
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 583]
[CITE: 10USC1588]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 1588. Authority to accept certain voluntary services

    (a) Authority To Accept Services.--Subject to subsection (b) and 
notwithstanding section 1342 of title 31, the Secretary concerned may 
accept from any person the following services:
        (1) Voluntary medical services, dental services, nursing 
    services, or other health-care related services.
        (2) Voluntary services to be provided for a museum or a natural 
    resources program.
        (3) Voluntary services to be provided for programs providing 
    services to members of the armed forces and the families of such 
    members, including the following programs:
            (A) Family support programs.
            (B) Child development and youth services programs.
            (C) Library and education programs.
            (D) Religious programs.
            (E) Housing referral programs.
            (F) Programs providing employment assistance to spouses of 
        such members.
            (G) Morale, welfare, and recreation programs, to the extent 
        not covered by another subparagraph of this paragraph.

        (4) Voluntary services as a member of a funeral honors detail 
    under section 1491 of this title.

    (b) Requirements and Limitations.--(1) The Secretary concerned shall 
notify the person of the scope of the services accepted.
    (2) With respect to a person providing voluntary services accepted 
under subsection (a), the Secretary concerned shall--
        (A) supervise the person to the same extent as the Secretary 
    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 
    law or regulations to provide such services.

    (3) With respect to a person providing voluntary services accepted 
under subsection (a), the Secretary concerned may not--
        (A) place the person in a policy-making position; or
        (B) except as provided in subsection (e), compensate the person 
    for the provision of such services.

    (c) Authority To Recruit and Train Persons Providing Services.--The 
Secretary concerned may recruit and train persons to provide voluntary 
services accepted under subsection (a).
    (d) Status of Persons Providing Services.--(1) Subject to paragraph 
(3), while providing voluntary services accepted under subsection (a) or 
receiving training under subsection (c), a person, other than a person 
referred to in paragraph (2), 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) Section 2733 of this title and chapter 171 of title 28 
    (relating to claims for damages or loss).
        (C) Section 552a of title 5 (relating to maintenance of records 
    on individuals).
        (D) Chapter 11 of title 18 (relating to conflicts of interest).

    (2) Subject to paragraph (3), while providing a nonappropriated fund 
instrumentality of the United States with voluntary services accepted 
under subsection (a), or receiving training under subsection (c) to 
provide such an instrumentality with services accepted under subsection 
(a), a person shall be considered an employee of that instrumentality 
only for the following purposes:
        (A) Subchapter II of chapter 81 of title 5 (relating to 
    compensation of nonappropriated fund employees for work-related 
    injuries).
        (B) Section 2733 of this title and chapter 171 of title 28 
    (relating to claims for damages or loss).

    (3) A person providing voluntary services accepted under subsection 
(a) shall be considered to be an employee of the Federal Government 
under paragraph (1) or (2) only with respect to services that are within 
the scope of the services so accepted.
    (4) 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 voluntary 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 Secretary concerned 
may provide for reimbursement of a person for incidental expenses 
incurred by the person in providing voluntary services accepted under 
subsection (a). The Secretary shall determine which expenses are 
eligible for reimbursement under this subsection. Any such reimbursement 
may be made from appropriated or nonappropriated funds.
    (f) Authority To Install Equipment.--(1) The Secretary concerned may 
install telephone lines and any necessary telecommunication equipment in 
the private residences of persons, designated in accordance with the 
regulations prescribed under paragraph (4), who provide voluntary 
services accepted under subsection (a)(3).
    (2) In the case of equipment installed under the authority of 
paragraph (1), the Secretary concerned may pay the charges incurred for 
the use of the equipment for authorized purposes.
    (3) To carry out this subsection, the Secretary concerned may use 
appropriated funds (notwithstanding section 1348 of title 31) or 
nonappropriated funds of the military department under the jurisdiction 
of the Secretary or, with respect to the Coast Guard, the department in 
which the Coast Guard is operating.
    (4) The Secretary of Defense and, with respect to the Coast Guard 
when it is not operating as a service in the Navy, the Secretary of 
Transportation shall prescribe regulations to carry out this subsection.

