16 U.S.C. § 558e — Consideration as Federal employee

(a) Unless this section says otherwise, a volunteer is not considered a Federal employee and is not covered by laws about Federal employment, including laws about work hours, pay rates, leave, unemployment compensation, and Federal employee benefits.

(b) For Federal tort-claim provisions in title 28, a volunteer under this Act is considered a Federal employee.

(c) For subchapter I of chapter 81 of title 5, which concerns compensation for Federal employees injured at work, a volunteer is considered a civil employee of the United States within “employee” as section 8101 of title 5 defines it. That subchapter applies. This section does not define “employee.”

(d) For claims about damage to or loss of a volunteer’s personal property incident to volunteer service, the volunteer is considered a Federal employee, and section 3721 of title 31 applies.

(e) For subsections (b), (c), and (d), “volunteer” includes a person who provides volunteer services to either Secretary if: (1) a cooperating organization recruits, trains, and supports the person under a mutual-benefit or cooperative agreement with either Secretary; and (2) the person performs the services under the organization’s supervision, as directed by either Secretary in that agreement. The agreement may direct or specify: (A) the volunteer services, the geographic boundaries of the work, and the supervision the organization must provide; (B) project safety standards and procedures that volunteers must follow and the organization must enforce; (C) on-site visits by either Secretary, when feasible and only when needed to verify that volunteers are doing the services and the organization is providing the agreed supervision; (D) equipment volunteers may use; (E) training volunteers must complete; (F) actions volunteers may take; and (G) any other terms and conditions the applicable Secretary finds necessary.