Authority to accept certain voluntary services

10 U.S.C. § 1588

• Title: 10 — Armed Forces
• Chapter: 81 — CIVILIAN EMPLOYEES

Text

(a) Authority To Accept Services.—Subject to subsection (b) and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services:
(1) Voluntary medical services, dental services, nursing services, or other health-care related services.
(2) Voluntary services to be provided for a museum or a natural resources program.
(3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs:
(A) Family support programs.
(B) Child development and youth services programs.
(C) Library and education programs.
(D) Religious programs.
(E) Housing referral programs.
(F) Programs providing employment assistance to spouses of such members.
(G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.
(4) Voluntary services as a member of a funeral honors detail under section 1491 of this title.
(5) Legal services voluntarily provided as legal assistance under section 1044 of this title.
(6) Voluntary services as a proctor for administration to secondary school students of the test known as the "Armed Services Vocational Aptitude Battery".
(7) Voluntary translation or interpretation services offered with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or (B) who otherwise is approved to provide voluntary translation or interpretation services for national security purposes, as determined by the Secretary of Defense.
(8) Voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense.
(9) Voluntary services to facilitate accounting for missing persons.
(10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
(b) Requirements and Limitations.—(1) The Secretary concerned shall notify the person of the scope of the services accepted.
(2) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned shall—
(A) supervise the person to the same extent as the Secretary 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 law or regulations to provide such services.
(3) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned may not—
(A) place the person in a policy-making position; or
(B) except as provided in subsection (e), compensate the person for the provision of such services.
(c) Authority To Recruit and Train Persons Providing Services.—The Secretary concerned may recruit and train persons to provide voluntary services accepted under subsection (a).
(d) Status of Persons Providing Services.—(1) Subject to paragraph (3), while providing voluntary services accepted under subsection (a) or receiving training under subsection (c), a person, other than a person referred to in paragraph (2), 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) Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss) and chapters 309 and 311 of title 46 (relating to claims for damages or loss on navigable waters).
(C) Section 552a of title 5 (relating to maintenance of records on individuals).
(D) Chapter 11 of title 18 (relating to conflicts of interest).
(E) Section 1054 of this title (relating to legal malpractice), for a person voluntarily providing legal services accepted under subsection (a)(5), as if the person were providing the services as an attorney of a legal staff within the Department of Defense.
(2) Subject to paragraph (3), while providing a nonappropriated fund instrumentality of the United States with voluntary services accepted under subsection (a), or receiving training under subsection (c) to provide such an instrumentality with services accepted under subsection (a), a person shall be considered an employee of that instrumentality only for the following purposes:
(A) Subchapter II of chapter 81 of title 5 (relating to compensation of nonappropriated fund employees for work-related injuries).
(B) Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss).
(3) A person providing voluntary services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) or (2) only with respect to services that are within the scope of the services so accepted.
(4) 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 voluntary 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 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
(e) Reimbursement of Incidental Expenses.—The Secretary concerned may provide for reimbursement of a person for incidental expenses incurred by the person in providing voluntary services accepted under subsection (a). The Secretary shall determine which expenses are eligible for reimbursement under this subsection. Any such reimbursement may be made from appropriated or nonappropriated funds.
(f) Authority To Install Equipment.—(1) The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of persons, designated in accordance with the regulations prescribed under paragraph (4), who provide voluntary services accepted under paragraph (3) or (8) of subsection (a).
(2) In the case of equipment installed under the authority of paragraph (1), the Secretary concerned may pay the charges incurred for the use of the equipment for authorized purposes.
(3) To carry out this subsection, the Secretary concerned may use appropriated funds (notwithstanding section 1348 of title 31) or nonappropriated funds of the military department under the jurisdiction of the Secretary or, with respect to the Coast Guard, the department in which the Coast Guard is operating.
(4) The Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to carry out this subsection.
(g) Secretary Concerned for Acceptance of Services for Programs Serving Members of NOAA Corps and Their Families.—For purposes of the acceptance of services described in subsection (a)(3), the term "Secretary concerned" in subsection (a) shall include the Secretary of Commerce with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration.

History

(Added Pub. L. 98–94, title XII, §1266(a), Sept. 24, 1983, 97 Stat. 704; amended Pub. L. 99–145, title XVI, §1624(a), Nov. 8, 1985, 99 Stat. 778; Pub. L. 99–661, div. A, title XIII, §1355, Nov. 14, 1986, 100 Stat. 3996; Pub. L. 100–26, §3(9), Apr. 21, 1987, 101 Stat. 274; Pub. L. 101–189, div. A, title XVI, §1634, Nov. 29, 1989, 103 Stat. 1608; Pub. L. 102–190, div. A, title III, §345, Dec. 5, 1991, 105 Stat. 1346; Pub. L. 103–337, div. A, title X, §1061(a), Oct. 5, 1994, 108 Stat. 2845; Pub. L. 104–201, div. A, title X, §1074(a)(8), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106–65, div. A, title III, §371(a), title V, §578(f), Oct. 5, 1999, 113 Stat. 579, 627; Pub. L. 107–107, div. A, title V, §583, Dec. 28, 2001, 115 Stat. 1125; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title V, §553, title X, §1064(b), Dec. 2, 2002, 116 Stat. 2552, 2654; Pub. L. 108–375, div. A, title V, §516, title X, §1081, Oct. 28, 2004, 118 Stat. 1884, 2059; Pub. L. 110–181, div. A, title X, §1063(a)(9), Jan. 28, 2008, 122 Stat. 322; Pub. L. 112–239, div. A, title V, §587(b), Jan. 2, 2013, 126 Stat. 1768; Pub. L. 113–291, div. A, title X, §1043, Dec. 19, 2014, 128 Stat. 3493; Pub. L. 116–259, title II, §205(b)(2), Dec. 23, 2020, 134 Stat. 1167.)

