42 U.S.C. § 12615 — National Civilian Community Corps

Page 8355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12615 The Director shall take appropriate steps, in- cluding through outreach and recruitment ac- tivities, to increase the percentage of partici- pants in the program who are disadvantaged youth to 50 percent of all participants by year 2012. The Director shall report to the author- izing committees biennially on such steps, any challenges faced, and the annual participation rates of disadvantaged youth in the program. (d) Period of participation Persons desiring to participate in the national service program shall enter into an agreement with the Director to participate in the Corps for a period of not less than nine months and not more than one year, as specified by the Director, and may renew the agreement for not more than one additional such period. (Pub. L. 101–610, title I, § 153, formerly § 195B, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2523; renumbered § 153 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(A), Sept. 21, 1993, 107 Stat. 840, 846; Pub. L. 111–13, title I, § 1503, Apr. 21, 2009, 123 Stat. 1521.) Editorial Notes CODIFICATION Section was formerly classified to section 12653b of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12613, Pub. L. 101–610, title I, § 162, Nov. 16, 1990, 104 Stat. 3158, related to training program in skills to be employed in Peace Corps or VISTA, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1503(1), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and ‘‘on National Civilian Community Corps’’ for ‘‘on Civilian Community Corps’’. Subsec. (b)(1). Pub. L. 111–13, § 1503(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘is at least 16 and not more than 24 years of age; and’’. Subsec. (c). Pub. L. 111–13, § 1503(3), substituted ‘‘backgrounds’’ for ‘‘backrounds’’ in heading and in- serted at end ‘‘The Director shall take appropriate steps, including through outreach and recruitment ac- tivities, to increase the percentage of participants in the program who are disadvantaged youth to 50 percent of all participants by year 2012. The Director shall re- port to the authorizing committees biennially on such steps, any challenges faced, and the annual participa- tion rates of disadvantaged youth in the program.’’ Subsecs. (d), (e). Pub. L. 111–13, § 1503(4), (5), redesig- nated subsec. (e) as (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: ‘‘To the extent practicable, at least 50 percent of the partici- pants in the national service program shall be economi- cally disadvantaged youths.’’ 1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(A), sub- stituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’. 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. § 12614. Summer national service program (a) In general Under the summer national service program of the National Civilian Community Corps Pro- gram authorized by section 12612(a) of this title, a diverse group of youth aged 14 through 18 years who are from urban or rural areas shall work in teams on National Civilian Community Corps projects. (b) Necessary participants To the extent practicable, at least 50 percent of the participants in the summer national serv- ice program shall be from economically and eth- nically diverse backgrounds, including youth who are in foster care. (c) Seasonal program The training and service of Corps members under the summer national service program in each year shall be conducted after April 30 and before October 1 of that year. (Pub. L. 101–610, title I, § 154, formerly § 195C, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524; renumbered § 154 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(B), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1504, Apr. 21, 2009, 123 Stat. 1522.) Editorial Notes CODIFICATION Section was formerly classified to section 12653c of this title prior to renumbering by Pub. L. 103–82, § 104(b). PRIOR PROVISIONS A prior section 12614, Pub. L. 101–610, title I, § 163, Nov. 16, 1990, 104 Stat. 3158; Pub. L. 102–384, § 7(b), Oct. 5, 1992, 106 Stat. 1456, related to higher education bene- fits for those selected for Peace Corps or VISTA dem- onstration programs, prior to repeal by Pub. L. 103–82, § 104(a). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1504(1), substituted ‘‘National Civilian Community Corps Program’’ for ‘‘Civilian Community Corps Demonstration Program’’ and ‘‘on National Civilian Community Corps’’ for ‘‘on Civilian Community Corps’’. Subsec. (b). Pub. L. 111–13, § 1504(2), substituted ‘‘shall be from economically and ethnically diverse back- grounds, including youth who are in foster care.’’ for ‘‘shall be economically disadvantaged youths.’’ 1993—Subsec. (a). Pub. L. 103–82, § 104(e)(2)(B), sub- stituted ‘‘section 12612(a)’’ for ‘‘section 12653a(a)’’. 