[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4099 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4099

  To amend the Homeland Security Act of 2002 to authorize the Citizen 
     Corps and establish the Border Corps, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2005

 Mr. McCaul of Texas (for himself, Mr. Boren, Mrs. Drake, Mr. Smith of 
  Texas, and Mr. Culberson) introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to authorize the Citizen 
     Corps and establish the Border Corps, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Volunteerism 
Enhancement Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The tragic events of September 11, 2001 demonstrated 
        the need for citizen preparedness to prevent and respond to 
        acts of terrorism.
            (2) The people of the United States responded to the tragic 
        events of September 11, 2001 with courage and compassion as 
        well as a renewed commitment and desire to help others.
            (3) The changing threat and issues that face the Nation 
        call for the mobilization and effective use of citizenry in 
        times of need.
            (4) Existing volunteer organizations, including the Coast 
        Guard Auxiliary, have been very successful in providing a wide 
        range of administrative and operational opportunities for 
        citizen participation.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary 
of Homeland Security to recruit and use volunteers to support homeland 
security efforts.

SEC. 3. CITIZEN CORPS; BORDER CORPS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following:

``SEC. 890A. CITIZEN CORPS.

    ``(a) Establishment.--The Secretary shall establish, as a component 
of the USA Freedom Corps established by Executive Order 13254, a 
program to be known as the `Citizen Corps' to coordinate homeland 
security volunteer activities.
    ``(b) Office of State and Local Government Coordination and 
Preparedness.--The Citizen Corps shall be headed by the Director of the 
Office of State and Local Government Coordination and Preparedness.
    ``(c) Volunteer Authority.--As part of the Citizen Corps 
established in subsection (a), the Secretary may recruit, train, and 
accept the services of volunteers notwithstanding section 1342 of title 
31, United States Code.

``SEC. 890B. BORDER CORPS.

    ``(a) Establishment.--The Secretary shall establish a Border Corps, 
to be administered by the Commissioner of the Bureau of Customs and 
Border Protection. The Border Corps shall be an organization under the 
Citizen Corps. The Secretary shall recruit, train, and accept for 
enrollment the members of the Border Corps.
    ``(b) Volunteers.--Members of the Border Corps shall be volunteers 
who agree to contribute services without compensation. Section 1342 of 
title 31, United States Code, shall not apply to the acceptance of 
voluntary services by members of the Border Corps.
    ``(c) Duties.--
            ``(1) In general.--The Border Corps shall assist the United 
        States Border Patrol in carrying out its mission, to the extent 
        authorized by the Secretary.
            ``(2) Focus.--Members of the Border Corps shall be assigned 
        duties primarily in the areas of surveillance (responding to 
        electronic sensor alarms and aircraft sightings, manning remote 
        video surveillance camera systems), communications (using 
        radio, cellular, and satellite communications equipment to 
        assist Border Patrol agents in rapid response), transportation, 
        and administrative support.
            ``(3) Additional duties.--Members of the Border Corps may 
        also assist the Border Patrol in the following areas of United 
        States Border Patrol operations:
                    ``(A) Line watch operations to prevent illegal 
                entry and smuggling.
                    ``(B) Signcutting operations to detect and 
                interpret disturbances in natural terrain conditions 
                that indicate the presence or passage of people, 
                animals, or vehicles.
                    ``(C) Traffic checkpoints to detect aliens 
                unlawfully traveling into the interior of the United 
                States and to detect illegal narcotics.
                    ``(D) Air operations.
                    ``(E) Marine patrol.
                    ``(F) Horse and bike patrol.
    ``(d) Status.--
            ``(1) Not federal employees.--Except as otherwise provided 
        in this subsection, a volunteer shall not be deemed a Federal 
        employee and shall not be subject to the provisions of law 
        relating to Federal employment, including those provisions 
        relating to hours of work, rates of compensation, leave, 
        unemployment compensation, and Federal employee benefits.
            ``(2) Exceptions.--A member of the Border Corps while 
        assigned to duty shall be deemed to be a Federal employee only 
        for the following purposes:
                    ``(A) Chapter 26 of title 28, United States Code.
                    ``(B) Subchapter I of chapter 81 of title 5, United 
                States Code.
                    ``(C) Claims relating to damage to, or loss of, 
                personal property of a volunteer incident to volunteer 
                service, in which case the provisions of section 3721 
                of title 31, United States Code, shall apply.
            ``(3) Standards.--Nothing in this subsection shall 
        constrain the Secretary from prescribing standards for the 
        conduct and behavior of members of the Border Corps.
    ``(e) Eligibility.--
            ``(1) In general.--All citizens and legal permanent 
        residents of the United States over 18 years of age shall be 
        eligible to serve in the Border Corps.
            ``(2) Background check.--All volunteers must undergo a 
        background check in accordance with procedures established by 
        the Secretary.
    ``(f) Training.--The Secretary shall create a training and 
certification program for Border Corps volunteers in accordance with 
the specific tasks and functions in which they participate.
    ``(g) Travel Expenses.--When any member of the Border Corps is 
assigned to such duty the member may, pursuant to regulations issued by 
the Secretary, be paid actual necessary traveling expenses, including a 
per diem allowance in lieu of subsistence in conformity with 
standardized Federal Government travel regulations, while traveling and 
while on duty away from home. No per diem shall be paid for any period 
during which quarters and subsistence in kind are furnished by the 
Federal Government.
    ``(h) Disenrollment.--Members of the Border Corps may be 
disenrolled at any time, with or without cause, by the Secretary or the 
member.
    ``(i) Border Patrol Staffing.--
            ``(1) In general.--In accepting the services of individuals 
        as volunteers through the Border Corps program, the Secretary 
        shall not permit the use of volunteers to displace any 
        employee.
            ``(2) Authorization for increase in border patrol agents.--
        The Secretary shall increase the number of full-time active-
        duty Border Patrol agents in accordance with section 5202 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 118 Stat. 3734).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding after the item relating to section 890 
the following:

``Sec. 890A. Citizen corps.
``Sec. 890B. Border corps.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Citizen Corps.--There are authorized to be appropriated to 
carry out section 890A of the Homeland Security Act of 2002, as added 
by section 3 of this Act, $50,000,000 for each of fiscal years 2007 
through 2012.
    (b) Border Corps.--There are authorized to be appropriated to carry 
out section 890B of the Homeland Security Act of 2002, as added by 
section 3 of this Act, $20,000,000 for each of fiscal years 2007 
through 2012.
                                 <all>