42 U.S.C. § 12622 — Responsibilities of Department of De-

Page 8362 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12621 employees for work injuries, members of the Corps shall be considered as employees of the United States within the meaning of the term ‘‘employee’’, as defined in section 8101 of such title. (2) Special rule In the application of the provisions of sub- chapter I of chapter 81 of title 5 to a person re- ferred to in paragraph (1), the person shall not be considered to be in the performance of duty while absent from the person’s assigned post of duty unless the absence is authorized in ac- cordance with procedures prescribed by the Di- rector. (c) Tort claims procedure A member of the Corps shall be considered an employee of the United States for purposes of chapter 171 of title 28 relating to tort claims li- ability and procedure. (Pub. L. 101–610, title I, § 160, formerly § 195I, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530; renumbered § 160, Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840; amended Pub. L. 111–13, title I, § 1510, Apr. 21, 2009, 123 Stat. 1526.) Editorial Notes CODIFICATION Section was formerly classified to section 12653i of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 160 of Pub. L. 101–610 was classified to section 12611 of this title prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13 inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. § 12621. Contract and grant authority (a) Programs The Director may, by contract or grant, pro- vide for any public or private organization to carry out the National Civilian Community Corps program. (b) Equipment and facilities (1) Federal and National Guard property The Director shall enter into agreements, as necessary, with the Secretary of Defense, the Governor of a State, territory or common- wealth, or the commanding general of the Dis- trict of Columbia National Guard, as the case may be, to utilize— (A) equipment of the Department of De- fense and equipment of the National Guard; and (B) Department of Defense facilities and National Guard facilities identified pursuant to section 12622(c) of this title. (2) Other property The Director may enter into contracts or agreements for the use of other equipment or facilities to the extent practicable to train and house members of the National Civilian Community Corps and leaders of Corps units. (Pub. L. 101–610, title I, § 161, formerly § 195J, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530; renumbered § 161 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(F), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1511, Apr. 21, 2009, 123 Stat. 1526.) Editorial Notes CODIFICATION Section was formerly classified to section 12653j of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12621, Pub. L. 101–610, title I, § 165, Nov. 16, 1990, 104 Stat. 3159, related to rural youth serv- ice demonstration project, prior to repeal by Pub. L. 103–82, § 104(a). A prior section 161 of Pub. L. 101–610 was classified to section 12612 of this title prior to repeal by Pub. L. 103–82. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1511(1), substituted ‘‘carry out the National Civilian Community Corps pro- gram’’ for ‘‘perform any program function under this division’’. Subsec. (b)(1)(B). Pub. L. 111–13, § 1511(2)(A), sub- stituted ‘‘section 12622(c)’’ for ‘‘section 12622(a)(3)’’. Subsec. (b)(2). Pub. L. 111–13, § 1511(2)(B), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. 1993—Subsec. (b)(1)(B). Pub. L. 103–82, § 104(e)(2)(F), substituted ‘‘section 12622(a)(3)’’ for ‘‘section 12653k(a)(3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. 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. § 12622. Responsibilities of Department of De- fense (a) Liaison office (1) Establishment Upon the establishment of the Program, the Secretary of Defense shall establish an office to provide for liaison between the Secretary and the National Civilian Community Corps. (2) Duties The office shall provide assistance in the co- ordination of Department of Defense activities with the Corps. (b) Corps cadre (1) List of recommended personnel Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under subsection (a) Page 8363 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12622 1 See References in Text note below. shall develop a list of individuals from which individuals may be selected for appointment by the Director in the permanent cadre of Corps personnel. Such personnel shall be se- lected from among members and former mem- bers of the Armed Forces referred to in section 12611(3) 1 of this title who are commissioned of- ficers, noncommissioned officers, former com- missioned officers, or former noncommis- sioned officers. (2) Recommendations regarding grade and pay The Secretary of Defense shall recommend to the Director an appropriate rate of pay for each person recommended for the cadre pursu- ant to this subsection. (3) Contribution for retired member’s pay If a listed individual receiving retired or re- tainer pay is appointed to a position in the cadre and the rate of pay for that individual is established at the amount equal to the dif- ference between the active duty pay and al- lowances which that individual would