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. § 12615. National Civilian Community Corps (a) Director Upon the establishment of the National Civil- ian Community Corps Program, the National Ci- Page 8356 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12615 vilian Community Corps shall be under the di- rection of the Director appointed pursuant to section 12619(c)(1) of this title. (b) Membership in National Civilian Community Corps (1) Participants to be members Persons selected to participate in the na- tional service program or the summer na- tional service program components of the Pro- gram shall become members of the National Civilian Community Corps. (2) Selection of members The Director or the Director’s designee shall select individuals for membership in the Corps. (3) Application for membership To be selected to become a Corps member an individual shall submit an application to the Director or to any other office as the Director may designate, at such time, in such manner, and containing such information as the Direc- tor shall require. At a minimum, the applica- tion shall contain information about the work experience of the applicant and sufficient in- formation to enable the Director, or the cam- pus director of the appropriate campus, to de- termine whether selection of the applicant for membership in the Corps is appropriate. (4) Team leaders (A) In general The Director may select individuals with prior supervisory or service experience to be team leaders within units in the National Civilian Community Corps, to perform serv- ice that includes leading and supervising teams of Corps members. Each team leader shall be selected without regard to the age limitation under section 12613(b) of this title. (B) Rights and benefits A team leader shall be provided the same rights and benefits applicable to other Corps members, except that the Director may in- crease the limitation on the amount of the living allowance under section 12618(b) of this title by not more than 10 percent for a team leader. (c) Organization of Corps into units (1) Units The Corps shall be divided into permanent units. Each Corps member shall be assigned to a unit. (2) Unit leaders The leader of each unit shall be selected from among persons in the permanent cadre established pursuant to section 12619(c)(2) of this title. The designated leader shall accom- pany the unit throughout the period of agreed service of the members of the unit. (d) Campuses (1) Units to be assigned to campuses The units of the Corps shall be grouped to- gether as appropriate in campuses for oper- ational, support, and boarding purposes. The Corps campus for a unit shall be in a facility or central location established as the oper- ational headquarters and boarding place for the unit. Corps members may be housed in the campuses. (2) Campus director There shall be a campus director for each campus. The campus director is the head of the campus. (3) Eligible site for campus A campus shall be cost effective and may, upon the completion of a feasibility study, be located in a facility referred to in section 12622(c) of this title. (e) Distribution of units and campuses The Director shall ensure that the Corps units and campuses are cost effective and are distrib- uted in urban areas and rural areas such that each Corps unit in a region can be easily de- ployed for disaster and emergency response to such region. (f) Standards of conduct (1) In general The campus director of each campus shall establish and enforce standards of conduct to promote proper moral and disciplinary condi- tions in the campus. (2) Sanctions Under procedures prescribed by the Director, the campus director of a campus may— (A) transfer a member of the Corps in that campus to another unit or campus if the campus director determines that the reten- tion of the member in the member’s unit or in the campus director’s campus will jeop- ardize the enforcement of the standards or diminish the opportunities of other Corps members in that unit or campus, as the case may be; or (B) dismiss a member of the Corps from the Corps if the campus director determines that retention of the member in the Corps will jeopardize the enforcement of the stand- ards or diminish the opportunities of other Corps members. (3) Appeals Under procedures prescribed by the Director, a member of the Corps may appeal to the Di- rector a determination of a campus director to transfer or dismiss the member. The Director shall provide for expeditious disposition of ap- peals under this paragraph. (Pub. L. 101–610, title I, § 155, formerly § 195D, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2524; renumbered § 155 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(C), title IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847, 920; Pub. L. 103–304, § 3(b)(5)(A), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1505, Apr. 21, 2009, 123 Stat. 1522.) Editorial Notes CODIFICATION Section was formerly classified to section 12653d of this title prior to renumbering by Pub. L. 103–82, § 104(b). Page 8357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12616 PRIOR PROVISIONS A prior section 12615, Pub. L. 101–610, title I, § 164, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, related to evaluation reports on Peace Corps and VISTA demonstration programs, prior to repeal by Pub. L. 103–82, § 104(a). A prior section 155 of Pub. L. 101–610 was classified to section 12591 of this title prior to repeal by Pub. L. 103–82. AMENDMENTS 2009—Pub. L. 111–13, § 1505(1), amended section catch- line generally. Subsec. (a). Pub. L. 111–13, § 1505(2), substituted ‘‘Na- tional