109th CONGRESS
1st Session
S. 305
To authorize the Secretary of the Interior to recruit volunteers
to assist with or facilitate the activities of various agencies and offices
of the Department of the Interior.
IN THE SENATE OF THE UNITED STATES
February 7, 2005
Mr. CRAIG introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of the Interior to recruit volunteers
to assist with or facilitate the activities of various agencies and offices
of the Department of the Interior.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Department of the Interior Volunteer Recruitment
Act of 2005'.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of the Interior to recruit
and use volunteers to assist with or facilitate the programs of the Bureau
of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation,
and the Office of the Secretary.
SEC. 3. VOLUNTEER AUTHORITY.
(a) In General- The Secretary of the Interior (referred to in this Act as
the `Secretary') may, without regard to the civil service laws (including
regulations), recruit, train, and accept the services of individuals, contributed
without compensation as volunteers, to assist with or facilitate the activities
administered by the Secretary through the Bureau of Indian Affairs, the United
States Geological Survey, the Bureau of Reclamation, and the Office of the
Secretary.
(b) Restrictions on Activities of Volunteers-
(1) IN GENERAL- In accepting the services of volunteers, the Secretary shall
not permit the use of volunteers--
(B) in regulatory and enforcement work;
(C) in policymaking processes; or
(D) to displace any employee.
(2) PRIVATE PROPERTY- No volunteer services authorized by this Act may be
conducted on private property unless the officer or employee supervising
the volunteer obtains from the property owner appropriate consent to enter
the property.
(3) HAZARDOUS DUTY- The Secretary may accept the services of a volunteer
in hazardous duty only if the Secretary determines that the volunteer is
skilled in performing hazardous duty activities.
(4) SUPERVISION- The Secretary shall ensure that an appropriate officer
or employee of the United States provides adequate and appropriate supervision
of each individual that volunteers under this Act.
(c) Provision of Services and Costs- The Secretary may provide for services
and costs incidental to the use of volunteers under this Act, including--
(5) without regard to the place of residence of the volunteers, subsistence;
(9) awards and recognition, including nominal cash awards.
(d) Federal Employment Status of Volunteers-
(1) IN GENERAL- Except as otherwise provided in this subsection, a volunteer
under this Act shall not be--
(A) considered to be a Federal employee; or
(B) subject to any provision of law relating to Federal employment, including
provisions relating to--
(ii) rates of compensation;
(iv) unemployment compensation; and
(v) Federal employee benefits.
(2) LIABILITY- Volunteers under this Act shall be considered to be employees
of the United States for the purposes of--
(A) chapter 171 title 28, United States Code;
(B) subchapter I of chapter 81 of title 5, United States Code; and
(C) claims relating to damage to, or loss of, personal property of a volunteer
incident to volunteer service, which shall be subject to section 3721
of title 31, United States Code.
(3) CONFLICTS OF INTEREST-
(A) IN GENERAL- Volunteers under this Act shall be subject to chapter
11 of title 18, United States Code, unless the Secretary, with the concurrence
of the Director of the Office of Government Ethics, determines that the
provisions of that chapter, other than section 201, shall not apply to
the actions of a class of volunteers who carry out only those duties or
functions specified in the determination.
(B) PUBLICATION OF DETERMINATION- The Secretary shall publish in the Federal
Register any determinations made under subparagraph (A).
END