
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12651g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
       Division G--Corporation for National and Community Service
 
Sec. 12651g. Administration


(a) Donations

                            (1) Services

        (A) Volunteers

            Notwithstanding section 1342 of title 31, the Corporation 
        may solicit and accept the voluntary services of individuals 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.

        (B) Limitation

            Such a volunteer 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--
                (i) for the purposes of the tort claims provisions of 
            chapter 171 of title 28, a volunteer under this division 
            shall be considered to be a Federal employee;
                (ii) for the purposes of subchapter I of chapter 81 of 
            title 5 relating to compensation to Federal employees for 
            work injuries, volunteers under this division 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
                (iii) for purposes of the provisions of chapter 11 of 
            part I of title 18, such a volunteer (to whom such 
            provisions would not otherwise apply except for this 
            subsection) shall be a special Government employee.

        (C) Inherently governmental function

            (i) In general

                Such a volunteer shall not carry out an inherently 
            governmental function.
            (ii) Regulations

                The Chief Executive Officer shall promulgate regulations 
            to carry out this subparagraph.
            (iii) ``Inherently governmental function'' defined

                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.

                            (2) Property

        (A) In general

            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.

        (B) Status of contribution

            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.

        (C) Rules

            The Chief Executive Officer shall establish written rules to 
        ensure that the solicitation, acceptance, holding, 
        administration, and use of property described in subparagraph 
        (A)--
                (i) 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
                (ii) will not compromise the integrity of the programs 
            of the Corporation or any official or employee of the 
            Corporation involved in such programs.

        (D) Disposition

            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 (40 U.S.C. 481 et seq.).

                            (3) Volunteer

        As used in this subsection, the term ``volunteer'' does not 
    include a participant.

(b) Contracts

    Subject to the Federal Property and Administrative Services Act of 
1949 [40 U.S.C. 471 et seq.], 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.

(c) Office of Management and Budget

    Appropriate circulars of the Office of Management and Budget shall 
apply to the Corporation.

(Pub. L. 101-610, title I, Sec. 196, as added Pub. L. 103-82, title II, 
Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885, 891.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsecs. (a)(2)(D) and (b), is act June 30, 1949, ch. 
288, 63 Stat. 377, as amended. Title II of the Act is classified 
principally to subchapter II (Sec. 481 et seq.) of chapter 10 of Title 
40, Public Buildings, Property, and Works. Provisions of that act 
relating to contracts are classified to subchapter IV (Sec. 251 et seq.) 
of chapter 4 of Title 41, Public Contracts. For complete classification 
of this Act to the Code, see Short Title note set out under section 471 
of Title 40 and Tables.


                               Amendments

    1993--Subsecs. (a)(1)(A), (2)(A), (b). Pub. L. 103-82, 
Sec. 203(a)(1)(B), which directed amendment of section 196(a) and (b) of 
subtitle I of the National and Community Service Act of 1990 by 
substituting ``the national service laws'' for ``this chapter'', was 
executed to subsecs. (a)(1)(A), (2)(A) and (b) of this section, which is 
section 196 of subtitle G of title I of the National Community Service 
Act of 1990, to reflect the probable intent of Congress.


                    Effective Date of 1993 Amendment

    Amendment by section 203(a)(1)(B) of Pub. L. 103-82 effective Apr. 
4, 1994, see section 203(d) of Pub. L. 103-82, set out as a note under 
section 12651 of this title.


                             Effective Date

    Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
82, set out as a note under section 12651 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12601, 12651d of this title.
