OHR Guidance Volunteer Service

Document Change History

Approved:

/s/

W. Robert Leavitt
Deputy Assistant Secretary for Human Resources and
Chief Human Capital Officer

09/01/2023
Date

• Purpose.
  This guidance explains the legal and regulatory requirements for volunteer service at HHS.
• Coverage.
  This guidance covers student volunteer service under 5 U.S.C. §3111 and 5 CFR Part 308, and Public Health Service volunteers under 42 U.S.C. §217b and 45 CFR Part 57.
• References.
  1. 5 United States Code (U.S.C.) §3111, Acceptance of Volunteer Service
  2. 5 Code of Federal Regulations (CFR) Part 308, Volunteer Service
  3. 42 U.S.C. §217b, Volunteer Services
  4. 45 CFR Part 57, Volunteer Services
  5. OPM Guide to Processing Personnel Actions, Chapter 33, Volunteer Service
• Responsibilities.
  1. HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
     1. Establishes Department-wide human resources guidance and policy consistent with HHS and OPM policy, procedures and all applicable federal laws and regulations.
     2. May periodically review Operating Division and Staff Division (OpDiv/StaffDiv) volunteer records to analyze compliance with this guidance and applicable federal laws and regulations.
  2. OpDiv and StaffDiv Human Resources Centers (HR Centers) must comply with this guidance and applicable federal laws and regulations.
• Procedures.
  1. Student Volunteer Service authorized by 5 U.S.C. §3111 and 5 CFR Part 308
     1. Volunteer service is uncompensated service performed by a student, with permission of the educational institution at which the student is enrolled, to provide work experience related to the student’s academic program, and to provide opportunity to explore career options and develop personal and professional skills.  Student volunteer work may be performed during the school year and/or during summer or school vacation periods.  Volunteer service cannot be used to displace any employee or to staff a position which is a normal part of the OpDiv/StaffDiv’s workforce.
     2. A student is an individual enrolled not less than half-time in a high school, trade school, technical or vocational institute, junior college, college, university, or other accredited educational institution (5 U.S.C. §3111(a) and 5 CFR §308.101).
     3. Volunteers must meet the definition of a student as defined immediately above (Section (E)(1)(b)) throughout the duration of their volunteer service, except during acceptable breaks in education as described in 5 CFR §308.101.
     4. The OpDiv/StaffDiv must request the appropriate documentation (e.g., official transcripts) to verify students are enrolled in an educational institution at least half-time prior to their start date and periodically throughout their volunteer service.  Official documentation must be provided by the student at least every six (6) months of the academic school year to ensure continued compliance with the eligibility requirements described in (E)(1)(b) and (c) immediately above.
     5. Volunteers must meet the federal minimum working age (5 CFR §308.102(a)).  Generally, the Federal Labor Standards Act (FLSA) sets 14 years old as the minimum age for employment and limits the number of hours worked by minors under the age of 16 (Department of Labor age requirements).  OpDivs/StaffDivs should consult their servicing labor/employee relations staff with any questions or when considering a student less than 16 years of age for volunteer service.
     6. Volunteers are not federal employees for any purpose other than injury compensation; Federal Tort Claims Act coverage; and programs to encourage commuting via other than single occupancy vehicles such as transit benefits (5 U.S.C. §3111(c)(1)).
     7. Volunteer service is not creditable for leave or any other federal employee benefits.    
     8. Volunteers can receive recognition through letters of appreciation or commendation but are not eligible for incentive awards (5 U.S.C. Chapter 45).
  2. Public Health Service Volunteers authorized by 42 U.S.C. §217b and 45 CFR Part 57
     1. Public Health Service (PHS).  A division of HHS focused on protecting, promoting, and advancing public health and safety. The Assistant Secretary of Health (OASH) overseas the PHS, including the Commissioned Corps (not covered by this Instruction/authority). Ten (10) HHS Operating Divisions/Staff Divisions (OpDivs/StaffDivs) are PHS components:
        1. Office of the Assistant Secretary for Preparedness and Response (ASPR);
        2. Office of Global Affairs (OGA);
        3. Agency for Healthcare Research and Quality (AHRQ);
        4. Agency for Toxic Substances and Disease Registry (ATSDR);
        5. Centers for Disease Control and Prevention (CDC);
        6. Food and Drug Administration (FDA);
        7. Health Resources and Services Administration (HRSA);
        8. Indian Health Service (IHS);
        9. National Institutes of Health (NIH);    and
        10. Substance Abuse and Mental Health Services Administration (SAMHSA).
     2. PHS volunteer service is uncompensated and may be accepted by a component of the PHS (identified in Section (E)(2)(a) immediately above) to supplement, but not take the place of, PHS employees who were hired via the usual recruitment process (45 CFR §§57.1 and 57.3).
     3. PHS volunteer service can be accepted for the operation of any HHS health care facility defined at 45 CFR §57.2, or
     4. PHS volunteer service can be accepted to provide health care (defined at 45 CFR §57.2) to patients in HHS heath care facilities; to beneficiaries of the federal government; or to individuals authorized for health services by HHS programs.
     5. PHS volunteers must meet all medical and professional licensing requirements for the services they provide.
     6. OpDivs/StaffDivs must enter into a formal written agreement with a PHS volunteer in accordance with 45 CFR §57.2.  See Section (G) Records below.
     7. Human Resources Directors (HRD), or written designee, may establish volunteer program(s) for their serviced Division for the health care purposes described in 45 CFR §57.3, as long as the programs adhere to the rules covered in this guidance.
     8. In addition to Section (E)(1)(f, g, h) above, PHS volunteers are eligible for protective clothing and equipment to be used in the performance of their assigned duties, and travel and transportation expenses under 5 U.S.C. §5703 (45 CFR §57.5).  Payment of travel and transportation expenses is made consistent with the HHS Travel Policy.  Travel and transportation questions should be directed to the ASA/Program Support Center (PSC).
     9. PHS volunteers may be provided other benefits authorized by law or by administrative action by the HRD or written designee (45 CFR §57.5).  OpDivs/StaffDivs are strongly advised to consult their servicing legal counsel prior to authorizing other benefits to ensure such benefits are legally supportable with 45 CFR Part 57 and other applicable laws, regulations, etc.
• Miscellaneous
  1. The restrictions on the employment of relatives (5 U.S.C. §3110) does not apply to volunteer service.
  2. Volunteers are subject to the disclosure restriction described in 41 U.S.C. §2102.
  3. If an OpDiv/StaffDiv wishes to consider establishing certain conduct requirements and enforcement mechanisms for the volunteers covered by this policy as a matter of contract, it must consult the OGC, General Law Division.
  4. OpDivs/StaffDivs should consult their servicing legal counsel prior accepting volunteer service from a non-U.S. citizen to ensure the action and any related payments are legally supportable with the Consolidated Appropriations Act, i.e., the General Government Appropriations Act ban prohibits compensating an individual who is not a U.S. Citizen or national of the United States.
  5. Volunteer service may be terminated at any time by either party and must be documented.
• Records
  1. A memorandum of understanding (MOU) is used to document volunteer service and must include the recommended information described in OPM’s Guide to Processing Personnel Actions, Chapter 33, Volunteer Service.
  2. Records, including volunteer service agreements (MOU) and parental approval forms, must be retained for a total of four (4) full years after completion of the volunteer service, in accordance with the National Archives and Records Administration records schedule.  Records involved in litigation that are subject to a litigation hold must be preserved until an official litigation hold lift notice is received from OPM, Department of Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved, and closed.
• Guidance Information  
  Owned by: ASA/Office of Human Resources, Policy and Accountability
  Effective date: September 1, 2023
  Contact Information: employmentpolicy@hhs.gov