receive if ordered to active duty and the amount of the individual’s retired or retainer pay, the Secretary of Defense shall pay, by transfer to the Corporation from amounts available for pay of active duty members of the Armed Forces, the amount equal to 50 percent of that individual’s rate of pay for service in the cadre. (c) Facilities Upon the establishment of the Program, the Secretary of Defense shall identify military in- stallations and other facilities of the Depart- ment of Defense and, in consultation with the adjutant generals of the State National Guards, National Guard facilities that may be used, in whole or in part, by the National Civilian Com- munity Corps for training or housing Corps members. The Secretary of Defense shall carry out this subsection in consultation with the liai- son office established under subsection (a). (d) Information regarding Corps The Secretary of Defense may permit Armed Forces recruiters to inform potential applicants for the Corps regarding service in the Corps as an alternative to service in the Armed Forces. (Pub. L. 101–610, title I, § 162, formerly § 195K, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2531; renumbered § 162 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(G), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L. 103–304, § 3(b)(5)(C), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1512, Apr. 21, 2009, 123 Stat. 1526; Pub. L. 115–232, div. A, title V, § 553(b)(4), Aug. 13, 2018, 132 Stat. 1772.) Editorial Notes REFERENCES IN TEXT Section 12611 of this title, referred to in subsec. (b)(1), was amended generally by Pub. L. 111–13, title I, § 1501, Apr. 21, 2009, 123 Stat. 1521, and section 12611(3) no longer relates to members and former members of the Armed Forces. CODIFICATION Section was formerly classified to section 12653k of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12622, Pub. L. 101–610, title I, § 166, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 102–384, § 8, Oct. 5, 1992, 106 Stat. 1456, related to assistance for Head Start programs, prior to repeal by Pub. L. 103–82, § 104(a). A prior section 162 of Pub. L. 101–610 was classified to section 12613 of this title prior to repeal by Pub. L. 103–82. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–232 substituted ‘‘shall provide’’ for ‘‘shall— ‘‘(A) in order to assist in the recruitment of per- sonnel for appointment in the permanent cadre, make available to the Director information in the registry established by section 1143a of title 10; and ‘‘(B) provide other’’. 2009—Pub. L. 111–13, § 1512(b)(2)–(5)(A), substituted ‘‘Liaison office’’ for ‘‘Secretary of Defense’’ as subsec. (a) heading, struck out par. (1) heading ‘‘Liaison office’’ after subsec. (a) heading, redesignated subpars. (A) and (B) of former subsec. (a)(1) as pars. (1) and (2), respec- tively, of subsec. (a), redesignated cls. (i) and (ii) of former subsec. (a)(1)(B) as subpars. (A) and (B), respec- tively, of subsec. (a)(2), redesignated former pars. (2) to (4) of subsec. (a) as subsecs. (b) to (d), respectively, re- designated former subpars. (A) to (C) of former subsec. (a)(2) as pars. (1) to (3), respectively, of subsec. (b), and realigned margins. Pub. L. 111–13, § 1512(b)(1), substituted ‘‘Department of Defense’’ for ‘‘other departments’’ in section catchline. Subsec. (a)(1). Pub. L. 111–13, § 1512(a)(1)(A), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’ in sub- par. (A) and substituted ‘‘the registry established by section 1143a of title 10;’’ for ‘‘the registry established by section 4462 of the National Defense Authorization Act for Fiscal Year 1993;’’ in subpar. (B)(i). Subsec. (a)(2)(A). Pub. L. 111–13, § 1512(a)(1)(B), sub- stituted ‘‘from which individuals may be selected for appointment by the Director’’ for ‘‘to be recommended for appointment’’. Subsec. (a)(3). Pub. L. 111–13, § 1512(a)(1)(C), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (b). Pub. L. 111–13, § 1512(a)(2), struck out sub- sec. (b). Text read as follows: ‘‘Upon the establishment of the Program, the Secretary of Labor shall identify and assist in establishing a system for the recruitment of persons to serve as members of the Civilian Commu- nity Corps. In carrying out this subsection, the Sec- retary of Labor may utilize the Employment Service Agency or the Office of Job Training.’’ Subsec. (b)(1). Pub. L. 111–13, § 1512(b)(5)(B), sub- stituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Subsec. (b)(2). Pub. L. 111–13, § 1512(b)(5)(C), sub- stituted ‘‘subsection’’ for ‘‘paragraph’’. Subsec. (c). Pub. L. 111–13, § 1512(b)(6), substituted ‘‘this subsection’’ for ‘‘this paragraph’’ and ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. 1994—Subsec. (a)(1)(B)(ii). Pub. L. 103–304, which di- rected the substitution of ‘‘section 1143a of title 10’’ for ‘‘section 4462 of the National Defense Authorization Act for Fiscal Year 1993’’, could not be executed be- cause ‘‘section 4462 of the National Defense Authoriza- tion Act for Fiscal Year 1993’’ did not appear in cl. (ii). 