Guest Researchers (GR) are scientists, engineers, and students who are permitted to engage in scientific studies and investigations using NIH facilities. Under this program, these individuals further their own research by using equipment and resources that are otherwise unavailable to them. They provide no direct services to NIH. They may not have any patient contact.

Special Volunteers (SV) are individuals who provide research services, direct patient care, clerical support, technical assistance, or any other necessary services for NIH.

Intramural Scientist Emeriti may be Special Volunteers, upon approval by the Board of Scientific Directors and the Deputy Director for Intramural Research, provided that they meet the provisions of this policy. https://oir.nih.gov/sourcebook/personnel/ipds-appointment-mechanisms/scientist-emeritus

Neither GRs nor SVs are financially compensated by NIH for their activities or services.

Section 301(a)(2) of the Public Health Service (PHS) Act authorizes the Secretary to "...make available research facilities of the Service to appropriate public authorities, and to health officials and scientists engaged in special study." 45 C.F.R. Part 9, Use of DHHS Research Facilities by Academic Scientists, Engineers, and Students, and DHHS General Administration Manual Chapter 13-10, provide DHHS policy on making Department facilities available to the scientific community.

Sections 402 and 405 of the PHS Act, as amended. The Director, NIH, and the Directors of the national research institutes and centers may accept voluntary and uncompensated services.

IC Scientific Director (or designee)

IC Scientific Director (or designee)

NIH research facilities are available to non-NIH employees who are sponsored and paid by an outside organization or who are self-supporting.

The following individuals are not eligible to be NIH GRs:

• Scientists at NIH for the purpose of informal observation, discussions and/or participation in scientific activities who have no formal relationship with NIH.

• Scientists at NIH for less than 1 week.

• SVs.

Volunteer services may be accepted from any individuals who are:

• donating their services as members of volunteer or charitable organizations.

• offering their services on their own time.

• receiving fellowship or stipend support from outside organizations with whom they have non-employment relationships.

• employees of outside organizations on sabbaticals or leaves of absence.

• Federal employees volunteering services unrelated to their official duties and responsibilities, outside of their normal work hours.

Volunteer services may not be accepted from individuals who are:

• Commissioned Officers in the U.S. Public Health Service or members of other uniformed services.

• paid employees of outside organizations who are not on sabbaticals or leaves of absence, unless their voluntary service is on their own time.

• GRs.

Citizenship. GRs/SVs are not required to be U.S. citizens or U.S. permanent residents. However, non-immigrant foreign nationals (i.e., non-U.S. citizens or permanent residents) must be cleared by the Division of International Services (DIS), Office of Research Services (ORS), NIH, in order to permit their assignment at NIH. Such clearance is required before the assignment may commence. (See also Section M on Visas).

Federal Government standards for minors must be followed in accepting the services of volunteers who are under 18 years of age. Where required by State or local government law or regulation, work permits must be obtained. The agreement of a parent or guardian is also required before the volunteer services of minors can be accepted.

Medical Requirements. GRs/SVs must meet medical requirements in accordance with NIH Manual 2300-339-2, Medical Qualifications Determinations.

Patient Contact. Consistent with applicable PHS policy, SVs who will engage in direct patient care activities in the NIH Clinical Center must have and maintain current valid professional licensure, have their professional credentials reviewed, and obtain clinical privileges consistent with requirements specified by the IC. Any patient contact by a non-immigrant foreign national SV must be consistent with visa provisions and authorized by the DIS, ORS (see also Section M on Visas). GRs, regardless of citizenship status, are not eligible for any level of patient contact.

Health Insurance. GRs/SVs are not eligible for health insurance coverage under the Federal Employees Health Benefits Program. Those who do not have adequate health insurance must obtain immediate coverage that is substantially equivalent to the Federal Employees Health Benefits Plan and show proof of coverage prior to beginning an assignment. NIH may not purchase health insurance for GRs/SVs.

GRs/SVs who fail to obtain adequate health insurance coverage will be denied the use of NIH facilities. Furthermore, those sponsored as J-1 Exchange Visitors who willfully fail to obtain and maintain the minimum health insurance coverage (for themselves and any J-2 dependents) required by the United States Department of State (DOS) will be deemed in violation of these regulations and may be terminated by DIS, ORS, as a participant in the exchange visitor program.

Since the GR is not covered by the Federal Employees Compensation Act, it is critical that any individually purchased health benefits plan provides coverage for work-associated injuries or illnesses.

Under 5 U.S.C. 8101(1)(B), Compensation for Work Injuries, volunteers may be eligible for certain benefits for work-related injuries or illnesses.

The same tests of character, reputation, and fitness applicable to regular Federal employees should be considered.

