Page:United States Statutes at Large Volume 119.djvu/2563

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[119 STAT. 2545]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2545]

PUBLIC LAW 109–125—DEC. 7, 2005

119 STAT. 2545

(c) PROVISION OF SERVICES AND COSTS.—The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards). (d) FEDERAL EMPLOYMENT STATUS OF VOLUNTEERS.— (1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Volunteers shall be deemed employees of the United States for the purposes of— (A) the tort claims provisions of title 28, United States Code; (B) subchapter I of chapter 81 of title 5, United States Code; and (C) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31, United States Code, shall apply. (3) Volunteers under this Act shall be subject to chapter 11 of title 18, United States Code, unless the Secretary, with the concurrence of the Director of the Office of Government Ethics, determines in writing published in the Federal Register that the provisions of that chapter, except section 201, shall not apply to the actions of a class or classes of volunteers who carry out only those duties or functions specified in the determination.

Federal Register, publication.

Approved December 7, 2005.

LEGISLATIVE HISTORY—H.R. 584: SENATE REPORTS: No. 109–156 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 151 (2005): Mar. 14, considered and passed House. Nov. 16, considered and passed Senate.

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