Pub. L. 104-201, div. A, tit. X, subtit. E, sec. 1052

ACCEPTANCE OF UNCOMPENSATED SERVICES.

EnactedYear: 1996Length: 615 wordsOfficial source
SEC. 1052. ACCEPTANCE OF UNCOMPENSATED SERVICES. (a) Authority.— Part A of the Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101–510; 24 U.S.C. 401 et seq.) is amended by adding at the end the following new section: “SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPENSATED SERVICES. “(a) Authority To Accept Services.— Subject to subsection (b) and notwithstanding section 1342 of title 31, United States Code, the Chairman of the Retirement Home Board or the Director of each establishment of the Retirement Home may accept from any person voluntary personal services or gratuitous services unless the acceptance of the voluntary services is disapproved by the Retirement Home Board. “(b) Requirements and Limitations.— (1) The Chairman of the Retirement Home Board or the Director of the establishment accepting the services shall notify the person of the scope of the services accepted. “(2) The Chairman or Director shall— “(A) supervise the person providing the services to the same extent as that official would supervise a compensated employee providing similar services; and “(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable laws or regulations to provide such services. “(3) A person providing services accepted under subsection (a) may not— “(A) serve in a policymaking position of the Retirement Home; or “(B) be compensated for the services by the Retirement Home. “(c) Authority To Recruit and Train Persons Providing Services.— The Chairman of the Retirement Home Board or the Director of an establishment of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a). “(d) Status of Persons Providing Services.— (1) Subject to paragraph (3), while providing services accepted under subsection (a) or receiving training under subsection (c), a person shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law: 110 STAT. 2650 “(A) Subchapter I of chapter 81 of title 5, United States Code (relating to compensation for work-related injuries). “(B) Chapter 171 of title 28, United States Code (relating to claims for damages or loss). “(2) A person providing services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) only with respect to services that are within the scope of the services accepted. “(3) For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5, United States Code (pursuant to this subsection) to a person providing services accepted under subsection (a), the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying— “(A) the average monthly number of hours that the person provided the services, by “(B) the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). “(e) Reimbursement of Incidental Expenses.— The Chairman of the Retirement Board or the Director of the establishment accepting services under subsection (a) may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a). The Chairman or Director shall determine which expenses qualify for reimbursement under this subsection.”. (b) Federal Status of Residents Paid for Part-Time or Intermittent Services.— Paragraph (2) of section 1521(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 421(b)) is amended to read as follows: “(2) being an employee of the United States for any purpose other than— “(A) subchapter I of chapter 81 of title 5, United States Code (relating to compensation for work-related injuries); and “(B) chapter 171 of title 28, United States Code (relating to claims for damages or loss).”.