§3111 Acceptance of Volunteer Service

Summary

An agency may take unpaid student volunteers to give them educational work experience if the student’s school permits it. The student must be enrolled at least half-time. A break between school years of up to 5 months does not end student status if the student tells the Office of Personnel Management they plan to return. The work must be part of an agency program for education, must not be paid, and must not replace a regular employee. Agencies may follow Office of Personnel Management rules and other federal rules when accepting these volunteers. Students who volunteer this way are usually not federal employees, but they do get certain protections like commuter benefits, injury compensation, and federal tort-claim coverage. Students who volunteer in the IRS or Treasury are treated as Treasury employees for some privacy and tax-record laws and can see tax returns only if the Secretary says their duties require it. The word “agency” also covers the Architect of the Capitol (who uses its own authority here) and the Congressional Budget Office; CBO student volunteers are treated as CBO employees for rules about budget data confidentiality, and the CBO Director handles the OPM authority for the CBO.