Page:United States Statutes at Large Volume 116 Part 2.djvu/371

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1153 §3147. Suspension of this subchapter during a national emergency The President may suspend the provisions of this subchapter during a national emergency. §3148. Application of this subchapter to certain contracts This subchapter apphes to a contract authorized by law that is made without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost-plus-a -fixed-fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract. SUBCHAPTER V—VOLUNTEER SERVICES §3161. Purpose It is the purpose of this subchapter to promote and provide opportunities for individuals who wish to volunteer their services to state or local governments, public agencies, or nonprofit charitable organizations in the construction, repair, or alteration (including painting and decorating) of public buildings and public works that at least partly are fineinced with federal financial assistance authorized under certain federal programs and that otherwise might not be possible without the use of volunteers. §3162. Waiver for individuals who perform volunteer services (a) CRITERIA FOR RECEIVING WAIVER. — The requirement that certain laborers and mechanics be paid in accordance with the wagesetting provisions of subchapter IV of this chapter as set forth in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an individual— (1) who volunteers to perform a service directly to a state or local government, a public agency, or a public or private nonprofit recipient of federal assistance— (A) for civic, charitable, or humanitarian reasons; (B) only for the personal purpose or pleasure of the individual; (C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection (b); and (D) freely and without pressure or coercion, direct or implied, from any employer; (2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering; (3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and (4) who otherwise is not employed by the same public sigency or recipient of federal assistance to perform the same tj^pe of services as those for which the individual proposes to voliuiteer.

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