42 U.S.C. § 12619 — Administrative provisions

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 Page 8361 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12620 or retainer pay by reason of the member being paid as a member of the cadre. (4) Voluntary services Notwithstanding any other provision of law, the Director may accept the voluntary serv- ices of individuals. While away from their homes or regular places of business on the business of the Corps, such individuals may be allowed travel expenses, including per diem in lieu of subsistence, in the same amounts and to the same extent, as authorized under sec- tion 5703 of title 5 for persons employed inter- mittently in Federal Government service. (Pub. L. 101–610, title I, § 159, formerly § 195H, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2528; renumbered § 159 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(E), title IV, §§ 402(b)(1), 403(a)(1)–(3), (b), Sept. 21, 1993, 107 Stat. 840, 847, 918–920; Pub. L. 103–304, § 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 103–337, div. A, title VI, § 640, Oct. 5, 1994, 108 Stat. 2791; Pub. L. 111–13, title I, § 1509, Apr. 21, 2009, 123 Stat. 1525; Pub. L. 115–232, div. A, title V, § 553(b)(3), Aug. 13, 2018, 132 Stat. 1772.) Editorial Notes REFERENCES IN TEXT Section 4403 of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (c)(2)(D), is section 4403 of Pub. L. 102–484 which is set out as a note under section 1293 of Title 10, Armed Forces. Section 5532 of title 5, referred to in subsec. (c)(3), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664. CODIFICATION Section was formerly classified to section 12653h of this title prior to renumbering by Pub. L. 103–82, § 104(b). AMENDMENTS 2018—Subsec. (c)(2)(D). Pub. L. 115–232 struck out ‘‘and as employment with a public service or commu- nity service organization for purposes of section 4464 of that Act’’ before period at end. 2009—Subsec. (a). Pub. L. 111–13, § 1509(1)(A), sub- stituted ‘‘National Civilian Community Corps Pro- gram’’ for ‘‘Civilian Community Corps Demonstration Program’’ in introductory provisions. Subsec. (a)(1). Pub. L. 111–13, § 1509(1)(B), inserted ‘‘in- cluding those’’ before ‘‘recommended’’ and ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (b)(1). Pub. L. 111–13, § 1509(2), inserted ‘‘Na- tional’’ before ‘‘Civilian Community Corps’’. Subsec. (c)(1)(B)(i). Pub. L. 111–13, § 1509(3)(A), in- serted ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (c)(2)(A). Pub. L. 111–13, § 1509(3)(B)(i), sub- stituted ‘‘The Chief Executive Officer shall establish a permanent cadre that includes the Director and other appointed’’ for ‘‘The Director shall establish a perma- nent cadre of’’ and inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Subsec. (c)(2)(B). Pub. L. 111–13, § 1509(3)(B)(ii), sub- stituted ‘‘The Chief Executive Officer shall consider the recommendations of the Director in appointing the other members’’ for ‘‘The Director shall appoint the members’’. Subsec. (c)(2)(C). Pub. L. 111–13, § 1509(3)(B)(iii)(I), sub- stituted ‘‘the Chief Executive Officer’’ for ‘‘the Direc- tor’’ in introductory provisions. Subsec. (c)(2)(C)(i). Pub. L. 111–13, § 1509(3)(B)(iii)(II), substituted ‘‘section 12622(b)’’ for ‘‘section 12622(a)(2)’’. Subsec. (c)(2)(C)(iv), (v). Pub. L. 111–13, § 1509(3)(B)(iii)(III)–(V), added cl. (iv) and redesignated former cl. (iv) as (v). Subsec. (c)(2)(E). Pub. L. 111–13, § 1509(3)(B)(iv), sub- stituted ‘‘to other members’’ for ‘‘to members’’, in- serted ‘‘, including techniques for working with and en- hancing the development of disadvantaged youth,’’ after ‘‘techniques’’, and substituted ‘‘service-learning’’ for ‘‘service learning’’. Subsec. (c)(3). Pub. L. 111–13, § 1509(3)(C), substituted ‘‘other members’’ for ‘‘the members’’ and ‘‘12622(b)(1)’’ for ‘‘section 12622(a)(2)(A)’’. 1994—Subsec. (c)(2)(C)(i). Pub. L. 103–304 substituted ‘‘section 12622(a)(2)’’ for ‘‘section section 12622(a)(2)’’. Subsec. (c)(3). Pub. L. 103–337 inserted at end ‘‘In the case of a member of the permanent cadre who was rec- ommended for appointment in accordance with section 12622(a)(2)(A) of this title and is entitled to retired or retainer pay, section 5532 of title 5 shall not apply to reduce the member’s retired or retainer pay by reason of the member being paid as a member of the cadre.’’ 1993—Subsec. (a). Pub. L. 103–82, § 403(a)(1)(A), (B), substituted ‘‘Supervision’’ for ‘‘Board’’ in heading and ‘‘The Chief Executive Officer shall monitor’’ for ‘‘The Board shall monitor’’ and ‘‘the Chief Executive Officer shall—’’ for ‘‘the Board shall—’’ in introductory provi- sions. Pub. L. 103–82, § 104(e)(2)(E)(i)(I), substituted ‘‘section 12612’’ for ‘‘section 12653a’’ in introductory provisions. Subsec. (a)(1). Pub. L. 103–82, § 403(a)(1)(B), (C), sub- stituted ‘‘by the Board’’ for ‘‘by the Director’’ and ‘‘as the Chief Executive Officer’’ for ‘‘as the Board’’. Subsec. (a)(2). Pub. L. 103–82, § 104(e)(2)(E)(i)(II), sub- stituted ‘‘section 12611’’ for ‘‘section 12653’’. Subsec. (b). Pub. L. 103–82, § 403(a)(2), substituted ‘‘Monitoring and coordination’’ for ‘‘Executive Direc- tor’’ in heading and ‘‘The Chief Executive Officer shall’’ for ‘‘The Executive Director of the Commission on Na- tional and Community Service shall’’ in introductory provisions. Subsec. (b)(2). Pub. L. 103–82, § 402(b)(1), substituted ‘‘by the Corporation’’ for ‘‘by the Commission’’. Subsec. (c)(1)(A). Pub. L. 103–82, § 403(a)(3)(A), (b), sub- stituted ‘‘the Chief Executive Officer shall appoint a Director’’ for ‘‘the Board, in consultation with the Ex- ecutive Director, shall appoint a Director of the Civil- ian Community Corps’’. Subsec. (c)(1)(B)(iii). Pub. L. 103–82, § 403(a)(3)(B), sub- stituted ‘‘the Chief Executive Officer’’ for ‘‘the Board through the Executive Director’’. Subsec. (c)(2)(C)(i). Pub. L. 103–82, § 104(e)(2)(E)(ii), substituted ‘‘section 12622(a)(2)’’ for ‘‘12653k(a)(2)’’. 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)(E) 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)(1) 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. § 12620. Status of Corps members and Corps per- sonnel under Federal law (a) In general Except as otherwise provided in this section, members of the National Civilian Community Corps shall not, by reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Fed- eral employment. (b) Work-related injuries (1) In general For purposes of subchapter I of chapter 81 of title 5 relating to the compensation of Federal