The same tests of character, reputation, and fitness applicable to regular Federal employees should be considered in accepting the services of volunteers. In addition, all individuals involved with the provision of child care services must have a background check consistent with 42 U.S.C. 13041.

Medical Executive Committee Review (MEC). SVs who may be providing clinical care should have their clinical credentials approved by the MEC or other credentialing entity recognized by the Deputy Director for Intramural Research. In addition, any patient contact by a non-immigrant foreign national SV must be consistent with visa provisions and authorized by the DIS, ORS. (See also Section M on Visas).

Employing Organization/NIH Agreement.Because SVs provide a service to NIH, ICs should enter into written agreements that stipulate that employing organizations have agreed to relinquish supervision over activities and services performed at NIH*.

*Note: This requirement applies only to employees of outside organizations on sabbaticals or leaves of absence.

Documentation Requirements. All documents specifying the terms, conditions, and limitations of GR/SV status should be filed and maintained in accordance with established IC policy (i.e., Appendix 1- Form NIH 590, Special Volunteer and Guest Researcher Assignment; Appendix 2 - NIH Guest Researcher Agreement; Appendix 3 - NIH Special Volunteer Agreement; Appendix 4 - Sample Letter Acknowledging Offer to Serve as an NIH Special Volunteer; Appendix 5 - Letter Acknowledging Special Voluntary Service from Individuals Receiving Fellowship or Stipend Support from Outside Organizations; Appendix 6 - Sample Letter Acknowledging Special Voluntary Service from Individuals Employed by Outside Organizations).

Non-immigrant foreign national GRs/SVs must be cleared by the DIS, ORS, before the assignment may commence. In addition to the above required documentation, ICs must also submit a request to the DIS for clearance. Document requirements can be located on the DIS web site (https://www.ors.od.nih.gov/pes/dis/AdministrativeStaff/Pages/Checklists.aspx). The IC must submit a request to the DIS in accordance with the DIS processing times (https://ors.od.nih.gov/pes/dis/AdministrativeStaff/Pages/DISProcessingTimeChart.aspx).

Exceptions to this policy in an intramural, including clinical, setting require the approval of the Deputy Director for Intramural Research (DDIR), NIH, or the DDIR's designee. ICs should establish policy on exceptions in non-intramural settings.

GRs are not eligible for coverage under the Federal Tort Claims Act in the event of a tort/malpractice claim.

Publications resulting from work done by GRs/SVs must credit NIH and be cleared in advance in accordance with NIH Manual 1183, Publications.

In accordance with Executive Order 10096, as amended, 45 CFR Part 7, patent rights for inventions developed in NIH facilities are NIH property unless NIH waives its rights.

Each IC should establish a policy on the length and renewal of GR and SV assignments. Time spent as a GR or SV counts toward the 5/8-year rule for postdoctoral trainees. (https://oir.nih.gov/sourcebook/personnel/recruitment-processes-policies-checklists/5-year-8-year-duration-rule)

A GR or SV may extend his/her visit at NIH with the approval of the proper officials. In addition, if the GR or SV is a non-immigrant foreign national, he/she must remain in a valid visa status with clearance by the DIS, ORS. The IC must submit a request for extension to the DIS before the GR’s or SV’s status expires in accordance with DIS processing times. (https://www.ors.od.nih.gov/pes/dis/AdministrativeStaff/Pages/AboutDISProcessingTimes.aspx)

Notwithstanding individual IC policies on the length of assignments, GR/SV assignments may be terminated at any time by either party to the agreement. ICs must notify the DIS, ORS, of non-immigrant foreign national GR/SV assignment termination at least 30 days prior to the end date.

Non-immigrant foreign nationals GRs/SVs must have appropriate visas that support their activities at NIH. The approved Form NIH 590 and supporting documentation for these individuals must be sent to the DIS, ORS. The candidate GR/SV must be cleared by the DIS, ORS, in order to permit their assignment at the NIH. Such clearance is required before the assignment may commence.

The full document requirements can be located on the DIS web site (https://www.ors.od.nih.gov/pes/dis/AdministrativeStaff/Pages/Checklists.aspx). Requests for all non-immigrant foreign GRs/SVs should be sent to the DIS in accordance with their processing times (https://www.ors.od.nih.gov/pes/dis/Pages/default.aspx).

For requests for J-1 Exchange Visitor status, note the following:

• GRs/SVs must have ample funds for their support, as determined by DIS per guidance from the Department of State and the Department of Labor

• GRs/SVs must have, at a minimum, a Master’s degree or equivalent.

