24 U.S.C. § 422 — Authority to accept certain uncompensated

Page 47 TITLE 24—HOSPITALS AND ASYLUMS § 422 1 See References in Text note below. ‘‘(F) A beneficiary named in the will of the de- ceased.’’ Subsec. (b). Pub. L. 103–160, § 366(e), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘(1) After three years from the date of death of the deceased, the Directors may sell the effects to which a right has not been established under subsection (a) of this section (except decorations, medals, and citations) by public or private sale, as the Directors consider most advantageous. ‘‘(2) After five years from the date of death of the de- ceased, the Directors shall dispose of effects that were not sold under paragraph (1) (including decorations, medals, and citations) and to which a right has not been established under subsection (a) of this section. The sale shall be made in the manner that the Direc- tors consider most appropriate in the public interest. Disposal may include— ‘‘(A) retaining the effects for the use of the Retire- ment Home; ‘‘(B) delivering the effects to the Secretary of Vet- erans Affairs, to a State or other military home, to a museum, or to any other appropriate institution; or ‘‘(C) destroying the effects if the Retirement Home Board determines that they are valueless.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title X, § 1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(3) is effective as of Dec. 28, 2001, and as if included in Pub. L. 107–107 as enacted. EFFECTIVE DATE Section applicable to estate of each resident of Armed Forces Retirement Home, including United States Soldiers’ and Airmen’s Home and Naval Home, who dies after Nov. 29, 1989, see section 1541(d) of Pub. L. 101–510, formerly set out as a note under section 401 of this title. § 421. Payment of residents for services (a) Authority The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resi- dent of the Retirement Home, to pay the resi- dent for such services, and to fix the rate of such pay. (b) Employment status A resident receiving pay for services author- ized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as— (1) receiving the pay of a position or being employed in a position for the purposes of sec- tion 5532 1 of title 5; or (2) being an employee of the United States for any purpose other than— (A) subchapter I of chapter 81 of title 5 (re- lating to compensation for work-related in- juries); and (B) chapter 171 of title 28 (relating to claims for damages or loss). (c) ‘‘Position’’ defined In subsection (b)(1), the term ‘‘position’’ has the meaning given that term in section 5531 of title 5. (Pub. L. 101–510, div. A, title XV, § 1521, as added Pub. L. 102–484, div. A, title III, § 385(a), Oct. 23, 1992, 106 Stat. 2394; amended Pub. L. 104–201, div. A, title X, § 1052(b), Sept. 23, 1996, 110 Stat. 2650; Pub. L. 107–107, div. A, title XIV, § 1404(b)(3), Dec. 28, 2001, 115 Stat. 1260.) Editorial Notes REFERENCES IN TEXT Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664. AMENDMENTS 2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘Chief Operating Officer’’ for ‘‘Chairman of the Armed Forces Retirement Board’’. 1996—Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘being an employee of the United States for any other purpose.’’ Statutory Notes and Related Subsidiaries FORGIVENESS OF INDEBTEDNESS Pub. L. 102–484, div. A, title III, § 385(b), Oct. 23, 1992, 106 Stat. 2394, provided that: ‘‘The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [Oct. 23, 1992] if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment.’’ § 422. Authority to accept certain uncompensated services (a) Authority to accept services Subject to subsection (b) and notwithstanding section 1342 of title 31, the Chief Operating Offi- cer or the Administrator of a facility of the Re- tirement Home may accept from any person vol- untary personal services or gratuitous services. (b) Requirements and limitations (1) The Chief Operating Officer or the Adminis- trator 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 Adminis- trator shall— (A) supervise the person providing the serv- ices to the same extent as that official would supervise a compensated employee providing similar services; and (B) ensure that the person is licensed, privi- leged, has appropriate credentials, or is other- wise qualified under applicable laws or regula- tions 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. Page 