I

103D CONGRESS

1ST SESSION H. R. 851

To amend the Immigration and Nationality Act to authorize the Immigration

and Naturalization Service to accept volunteer services.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. MOORHEAD introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to authorize

the Immigration and Naturalization Service to accept

volunteer services.

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 ‘‘Immigration Service

5 Volunteer Assistance Act’’.

6 SEC. 2. AUTHORIZING USING OF VOLUNTEERS.

7 (a) IN GENERAL.—Title I of the Immigration and

8 Nationality Act is amended by adding at the end the fol9 lowing new section:
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1 ‘‘USE OF VOLUNTEERS

2 ‘‘SEC. 107. (a) Notwithstanding section 1342 of title

3 31, United States Code, the Commissioner may recruit,

4 train, and accept, without regard to the provisions of title

5 5, United States Code, the services of individuals without

6 compensation as volunteers for the Service. Such volun7 teers may be used to assist the Service, in a voluntary

8 support role—

9 ‘‘(1) in search and rescue missions and similar

10 humanitarian missions in border areas;

11 ‘‘(2) in a chaplain program (including counsel12 ing, officiating at funerals and weddings, and visit13 ing employees off-duty because of illness or injury);

14 ‘‘(3) in providing language interpreter services

15 (for languages other than Spanish);

16 ‘‘(4) in observing activities in border areas and

17 in reporting observations (such as movements of

18 large groups of people) to the Service; and

19 ‘‘(5) in such non-critical, non-operational sup20 port functions of the Service as the Attorney Gen21 eral determines could be adequately and appro22 priately performed by volunteers.

23 The Commissioner shall not use volunteers under this sec24 tion to displace personnel of the Service.
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1 ‘‘(b) The Commissioner is authorized to provide for

2 incidental expenses, such as transportation, uniforms, and

3 subsistence, of such volunteers.

4 ‘‘(c)(1) Except as otherwise provided in this sub5 section, a volunteer shall not be deemed a Federal em6 ployee and shall not be subject to the provisions of law

7 relating to Federal employment, including those relative

8 to hours of work, rates of compensation, leave, unemploy9 ment compensation, and Federal employee benefits. Vol10 unteers are not authorized to arrest, detain, or interrogate

11 individuals.

12 ‘‘(2) For the purpose of the tort claim provisions of

13 title 28, United States Code, a volunteer under this section

14 shall be considered a Federal employee.

15 ‘‘(3) For purposes of subchapter I of chapter 81 of

16 title 5, United States Code, relating to compensation to

17 Federal employees for work injuries, volunteers under this

18 section shall be deemed employees of the United States

19 within the meaning of the term ‘employees’ as defined in

20 section 8101 of such title, and the provisions of that sub21 chapter shall apply.

22 ‘‘(d) There are authorized to be appropriated to carry

23 out this section $100,000 for each fiscal year (beginning

24 with fiscal year 1994).’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 of such Act is amended by inserting after the item relating

3 to section 106 the following new item:

‘‘Sec. 107. Use of volunteers.’’.

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