PRIA, Government Policy, Made Personal

Summary

Heads of covered intelligence elements may accept volunteers from dedicated personnel to help with activities under the Foreign Languages Program, even if 31 U.S.C. 1342 would otherwise limit that. When they take volunteers, they must supervise them the same way they would supervise a paid employee doing the same work. They must also make sure volunteers have any required licenses, privileges, education, or experience under the law or rules. Volunteers cannot be put into policymaking or other inherently governmental roles, and they may not be paid for their services. The head may recruit and train people to volunteer. While volunteering or in training, a person is treated as a federal employee only for two laws: 5 U.S.C. 552a (records) and chapter 11 of title 18 (conflicts of interest). For the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.) the person is treated as a volunteer, but section 4(d) of that Act (42 U.S.C. 14503(d)) does not apply to claims against them. Volunteering does not affect security clearances. The head may reimburse incidental expenses (deciding which expenses qualify) and may use appropriated or nonappropriated funds. The head may also install telephone or telecom equipment in a volunteer’s home and pay for authorized use, using appropriated or nonappropriated funds despite 31 U.S.C. 1348.

Title 50, §3203

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(a)Authority to accept services

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)Requirements and limitations

(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)Authority to recruit and train individuals providing services

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

(d)Status of individuals providing services

(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)) 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)Reimbursement of incidental expenses

(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)Authority to install equipment

(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