42 U.S.C. § 12655n — Federal and State employee status

Page 8427 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655n ‘‘(1) IN GENERAL.—From assistance provided under this part, each participant in a full-time youth corps program that receives assistance under this part shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 9902(2) of this title). ‘‘(2) NON-FEDERAL SOURCES.—Notwithstanding para- graph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources.’’ Subsec. (d)(4)(A), (B), (5). Pub. L. 103–82, § 101(e)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. 1991—Subsec. (d)(1). Pub. L. 102–10 substituted ‘‘sub- section (a)’’ for ‘‘subsections (a) and (c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655m. Joint programs (a) Development The Corporation may develop, in cooperation with the heads of other Federal agencies, regula- tions designed to permit, where appropriate, joint programs in which activities supported with assistance made available under this divi- sion are coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (in- cluding title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]). (b) Standards Regulations promulgated under subsection (a) shall establish standards for the approval of joint programs that meet both the purposes of this subchapter and the purposes of such stat- utes under which assistance is made available to support such projects. (c) Operation of management agreements Program agencies may enter into contracts and other appropriate arrangements with local government agencies and nonprofit organiza- tions for the operation or management of any projects or facilities under the program. (d) Coordination The Corporation and program agencies car- rying out programs under this division shall co- ordinate the programs with related Federal, State, local, and private activities. (Pub. L. 101–610, title I, § 199L, formerly § 134, Nov. 16, 1990, 104 Stat. 3148; renumbered § 199N, renumbered § 199L, and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(C), (f)(33)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–428, 2681–434; Pub. L. 113–128, title V, § 512(u)(2), July 22, 2014, 128 Stat. 1712.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. CODIFICATION Section was formerly classified to section 12554 of this title prior to renumbering by Pub. L. 103–82, § 101(a). PRIOR PROVISIONS A prior section 199L of Pub. L. 101–610 was classified to section 12655k of this title prior to repeal by Pub. L. 103–82, § 101(e)(8)(A). AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘coordi- nated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Inno- vation and Opportunity Act)’’ for ‘‘coordinated with ac- tivities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Investment Act of 1998)’’. 1998—Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(33)(B)], struck out ‘‘the Job Training Partner- ship Act and’’ after ‘‘(including’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(42)(C)], sub- stituted ‘‘the Job Training Partnership Act and title I of the Workforce Investment Act of 1998’’ for ‘‘the Job Training Partnership Act (29 U.S.C. 1501 et seq.)’’. 1993—Subsecs. (a), (d). Pub. L. 103–82, § 101(e)(1), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(42)(C)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(33)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655n. Federal and State employee status (a) In general Participants and crew leaders shall be respon- sible to, or be the responsibility of, the program agency administering the program on which such participants, crew leaders, and volunteers work. (b) Non-Federal employees (1) In general Except as otherwise provided in this sub- section, a participant or crew leader in a pro- gram that receives assistance under this divi- sion shall not be considered a Federal em- ployee and shall not be subject to the provi- sions of law relating to Federal employment. (2) Work-related injury For purposes of subchapter I of chapter 81 of title 5, relating to the compensation of Fed- Page 8428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12656 1 So in original. Probably should be ‘‘provisions’’. eral employees for work injuries, a participant or crew leader serving in a program that re- ceives assistance under this division shall be considered an employee of the United States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5 and the provi- sion 1 of that subchapter shall apply, except— (A) the term ‘‘performance of duty’’, as used in such subchapter, shall not include an act of a participant or crew leader while ab- sent from the assigned post of duty of such participant or crew leader, except while par- ticipating in an activity authorized by or under the direction and supervision of a pro- gram agency (including an activity while on pass or during travel to or from such post of duty); and (B) compensation for disability shall not begin to accrue until the day following the date that the employment of the injured participant or crew leader is terminated. (3) Tort claims procedure For purposes of chapter 171 of title 28, relat- ing to tort claims procedure, a participant or crew leaders assigned to a youth corps pro- gram for which a grant has been made to the Secretary of Agriculture, Secretary of the In- terior, or the Director of ACTION, shall be considered an employee of the United States within the meaning of the term ‘‘employee of the government’’ as defined in section 2671 of such title. (4) Allowance for quarters For purposes of section 5911 of title 5, relat- ing to allowances for quarters, a participant or crew leader shall be considered an employee of the United States within the meaning of the term ‘‘employee’’ as defined in paragraph (3) of subsection (a) of such section. (c) Availability of appropriation Contract authority under this division shall be subject to the availability of appropriations. As- sistance made available under this division shall only be used for activities that are in addition to those which would otherwise be carried out in the area in the absence of such funds. (Pub. L. 101–610, title I, § 199M, formerly § 135, Nov. 16, 1990, 104 Stat. 3149; renumbered § 199O, renumbered § 199M, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816, as amended Pub. L. 103–304, § 3(b)(1), Aug. 23, 1994, 108 Stat. 1567.) Editorial Notes CODIFICATION Section was formerly classified to section 12555 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1994—Pub. L. 103–304 amended directory language of Pub. L. 103–82, § 101(a)(3), which renumbered section 135 of Pub. L. 101–610 as section 199O. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–304 effective as of Oct. 1, 1993, see section 3(b)(10)(B) of Pub. L. 103–304, set out as a note under section 4953 of this title. TRANSFER OF FUNCTIONS For transfer of functions of Director of ACTION Agency (including all related functions of any officer or employee of ACTION Agency) to Corporation for Na- tional and Community Service, and effective date of such transfer, see section 203(c), (d) of Pub. L. 103–82, set out as a note under section 12651 of this title. Division J—Miscellaneous § 12656. Urban Youth Corps (a) Findings The Congress finds the following: (1) The rehabilitation, reclamation, and beautification of urban public housing, rec- reational sites, youth and senior centers, and public roads and public works facilities through the efforts of young people in the United States in an Urban Youth Corps can benefit these youths, while also benefiting their communities, by— (A) providing them with education and work opportunities; (B) furthering their understanding and ap- preciation of the challenges faced by individ- uals residing in urban communities; and (C) providing them with a means to pay for higher education or to repay indebtedness they have incurred to obtain higher edu- cation. (2) A significant number of housing units for low-income individuals in urban areas has be- come substandard and unsafe and the deterio- ration of urban roadways, mass transit sys- tems, and transportation facilities in the United States have contributed to the blight encountered in many cities in the United States. (3) As a result, urban housing, public works, and transportation resources are in need of labor intensive rehabilitation, reclamation, and beautification work that has been ne- glected in the past and cannot be adequately carried out by Federal, State, and local gov- ernment at existing personnel levels. (4) Urban youth corps have established a good record of rehabilitating, reclaiming, and beautifying these kinds of resources in a cost- efficient manner, especially when they have worked in partnership with government hous- ing, public works, and transportation authori- ties and agencies. (b) Purpose It is the purpose of this section— (1) to perform, in a cost-effective manner, appropriate service projects to rehabilitate, reclaim, beautify, and improve public housing and public works and transportation facilities and resources in urban areas suffering from high rates of poverty where work will not be performed by existing employees; (2) to assist government housing, public works, and transportation authorities and agencies;