118 STAT. 3957 PUBLIC LAW 108–487—DEC. 23, 2004 ‘‘VOLUNTARY SERVICES ‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES.—Notwith- standing section 1342 of title 31, United States Code, and subject to subsection (b), the Foreign Languages Program under section 1011 shall include authority for the head of a covered element of the intelligence community to accept from any dedicated per- sonnel voluntary services in support of the activities authorized by this subtitle. ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In accepting vol- untary 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 other- wise 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 sub- section (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, United States Code (relating to maintenance of records on individuals). ‘‘(B) Chapter 11 of title 18, United States Code (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 50 USC 441j–2 . VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00491 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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