42 U.S.C. § 12651g — Administration
submitted 33 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 678 words · no verdicts yet
The Corporation may accept donated services, money, and property to help run its programs. Volunteers who donate services are not treated as federal employees, except for certain injury and tort-claim rules. The Corporation can also sign contracts and must follow Office of Management and Budget rules.
(a) Donations
(1) Services: (A) Despite the usual rule against accepting free services (31 U.S.C. 1342), the Corporation* may accept help from organizations and individuals -- other than participants -- and may pay their travel costs. (B) A person who helps this way is not a federal employee and does not get federal-employee benefits or protections like standard work hours, pay, leave, or unemployment insurance. But: (i) for tort-claim purposes (title 28, chapter 171), the law treats this person as a federal employee; (ii) for federal workers'-compensation purposes (title 5, chapter 81, subchapter I), the law treats this person as an employee; and (iii) for certain criminal-conflict-of-interest laws (title 18, chapter 11, part I), this person counts as a special government employee.
(C) Inherently governmental function: (i) This person cannot perform work that must legally be done by a government officer or employee. (ii) The CEO must write regulations to enforce this rule. (iii) "Inherently governmental function" means any activity so tied to the public interest that only a government officer or employee may do it -- including anything requiring the exercise of government discretion or judgment.
(2) Property: (A) The Corporation may accept, hold, manage, use, and dispose of donated money or property of any kind, and must use it following the donor's terms as closely as possible. (B) Any donation counts legally as a gift to the United States. (C) The CEO must write rules making sure that accepting and using such property (i) does not make the Corporation or its staff look unable to act fairly, and (ii) does not compromise the integrity of Corporation programs or the people running them. (D) When the Corporation no longer needs donated property other than money, it must report that fact to the General Services Administration and dispose of the property under the Federal Property and Administrative Services Act, excluding monetary proceeds from sales of the property from this disposal requirement.
(b) Contracts
Subject to certain federal procurement laws (title 40, chapters 1-11, and most of title 41, subtitle I, division C), the Corporation may sign contracts and cooperative agreements with federal and state* agencies, private companies, institutions, and individuals to help carry out its work.
(c) Office of Management and Budget
The Corporation must follow relevant Office of Management and Budget circulars.
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.
A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A) shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that—
for the purposes of the tort claims provisions of chapter 171 of title 28, such a person shall be considered to be a Federal employee;
for the purposes of subchapter I of chapter 81 of title 5 relating to compensation to Federal employees for work injuries, such persons shall be considered to be employees, as defined in section 8101(1)(B) of title 5 and the provisions of such subchapter shall apply; and
for purposes of the provisions of chapter 11 of part I of title 18, such a person (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee.
Such a person shall not carry out an inherently governmental function.
The Chief Executive Officer shall promulgate regulations to carry out this subparagraph.
As used in this subparagraph, the term “inherently governmental function” means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government.
The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of the national service laws, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation.
Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States.
The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)—
will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and
will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs.
Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949.1
Subject to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State* agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under the national service laws.
Appropriate circulars of the Office of Management and Budget shall apply to the Corporation.
Source credit: (Pub. L. 101–610, title I, § 196, as added Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885, 891; amended Pub. L. 111–13, title I, § 1707, Apr. 21, 2009, 123 Stat. 1548.)
- 1993Enacted · Pub. L. 101-610 · 107 Stat. 885, 891
- 2009Amended · Pub. L. 111-13 · 123 Stat. 1548
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1993-09-21.
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