§ 431 TITLE 24—HOSPITALS AND ASYLUMS Page 40

1See References in Text note below.

wise qualified under applicable laws or regulations to provide such services.

(3) A person providing services accepted under

subsection (a) of this section may not—

(A) serve in a policymaking position of the

Retirement Home; or

(B) be compensated for the services by the

Retirement Home.

(c) Authority to recruit and train persons providing services

The Chairman of the Retirement Home Board

or the Director of an establishment of the Retirement Home may recruit and train persons to

provide services authorized to be accepted under

subsection (a) of this section.

(d) Status of persons providing services

(1) Subject to paragraph (3), while providing

services accepted under subsection (a) of this

section or receiving training under subsection

(c) of this section, a person shall be considered

to be an employee of the Federal Government

only for purposes of the following provisions of

law:

(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).

(B) Chapter 171 of title 28 (relating to claims

for damages or loss).

(2) A person providing services accepted under

subsection (a) of this section shall be considered

to be an employee of the Federal Government

under paragraph (1) only with respect to services

that are within the scope of the services accepted.

(3) For purposes of determining the compensation for work-related injuries payable under

chapter 81 of title 5 (pursuant to this subsection)

to a person providing services accepted under

subsection (a) of this section, the monthly pay

of the person for such services shall be deemed

to be the amount determined by multiplying—

(A) the average monthly number of hours

that the person provided the services, by

(B) the minimum wage determined in accordance with section 206(a)(1) of title 29.

(e) Reimbursement of incidental expenses

The Chairman of the Retirement Board or the

Director of the establishment accepting services

under subsection (a) of this section may provide

for reimbursement of a person for incidental expenses incurred by the person in providing the

services accepted under subsection (a) of this

section. The Chairman or Director shall determine which expenses qualify for reimbursement

under this subsection.

(Pub. L. 101–510, div. A, title XV, §1522, as added

Pub. L. 104–201, div. A, title X, §1052(a), Sept. 23,

1996, 110 Stat. 2649.)

SUBCHAPTER II—TRANSITIONAL

PROVISIONS

§ 431. Transfer of trust funds relating to Naval

Home and Soldiers’ and Airmen’s Home

(a) Initial transfer

(1) On November 5, 1990, all monies in the

funds named in paragraph (2) shall be transferred to the appropriate account in the Armed

Forces Retirement Home Trust Fund, and those

funds shall terminate.

(2) The funds referred to in paragraph (1) are

the following:

(A) Soldiers’ Home, permanent fund, referred

to in paragraph (59) 1 of section 1321(a) of title

31.

(B) Soldiers’ Home, interest fund, referred to

in paragraph (81) 1 of such section.

(C) Personal funds of deceased inmates,

Naval Home, referred to in paragraph (5) 1 of

such section.

(D) Any new category of funds created for

the Naval Home or the United States Soldiers’

and Airmen’s Home before November 5, 1990.

(b) Subsequent transfers

After the termination of the funds referred to

in subsection (a) of this section, any monies

that would be deposited into one of those funds

but for the termination of that fund under subsection (a) of this section shall be deposited into

the Armed Forces Retirement Home Trust Fund.

(Pub. L. 101–510, div. A, title XV, §1531, Nov. 5,

1990, 104 Stat. 1732.)

REFERENCES IN TEXT

Paragraphs (59) and (81) of section 1321(a) of title 31,

referred to in subsec. (a)(2)(A), (B), were repealed by

Pub. L. 101–510, div. A, title XV, §1533(c)(1)(A)(ii), Nov.

5, 1990, 104 Stat. 1735.

Paragraph (5) of section 1321(a) of title 31, referred to

in subsec. (a)(2)(C), was amended generally by Pub. L.

101–510, div. A, title XV, §1533(c)(1)(A)(i), Nov. 5, 1990,

104 Stat. 1735, and as so amended no longer relates to

personal funds of deceased inmates, Naval Home.

EFFECTIVE DATE

Section effective Nov. 5, 1990, see section 1541(b) of

Pub. L. 101–510, set out as a note under section 401 of

this title.

SUBCHAPTER III—AUTHORIZATION OF

APPROPRIATIONS

§ 441. Authorization of appropriations for United

States Soldiers’ and Airmen’s Home

There is authorized to be appropriated for fiscal year 1991 from the Soldiers’ Home, Permanent Fund, the sum of $53,999,000 for the operation of the United States Soldiers’ and Airmen’s Home. This section shall take effect on

November 5, 1990.

(Pub. L. 101–510, div. A, title XV, §1542, Nov. 5,

1990, 104 Stat. 1736.)