§3203 — Title 50 War and National Defense | U.S. Code

Summary

Heads of covered intelligence elements may accept volunteers to help the Foreign Languages Program, even if another rule might normally stop it (see 31 U.S.C. 1342). They must supervise volunteers the same way they would paid staff doing the same job. They must make sure volunteers have the proper licenses, privileges, education, or experience. Volunteers may not be placed in policymaking or other inherently governmental jobs, and they must not be paid for their services. The agency may recruit and train people to serve as volunteers. Accepting a volunteer does not affect getting or renewing a security clearance. While volunteering or training, a person counts as a federal employee only for Section 552a of title 5 (records on individuals) and Chapter 11 of title 18 (conflicts of interest). For liability rules, the person is treated as a volunteer under the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), but section 4(d) of that Act (42 U.S.C. 14503(d)) does not apply. The agency may reimburse incidental expenses and decide which expenses qualify. Reimbursements and certain costs for installing or using telephone or telecom equipment in a volunteer’s private residence may be paid from appropriated or nonappropriated funds, notwithstanding 31 U.S.C. 1348.

Title 50, §3203

War and National Defense — Source: USLM XML via OLRC

(a)Notwithstanding section 1342 of title 31 and subject to subsection (b), the Foreign Languages Program under section 3201 of this title shall include authority for the head of a covered element of the intelligence community to accept from any dedicated personnel voluntary services in support of the activities authorized by this part.

(b)(1)In accepting voluntary services from an individual under subsection (a), the head of a covered element of the intelligence community shall—

(A)supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and

(B)ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.

(2)In accepting voluntary services from an individual under subsection (a), the head of a covered element of the intelligence community may not—

(A)place the individual in a policymaking position, or other position performing inherently governmental functions; or

(B)compensate the individual for the provision of such services.

(c)The head of a covered element of the intelligence community may recruit and train individuals to provide voluntary services under subsection (a).

(d)(1)Subject to paragraph (2), while providing voluntary services under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:

(A)Section 552a of title 5 (relating to maintenance of records on individuals).

(B)Chapter 11 of title 18 (relating to conflicts of interest).

(2)(A)With respect to voluntary services under paragraph (1) provided by an individual that are within the scope of the services accepted under that paragraph, the individual shall be deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).

(B)In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) 11 See References in Text note below. shall not apply.

(3)Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.

(e)(1)The head of a covered element of the intelligence community may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services under subsection (a). The head of a covered element of the intelligence community shall determine which expenses are eligible for reimbursement under this subsection.

(2)Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.

(f)(1)The head of a covered element of the intelligence community may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under subsection (a).

(2)The head of a covered element of the intelligence community may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.

(3)Notwithstanding section 1348 of title 31, the head of a covered element of the intelligence community may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Volunteer Protection Act of 1997, referred to in subsec. (d)(2)(A), is Pub. L. 105–19, June 18, 1997, 111 Stat. 218, which is classified generally to chapter 139 (§ 14501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 14501 of Title 42 and Tables. section 4(d) of such Act (42 U.S.C. 14503(d)), meaning the Volunteer Protection Act of 1997 and referred to in subsec. (d)(2)(B), was redesignated section 4(e) of the Act by Pub. L. 115–254, div. B, title V, § 584(1), Oct. 5, 2018, 132 Stat. 3399. Codification Section was formerly classified to section 441j–2 of this title prior to editorial reclassification and renumbering as this section.

§3203 Voluntary Services