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B-201528 1 (1981-05-11)

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                     AV WASHI-NG-i N,4 D.C. 20546


P-201528


DATE: May U, 1981


MATTER OF:


DIGEST:


    Student Volunteers - Traveling and
    Living Expenses

P. In the absence of specific statutory
    authority, Federal agencies are
    prohibited from accepting voluntary
    service from individuals except in
    certain emergencies. Whenever an agency
    is authorized by statute to accept
    voluntary personal services as an excep-
    tion to that prohibition, the specific
    terms of the particular statutory
    authorization govern the conditions of
    the arrangement, including the scope
    of services which may be performed by
    the volunteers and the matter of whether
    the agency may pay for the volunteers'
    transportation, meals, and lodgings.
    31 U.S.C. 665(b).


                2. Section 301(a) of the Civil Service Peform
                    Act of 1978, 5 U.S.C. 3111, authorizes a
                    limited exception to the prohibition
                    against the acceptance of voluntary ser-
                    vice by Federal agencies, by allowing
                    agencies to establish certain education
                    programs for high school and college
                    student volunteers. Sponsoring agencies
                    may not pay for the student volunteers'
                    traveling or living expenses, since
                    the statute and its legislative history
                    make no provision for payment of those
                    expenses, and the statute specifically
                    excludes the volunteers from being
                    considered Federal employees for most
                    purposes including travel and trans-
                    portation entitlements.

     This action is in response to a letter dated December 9,
1980, from the Deputy Director of the Office of Personnel
Management'(OPM), requesting a decision on the question of--

     (W)hether the head of an agency who accepts
     voluntary services of students as authorized
     by section 3111(b) of title 5, United States
     Code, may provide travel and subsistence


                                          &D mp.Gen


FILE:


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