Department of the Interior Volunteer Recruitment Act of 2004 - Authorizes the Secretary of the Interior to recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or facilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the U.S. Geological Survey, the Bureau of Reclamation, and the Office of the Secretary.
Prohibits: (1) the Secretary, in accepting such services of individuals as volunteers, from permitting the use of such volunteers in law enforcement work, in regulatory and enforcement work, in policy-making processes, or to displace any employee; and (2) volunteer services authorized by this Act from being conducted on private property unless the officer or employee charged with supervising the volunteer obtains appropriate consent to enter the property from the property owner. Authorizes the Secretary to accept the services of individuals in hazardous duty only upon a determination by the Secretary that such individuals are skilled in performing hazardous activities. Directs the Secretary to ensure that an appropriate U.S. officer or employee provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts.
Authorizes the Secretary to provide for services and costs incidental to the utilization of volunteers. Provides that a volunteer shall not be deemed a Federal employee and shall not be subject to Federal employment law including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. Provides for volunteers under this Act to be subject to the provisions of Federal criminal law concerning bribery, graft, and conflicts of interest, except under certain conditions.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4170 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4170
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
_______________________________________________________________________
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 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) A commitment to serve our neighbors and our Nation is
an essential part of the character of the people of the United
States. We have always believed in an ethic of citizenship that
includes helping those in need and promoting the common good.
We know this makes the United States stronger and the world
better.
(2) President George W. Bush has called on all Americans to
serve their country for the equivalent of two years, or 4,000
hours, over a lifetime. This is a profound individual
commitment and a worthy national goal.
(3) The tragic events of September 11, 2001, reminded the
people of the United States that, as citizens, we bear
essential obligations to each other, to our country, and to
history.
(4) The Department of the Interior has agencies with
vibrant volunteer programs, such as the National Park Service,
the United States Fish and Wildlife Service, and the Bureau of
Land Management. However, there are a number of agencies and
offices that have no authority or incomplete authority to
recruit and use volunteers.
(b) 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 Office of
Surface Mining, Reclamation and Enforcement, the Minerals Management
Service, the United States Geological Survey, the Bureau of
Reclamation, the Office of the Solicitor, and the Office of the
Secretary.
SEC. 3. VOLUNTEER AUTHORITY.
(a) In General.--The Secretary of the Interior may recruit, train,
and accept, without regard to the civil service classification laws,
rules, or regulations, the services of individuals, contributed without
compensation as volunteers, for aiding in or facilitating the
activities administered by the Secretary through the Bureau of Indian
Affairs, the Office of Surface Mining Reclamation and Enforcement, the
Minerals Management Service, the United States Geological Survey, the
Bureau of Reclamation, the Office of the Solicitor, and the Office of
the Secretary.
(b) Restrictions on Activities of Volunteers.--
(1) In general.--In accepting such services of individuals
as volunteers, the Secretary shall not permit the use of
volunteers in law enforcement work, in regulatory and
enforcement work, in policymaking processes, or 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 charged with supervising the volunteer
obtains appropriate consent to enter the property from the
property owner.
(3) Hazardous duty.--The Secretary may accept the services
of individuals in hazardous duty only upon a determination by
the Secretary that such individuals are 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 volunteer whose
services the Secretary accepts.
(c) Provision of Services and Costs.--The Secretary may provide for
services and costs incidental to the utilization of volunteers,
including transportation, supplies, uniforms, lodging, subsistence
(without regard to place of residence), recruiting, training,
supervision, and awards and recognition (including nominal cash
awards).
(d) Federal Employment Status of Volunteers.--
(1) 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) Volunteers shall be deemed employees of the United
States for the purposes of--
(A) the tort claims provisions of 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, in which case the provisions of section 3721
of title 31, United States Code, shall apply.
(3) Volunteers under this Act will 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 in writing published in the Federal Register that
the provisions of that chapter, except section 201, will not
apply to the actions of a class or classes of volunteers who
carry out only those duties or functions specified in the
determination.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Resources. H. Rept. 108-613.
Reported (Amended) by the Committee on Resources. H. Rept. 108-613.
Placed on the Union Calendar, Calendar No. 372.
Mr. Hayworth moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5942-5943)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4170.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5942)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5942)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held.