42 U.S.C. § 12618 — Authorized benefits for Corps members

Page 8359 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12618 1 So in original. A closing parenthesis probably should precede the period. Subsec. (a)(2). Pub. L. 111–13, § 1507(1)(C), substituted ‘‘service-learning’’ for ‘‘service learning’’. Subsec. (b)(1)(A). Pub. L. 111–13, § 1507(2)(A)(i), sub- stituted ‘‘the Secretary of Housing and Urban Develop- ment, the Administrator of the Environmental Protec- tion Agency, the Administrator of the Federal Emer- gency Management Agency, the Secretary of Energy, the Secretary of Transportation, and the Chief of the Forest Service’’ for ‘‘and the Secretary of Housing and Urban Development’’. Subsec. (b)(1)(B). Pub. L. 111–13, § 1507(2)(A)(ii), in- serted ‘‘community-based entities and’’ before ‘‘rep- resentatives of local communities’’ and substituted ‘‘campus’’ for ‘‘camp’’ in two places. Subsec. (b)(2). Pub. L. 111–13, § 1507(2)(B), inserted ‘‘State Commissions,’’ before ‘‘and persons involved in other youth service programs.’’ Subsec. (c)(1). Pub. L. 111–13, § 1507(3)(A), substituted ‘‘campus director of a Corps campus’’ for ‘‘super- intendent of a Corps camp’’ and ‘‘campus. The campus director’’ for ‘‘camp. The superintendent’’. Subsec. (c)(2). Pub. L. 111–13, § 1507(3)(B), substituted ‘‘campus directors’’ for ‘‘camp superintendents’’. 1993—Subsec. (b)(1)(A). Pub. L. 103–82, § 403(b), sub- stituted ‘‘Director’’ for ‘‘Director of the Civilian Com- munity Corps’’. Subsec. (b)(2). 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. EFFECTIVE DATE OF 1993 AMENDMENT 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. § 12618. Authorized benefits for Corps members (a) In general The Director shall provide for members of the National Civilian Community Corps to receive benefits authorized by this section. (b) Living allowance The Director shall provide a living allowance to members of the Corps for the period during which such members are engaged in training or any activity on a Corps project. The Director shall establish the amount of the allowance at any amount not in excess of the amount equal to 100 percent of the poverty line that is applica- ble to a family of two (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of this title.1 (c) Other authorized benefits While receiving training or engaging in service projects as members of the National Civilian Community Corps, members may be provided the following benefits, as the Director deter- mines appropriate: (1) Allowances for travel expenses, personal expenses, and other expenses. (2) Quarters. (3) Subsistence. (4) Transportation. (5) Equipment. (6) Uniforms. (7) Supplies. (8) Other services determined by the Direc- tor to be consistent with the purposes of the Program. (d) Supportive services As the Director determines appropriate, the Director may provide each member of the Corps with health care services, child care services, counseling services, and other supportive serv- ices. (e) Post-service benefits Upon completion of the agreed period of serv- ice with the Corps, a member shall elect to re- ceive the educational assistance under sub- section (f) or the cash benefit under subsection (g). (f) National service educational awards A Corps member who successfully completes a period of agreed service in the Corps may re- ceive the national service educational award de- scribed in division D if the Corps member— (1) serves in an approved national service po- sition; and (2) satisfies the eligibility requirements specified in section 12602 of this title with re- spect to service in that approved national service position. (g) Alternative benefit If a Corps member who successfully completes a period of agreed service in the Corps is ineli- gible for the national service educational award described in division D, the Director may pro- vide for the provision of a suitable alternative benefit for the Corps member. (Pub. L. 101–610, title I, § 158, formerly § 195G, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2526; renumbered § 158 and amended Pub. L. 103–82, title I, § 104(b), (g), title IV, § 403(b), Sept. 21, 1993, 107 Stat. 840, 847, 920; Pub. L. 111–13, title I, § 1508, Apr. 21, 2009, 123 Stat. 1525.) Editorial Notes CODIFICATION Section was formerly classified to section 12653g of this title prior to renumbering by Pub. L. 103–82, § 104(b). AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1508(1), inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (c). Pub. L. 111–13, § 1508(2)(A), in introductory provisions, inserted ‘‘National’’ before ‘‘Civilian Com- munity Corps’’ and ‘‘, as the Director determines ap- propriate’’ before colon. Subsec. (c)(6). Pub. L. 111–13, § 1508(2)(B), substituted ‘‘Uniforms’’ for ‘‘Clothing’’. Subsec. (c)(7). Pub. L. 111–13, § 1508(2)(C), substituted ‘‘Supplies’’ for ‘‘Recreational services and supplies’’. 