5 U.S.C. § 3111 — Acceptance of volunteer service

Page 341 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3111 (ii) functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (c) This order is not intended to, and does not, create any right, benefit, or privilege, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. GEORGE W. BUSH. § 3110. Employment of relatives; restrictions (a) For the purpose of this section— (1) ‘‘agency’’ means— (A) an Executive agency; (B) an office, agency, or other establish- ment in the legislative branch; (C) an office, agency, or other establish- ment in the judicial branch; and (D) the government of the District of Co- lumbia; (2) ‘‘public official’’ means an officer (includ- ing the President and a Member of Congress), a member of the uniformed service, an em- ployee and any other individual, in whom is vested the authority by law, rule, or regula- tion, or to whom the authority has been dele- gated, to appoint, employ, promote, or ad- vance individuals, or to recommend individ- uals for appointment, employment, pro- motion, or advancement in connection with employment in an agency; and (3) ‘‘relative’’ means, with respect to a pub- lic official, an individual who is related to the public official as father, mother, son, daugh- ter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, step- mother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be ap- pointed, employed, promoted, or advanced in or to a civilian position in an agency if such ap- pointment, employment, promotion, or advance- ment has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the indi- vidual. (c) An individual appointed, employed, pro- moted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced. (d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies result- ing from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section. (e) This section shall not be construed to pro- hibit the appointment of an individual who is a preference eligible in any case in which the pass- ing over of that individual on a certificate of eli- gibles furnished under section 3317(a) of this title will result in the selection for appointment of an individual who is not a preference eligible. (Added Pub. L. 90–206, title II, § 221(a), Dec. 16, 1967, 81 Stat. 640; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) Editorial Notes AMENDMENTS 1978—Subsec. (d). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE Pub. L. 90–206, title II, § 220(a)(1), Dec. 16, 1967, 81 Stat. 639, provided, except as otherwise expressly provided, that: ‘‘This section [enacting provisions set out as a note under section 8704 of this title] and sections 201 [enacting provisions set out as Short Title note under section 5332 of this title], 207 [amending section 5303 of this title], 212 [enacting provisions set out as a note under section 5303 of this title], 218 [enacting provisions set out as a note under section 5332 of this title], 221 [enacting this section and provisions set out as a note under this section], 224(a) and (b) [amending sections 4101 and 8339 of this title], and 225 [enacting sections 351–361 of Title 2, The Congress] shall become effective on the date of enactment of this title [Dec. 16, 1967].’’ RETROACTIVE EFFECT Pub. L. 90–206, title II, § 221(c), Dec. 16, 1967, 81 Stat. 641, provided that: ‘‘The amendments made by this sec- tion [enacting this section] do not apply to an appoint- ment, employment, advancement, or promotion made or advocated by a public official of any individual who is a relative of the public official if, prior to the effec- tive date of this section [see Effective Date note above], the individual was appointed by the public offi- cial, or received an appointment advocated by the pub- lic official, and is serving under the appointment on such effective date.’’ [Section 221(c) of Pub. L. 90–206 effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as an Ef- fective Date note above.] § 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 stu- dent 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 indi- vidual 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 in- terim. (b) Notwithstanding section 1342 of title 31, the head of an agency may accept, subject to regula- tions issued by the Office, voluntary service for the United States if the service— Page 342 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3111a (1) is performed by a student, with the per- mission of the institution at which the stu- dent is enrolled, as part of an agency program established for the purpose of providing edu- cational experiences for the student; (2) is to be uncompensated; and (3) will not be used to displace any em- ployee. (c)(1) Except as provided in paragraph (2), any student who provides voluntary service under subsection (b) of this section shall not be consid- ered a Federal employee for any purpose other than for purposes of section 7905 (relating to commuting by means other than single-occu- pancy 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 sub- section (b) of this section in the Internal Rev- enue 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 dis- closure of records); (B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of section 6103 of title 26 (relating to confiden- tiality and disclosure of returns and return in- formation); (C) sections 7213(a)(1) and 7431 of title 26 (re- lating 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 du- ties 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. (e)(1) For purposes of this section the term ‘‘agency’’ shall include the Architect of the Cap- itol. With respect to the Architect of the Cap- itol, the authority granted to the Office of Per- sonnel 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 Congres- sional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relat- ing 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 Con- gressional Budget Office. (Added Pub. L. 95–454, title III, § 301(a), Oct. 13, 1978, 92 Stat. 1144; amended Pub. L. 97–258, § 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, § 1314(b), Nov. 25, 2002, 116 Stat. 2296; Pub. L. 107–347, title II, § 209(g)(1)(A), Dec. 17, 2002, 116 Stat. 2931; Pub. L. 111–68, div. A, title I, § 1303(a), Oct. 1, 2009, 123 Stat. 2034; Pub. L. 113–76, div. I, title I, § 1201(a), Jan. 17, 2014, 128 Stat. 426.) 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 ‘‘sec- tion 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 Stat- utes (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 sub- section (a) [amending this section] shall apply with re- spect 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, Do- mestic Security. EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 3111a. Federal internship programs (a) INTERNSHIP COORDINATOR.—The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator. (b) ONLINE INFORMATION.— (1) AGENCIES.—The Office of Personnel Man- agement shall make publicly available on the Internet— (A) the name and contact information of the internship coordinator for each agency; and (B) information regarding application pro- cedures and deadlines for each internship program. (2) OFFICE OF PERSONNEL MANAGEMENT.—The Office of Personnel Management shall make