108TH CONGRESS

2D SESSION H. R. 4170

AN ACT

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 activi-

108TH CONGRESS

2D SESSION H. R. 4170

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,
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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.
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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
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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-
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1 unteers who carry out only those duties or functions

2 specified in the determination.

Passed the House of Representatives July 19, 2004.

Attest:

Clerk.