U.S Code last checked for updates: May 19, 2024
§ 422.
Authority to accept certain uncompensated services
(a)
Authority to accept 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
(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
(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.)
cite as: 24 USC 422