Administration

42 U.S. Code § 12651g. Administration

(a) Donations
(1) Services
(A) Organizations and individuals
Notwithstanding section 1342 of title 31, the Corporation may solicit and accept the services of organizations and individuals (other than participants) 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) LimitationA person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A) 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, such a person 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, such persons 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 person (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 person 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.
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