Title 42 — The Public Health and WelfareRelease 119-73
§5055 Application of Federal law
Title 42 › Chapter CHAPTER 66— - DOMESTIC VOLUNTEER SERVICES › Subchapter SUBCHAPTER IV— - ADMINISTRATION AND COORDINATION › § 5055
Summary
Volunteers in these programs are normally not treated as Federal employees and are not covered by most Federal employee rules. But if a person serves full time, or serves part time at 20 hours per week or more for at least 26 consecutive weeks, then for certain laws they are treated as Federal employees. That treatment covers things like some executive-branch employment rules, tax and Social Security rules, Federal Tort Claims, and Federal workers’ compensation. For workers’ compensation, a full-time volunteer’s pay is treated as the entry GS–5 salary, part-time volunteers get a pro rata amount, and disability payments don’t start until the day after the volunteer is terminated. Stipends and allowances are counted as pay for some claims. Service of one year or more in specified parts of the program (including some parts as they were before April 21, 2009) counts like civilian Federal service when figuring retirement and length-of-service rights (seniority, layoffs, leave, etc.), but it does not count toward probationary or career appointment service requirements. Volunteers who complete at least one year and meet Director rules may be eligible for competitive hiring similar to Peace Corps rules. References in other laws to volunteers under the old Economic Opportunity Act are treated as referring to full-time volunteers of at least one year in the listed program parts. If a volunteer is sued for actions while serving, the Attorney General will defend them for certain Federal claim remedies (including 28 U.S.C. 1346(b) and 2672); the volunteer must hand legal papers to their supervisor and the U.S. attorney, and the Attorney General can move state cases to Federal court and settle claims under 28 U.S.C. 2677.
Full Legal Text
Title 42, §5055
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment.
(b)Individuals enrolled as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of title 5, be deemed persons employed in the executive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) and title II of the Social Security Act (42 U.S.C. 401 et seq.), be deemed employees of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of title 28, be deemed employees of the United States, (4) for the purposes of subchapter I of chapter 81 of title 5 (relative to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in section 8101 of title 5, and the provisions of that subchapter shall apply except as follows: (A) in computing compensation benefits for disability or death, the annual rate of pay of a volunteer enrolled for a period of full-time service under such subchapter I shall be deemed to be that received under the entrance salary for an employee at grade GS–5 of the General Schedule under section 5332 of title 5, and the annual rate of pay of a volunteer enrolled for a period of part-time service under such subchapter I shall be deemed to be such entry salary or an appropriate portion thereof as determined by the Director, and subsections (a) and (b) of section 8113 of title 5 shall apply, and (B) compensation for disability shall not begin to accrue until the day following the date on which the injured volunteer is terminated, and (5) be deemed employees of the United States for the purposes of section 5584 of title 5 (and stipends and allowances paid under this chapter shall be considered as pay for such purposes).
(c)Any period of service of a volunteer enrolled in a program for a period of service of at least one year under part A of subchapter I of this chapter, and any period of full-time service of a volunteer enrolled in a program for a period of service of at least one year under part B (as such part was in effect on the day before April 21, 2009) or C of subchapter I of this chapter, shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government—
(1)for the purposes of any Act establishing a retirement system for civilian employees of any United States Government agency; and
(2)except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Office of Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a volunteer shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment.
(d)Volunteers serving in programs for periods of service of at least one year under part A of subchapter I of this chapter, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991–2994d), including those whose service was completed under such Act, who the Director determines, in accordance with regulations the Director shall prescribe, have successfully completed their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963).
(e)Notwithstanding any other provision of law, all references in any other law to persons serving as volunteers under title VIII of the Economic Opportunity Act of 1964, as amended [42 U.S.C. 2991 et seq.], shall be deemed to be references to persons serving as full-time volunteers in a program of at least one year’s duration under part A, B (as such part was in effect on the day before April 21, 2009), or C of subchapter I of this chapter.
(f)(1)The remedy—
(A)against the United States provided by section 1346(b) and 2672 of title 28 or
(B)through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of such title 28,
(2)The Attorney General of the United States shall defend any civil action or proceeding brought in any court against any person referred to in paragraph (1) of this subsection (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate supervisor or to whomever is designated by the Director to receive such papers, and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought and to the Attorney General.
