§3111 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agency heads may take unpaid student volunteers for educational programs under rules the Office of Personnel Management sets, even if another law might otherwise block it. A student is someone enrolled at least half-time in high school, college, trade, technical, vocational, or similar schools. A gap between school years up to 5 months still counts if the student tells OPM they plan to return. The school must OK the service. The work must be unpaid and must not replace a paid employee. Agencies may also accept volunteers under chapter 37 and OPM rules. Student volunteers are generally not federal employees except for commuting rules (5 U.S.C. 7905), workers’ compensation (chapter 81), and certain tort-claim rules (28 U.S.C. 2671–2680). IRS student volunteers are treated as Treasury employees for specific privacy and tax-disclosure laws (5 U.S.C. 552a; parts of 26 U.S.C. 6103; 26 U.S.C. 7213(a)(1), 7431, and 7423). “Agency” includes the Architect of the Capitol and the Congressional Budget Office; the Architect and the CBO Director exercise the OPM authority for their offices, and CBO volunteers are treated as CBO employees for section 203 of the Congressional Budget Act.

Title 5, §3111

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section, “student” means an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such individual shows to the satisfaction of the Office of Personnel Management that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately after the interim.

(b)Notwithstanding section 1342 of title 31, the head of an agency may accept, subject to regulations issued by the Office, voluntary service for the United States if the service—

(1)is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;

(2)is to be uncompensated; and

(3)will not be used to displace any employee.

(c)(1)Except as provided in paragraph (2), any student who provides voluntary service under subsection (b) of this section shall not be considered a Federal employee for any purpose other than for purposes of section 7905 (relating to commuting by means other than single-occupancy motor vehicles), chapter 81 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).

(2)In addition to being considered a Federal employee for the purposes specified in paragraph (1), any student who provides voluntary service as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall be considered an employee of the Department of the Treasury for purposes of—

(A)section 552a of this title (relating to disclosure of records);

(B)subsections (a)(1), (h)(1), (k)(6), and (l)(4) of section 6103 of title 26 (relating to confidentiality and disclosure of returns and return information);

(C)section 7213(a)(1) and 7431 of title 26 (relating to unauthorized disclosures of returns and return information by Federal employees and other persons); and

(D)section 7423 of title 26 (relating to suits against employees of the United States);

(d)Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.

(e)(1)For purposes of this section the term “agency” shall include the Architect of the Capitol. With respect to the Architect of the Capitol, the authority granted to the Office of Personnel Management under this section shall be exercised by the Architect of the Capitol.

(2)In this section, the term “agency” includes the Congressional Budget Office, except that in the case of the Congressional Budget Office—

(A)any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and

(B)the authority granted to the Office of Personnel Management under this section shall be exercised by the Director of the Congressional Budget Office.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 203 of the Congressional Budget Act of 1974, referred to in subsec. (e)(2)(A), is classified to section 603 of Title 2, The Congress.

Amendments

2014—Subsec. (e). Pub. L. 113–76 designated existing provisions as par. (1) and added par. (2). 2009—Subsec. (e). Pub. L. 111–68 added subsec. (e). 2002—Subsec. (c)(1). Pub. L. 107–296 substituted “section 7905 (relating to commuting by means other than single-occupancy motor vehicles), chapter 81” for “chapter 81 of this title”. Subsec. (d). Pub. L. 107–347 added subsec. (d). 1983—Subsec. (c)(1). Pub. L. 97–437, § 1(1), substituted “(c)(1) Except as provided in par. (2), any” for “(c) Any”. Subsec. (c)(2). Pub. L. 97–437, § 1(2), added par. (2). 1982—Subsec. (b). Pub. L. 97–258 substituted “section 1342 of title 31” for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 Amendment Pub. L. 113–76, div. I, title I, § 1201(b), Jan. 17, 2014, 128 Stat. 426, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding fiscal year.”

Effective Date

of 2002

Amendments

Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an

Effective Date

note under section 3601 of Title 44, Public Printing and Documents. Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of Title 6, Domestic Security.

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title.

§3111 Acceptance of volunteer service

Summary

Title 5, §3111

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Statutory Notes and Related Subsidiaries

Effective Date

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Amendments

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