1993—Subsec. (a). Pub. L. 103–82, § 403(b), substituted ‘‘Director’’ for ‘‘Director of the Civilian Community Corps’’. Subsecs. (f) to (h). Pub. L. 103–82, § 104(g), added sub- secs. (f) and (g) and struck out former subsecs. (f) to (h) which related to monetary educational assistance, cash benefit election for Corps members, and other post- service benefits, respectively. Page 8360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12619 1 So in original. Probably should be preceded by ‘‘section’’. 2 See References in Text note below. 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), (g) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conserva- tion. § 12619. Administrative provisions (a) Supervision The Chief Executive Officer shall monitor and supervise the administration of the National Ci- vilian Community Corps Program authorized to be established under section 12612 of this title. In carrying out this section, the Chief Executive Officer shall— (1) approve such guidelines, including those recommended by the Board, for the design, se- lection of members, and operation of the Na- tional Civilian Community Corps as the Chief Executive Officer considers appropriate; (2) evaluate the progress of the Corps in pro- viding a basis for determining the matters set forth in section 12611 of this title; and (3) carry out any other activities determined appropriate by the Board. (b) Monitoring and coordination The Chief Executive Officer shall— (1) monitor the overall operation of the Na- tional Civilian Community Corps; (2) coordinate the activities of the Corps with other youth service programs adminis- tered by the Corporation; and (3) carry out any other activities determined appropriate by the Board. (c) Staff (1) Director (A) Appointment Upon the establishment of the Program, the Chief Executive Officer shall appoint a Director. The Director may be selected from among retired commissioned officers of the Armed Forces of the United States. (B) Duties The Director shall— (i) design, develop, and administer the National Civilian Community Corps pro- grams; (ii) be responsible for managing the daily operations of the Corps; and (iii) report to the Chief Executive Offi- cer. (C) Authority to employ staff The Director may employ such staff as is necessary to carry out this division. The Di- rector shall, to the maximum extent prac- ticable, utilize in staff positions personnel who are detailed from departments and agencies of the Federal Government and, to the extent the Director considers appro- priate, shall request and accept detail of per- sonnel from such departments and agencies in order to do so. (2) Permanent cadre (A) Establishment The Chief Executive Officer shall establish a permanent cadre that includes the Direc- tor and other appointed supervisors and training instructors for National Civilian Community Corps programs. (B) Appointment The Chief Executive Officer shall consider the recommendations of the Director in ap- pointing the other members of the perma- nent cadre. (C) Employment considerations In appointing individuals to cadre posi- tions, the Chief Executive Officer shall— (i) give consideration to retired, dis- charged, and other inactive members and former members of the Armed Forces rec- ommended under section 12622(b) of this title; (ii) give consideration to former VISTA, Peace Corps, and youth service program personnel; (iii) ensure that the cadre is comprised of males and females of diverse ethnic, economic, professional, and geographic backgrounds; (iv) give consideration to retired and other former law enforcement, fire, rescue, and emergency personnel, and other indi- viduals with backgrounds in disaster pre- paredness, relief, and recovery; and (v) consider applicants’ experience in other youth service programs. (D) Community service credit Service as a member of the cadre shall be considered as a community service oppor- tunity for purposes of section 4403 of the Na- tional Defense Authorization Act for Fiscal Year 1993. (E) Training The Director shall provide to other mem- bers of the permanent cadre appropriate training in youth development techniques, including techniques for working with and enhancing the development of disadvantaged youth, and the principles of service-learning. All members of the permanent cadre shall be required to participate in the training. (3) Inapplicability of certain civil service laws The Director, other members of the perma- nent cadre, and the other staff personnel shall be appointed without regard to the provisions of title 5 governing appointments in the com- petitive service. The rates of pay of such per- sons may be established without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. In the case of a mem- ber of the permanent cadre who was rec- ommended for appointment in accordance with 12622(b)(1) 1 of this title and is entitled to retired or retainer pay, section 5532 2 of title 5 shall not apply to reduce the member’s retired