48 TITLE 24—HOSPITALS AND ASYLUMS § 423 (c) Authority to recruit and train persons pro- viding services The Chief Operating Officer or the Adminis- trator of a facility of the Retirement Home may recruit and train persons to provide services au- thorized to be accepted under subsection (a). (d) Status of persons providing services (1) Subject to paragraph (3), while providing services accepted under subsection (a) or receiv- ing 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 (re- lating to compensation for work-related inju- ries). (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 em- ployee of the Federal Government under para- graph (1) only with respect to services that are within the scope of the services accepted. (3) For purposes of determining the compensa- tion 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 ac- cordance with section 206(a)(1) of title 29. (e) Reimbursement of incidental expenses The Chief Operating Officer or the Adminis- trator of a facility accepting services under sub- section (a) may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a). The Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this sub- section. (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.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing. 2001—Subsec. (a). Pub. L. 107–107, § 1404(b)(4)(A), sub- stituted ‘‘Chief Operating Officer or the Director of a facility’’ for ‘‘Chairman of the Retirement Home Board or the Director of each establishment’’ and struck out ‘‘unless the acceptance of the voluntary services is dis- approved by the Retirement Home Board’’ before period at end. Subsec. (b)(1). Pub. L. 107–107, § 1404(b)(4)(B), sub- stituted ‘‘Chief Operating Officer or the Director of a facility’’ for ‘‘Chairman of the Retirement Home Board or the Director of the establishment’’ and inserted ‘‘of- fering the services’’ after ‘‘notify the person’’. Subsec. (b)(2). Pub. L. 107–107, § 1404(b)(4)(C), sub- stituted ‘‘Chief Operating Officer’’ for ‘‘Chairman’’ in introductory provisions. Subsec. (c). Pub. L. 107–107, § 1404(b)(4)(D), substituted ‘‘Chief Operating Officer or the Director of a facility’’ for ‘‘Chairman of the Retirement Home Board or the Director of an establishment’’. Subsec. (e). Pub. L. 107–107, § 1404(b)(4)(E), substituted ‘‘Chief Operating Officer or the Director of a facility’’ for ‘‘Chairman of the Retirement Board or the Director of the establishment’’ and ‘‘Chief Operating Officer or Director’’ for ‘‘Chairman or Director’’. § 423. Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington (a) Historic nature of facility Congress finds the following: (1) Four buildings located on six acres of the establishment of the Retirement Home known as the Armed Forces Retirement Home—Wash- ington are included on the National Register of Historic Places maintained by the Sec- retary of the Interior. (2) Amounts in the Armed Forces Retire- ment Home Trust Fund, which consists pri- marily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retire- ment Home and adequately maintain, repair, and preserve these historic buildings and grounds. (3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds. (b) Authority to accept assistance The Chief Operating Officer and the Adminis- trator of the Armed Forces Retirement Home— Washington may apply for and accept a direct grant from the Secretary of the Interior under section 302904 of title 54 for the purpose of main- taining, repairing, and preserving the historic buildings and grounds of the Armed Forces Re- tirement Home—Washington included on the National Register of Historic Places. (c) Requirements and limitations Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b). (Pub. L. 101–510, div. A, title XV, § 1523, as added Pub. L. 106–65, div. A, title III, § 383, Oct. 5, 1999, 113 Stat. 583; amended Pub. L. 107–107, div. A, title XIV, §§ 1404(b)(5), 1410(a)(4), Dec. 28, 2001, 115 Stat. 1261, 1266; Pub. L. 112–81, div. A, title V, § 564(b)(1), Dec. 31, 2011, 125 Stat. 1424.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 302904 of title 54’’ substituted for ‘‘section 101(e)(3) of the National Historic Preserva- tion Act (16 U.S.C. 470a(e)(3))’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act en- acted Title 54, National Park Service and Related Pro- grams. AMENDMENTS 2011—Subsec. (b). Pub. L. 112–81 substituted ‘‘Admin- istrator’’ for ‘‘Director’’.