In some instances, a non-immigrant foreign GR/SV may come to NIH as a Temporary Visitor for Business in either B-1 or WB status (Visa waiver for Visitor for Business: intended for stays of 90 days or less for individuals from certain countries), provided he/she will receive no salary or other remuneration from a U.S. source. The B-2 (Temporary Visitor for Pleasure) or WT status (Visa waiver for Visitor for Pleasure: for stays of 90 days or less for individuals from certain countries) is intended for tourism purposes and is not allowed for GR/SV assignments. For further guidance, refer to the DIS Technical Advisory 5 (https://www.ors.od.nih.gov/pes/dis/AdministrativeStaff/Pages/B-1TemporaryVisitors.aspx).

Non-immigrant foreign GRs/SVs must be physically located at NIH research facilities and not in contract facilities or at local universities.

Any patient contact by a non-immigrant foreign SV must be consistent with visa provisions and authorized by the DIS, ORS (refer to the DIS Technical Advisory 4 for a summary). GRs, regardless of citizenship status, are not eligible for any level of patient contact.

Leave of Absence:

The DIS, ORS must be notified and concur with extended absences in order to avoid violation of immigration rules and regulations.

Outside Activities:

Non-immigrant foreign GRs/SVs must receive approval from the DIS, ORS, before any outside activity may commence.

For further information or guidance on immigration-related issues, contact the DIS, ORS.

Guest researchers may use Occupational Medical Service facilities for emergency or other authorized treatment and NIH supplies and research services. Travel at Government expense is permitted when it is of direct benefit to NIH and is fully justified as such. However, because GRs are not Government employees, they may not use Government-owned vehicles.

Training for GRs may not be paid by IC funds.

ICs may, at their discretion and subject to the availability of funds, provide space, equipment, clerical support, clothing or uniforms, or any other resources deemed necessary for volunteers to carry out their assignments (including travel and training).

Parking and ID Cards. GRs/SVs may obtain parking permits and identification cards in the same manner as NIH employees (see NIH Manual 1410, Parking). Complete HHS-745, HHS ID Badge Request (http://intranet.hhs.gov/forms/hhs_forms/hhs-745.pdf). Access to NIH servers, desktops, and laptops requires PIV smartcard approval. (See NIH Manual 2811.)

It is not appropriate to grant GRs any form of award or recognition since they do not perform services for NIH.

ICs are encouraged to develop suitable forms of recognition for the contributions and services rendered by volunteers. Although cash awards from appropriated funds may not be given, certificates of appreciation for volunteer service or similar types of recognition are recommended.

The Special Volunteer and Guest Researcher Assignment Form NIH 590 https://oma.od.nih.gov/Lists/DMSFormsList/Attachments/118/NIH-590.pdf
(Appendix 1), Guest Researcher Agreement Form NIH 590-1 https://oma.od.nih.gov/Lists/DMSFormsList/Attachments/119/NIH-590-1.pdf (Appendix 2), and the Special Volunteer Agreement Form NIH 590-2 https://oma.od.nih.gov/Lists/DMSFormsList/Attachments/120/NIH-590-2.pdf (Appendix 3) of this issuance should be reproduced locally. DIS form requirements for non-immigrant foreign GRs/SVs can be located on the DIS website (https://www.ors.od.nih.gov/pes/dis/Pages/default.aspx.).

The purpose of this chapter is to provide guidelines on the use of the GR and SV programs at NIH. It establishes the conditions under which a GR may be invited to use NIH facilities and defines responsibilities of the various parties involved. In addition, it describes the policies and requirements for acceptance of volunteer services at NIH. This issuance is intended to be used in conjunction with government-wide policies and regulations.

1. Office Responsible for Reviewing Internal Controls Relative to this Chapter: Through this issuance, the Office of Intramural Research (OIR), Office of the Director, NIH, is accountable for the method used to ensure that internal controls are implemented and working.

2. Frequency of Review: Review will be required once every three years

3. Method of Review: Alternative Internal Control Review will be conducted, which will include a statistically valid random sample of ICs using this program to determine their compliance with the policies and procedures.

4. Review Reports are sent to: Deputy Director for Intramural Research, NIH.

All records (e-mail and non-e-mail) pertaining to this chapter must be retained and disposed of under the authority of NIH Manual 1743, Keeping and Destroying Records, Appendix 1, NIH Records Control Schedule, Item 2300-320-3.

NIH e-mail messages, including attachments that are created on NIH computer systems or transmitted over NIH networks that are evidence of the activities of the agency or have informational value are considered Federal records. These records must be maintained in accordance with current NIH Records Management guidelines. If necessary, back-up file capability should be created for this purpose. Contact your IC Records Liaison for additional information.

All e-mail messages are considered Government property and, if requested for a legitimate Government purpose, must be provided to the requester. Employees' supervisors, NIH staff conducting official reviews or investigations, and the Office of Inspector General may request access to or copies of e-mail messages. E-mail messages must also be provided to congressional oversight committees if requested and are subject to Freedom of Information Act requests. Back-up files are subject to the same requests as the original messages.