BPLA (Contents)
Budget Process Law Annotated (1993)
Budget Enforcement Act of 1990
TITLE XIII — BUDGET ENFORCEMENT
[Pages 738-740]
SEC. 13213. conforming change to title 31.
(a) Limitations on Expending and Obligating.1825— Section 1341(a)(1) of title 31, United States Code, is amended—
(1) In subparagraph (A), by striking the final word “or”;
[PAGE 739]
(2) in subparagraph (B), by striking the final period and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
“(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 2521826 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 required to be sequestered under section 2521827 of the Balanced Budget and Emergency Deficit Control Act of 1985.”.
[PAGE 739 (continued)]
(b) Limitation on Voluntary Services.—Section 1342 of title 31, United States Code, is amended by inserting at the end the following: “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.1828
1825. The statement of managers accompanying the conference report on the Budget Enforcement Act of 1990 briefly explains the changes made by this subsection: “The conference report also makes conforming changes to title 31 of the United States Code to make clear that funds sequestered are not available for expenditure … .” H. Rep. 101. 964 (Conference Report, p. 1170), 101st Cong., 2d Sess. (1990), reprinted in 1990 U.S.C.C.A.N. 2017, 2875.
1826. This reference, which stayed as it was in the Senate-passed version of the bill, should have been changed to 254 when the conference agreement changed the section covering reports and orders to section 254.
1827. This reference, which stayed as it was in the Senate-passed version of the bill, should have been changed to 254 when the conference agreement changed the section covering reports and orders to section 254.
1828. The statement of managers accompanying the conference report on the Budget Enforcement Act of 1990 explains the changes made by this subsection:
The conference report also makes conforming changes to title 31 of the United States Code to make clear … that ongoing, regular operations of the Government cannot be sustained in the absence of appropriations, except [p. 740] in limited circumstances. These changes guard against what the conferees believe might be an overly broad interpretation of an opinion of the Attorney General issued on January 16, 1981, regarding the authority for the continuance of Government functions during the temporary lapse of appropriations, and affirm that the constitutional power of the purse resides with Congress.
H. Rep. 101-964 (Conference Report, p. 1170), 101st Cong., 2d Sess. (1990), reprinted in 1990 U.S.C.CA.N. 2017, 2875.
The managers referred to the opinion of Attorney General Benjamin R. Civiletti of January 16, 1981, regarding the authority of the Government to continue certain functions during a temporary lapse in appropriations. The opinion interpreted section 1342 of title 31, which stated (in relevant part):
§ 1342. Limitation on voluntary services
An officer or employee of the United States Government or of the District of Columbia government 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.
31 U.S.C. § 1342 (1988) (emphasis added) (subsequently amended).
The opinion spun the highlighted language out to cover more than it would appear to cover on its face. To qualify for the exception (according to the opinion) “there must be some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property.” In sum, the President would have been able to rely on this opinion to continue many public safety functions without seeking appropriations from Congress. The change limits the President more closely to the language of section 1342.
[Page 740 includes the conclusion of Note 1848]
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Budget Counsel 