Editorial Notes

Editorial Notes

Amendments
2020—Subsec. (a)(3). Pub. L. 116–259, §205(b)(2)(A), substituted "uniformed services" for "armed forces" in introductory provisions.
Subsec. (g). Pub. L. 116–259, §205(b)(2)(B), added subsec. (g).
2014—Subsec. (a)(10). Pub. L. 113–291 added par. (10).
2013—Subsec. (a)(9). Pub. L. 112–239 added par. (9).
2008—Subsec. (d)(1)(B). Pub. L. 110–181 substituted "chapters 309 and 311 of title 46" for "the Act of March 9, 1920, commonly known as the 'Suits in Admiralty Act' (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 3, 1925, commonly known as the 'Public Vessels Act' (43 Stat. 1112; 46 U.S.C. App. 781 et seq.)".
2004—Subsec. (a)(8). Pub. L. 108–375, §516(1), added par. (8).
Subsec. (d)(1)(B). Pub. L. 108–375, §1081, inserted before period at end "and the Act of March 9, 1920, commonly known as the 'Suits in Admiralty Act' (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 3, 1925, commonly known as the 'Public Vessels Act' (43 Stat. 1112; 46 U.S.C. App. 781 et seq.) (relating to claims for damages or loss on navigable waters)".
Subsec. (f)(1). Pub. L. 108–375, §516(2), substituted "paragraph (3) or (8) of subsection (a)" for "subsection (a)(3)".
2002—Subsec. (a)(6). Pub. L. 107–314, §553, added par. (6).
Subsec. (a)(7). Pub. L. 107–314, §1064(b), added par. (7).
Subsec. (f)(4). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
2001—Subsec. (a)(5). Pub. L. 107–107, §583(a), added par. (5).
Subsec. (d)(1)(E). Pub. L. 107–107, §583(b), added subpar. (E).
1999—Subsec. (a)(4). Pub. L. 106–65, §578(f), added par. (4).
Subsec. (f). Pub. L. 106–65, §371(a), added subsec. (f).
1996—Subsec. (d)(1)(C). Pub. L. 104–201 substituted "Section 552a" for "Section 522a".
1994—Pub. L. 103–337 amended section generally, substituting subsecs. (a) to (e) for former subsecs. (a) to (c) which related to acceptance by Secretary concerned of voluntary services, status of persons providing voluntary services, and reimbursement of expenses incurred by such persons.
1991—Subsec. (c). Pub. L. 102–190 substituted "may be made from appropriated or nonappropriated funds" for "may only be made from nonappropriated funds".
1989—Subsec. (a). Pub. L. 101–189 substituted "a museum, a natural resources program, or" for "a museum or".
1987—Subsec. (c). Pub. L. 100–26 made technical amendment to directory language of Pub. L. 99–661. See 1986 Amendment note below.
1986—Subsec. (c). Pub. L. 99–661, as amended by Pub. L. 100–26, added subsec. (c).
1985—Subsec. (a). Pub. L. 99–145 substituted "Secretary concerned" and "operated by the military department concerned or the Coast Guard, as appropriate" for "Secretary of a military department" and "operated by that military department", respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1987 Amendment
Amendment by Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

Effective Date of 1985 Amendment
Pub. L. 99–145, title XVI, §1624(b), Nov. 8, 1985, 99 Stat. 778, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 1985."

Report on Implementation of Authority To Install Telecommunications Equipment for Persons Performing Voluntary Services
Pub. L. 106–65, div. A, title III, §371(b), Oct. 5, 1999, 113 Stat. 579, provided that: "Not later than two years after final regulations prescribed under subsection (f)(4) of section 1588 of title 10, United States Code, as added by subsection (a), take effect, the Comptroller General shall review the exercise of authority under such subsection (f) and submit to Congress a report on the findings resulting from the review."

Acceptance of Voluntary Services Pilot Program
Pub. L. 103–337, div. A, title X, §1061(b), Oct. 5, 1994, 108 Stat. 2847, required the Secretary of Defense to conduct a pilot program, for not less than six months, to evaluate the policies and procedures of the Department of Defense for the acceptance of voluntary services under this section, with a final report due to Congress no later than 60 days after the termination of the program.