1.
This Act may be cited as the
Department of the Interior Volunteer
Recruitment Act of 2005
.
2.
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.
3.
(a)
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 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)
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)
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)
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)
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)
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)
(A)
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).