II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of the In5 terior Volunteer Recruitment Act of 2005’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize the Secretary 

8 of the Interior to recruit and use volunteers to assist with 

9 or facilitate the programs of the Bureau of Indian Affairs, 
2

•S 305 IS

1 the United States Geological Survey, the Bureau of Rec2 lamation, and the Office of the Secretary. 

3 SEC. 3. VOLUNTEER AUTHORITY. 

4 (a) IN GENERAL.—The Secretary of the Interior (re5 ferred to in this Act as the ‘‘Secretary’’) may, without re6 gard to the civil service laws (including regulations), re7 cruit, train, and accept the services of individuals, contrib8 uted without compensation as volunteers, to assist with 

9 or facilitate the activities administered by the Secretary 

10 through the Bureau of Indian Affairs, the United States 

11 Geological Survey, the Bureau of Reclamation, and the 

12 Office of the Secretary. 

13 (b) RESTRICTIONS ON ACTIVITIES OF VOLUN14 TEERS.— 

15 (1) IN GENERAL.—In accepting the services of 

16 volunteers, the Secretary shall not permit the use of 

17 volunteers— 

18 (A) in law enforcement; 

19 (B) in regulatory and enforcement work; 

20 (C) in policymaking processes; or 

21 (D) to displace any employee. 

22 (2) PRIVATE PROPERTY.—No volunteer services 

23 authorized by this Act may be conducted on private 

24 property unless the officer or employee supervising 
3

•S 305 IS

1 the volunteer obtains from the property owner ap2 propriate consent to enter the property. 

3 (3) HAZARDOUS DUTY.—The Secretary may ac4 cept the services of a volunteer in hazardous duty 

5 only if the Secretary determines that the volunteer 

6 is skilled in performing hazardous duty activities. 

7 (4) SUPERVISION.—The Secretary shall ensure 

8 that an appropriate officer or employee of the 

9 United States provides adequate and appropriate su10 pervision of each individual that volunteers under 

11 this Act. 

12 (c) PROVISION OF SERVICES AND COSTS.—The Sec13 retary may provide for services and costs incidental to the 

14 use of volunteers under this Act, including— 

15 (1) transportation; 

16 (2) supplies; 

17 (3) uniforms; 

18 (4) lodging; 

19 (5) without regard to the place of residence of 

20 the volunteers, subsistence; 

21 (6) recruiting; 

22 (7) training; 

23 (8) supervision; and 

24 (9) awards and recognition, including nominal 

25 cash awards. 
4

•S 305 IS

1 (d) FEDERAL EMPLOYMENT STATUS OF VOLUN2 TEERS.— 

3 (1) IN GENERAL.—Except as otherwise pro4 vided in this subsection, a volunteer under this Act 

5 shall not be— 

6 (A) considered to be a Federal employee; 

7 or 

8 (B) subject to any provision of law relating 

9 to Federal employment, including provisions re10 lating to— 

11 (i) hours of work; 

12 (ii) rates of compensation; 

13 (iii) leave; 

14 (iv) unemployment compensation; and 

15 (v) Federal employee benefits. 

16 (2) LIABILITY.—Volunteers under this Act shall 

17 be considered to be employees of the United States 

18 for the purposes of— 

19 (A) chapter 171 title 28, United States 

20 Code; 

21 (B) subchapter I of chapter 81 of title 5, 

22 United States Code; and 

23 (C) claims relating to damage to, or loss 

24 of, personal property of a volunteer incident to 
5

•S 305 IS

1 volunteer service, which shall be subject to sec2 tion 3721 of title 31, United States Code. 

3 (3) CONFLICTS OF INTEREST.— 

4 (A) IN GENERAL.—Volunteers under this 

5 Act shall be subject to chapter 11 of title 18, 

6 United States Code, unless the Secretary, with 

7 the concurrence of the Director of the Office of 

8 Government Ethics, determines that the provi9 sions of that chapter, other than section 201, 

10 shall not apply to the actions of a class of vol11 unteers who carry out only those duties or func12 tions specified in the determination. 

13 (B) PUBLICATION OF DETERMINATION.—

14 The Secretary shall publish in the Federal Reg15 ister any determinations made under subpara16 graph (A).

Æ