1993—Subsec. (a)(2)(A). Pub. L. 103–82, § 104(e)(2)(G), substituted ‘‘section 12611(3)’’ for ‘‘section 12653(3)’’. Subsec. (a)(2)(C). Pub. L. 103–82, § 402(b)(2), substituted ‘‘Corporation’’ for ‘‘Commission on National and Com- munity Service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. Page 8364 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12623 EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 104(b), (e)(2)(G) of 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. Amendment by section 402(b)(2) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. § 12623. Advisory Board (a) Establishment and purpose There shall be established a National Civilian Community Corps Advisory Board to advise the Director concerning the administration of this division and to assist the Corps in responding rapidly and efficiently in times of natural and other disasters. The Advisory Board members shall help coordinate activities with the Corps as appropriate, including the mobilization of volunteers and coordination of volunteer centers to help local communities recover from the ef- fects of natural and other disasters. (b) Membership The Advisory Board shall be composed of the following members: (1) The Secretary of Labor. (2) The Secretary of Defense. (3) The Secretary of the Interior. (4) The Secretary of Agriculture. (5) The Secretary of Education. (6) The Secretary of Housing and Urban De- velopment. (7) The Chief of the National Guard Bureau. (8) The Administrator of the Federal Emer- gency Management Agency. (9) The Secretary of Transportation. (10) The Chief of the Forest Service. (11) The Administrator of the Environmental Protection Agency. (12) The Secretary of Energy. (13) Individuals appointed by the Director from among persons who are broadly rep- resentative of educational institutions, vol- untary organizations, public and private orga- nizations, youth, and labor unions. (14) The Chief Executive Officer. (c) Inapplicability of termination requirement Section 1013 of title 5 shall not apply to the Advisory Board. (Pub. L. 101–610, title I, § 163, formerly § 195L, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 163 and amended Pub. L. 103–82, title I, § 104(b), title IV, §§ 402(b)(3), 403(b), Sept. 21, 1993, 107 Stat. 840, 919, 920; Pub. L. 111–13, title I, § 1513, Apr. 21, 2009, 123 Stat. 1527; Pub. L. 117–286, § 4(a)(274), Dec. 27, 2022, 136 Stat. 4336.) Editorial Notes CODIFICATION Section was formerly classified to section 12653l of this title prior to renumbering by Pub. L. 103–82. PRIOR PROVISIONS A prior section 12623, Pub. L. 101–610, title I, § 167, Nov. 16, 1990, 104 Stat. 3159, related to employer-based retiree volunteer programs, prior to repeal by Pub. L. 103–82, title I, § 104(a), Sept. 21, 1993, 107 Stat. 840. A prior section 163 of Pub. L. 101–610 was classified to section 12614 of this title prior to repeal by Pub. L. 103–82. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)’’. 2009—Subsec. (a). Pub. L. 111–13, § 1513(1), substituted ‘‘There shall be’’ for ‘‘Upon the establishment of the Program, there shall also be’’, inserted ‘‘National’’ be- fore ‘‘Civilian Community Corps Advisory Board’’, and substituted ‘‘to assist the Corps in responding rapidly and efficiently in times of natural and other disasters. The Advisory Board members shall help coordinate ac- tivities with the Corps as appropriate, including the mobilization of volunteers and coordination of volun- teer centers to help local communities recover from the effects of natural and other disasters.’’ for ‘‘to as- sist in the development and administration of the Corps.’’ Subsec. (b)(8) to (12). Pub. L. 111–13, § 1513(2)(B), added pars. (8) to (12). Former pars. (8) and (9) redesignated (13) and (14), respectively. Subsec. (b)(13). Pub. L. 111–13, § 1513(2)(A), (C), redesig- nated par. (8) as (13) and substituted ‘‘public and pri- vate organizations,’’ for ‘‘industry,’’. Subsec. (b)(14). Pub. L. 111–13, § 1513(2)(A), redesig- nated par. (9) as (14). 1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted ‘‘Director’’ for ‘‘Director of the Civilian Community Corps’’. Subsec. (b)(9). Pub. L. 103–82, § 402(b)(3), substituted ‘‘Chief Executive Officer’’ for ‘‘Chair of the Commission on National and Community Service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 402(b)(3) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. § 12624. Evaluations Pursuant to the provisions for evaluations conducted under section 12639 of this title, and in particular subsection (g) of such section, the Corporation shall conduct periodic evaluations of the National Civilian Community Corps Pro- gram authorized under this division. Upon com- pleting each such evaluation, the Corporation shall transmit to the authorizing committees a report on the evaluation. (Pub. L. 101–610, title I, § 164, formerly § 195M, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2532; renumbered § 164 and amended Pub. L. 103–82, title I, § 104(b), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 919; Pub. L. 111–13, title I, § 1514, Apr. 21, 2009, 123 Stat. 1528.) Editorial Notes CODIFICATION Section was formerly classified to section 12653m of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 164 of Pub. L. 101–610 was classified to section 12615 of this title prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Pub. L. 111–13 in section catchline substituted ‘‘Evaluations’’ for ‘‘Annual evaluation’’ and in text