US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC3111]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES
 
Sec. 3111. Acceptance of volunteer service

    (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) sections 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);

except that returns and return information (as defined in section 
6103(b) of title 26) shall be made available to students under such 
program only to the extent that the Secretary of the Treasury or his 
designee determines that the duties assigned to such students so 
require.
    (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.

(Added Pub. L. 95-454, title III, Sec. 301(a), Oct. 13, 1978, 92 Stat. 
1144; amended Pub. L. 97-258, Sec. 3(a)(5), Sept. 13, 1982, 96 Stat. 
1063; Pub. L. 97-437, Jan. 8, 1983, 96 Stat. 2285; Pub. L. 107-296, 
title XIII, Sec. 1314(b), Nov. 25, 2002, 116 Stat. 2296; Pub. L. 107-
347, title II, Sec. 209(g)(1)(A), Dec. 17, 2002, 116 Stat. 2931.)


                               Amendments

    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, Sec. 1(1), substituted 
``(c)(1) Except as provided in par. (2), any'' for ``(c) Any''.
    Subsec. (c)(2). Pub. L. 97-437, Sec. 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))''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 7905 of this title.