In accepting those services, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee. The services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted.
(b) Incidental Expenses.—The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms, lodging, and subsistence.
(c) Federal Employee Status for Volunteers.—
- (1) Employment status of volunteers.—Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
- (2) Tort claims.—For the purpose of sections 1346(b) and 2401(b) and chapter 171 of title 28, a volunteer under this chapter shall be deemed a Federal employee.
- (3) Volunteers deemed civil employees.—For the purposes of subchapter I of chapter 81 of title 5, volunteers under this chapter 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 subchapter I of chapter 81 of title 5 shall apply.
- (4) Compensation for losses and damages.—For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this chapter shall be deemed a Federal employee, and section 3721 of title 31 shall apply.
(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section not more than $3,500,000 for each fiscal year.
§ 102302. National Capital region arts and cultural affairs
(a) Establishment.—There is under the direction of the Service a program to support and enhance artistic and cultural activities in the National Capital region.
(b) Grant Eligibility.—
- (1) Eligible organizations.—Eligibility for grants shall be limited to organizations—
- (A) that are of demonstrated national significance; and
- (B) that meet at least 2 of the criteria stated in paragraph (2).
- (2) Criteria.—The criteria referred to in paragraph (1) are the following:
- (A) The organization has an annual operating budget in excess of $1,000,000.
- (B) The organization has an annual audience or visitation of at least 200,000 people.
- (C) The organization has a paid staff of at least 100 individuals.
- (D) The organization is eligible under section 320102(f) of this title.
- (3) Organizations not eligible.—Public or private colleges and universities are not eligible for grants under the program under this section.
