A bill to amend the Small Business Act by transferring thereto those provisions of the Domestic Volunteer Service Act of 1973 affecting the operation of volunteer programs to assist small business, to increase the maximum allowable compensation and travel expenses for experts and consultants, and for other purposes.
PL 95-510 (H.R.13418), enacted 10/24/1978

92 STAT. 1780 
PUBLIC LAW 95-510—OCT. 24, 1978 
Public Law 95-510 
95th Congress 
An Act 
Oct. 24, 1978 
[H.R. 13418] 
Small Business 
Act, 
amendment. 
Volunteer 
programs, 
establishment 
and operation. 
5 u s e 8101 et 
seq. 
Volunteer 
reimbursement. 
To amend the Small Business Act by transferring thereto those provisions of the 
Domestic Volunteer Service Act of 1973 affecting the operation of volunteer 
programs to assist small business, to increase the maximum allowable com-
pensation and travel expenses for experts and consultants, and for other 
purposes. 
Be it enacted hy the SeTiate and House of Representatives of the 
United States of America in Congress a^semhled, 
SEC. 101. Section 8(b)(1) of the Small Business Act (15 U.S.C. 
637(b) (1)) is amended by striking subparagraph (1) (B) and insert-
ing in lieu thereof the following subparagraphs: 
"(B) To establish, conduct, and publicize, and to recruit, select, 
and train volunteers for (and to enter into contracts, grants, or 
cooperative agreements therefor), volunteer programs, including 
a Service Corps of Eetired Executives (SCORE) and an Active 
Corps of Executive (ACE) for the purposes of section 8(b) 
(1)(A) of this Act; and to facilitate the implementation of 
such volunteer programs the Administration may maintain at its 
headquarters and pay the expenses of a team of volunteers sub-
ject to such conditions and limitations as the Administration 
deems appropriate: Provided, That any such payments made 
pursuant to this subparagraph shall be effective only to such extent 
or in such amounts as are provided in advance in appropriation 
Acts. 
"(C) To allow any individual or group of persons participating 
with it in furtherance of the purposes of subparagraphs (A) and 
(B) to use the Administration's office facilities and related 
material and services as the Administration deems appropriate, 
including clerical and stenographic services: 
"(i) such volunteers, while carrying out activities under 
section 8(b) (1) of this Act shall be deemed Federal employ-
ees for the purposes of the Federal tort claims provisions in 
title 28, United States Code; and for the purposes of sub-
chapter I of chapter 81 of title 5, United States Code (rela-
tive to compensation to Federal employees for work injuries) 
shall be deemed civil employees of the United States within 
the meaning of the term 'employee' as defined in section 8101 
of title 5, United States Code, and the provisions of that 
subchapter shall apply except that in computing compensa-
tion benefits for disability or death, the monthly pay of a 
volunteer shall be deemed that received under the entrance 
salary for a grade GS-11 employee; 
" (ii) the Administrator is authorized to reimburse such vol-
unteers for all necessary out-of-pocket expenses incident to 
their provision of services under this Act, or in connection 
with attendance at meetings sponsored by the Administra-
tion, or for the cost of malpractice insurance, as the Admin-
istrator shall determine, in accordance ^ith regulations which 
PUBLIC LAW 95-510—OCT. 24, 1978 
92 STAT. 1781 
he or she shall prescribe, and, while they are carrying out such 
activities away from their homes or regular places of business, 
for travel expenses (including per diem in lieu of subsistence) 
as authorized by section 5703 of title 5, United States Code, 
for individuals serving without pay; and 
"(iii) such volunteers shall in no way provide services to a 
client of such Administration with a delinquent loan out-
standing, except upon a specific request signed by such client 
for assistance in connection with such matter. 
"(D) Notwithstanding any other provision of law, no payment 
for supportive services or reimbursement of out-of-pocket expenses 
made to persons serving pursuant to section 8(b) (1) of this Act 
shall be subject to any tax or charge or be treated as wages or com-
pensation for the purposes of unemployment, disability, retire-
ment, public assistance, or similar benefit payments, or minimum 
wage laws. 
"(E) Notwithstanding any other provision of law and pursuant 
to regulations which the Administrator shall prescribe, counsel 
may be employed and counsel fees, court costs, bail, and other 
expenses incidental to the defense of volunteers may be paid in 
judicial or administrative proceedings arising directly out of the 
performance of activities pursuant to section 8(b) (1) of this Act, 
as amended (15 U.S.C. 637(b) (1)) to which volunteers have been 
made parties. 
"(F) In carrying out its functions under section 8 (b) (1) of this 
Act, the Administration is authorized to accept, in the name of the 
Administration, and employ or dispose of in furtherance of the 
purposes of this Act, any money or property, real, personal, or 
mixed, tangible, or intangible, received by gift, devise, bequest, or 
otherwise; and, further, to accept gratuitous services and 
SEC. 102. (a) Title III of the Domestic Volunteer Service Act of 1973 
(42 U.S.C. 5031 et seq.), is hereby repealed. 
(b) Section 503 of the Domestic Volunteer Service Act of 1973 (42 
U.S.C. 5083), is hereby repealed. 
SEC. 103. Section 5 (c) of the Small Business Act (15 U.S.C. 634(c)), 
is amended by striking the last sentence and inserting in lieu thereof 
the following: "Any individual so employed may be compensated at a 
rate not in excess of the daily equivalent of the highest rate payable 
under section 5332 of title 5, United States Code, including traveltime, 
and, while such individual is away from his or her home or regular 
place of business, he or she may be allowed travel expenses (including 
per diem in lieu of subsistence) as authorized by section 5703 of title 5, 
United States Code.". 
15 use 637. 
Defense 
proceedings, 
expenses. 
Repeals. 
Experts and 
consultants, 
compensation 
and expenses. 
92 STAT. 1782 
PUBLIC LAW 95-510—OCT. 24, 1978 
SEC. 104. Section 7(k) (4) of the Small Business Act (15 U.S.C. 
636 (k) (4)), IS amended by striking out "$100 per diem" and inserting 
m lieu thereof "the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code". 
Effective date. 
SEC. 105. This Act shall be effective October 1,1979. 
15 u s e 634 note. 
Approved October 24, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1375 (Comm. on Small Business). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 25, considered and passed House. 
Oct. 11, considered and passed Senate.