(Added Pub. L. 98-94, title XII, Sec. 1266(a), Sept. 24, 1983, 97 Stat. 
704; amended Pub. L. 99-145, title XVI, Sec. 1624(a), Nov. 8, 1985, 99 
Stat. 778; Pub. L. 99-661, div. A, title XIII, Sec. 1355, Nov. 14, 1986, 
100 Stat. 3996; Pub. L. 100-26, Sec. 3(9), Apr. 21, 1987, 101 Stat. 274; 
Pub. L. 101-189, div. A, title XVI, Sec. 1634, Nov. 29, 1989, 103 Stat. 
1608; Pub. L. 102-190, div. A, title III, Sec. 345, Dec. 5, 1991, 105 
Stat. 1346; Pub. L. 103-337, div. A, title X, Sec. 1061(a), Oct. 5, 
1994, 108 Stat. 2845; Pub. L. 104-201, div. A, title X, Sec. 1074(a)(8), 
Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106-65, div. A, title III, 
Sec. 371(a), title V, Sec. 578(f), Oct. 5, 1999, 113 Stat. 579, 627.)


                               Amendments

    1999--Subsec. (a)(4). Pub. L. 106-65, Sec. 578(f), added par. (4).
    Subsec. (f). Pub. L. 106-65, Sec. 371(a), added subsec. (f).
    1996--Subsec. (d)(1)(C). Pub. L. 104-201 substituted ``Section 
552a'' for ``Section 522a''.
    1994--Pub. L. 103-337 amended section generally, substituting 
subsecs. (a) to (e) for former subsecs. (a) to (c) which related to 
acceptance by Secretary concerned of voluntary services, status of 
persons providing voluntary services, and reimbursement of expenses 
incurred by such persons.
    1991--Subsec. (c). Pub. L. 102-190 substituted ``may be made from 
appropriated or nonappropriated funds'' for ``may only be made from 
nonappropriated funds''.
    1989--Subsec. (a). Pub. L. 101-189 substituted ``a museum, a natural 
resources program, or'' for ``a museum or''.
    1987--Subsec. (c). Pub. L. 100-26 made technical amendment to 
directory language of Pub. L. 99-661. See 1986 Amendment note below.
    1986--Subsec. (c). Pub. L. 99-661, as amended by Pub. L. 100-26, 
added subsec. (c).
    1985--Subsec. (a). Pub. L. 99-145 substituted ``Secretary 
concerned'' and ``operated by the military department concerned or the 
Coast Guard, as appropriate'' for ``Secretary of a military department'' 
and ``operated by that military department'', respectively.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-26 applicable as if included in Pub. L. 99-
661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100-26, 
set out as a note under section 776 of this title.


                    Effective Date of 1985 Amendment

    Section 1624(b) of Pub. L. 99-145 provided that: ``The amendments 
made by this section [amending this section] shall take effect on 
October 1, 1985.''


  Report on Implementation of Authority To Install Telecommunications 
           Equipment for Persons Performing Voluntary Services

    Pub. L. 106-65, div. A, title III, Sec. 371(b), Oct. 5, 1999, 113 
Stat. 579, provided that: ``Not later than two years after final 
regulations prescribed under subsection (f)(4) of section 1588 of title 
10, United States Code, as added by subsection (a), take effect, the 
Comptroller General shall review the exercise of authority under such 
subsection (f) and submit to Congress a report on the findings resulting 
from the review.''


             Acceptance of Voluntary Services Pilot Program

    Section 1061(b) of Pub. L. 103-337 provided that:
    ``(1) The Secretary of Defense shall conduct a pilot program, for 
not less than six months, to accept voluntary services under the 
authority provided in section 1588 of title 10, United States Code, as 
amended by subsection (a). The purpose of the pilot program shall be to 
evaluate the policies and procedures of the Department of Defense for 
the acceptance of voluntary services under such section. The pilot 
program shall involve a variety of services, programs, and locations.
    ``(2) The Secretary may not accept voluntary services under section 
1588 of title 10, United States Code (other than services that may have 
been accepted under such section before the date of the enactment of 
this Act [Oct. 5, 1994]), and may not issue regulations to implement the 
amendment to such section made by subsection (a), until after the 
termination of the pilot program.
    ``(3) Not later than 60 days after the termination of the pilot 
program, the Secretary shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the results of 
the pilot program.''

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 8171.
