[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 305 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 305

  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 SENATE OF THE UNITED STATES

                            February 7, 2005

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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.

    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 ``Department of the Interior Volunteer 
Recruitment Act of 2005''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize the Secretary of the 
Interior to recruit and use volunteers to assist with or facilitate the 
programs of the Bureau of Indian Affairs, the United States Geological 
Survey, the Bureau of Reclamation, and the Office of the Secretary.

SEC. 3. VOLUNTEER AUTHORITY.

    (a) In General.--The Secretary of the Interior (referred to in this 
Act as the ``Secretary'') may, without regard to the civil service laws 
(including regulations), recruit, train, and accept the services of 
individuals, contributed without compensation as volunteers, to assist 
with or facilitate the activities administered by the Secretary through 
the Bureau of Indian Affairs, the United States Geological Survey, the 
Bureau of Reclamation, and the Office of the Secretary.
    (b) Restrictions on Activities of Volunteers.--
            (1) In general.--In accepting the services of volunteers, 
        the Secretary shall not permit the use of volunteers--
                    (A) in law enforcement;
                    (B) in regulatory and enforcement work;
                    (C) in policymaking processes; or
                    (D) to displace any employee.
            (2) Private property.--No volunteer services authorized by 
        this Act may be conducted on private property unless the 
        officer or employee supervising the volunteer obtains from the 
        property owner appropriate consent to enter the property.
            (3) Hazardous duty.--The Secretary may accept the services 
        of a volunteer in hazardous duty only if the Secretary 
        determines that the volunteer is skilled in performing 
        hazardous duty activities.
            (4) Supervision.--The Secretary shall ensure that an 
        appropriate officer or employee of the United States provides 
        adequate and appropriate supervision of each individual that 
        volunteers under this Act.
    (c) Provision of Services and Costs.--The Secretary may provide for 
services and costs incidental to the use of volunteers under this Act, 
including--
            (1) transportation;
            (2) supplies;
            (3) uniforms;
            (4) lodging;
            (5) without regard to the place of residence of the 
        volunteers, subsistence;
            (6) recruiting;
            (7) training;
            (8) supervision; and
            (9) awards and recognition, including nominal cash awards.
    (d) Federal Employment Status of Volunteers.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a volunteer under this Act shall not be--
                    (A) considered to be a Federal employee; or
                    (B) subject to any provision of law relating to 
                Federal employment, including provisions relating to--
                            (i) hours of work;
                            (ii) rates of compensation;
                            (iii) leave;
                            (iv) unemployment compensation; and
                            (v) Federal employee benefits.
            (2) Liability.--Volunteers under this Act shall be 
        considered to be employees of the United States for the 
        purposes of--
                    (A) chapter 171 title 28, United States Code;
                    (B) subchapter I of chapter 81 of title 5, United 
                States Code; and
                    (C) claims relating to damage to, or loss of, 
                personal property of a volunteer incident to volunteer 
                service, which shall be subject to section 3721 of 
                title 31, United States Code.
            (3) Conflicts of interest.--
                    (A) In general.--Volunteers under this Act shall be 
                subject to chapter 11 of title 18, United States Code, 
                unless the Secretary, with the concurrence of the 
                Director of the Office of Government Ethics, determines 
                that the provisions of that chapter, other than section 
                201, shall not apply to the actions of a class of 
                volunteers who carry out only those duties or functions 
                specified in the determination.
                    (B) Publication of determination.--The Secretary 
                shall publish in the Federal Register any 
                determinations made under subparagraph (A).
                                 <all>