§ 422. — Authority to accept certain uncompensated services.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC422]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 10--ARMED FORCES RETIREMENT HOME
SUBCHAPTER I--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
Sec. 422. Authority to accept certain uncompensated services
(a) Authority to accept services
Subject to subsection (b) of this section and notwithstanding
section 1342 of title 31, the Chief Operating Officer or the Director 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 Director 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 Director 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) of
this section 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 Director of a facility of the
Retirement Home may recruit and train persons to provide services
authorized to be accepted under subsection (a) of this section.
(d) Status of persons providing services
(1) Subject to paragraph (3), while providing services accepted
under subsection (a) of this section or receiving training under
subsection (c) of this section, 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) of
this section 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)
of this section, 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 Director of a facility accepting
services under subsection (a) of this section may provide for
reimbursement of a person for incidental expenses incurred by the person
in providing the services accepted under subsection (a) of this section.
The Chief Operating Officer or Director shall determine which expenses
qualify for reimbursement under this subsection.
(Pub. L. 101-510, div. A, title XV, Sec. 1522, as added Pub. L. 104-201,
div. A, title X, Sec. 1052(a), Sept. 23, 1996, 110 Stat. 2649; amended
Pub. L. 107-107, div. A, title XIV, Sec. 1404(b)(4), Dec. 28, 2001, 115
Stat. 1260.)
Amendments
2001--Subsec. (a). Pub. L. 107-107, Sec. 1404(b)(4)(A), substituted
``Chief Operating Officer or the Director of a facility'' for ``Chairman
of the Retirement Home Board or the Director of each establishment'' and
struck out ``unless the acceptance of the voluntary services is
disapproved by the Retirement Home Board'' before period at end.
Subsec. (b)(1). Pub. L. 107-107, Sec. 1404(b)(4)(B), substituted
``Chief Operating Officer or the Director of a facility'' for ``Chairman
of the Retirement Home Board or the Director of the establishment'' and
inserted ``offering the services'' after ``notify the person''.
Subsec. (b)(2). Pub. L. 107-107, Sec. 1404(b)(4)(C), substituted
``Chief Operating Officer'' for ``Chairman'' in introductory provisions.
Subsec. (c). Pub. L. 107-107, Sec. 1404(b)(4)(D), substituted
``Chief Operating Officer or the Director of a facility'' for ``Chairman
of the Retirement Home Board or the Director of an establishment''.
Subsec. (e). Pub. L. 107-107, Sec. 1404(b)(4)(E), substituted
``Chief Operating Officer or the Director of a facility'' for ``Chairman
of the Retirement Board or the Director of the establishment'' and
``Chief Operating Officer or Director'' for ``Chairman or Director''.
