IB 

Union Calendar No. 372 

108TH CONGRESS 

2D SESSION H. R. 4170 

[Report No. 108–613] 

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 HOUSE OF REPRESENTATIVES 

APRIL 20, 2004 

Mr. POMBO (by request) introduced the following bill; which was referred to 

the Committee on Resources 

JULY 19, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 20, 2004] 

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, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of the Inte3 rior 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 service 

13 classification laws, rules, or regulations, the services of indi14 viduals, contributed without compensation as volunteers, 

15 for aiding in or facilitating the activities administered by 

16 the Secretary through the Bureau of Indian Affairs, the 

17 United States Geological Survey, the Bureau of Reclama18 tion, and the Office of the Secretary. 

19 (b) RESTRICTIONS ON ACTIVITIES OF VOLUNTEERS.— 

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

21 individuals as volunteers, the Secretary shall not per22 mit the use of volunteers in law enforcement work, in 

23 regulatory and enforcement work, in policymaking 

24 processes, or to displace any employee. 

25 (2) PRIVATE PROPERTY.—No volunteer services 

26 authorized by this Act may be conducted on private 
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1 property unless the officer or employee charged with 

2 supervising the volunteer obtains appropriate consent 

3 to enter the property from the property owner. 

4 (3) HAZARDOUS DUTY.—The Secretary may ac5 cept the services of individuals in hazardous duty 

6 only upon a determination by the Secretary that such 

7 individuals are skilled in performing hazardous duty 

8 activities. 

9 (4) SUPERVISION.—The Secretary shall ensure 

10 that an appropriate officer or employee of the United 

11 States provides adequate and appropriate supervision 

12 of each volunteer whose services the Secretary accepts. 

13 (c) PROVISION OF SERVICES AND COSTS.—The Sec14 retary may provide for services and costs incidental to the 

15 utilization of volunteers, including transportation, supplies, 

16 uniforms, lodging, subsistence (without regard to place of 

17 residence), recruiting, training, supervision, and awards 

18 and recognition (including nominal cash awards). 

19 (d) FEDERAL EMPLOYMENT STATUS OF VOLUN20 TEERS.— 

21 (1) Except as otherwise provided in this sub22 section, a volunteer shall not be deemed a Federal em23 ployee and shall not be subject to the provisions of 

24 law relating to Federal employment, including those 

25 provisions relating to hours of work, rates of com-
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1 pensation, leave, unemployment compensation, and 

2 Federal employee benefits. 

3 (2) Volunteers shall be deemed employees of the 

4 United States for the purposes of— 

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

6 United States Code; 

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

8 United States Code; and 

9 (C) claims relating to damage to, or loss of, 

10 personal property of a volunteer incident to vol11 unteer service, in which case the provisions of 

12 section 3721 of title 31, United States Code, shall 

13 apply. 

14 (3) Volunteers under this Act shall be subject to 

15 chapter 11 of title 18, United States Code, unless the 

16 Secretary, with the concurrence of the Director of the 

17 Office of Government Ethics, determines in writing 

18 published in the Federal Register that the provisions 

19 of that chapter, except section 201, shall not apply to 

20 the actions of a class or classes of volunteers who 

21 carry out only those duties or functions specified in 

22 the determination. 

Union Calendar No. 372 

108TH CONGRESS 

2D SESSION H. R. 4170 

[Report No. 108–613] 

A BILL 

To authorize the Secretary of the Interior to recruit 

ment of the Interior. ties of various agencies and offices of the Departvolunteers to assist with, or facilitate, the activiJULY 19, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,