
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5055]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER IV--ADMINISTRATION AND COORDINATION
 
Sec. 5055. Application of Federal law


(a) General rule

    Except as provided in subsections (b), (c), (d), and (e) of this 
section, volunteers under this chapter shall not be deemed Federal 
employees and shall not be subject to the provisions of laws relating to 
Federal officers and employees and Federal employment.

(b) Specific Federal legislation

    Individuals enrolled as volunteers for periods of full-time service, 
or, as the Director deems appropriate in accordance with regulations, 
for periods of part-time service of not less than 20 hours per week for 
not less than 26 consecutive weeks, under subchapter I of this chapter 
shall, with respect to such service or training, (1) for the purposes of 
subchapter III of chapter 73 of title 5, be deemed persons employed in 
the executive branch of the Federal Government, (2) for the purposes of 
the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) and title II of 
the Social Security Act (42 U.S.C. 401 et seq.), be deemed employees of 
the United States, and any service performed by an individual as a 
volunteer (including training) shall be deemed to be performed in the 
employ of the United States, (3) for the purposes of the Federal Tort 
Claims provisions of title 28, be deemed employees of the United States, 
(4) for the purposes of subchapter I of chapter 81 of title 5 (relative 
to compensation to Federal employees for work injuries), shall be deemed 
civil employees of the United States within the meaning of the term 
``employee'' as defined in section 8101 of title 5, and the provisions 
of that subchapter shall apply except as follows: (A) in computing 
compensation benefits for disability or death, the annual rate of pay of 
a volunteer enrolled for a period of full-time service under such 
subchapter I of this chapter shall be deemed to be that received under 
the entrance salary for an employee at grade GS-5 of the General 
Schedule under section 5332 of title 5, and the annual rate of pay of a 
volunteer enrolled for a period of part-time service under such 
subchapter I of this chapter shall be deemed to be such entry salary or 
an appropriate portion thereof as determined by the Director, and 
subsections (a) and (b) of section 8113 of title 5 shall apply, and (B) 
compensation for disability shall not begin to accrue until the day 
following the date on which the injured volunteer is terminated, and (5) 
be deemed employees of the United States for the purposes of section 
5584 of title 5 (and stipends and allowances paid under this chapter 
shall be considered as pay for such purposes).

(c) Subsequent Government employment

    Any period of service of a volunteer enrolled in a program for a 
period of service of at least one year under part A of subchapter I of 
this chapter, and any period of full-time service of a volunteer 
enrolled in a program for a period of service of at least one year under 
part B or C of subchapter I of this chapter, shall be credited in 
connection with subsequent employment in the same manner as a like 
period of civilian employment by the United States Government--
        (1) for the purposes of any Act establishing a retirement system 
    for civilian employees of any United States Government agency; and
        (2) except as otherwise determined by the President, for the 
    purposes of determining seniority, reduction in force, and layoff 
    rights, leave entitlement, and other rights and privileges based 
    upon length of service under the laws administered by the Office of 
    Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 
    3901 et seq.], and every other Act establishing or governing terms 
    and conditions of service of civilian employees of the United States 
    Government: Provided, That service of a volunteer shall not be 
    credited toward completion of any probationary or trial period or 
    completion of any service requirement for career appointment.

(d) Competitive service

    Volunteers serving in programs for periods of service of at least 
one year under part A of subchapter I of this chapter, and volunteers 
serving for such periods under title VIII of the Economic Opportunity 
Act of 1964, as amended (42 U.S.C. 2991-2994d), including those whose 
service was completed under such Act, who the Director determines, in 
accordance with regulations the Director shall prescribe, have 
successfully completed their periods of service, shall be eligible for 
appointment in the competitive service in the same manner as Peace Corps 
volunteers as prescribed in Executive Order Number 11103 (April 10, 
1963).