(3)Upon a certification by the Attorney General that the defendant was acting in the scope of such person’s volunteer assignment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a district court of the United States determine on a hearing on a motion to remand held before a trial on the merits that the volunteer whose act or omission gave rise to the suit was not acting within the scope of such person’s volunteer assignment, the case shall be remanded to the State court.
(4)The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (e) and (f)(1), was in the original “this Act”, meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 4950 of this title and Tables. The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Foreign Service Act of 1980, referred to in subsec. (c)(2), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see
Short Title
note set out under section 3901 of Title 22 and Tables. The Economic Opportunity Act of 1964, as amended, referred to in subsecs. (d) and (e), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title VIII of such Act, probably means title VIII of Pub. L. 88–452 as added by Pub. L. 89–794, title VIII, § 801, Nov. 8, 1966, 80 Stat. 1472, and generally revised and amended by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, which was classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of this title. Title VIII of the Economic Opportunity Act of 1964 as so added and amended was repealed by Pub. L. 93–113, title VI, 603, and its provisions are covered by this chapter. For complete classification of this Act to the Code, see Tables. Executive Order Number 11103 (April 10, 1963), referred to in subsec. (d), is set out under section 2504 of Title 22, Foreign Relations and Intercourse.
Amendments
2009—Subsec. (c). Pub. L. 111–13, § 2152(1), inserted “(as such part was in effect on the day before
April 21, 2009)” after “part B” in introductory provisions. Subsec. (e). Pub. L. 111–13, § 2152(2), inserted “(as such part was in effect on the day before
April 21, 2009)” after “A, B”. 1993—Subsec. (b)(4)(A). Pub. L. 103–82 substituted “an employee at grade GS–5 of the General Schedule under section 5332 of title 5” for “a grade GS–7 employee”. 1986—Subsec. (b)(2). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. Subsec. (d). Pub. L. 99–551 substituted “the Director” for “he” before “shall prescribe”. 1980—Subsec. (c)(1). Pub. L. 96–465, § 2206(h)(1), substituted “any” for “section 1092(a)(1) of title 22 and every other”. Subsec. (c)(2). Pub. L. 96–465, § 2206(h)(2), substituted “Foreign Service Act of 1980” for “Foreign Service Act of 1946”. 1979—Subsec. (b). Pub. L. 96–143, § 11(a), substituted in provisions preceding cl. (1) “as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with
Regulations
, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter” for “in programs under subchapter I of this chapter for periods of service of at least one year” and in cl. (4)(A) “the annual rate of pay of a volunteer enrolled for a period of full-time service under such subchapter I shall be deemed to be that received under the entrance salary for a grade GS–7 employee, and the annual rate of pay of a volunteer enrolled for a period of part-time service under such subchapter I shall be deemed to be such entry salary or an appropriate portion thereof as determined by the Director” for “the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS–7 employee” and added cl. (5). Subsec. (c)(2). Pub. L. 96–143, § 18(c)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (f). Pub. L. 96–143, § 11(b), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
of 2009 AmendmentAmendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as a note under section 4951 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–551 effective Oct. 1, 1986, except as otherwise provided, see section 11 of Pub. L. 99–551, set out as an
Effective Date
note under section 4950 of this title.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an
Effective Date
note under section 3901 of Title 22, Foreign Relations and Intercourse.
Executive Documents
Ex. Ord. No. 11561. Delegation of Authority Ex. Ord. No. 11561, Sept. 25, 1970, 35 F.R. 14981, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the authority conferred upon the President by that portion of section 833(c)(2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2994b(c)(2)) [former section 2994b(c)(2) of this title, now subsec. (c)(2) of this section] which reads “except as otherwise determined by the President” is hereby delegated as follows: (1) To the Office of Personnel Management to the extent that such authority is with respect to the laws administered by the Commission, and (2) to the Secretary of State to the extent that such authority is with respect to the Foreign Service Act of 1980, as amended [22 U.S.C. 3901 et seq.].
Reference
Citations & Metadata
Citation
42 U.S.C. § 5055
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73