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24 U.S.C. § 422Authority to accept certain uncompensated services

submitted 30 years ago by Pub. L. 101-510 to r/title-24-HOSPITALS-AND-ASYLUMS · 445 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Armed Forces Retirement Home can accept volunteer help from anyone. Officials must supervise volunteers like paid staff and check their qualifications. Volunteers cannot set policy or get paid, though some legal protections and expense reimbursement apply.

(a) Authority to accept services The Chief Operating Officer or a facility Administrator can accept volunteer help. This includes free or gratuitous services from any person. This is allowed even though a general law (section 1342 of title 31) normally limits accepting free services. Subsection (b)'s rules still apply. (b) Requirements and limitations (1) The official must tell each volunteer exactly what services are accepted. (2) The official must supervise the volunteer the same way a paid employee doing similar work would be supervised. The official must also make sure the volunteer is licensed, credentialed, or otherwise qualified to do the work. (3) A volunteer cannot hold a policymaking position at the Retirement Home. A volunteer also cannot be paid by the Retirement Home for the accepted services. (c) Authority to recruit and train The Chief Operating Officer or Administrator can recruit people to volunteer. They can also train volunteers for the accepted services. (d) Status of persons providing services (1) While volunteering or training, a person counts as a federal employee only for two purposes: getting workers' compensation for a work injury, and being covered under the law for claims of damage or loss caused by federal employees. (2) This federal-employee status only covers work that falls within the volunteer's accepted scope of service. (3) To figure out workers' compensation pay for an injured volunteer, the law sets a formula. Multiply the average number of hours the volunteer worked per month by the federal minimum wage. That amount counts as the volunteer's monthly pay. (e) Reimbursement of incidental expenses The Chief Operating Officer or Administrator can reimburse a volunteer for small expenses from doing the volunteer work. The official decides which expenses qualify.
the actual law source: uscode.house.gov ↗public domain
(a) Authority to accept services

Subject to subsection (b) and notwithstanding section 1342 of title 31, the Chief Operating Officer or the Administrator of a facility of the Retirement Home may accept from any person voluntary personal services or gratuitous services.

(b) Requirements and limitations
(1)

The Chief Operating Officer or the Administrator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted.

(2)

The Chief Operating Officer or Administrator 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 Chief Operating Officer or the Administrator of a facility 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:

(A)

Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).

(B)

Chapter 171 of title 28 (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 (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 206(a)(1) of title 29.

(e) Reimbursement of incidental expenses

The Chief Operating Officer or the Administrator of a facility 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 Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this subsection.

Source credit: (Pub. L. 101–510, div. A, title XV, § 1522, as added Pub. L. 104–201, div. A, title X, § 1052(a), Sept. 23, 1996, 110 Stat. 2649; amended Pub. L. 107–107, div. A, title XIV, § 1404(b)(4), Dec. 28, 2001, 115 Stat. 1260; Pub. L. 112–81, div. A, title V, § 564(b)(1), Dec. 31, 2011, 125 Stat. 1424.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 101-510 · 110 Stat. 2649
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1260
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1424

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1996-09-23.

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