(e) References in other laws to service under provisions relating to 
        Volunteers in Service to America deemed references to service 
        under subchapter I of this chapter

    Notwithstanding any other provision of law, all references in any 
other law to persons serving as volunteers under title VIII of the 
Economic Opportunity Act of 1964, as amended [42 U.S.C. 2991 et seq.], 
shall be deemed to be references to persons serving as full-time 
volunteers in a program of at least one year's duration under part A, B, 
or C of subchapter I of this chapter.

(f) Civil actions

    (1) The remedy--
        (A) against the United States provided by sections 1346(b) and 
    2672 of title 28 or
        (B) through proceedings for compensation or other benefits from 
    the United States as provided by any other law, where the 
    availability of such benefits precludes a remedy under section 
    1346(b) or 2672 of such title 28,

for damages for personal injury, including death, allegedly arising from 
malpractice or negligence of a physician, dentist, podiatrist, 
optometrist, nurse, physician assistant, expanded-function dental 
auxiliary, pharmacist, or paramedical (for example, medical and dental 
technicians, nursing assistants, and therapists) or other supporting 
personnel in furnishing medical care or treatment while in the exercise 
of such person's duties as a volunteer enrolled under subchapter I of 
this chapter shall be exclusive of any other civil action or proceeding 
by reason of the same subject matter against such person (or such 
person's estate) whose action or omission gave rise to such claim.
    (2) The Attorney General of the United States shall defend any civil 
action or proceeding brought in any court against any person referred to 
in paragraph (1) of this subsection (or such person's estate) for any 
such damage or injury. Any such person against whom such civil action or 
proceeding is brought shall deliver, within such time after date of 
service or knowledge of service as determined by the Attorney General, 
all process served upon such person or an attested true copy thereof to 
such person's immediate supervisor or to whomever is designated by the 
Director to receive such papers, and such person shall promptly furnish 
copies of the pleading and process therein to the United States attorney 
for the district embracing the place wherein the proceeding is brought 
and to the Attorney General.
    (3) Upon a certification by the Attorney General that the defendant 
was acting in the scope of such person's volunteer assignment at the 
time of the incident out of which the suit arose, any such civil action 
or proceeding commenced in a State court shall be removed without bond 
at any time before trial by the Attorney General to the district court 
of the United States of the district and division embracing the place 
wherein it is pending and the proceeding deemed a tort action brought 
against the United States under the provisions of title 28 and all 
references thereto. After removal the United States shall have available 
all defenses to which it would have been entitled if the action had 
originally been commenced against the United States. Should a district 
court of the United States determine on a hearing on a motion to remand 
held before a trial on the merits that the volunteer whose act or 
omission gave rise to the suit was not acting within the scope of such 
person's volunteer assignment, the case shall be remanded to the State 
court.
    (4) The Attorney General may compromise or settle any claim asserted 
in such civil action or proceeding in the manner provided in section 
2677 of title 28 and with the same effect.

(Pub. L. 93-113, title IV, Sec. 415, Oct. 1, 1973, 87 Stat. 411; Pub. L. 
96-143, Secs. 11, 18(c)(2), Dec. 13, 1979, 93 Stat. 1078, 1083; Pub. L. 
96-465, title II, Sec. 2206(h), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-551, 
Sec. 10(i)(9), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 103-82, title III, 
Sec. 366, Sept. 21, 1993, 107 Stat. 908.)

