§12651g Administration

Summary

The Corporation may ask for and accept help from organizations and people who are not program participants and may pay their travel costs as described in section 12651b(d). Those helpers are not federal employees for most employment rules (like hours, pay, leave, unemployment, or benefits). But for tort claims they are treated as federal employees under chapter 171 of title 28; for work-injury compensation they count as employees under subchapter I of chapter 81 of title 5 (as defined in section 8101(1)(B)); and for certain criminal rules they are treated as special Government employees under chapter 11 of part I of title 18. Helpers must not perform inherently governmental functions. The Chief Executive Officer must write rules about that, and the law explains that an inherently governmental function means work so tied to the public interest that a federal officer or employee must do it, especially when it uses government authority or value judgments. The Corporation may take, hold, use, and dispose of donations of money or property and should follow the donor’s terms when possible. Donations are treated as gifts to the United States. The Chief Executive Officer must write rules to prevent conflicts of interest and protect program integrity. When donated property (not money) is no longer used, it must be reported to the General Services Administration and disposed of under the Federal Property and Administrative Services Act of 1949. The Corporation may also make contracts and agreements with federal and state agencies, private firms, institutions, and people under chapters 1–11 of title 40 and division C of subtitle I of title 41 (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711). Office of Management and Budget circulars apply to the Corporation.