C. § 343(e)(7)

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  (7) With the approval of the Secretary of Defense, the Board may accept and use the services of voluntary and uncompensated advisers appropriate to the duties of the Board without regard to section 1342 of title 31.
• 10 U.S.C. § 1588(a)

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  (a) Subject to subsection (b) and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services:

  (1) Voluntary medical services, dental services, nursing services, or other health-care related services.

  (2) Voluntary services to be provided for a museum or a natural resources program.

  (3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs:

  (A) Family support programs.

  (B) Child development and youth services programs.

  (C) Library and education programs.

  (D) Religious programs.

  (E) Housing referral programs.

  (F) Programs providing employment assistance to spouses of such members.

  (G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.

  (4) Voluntary services as a member of a funeral honors detail under section 1491 of this title.

  (5) Legal services voluntarily provided as legal assistance under section 1044 of this title.

  (6) Voluntary services as a proctor for administration to secondary school students of the test known as the “Armed Services Vocational Aptitude Battery”.

  (7) Voluntary translation or interpretation services offered with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or (B) who otherwise is approved to provide voluntary translation or interpretation services for national security purposes, as determined by the Secretary of Defense.

  (8) Voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense.

  (9) Voluntary services to facilitate accounting for missing persons.

  (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
• 10 U.S.C. § 2601(a)(2)(A)

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  (A) Notwithstanding section 1342 of title 31, the Secretary concerned may accept a gift of services for a military museum program or a professional military education institution from a nonprofit entity established for the purpose of supporting a military museum program or a professional military education institution. Employees or personnel of a nonprofit entity who provide a gift of services under this subparagraph may not be considered to be employees of the United States.
• 10 U.S.C. § 7462(c)(1)

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  (1) Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
• 10 U.S.C. § 7781(c)(2)

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  (2) Notwithstanding section 1342 of title 31, the Secretary may accept services from the Foundation in connection with the design, construction, and operation of the Center. For purposes of this section and any other provision of law, employees or personnel of the Foundation shall not be considered to be employees of the United States.
• 10 U.S.C. § 8481(c)(1)

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  (1) Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic and physical fitness programs of the Naval Academy. For purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
• 10 U.S.C. § 9462(e)(1)

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  (1) Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
• 10 U.S.C. § 10212(a)

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  (a) Notwithstanding section 1342 of title 31, the Secretary of Defense may accept the gratuitous services of an officer of a reserve component (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States) in consultation upon matters relating to the armed forces.
• 10 U.S.C. § 10212(b)

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  (b) Notwithstanding section 1342 of title 31, the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)—

  (1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or

  (2) in consultation upon matters relating to the armed forces.
• 14 U.S.C. § 953(d)(1)

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  (1) Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy.
• 15 U.S.C. § 636(k)(3)

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  (3) to accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; and
• 15 U.S.C. § 2076(b)(6)

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  (6) to accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 15 U.S.C. § 2218(b)(2)

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  (2) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 15 U.S.C. § 3724(d)(2)

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  (2) Notwithstanding section 1342 of title 31, the head of a Federal science agency may accept, subject to regulations issued by the Director of the Office of Personnel Management, in coordination with the Director of the Office of Science and Technology Policy, services from participants under this section if such services—

  (A) are performed voluntarily as a part of a crowdsourcing or citizen science project authorized under paragraph (1);

  (B) are not financially compensated for their time; and

  (C) will not be used to displace any employee of the Federal Government.
• 16 U.S.C. § 6407(c)(1)

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  (1) Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, donations of services) to further the purposes of this chapter.
• 16 U.S.C. § 6409(c)(1)

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  (1) Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, donations of services) to further the purposes of this chapter.
• 19 U.S.C. § 2171(e)(6)

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  (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 20 U.S.C. § 1402(c)

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  (c) Notwithstanding section 1342 of title 31, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this chapter.
• 22 U.S.C. § 2124c(i)(2)

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  (2) The Secretary of Commerce may accept the voluntary and uncompensated services of the Foundation, the Board, and the officers and employees of the Foundation in the performance of the functions authorized under this section, without regard to section 1342 of title 31 or the civil service classification laws, rules, or regulations.
• 22 U.S.C. § 2509(a)(4)

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  (4) accept in the name of the Peace Corps and employ or transfer in furtherance of the purposes of this chapter (A) voluntary services notwithstanding the provisions of section 1342 of title 31, and (B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise; and
• 22 U.S.C. § 2719a(e)(7)

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  (7) Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated service of members of the Board.
• 22 U.S.C. § 5422(c)(2)

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  (2) Solicit and accept voluntary and uncompensated services notwithstanding section 1342 of title 31. A volunteer under this paragraph shall not be deemed to be an employee of the United States except for the purposes of—

  (A) the tort claims provisions of title 28, and

  (B) subchapter I of chapter 81 of title 5, relating to compensation for work injuries.
• 24 U.S.C. § 422(a)

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  (a) Subject to subsection (b) and notwithstanding section 1342 of title 31, the Chief Operating Officer or the Administrator of a facility of the Retirement Home may accept from any person voluntary personal services or gratuitous services.
• 25 U.S.C. § 2012(l)(1)

