Anonymous wrote:
Anonymous wrote:It's not a felony to do unpaid work. It's a felony to accept someone else's unpaid work.
https://www.gao.gov/legal/appropriations-law/resources
No, the criminal penalties of the Antideficiency Act apply to the federal official who obligated the funds in advance of or in excess of the appropriation. By working during the lapse while furloughed, a federal employee is obligating the government for the amout of his or her salary, without an appropriation. And that is consistent with what the linked GAO page says.
Here is an example, also from the GAO website:
Description: CPSC reported that it violated the Antideficiency Act (ADA), 31 U.S.C. § 1342, when it accepted voluntary services when a furloughed employee worked during the partial government shutdown that occurred between December 2018 and January 2019. According to CPSC, an employee assigned to the Division of Chemistry in the Directorate of Laboratory Services was furloughed on December 26, 2018, due to a lapse in appropriations. CPSC reported that its furlough notice, which the employee signed, instructed the employee not to work on official business, even as an unpaid volunteer. While furloughed, the employee accessed his official CPSC e-mail and sent a total of six emails from his official e-mail.
Remedial Action Taken: To prevent a recurrence of this type of violation, CPSC reported that it will continue to emphasize that employees who work while furloughed are subject to the penalties of the ADA. According to CPSC, the responsible employee received a three-day suspension and was required to receive trainings on the ADA and its application to government furloughs. CPSC reported that the responsible employee did not willfully or knowingly violate the ADA.
Source: Unaudited information GAO extracted from agency Antideficiency Act reports; E-mail from Acting Chief Financial Officer, CPSC to Staff Attorney, GAO (Dec. 15, 2021).