Civilian Community Corps Program’’ for ‘‘Civil- ian Community Corps Demonstration Program’’ and ‘‘the National Civilian Community Corps shall’’ for ‘‘the Civilian Community Corps shall’’. Subsec. (b). Pub. L. 111–13, § 1505(3)(A), amended head- ing generally. Subsec. (b)(1). Pub. L. 111–13, § 1505(3)(B), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (b)(3). Pub. L. 111–13, § 1505(3)(C), substituted ‘‘campus director of the appropriate campus’’ for ‘‘su- perintendent of the appropriate camp’’. Subsec. (b)(4). Pub. L. 111–13, § 1505(3)(D), added par. (4). Subsec. (d). Pub. L. 111–13, § 1505(4)(A), amended head- ing generally. Subsec. (d)(1). Pub. L. 111–13, § 1505(4)(B), amended heading generally and substituted ‘‘in campuses’’ for ‘‘in camps’’, ‘‘Corps campus’’ for ‘‘Corps camp’’, and ‘‘in the campuses’’ for ‘‘in the camps’’. Subsec. (d)(2), (3). Pub. L. 111–13, § 1505(4)(C), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) related to camp superintendents and eligible sites for camps, respectively. Subsec. (e). Pub. L. 111–13, § 1505(5), amended heading generally and substituted ‘‘campuses are cost effective and are distributed’’ for ‘‘camps are distributed’’ and ‘‘rural areas such that each Corps unit in a region can be easily deployed for disaster and emergency response to such region.’’ for ‘‘rural areas in various regions throughout the United States.’’ Subsec. (f)(1). Pub. L. 111–13, § 1505(6)(A), substituted ‘‘campus director’’ for ‘‘superintendent’’ and, in two places, substituted ‘‘campus’’ for ‘‘camp’’. Subsec. (f)(2). Pub. L. 111–13, § 1505(6)(B)(i), sub- stituted ‘‘campus director of a campus’’ for ‘‘super- intendent of a camp’’ in introductory provisions. Subsec. (f)(2)(A). Pub. L. 111–13, § 1505(6)(B)(ii), sub- stituted ‘‘campus to another unit or campus’’ for ‘‘camp to another unit or camp’’, ‘‘campus director’’ for ‘‘superintendent’’, ‘‘campus director’s campus’’ for ‘‘su- perintendent’s camp’’, and ‘‘that unit or campus’’ for ‘‘that unit or camp’’. Subsec. (f)(2)(B). Pub. L. 111–13, § 1505(6)(B)(iii), sub- stituted ‘‘campus director’’ for ‘‘superintendent’’. Subsec. (f)(3). Pub. L. 111–13, § 1505(6)(C), substituted ‘‘campus director’’ for ‘‘camp superintendent’’. 1994—Subsec. (e). Pub. L. 103–304 substituted ‘‘camps’’ for ‘‘Corps’’ in heading. 1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted ‘‘Director’’ for ‘‘Director of the Civilian Community Corps’’. Pub. L. 103–82, § 104(e)(2)(C)(i), substituted ‘‘section 12619(c)(1)’’ for ‘‘section 12653h(c)(1)’’. Subsec. (c)(2). Pub. L. 103–82, § 104(e)(2)(C)(ii), sub- stituted ‘‘section 12619(c)(2)’’ for ‘‘section 12653h(c)(2)’’. Subsec. (d)(3). Pub. L. 103–82, § 104(e)(2)(C)(iii), sub- stituted ‘‘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 section 104(b), (e)(2)(C) 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. § 12616. Training (a) Common curriculum Each member of the National Civilian Commu- nity Corps shall be provided with between three and six weeks of training that includes a com- prehensive service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical condi- tioning. The Director shall ensure that, to the extent practicable, each member of the Corps is trained in CPR, first aid, and other skills re- lated to disaster preparedness and response. (b) Advanced service training (1) National service program Members of the Corps participating in the national service program shall receive ad- vanced training in basic, project-specific skills that the members will use in performing their community service projects, including a focus on energy conservation, environmental stew- ardship or conservation, infrastructure im- provement, urban and rural development, or disaster preparedness needs, as appropriate. (2) Summer national service program Members of the Corps participating in the summer national service program shall not re- ceive advanced training referred to in para- graph (1) but, to the extent practicable, may receive other training. (c) Training personnel (1) In general Members of the cadre appointed under sec- tion 12619(c)(2) of this title shall provide the training for the members of the Corps, includ- ing, as appropriate, advanced service training and ongoing training throughout the mem- bers’ periods of agreed service. (2) Coordination with other entities Members of the cadre may provide, either di- rectly or through grants, contracts, or cooper- ative agreements, the advanced service train- ing referred to in subsection (b)(1) in coordina- tion with vocational or technical schools, other employment and training providers, ex- isting youth service programs, other qualified individuals, or organizations with expertise in training youth, including disadvantaged youth, in the skills described in such sub- section. (d) Facilities The training may be provided at installations and other facilities of the Department of De- fense, and at National Guard facilities, identi- fied under section 12622(c) of this title. (Pub. L. 101–610, title I, § 156, formerly § 195E, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2525; renumbered § 156 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(D), Sept. 21, 1993, 107 Stat. 840, 847; Pub. L. 111–13, title I, § 1506, Apr. 21, 2009, 123 Stat. 1524.)