IIB 

108TH CONGRESS 

2D SESSION H. R. 4170

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2004

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT

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,
2

HR 4170 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of the In3 terior Volunteer Recruitment Act of 2004’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to authorize the Secretary 

6 of the Interior to recruit and use volunteers to assist with, 

7 or facilitate, the programs of the Bureau of Indian Affairs, 

8 the United States Geological Survey, the Bureau of Rec9 lamation, and the Office of the Secretary. 

10 SEC. 3. VOLUNTEER AUTHORITY. 

11 (a) IN GENERAL.—The Secretary of the Interior may 

12 recruit, train, and accept, without regard to the civil serv13 ice classification laws, rules, or regulations, the services 

14 of individuals, contributed without compensation as volun15 teers, for aiding in or facilitating the activities adminis16 tered by the Secretary through the Bureau of Indian Af17 fairs, the United States Geological Survey, the Bureau of 

18 Reclamation, and the Office of the Secretary. 

19 (b) RESTRICTIONS ON ACTIVITIES OF VOLUN20 TEERS.—

21 (1) IN GENERAL.—In accepting such services of 

22 individuals as volunteers, the Secretary shall not 

23 permit the use of volunteers in law enforcement 

24 work, in regulatory and enforcement work, in policy25 making processes, or to displace any employee. 
3

HR 4170 RFS 

1 (2) PRIVATE PROPERTY.—No volunteer services 

2 authorized by this Act may be conducted on private 

3 property unless the officer or employee charged with 

4 supervising the volunteer obtains appropriate con5 sent to enter the property from the property owner. 

6 (3) HAZARDOUS DUTY.—The Secretary may ac7 cept the services of individuals in hazardous duty 

8 only upon a determination by the Secretary that 

9 such individuals are skilled in performing hazardous 

10 duty activities. 

11 (4) SUPERVISION.—The Secretary shall ensure 

12 that an appropriate officer or employee of the 

13 United States provides adequate and appropriate su14 pervision of each volunteer whose services the Sec15 retary accepts. 

16 (c) PROVISION OF SERVICES AND COSTS.—The Sec17 retary may provide for services and costs incidental to the 

18 utilization of volunteers, including transportation, sup19 plies, uniforms, lodging, subsistence (without regard to 

20 place of residence), recruiting, training, supervision, and 

21 awards and recognition (including nominal cash awards). 

22 (d) FEDERAL EMPLOYMENT STATUS OF VOLUN23 TEERS.—

24 (1) Except as otherwise provided in this sub25 section, a volunteer shall not be deemed a Federal 
4

HR 4170 RFS 

1 employee and shall not be subject to the provisions 

2 of law relating to Federal employment, including 

3 those provisions relating to hours of work, rates of 

4 compensation, leave, unemployment compensation, 

5 and Federal employee benefits. 

6 (2) Volunteers shall be deemed employees of the 

7 United States for the purposes of—

8 (A) the tort claims provisions of title 28, 

9 United States Code; 

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

11 United States Code; and 

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

13 of, personal property of a volunteer incident to 

14 volunteer service, in which case the provisions 

15 of section 3721 of title 31, United States Code, 

16 shall apply. 

17 (3) Volunteers under this Act shall be subject 

18 to chapter 11 of title 18, United States Code, unless 

19 the Secretary, with the concurrence of the Director 

20 of the Office of Government Ethics, determines in 

21 writing published in the Federal Register that the 

22 provisions of that chapter, except section 201, shall 

23 not apply to the actions of a class or classes of vol-
5

HR 4170 RFS 

1 unteers who carry out only those duties or functions 

2 specified in the determination.

Passed the House of Representatives July 19, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.