§3111 Acceptance of Volunteer Service

Summary

Agency heads may accept unpaid student volunteers under rules set by the Office of Personnel Management. The volunteer must be a student enrolled at least half-time and must have the school’s permission. The work must be part of an agency program that gives the student an educational experience, must be unpaid, and must not take the place of a paid employee. A “student” means someone enrolled at least half-time in a high school, trade school, college, or similar school. A break between school years of up to 5 months does not end student status if the student shows to OPM that they really plan to return. A student volunteer is generally not a federal employee except for commuting rules (section 7905), workers’ compensation (chapter 81), and tort claims (28 U.S.C. 2671–2680). Student volunteers in the Internal Revenue Service are treated as Treasury employees for certain privacy and disclosure laws (section 552a; parts of 26 U.S.C. 6103; 26 U.S.C. 7213(a)(1) and 7431; and 26 U.S.C. 7423). Agencies may also accept volunteers under chapter 37 and OPM regulations. The term “agency” includes the Architect of the Capitol (who will use its own authority) and the Congressional Budget Office (whose volunteers are employees for confidentiality under section 203 of the Congressional Budget Act, and whose Director acts for OPM).