Page:United States Statutes at Large Volume 107 Part 1.djvu/912

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107 STAT. 886 PUBLIC LAW 103-82—SEPT. 21, 1993 "(B) LIMITATION.— Such a volxinteer 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, United States Code, a volunteer under this subtitle shall be considered to be a Federal employee;

    • (ii) for the purposes of subchapter I of chapter

81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subtitle shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the provisions of such subchapter shall apply; and "(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volimteer (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 volunteer 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.—As used in this subparagraph, the term 'inherently governmental fimction' 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. "(2) PROPERTY.— "(A) IN GENERAL. —The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. "(B) STATUS OF CONTRIBUTION.— -Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States. "(C) RULES. —The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— "(i) will not reflect imfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or