                       References in Text

    The Social Security Act, referred to in subsec. (b)(2), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of this title. For complete classification of this Act to 
the Code, see section 1305 of this title and Tables.
    The Federal Tort Claims provisions of title 28, referred to in 
subsec. (b)(3), are the provisions of the Federal Tort Claims Act, which 
is classified generally to section 1346(b) and to chapter 171 (Sec. 2671 
et seq.) of Title 28, Judiciary and Judicial Procedure.
    The Foreign Service Act of 1980, referred to in subsec. (c)(2), is 
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is 
classified principally to chapter 52 (Sec. 3901 et seq.) of Title 22, 
Foreign Relations and Intercourse. For complete classification of this 
Act to the Code, see Short Title note set out under section 3901 of 
Title 22 and Tables.
    The Economic Opportunity Act of 1964, as amended, referred to in 
subsecs. (d) and (e), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as 
amended. Title VIII of such Act, probably means title VIII of Pub. L. 
88-452 as added by Pub. L. 89-794, title VIII, Sec. 801, Nov. 8, 1966, 
80 Stat. 1472, and generally revised and amended by Pub. L. 90-222, 
title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, which was classified 
generally to subchapter VIII (Sec. 2991 et seq.) of chapter 34 of this 
title. Title VIII of the Economic Opportunity Act of 1964 as so added 
and amended was repealed by Pub. L. 93-113, title VI, 603, and its 
provisions are covered by this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 2701 of 
this title and Tables.
    Executive Order Number 11103 (April 10, 1963), referred to in 
subsec. (d), is set out under section 2504 of Title 22, Foreign 
Relations and Intercourse.


                               Amendments

    1993--Subsec. (b)(4)(A). Pub. L. 103-82 substituted ``an employee at 
grade GS-5 of the General Schedule under section 5332 of title 5'' for 
``a grade GS-7 employee''.
    1986--Subsec. (b)(2). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    Subsec. (d). Pub. L. 99-551 substituted ``the Director'' for ``he'' 
before ``shall prescribe''.
    1980--Subsec. (c)(1). Pub. L. 96-465, Sec. 2206(h)(1), substituted 
``any'' for ``section 1092(a)(1) of title 22 and every other''.
    Subsec. (c)(2). Pub. L. 96-465, Sec. 2206(h)(2), substituted 
``Foreign Service Act of 1980'' for ``Foreign Service Act of 1946''.
    1979--Subsec. (b). Pub. L. 96-143, Sec. 11(a), substituted in 
provisions preceding cl. (1) ``as volunteers for periods of full-time 
service, or, as the Director deems appropriate in accordance with 
regulations, for periods of part-time service of not less than 20 hours 
per week for not less than 26 consecutive weeks, under subchapter I of 
this chapter'' for ``in programs under subchapter I of this chapter for 
periods of service of at least one year'' and in cl. (4)(A) ``the annual 
rate of pay of a volunteer enrolled for a period of full-time service 
under such subchapter I of this chapter shall be deemed to be that 
received under the entrance salary for a grade GS-7 employee, and the 
annual rate of pay of a volunteer enrolled for a period of part-time 
service under such subchapter I of this chapter shall be deemed to be 
such entry salary or an appropriate portion thereof as determined by the 
Director'' for ``the monthly pay of a volunteer shall be deemed that 
received under the entrance salary for a grade GS-7 employee'' and added 
cl. (5).
    Subsec. (c)(2). Pub. L. 96-143, Sec. 18(c)(2), substituted ``Office 
of Personnel Management'' for ``Civil Service Commission''.
    Subsec. (f). Pub. L. 96-143, Sec. 11(b), added subsec. (f).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 392 
of Pub. L. 103-82, set out as a note under section 4951 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as 
otherwise provided, see section 11 of Pub. L. 99-551, set out as an 
Effective Date note under section 4950 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.

               Ex. Ord. No. 11561. Delegation of Authority

    Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 
9, 1987, 52 F.R. 34617, provided:
    By virtue of the authority vested in me by section 301 of title 3 of 
the United States Code, and as President of the United States, the 
authority conferred upon the President by that portion of section 
833(c)(2) of the Economic Opportunity Act of 1964 (42 U.S.C. 
2994b(c)(2)) [former section 2994b(c)(2) of this title, now subsec. 
(c)(2) of this section] which reads ``except as otherwise determined by 
the President'' is hereby delegated as follows: (1) To the Office of 
Personnel Management to the extent that such authority is with respect 
to the laws administered by the Commission, and (2) to the Secretary of 
State to the extent that such authority is with respect to the Foreign 
Service Act of 1980, as amended [22 U.S.C. 3901 et seq.].