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  (1) Notwithstanding section 1342 of title 31, the Secretary may, subject to the approval of the local school board concerned, accept voluntary services on behalf of Bureau schools.
• 28 U.S.C. § 677(c)(1)

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  (1) Notwithstanding section 1342 of title 31, the Counselor, with the approval of the Chief Justice, may accept voluntary personal services to assist with public and visitor programs.
• 28 U.S.C. § 995(a)(7)

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  (7) accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of 31 U.S.C. 1342, however, individuals providing such services shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims;
• 29 U.S.C. § 49l–2(d)(2)(E)

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  (E) The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of members of the Council.
• 29 U.S.C. § 783(b)(2)(A)

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  (A) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 29 U.S.C. § 795n(g)(1)

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  (1) The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of members of the Committee.
• 29 U.S.C. § 2635(f)

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  (f) Notwithstanding section 1342 of title 31, the chairperson of the Commission may accept for the Commission voluntary services provided by a member of the Commission.
• 29 U.S.C. § 3249(b)

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  (b) The Secretary is authorized, in carrying out this subchapter, to accept, purchase, or lease in the name of the Department of Labor, and employ or dispose of in furtherance of the purposes of this subchapter, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31.
• 31 U.S.C. § 1349(a)

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  (a) An officer or employee of the United States Government or of the District of Columbia government violating section 1341(a) or 1342 of this title shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.
• 31 U.S.C. § 1350

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  An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
• 31 U.S.C. § 1351

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  If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
• 33 U.S.C. § 1123(c)(4)(E)

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  (E) accept donations of money and, notwithstanding section 1342 of title 31, of voluntary and uncompensated services;
• 33 U.S.C. § 4106(b)(2)

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  (2) notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;
• 34 U.S.C. § 10226(g)

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  (g) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding section 1342 of title 31. Such individuals shall not be considered Federal employees except for purposes of chapter 81 of title 5 with respect to job-incurred disability and title 28 with respect to tort claims.
• 34 U.S.C. § 11113

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  The Administrator is authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31.
• 36 U.S.C. § 2113(f)(1)

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  (1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial.
• 36 U.S.C. § 2501(1)

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  (1) notwithstanding section 1342 of title 31, may accept voluntary and uncompensated services; and
• 36 U.S.C. § 40728B(a)(3)

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  (3) The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding section 1342 of title 31.
• 42 U.S.C. § 1314a(c)(7)

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  (7) Notwithstanding section 1342 of title 31, the Board may accept the voluntary services provided by a member of the Board.
• 42 U.S.C. § 1397k(h)

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  (h) The members of the Council shall not receive compensation for the performance of services for the Council. The members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of the members of the Council.
• 42 U.S.C. § 1397k–1(h)

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  (h) The members of the Advisory Board shall not receive compensation for the performance of services for the Advisory Board. The members shall be allowed travel expenses for up to 4 meetings per year, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Advisory Board. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of the members of the Advisory Board.
• 42 U.S.C. § 4343(b)

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  (b) Notwithstanding section 1342 of title 31, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council.
• 42 U.S.C. § 7705c(a)

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  (a) In furtherance of the purposes of this chapter, the Administrator of the Federal Emergency Management Agency may accept and use bequests, gifts, or donations of services, money, or property, notwithstanding section 1342 of title 31.
• 42 U.S.C. § 9844(g)(1)(B)

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  (B) The members of the panel shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the panel. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of members of the panel.
• 42 U.S.C. § 10248(6)

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  (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
• 42 U.S.C. § 12651g(a)(1)(A)

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  (A) Notwithstanding section 1342 of title 31, the Corporation may solicit and accept the services of organizations and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses described in section 12651b(d) of this title.
• 44 U.S.C. § 318(a)(2)

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  (2) accept voluntary and uncompensated services, notwithstanding section 1342 of title 31.
• 44 U.S.C. § 2105(d)

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  (d) Notwithstanding section 1342 of title 31, United States Code, the Archivist is authorized to accept and utilize voluntary and uncompensated services.
• 46 U.S.C. § 15109(d)

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  (d) A member of a committee established under this chapter or to which this chapter applies may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.
• 47 U.S.C. § 154(f)(4)(E)

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  (E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5 or section 1342 of title 31.
• 47 U.S.C. § 332(b)(2)

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  (2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or section 1342 of title 31.
• 49 U.S.C. § 106(l)(5)(A)

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  (A) In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.
• 50 U.S.C. § 3203(a)

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  (a) Notwithstanding section 1342 of title 31 and subject to subsection (b), the Foreign Languages Program under section 3201 of this title shall include authority for the head of a covered element of the intelligence community to accept from any dedicated personnel voluntary services in support of the activities authorized by this part.
• 51 U.S.C. § 20148(i)(3)(B)

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  (B) nothing in this section may be construed to require obligation or payment of funds in violation of sections 1341, 1342, 1349 through 1351, and 1511 through 1519 of title 31, United States Code (commonly referred to as the “Anti-Deficiency Act”).