
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12619]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division E--Civilian Community Corps
 
Sec. 12619. Administrative provisions


(a) Supervision

    The Chief Executive Officer shall monitor and supervise the 
administration of the Civilian Community Corps Demonstration 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, recommended by the Board, for the 
    design, selection of members, and operation of the Civilian 
    Community Corps as the Chief Executive Officer considers 
    appropriate;
        (2) evaluate the progress of the Corps in providing 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 Civilian Community 
    Corps;
        (2) coordinate the activities of the Corps with other youth 
    service programs administered 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 Civilian 
            Community Corps programs;
                (ii) be responsible for managing the daily operations of 
            the Corps; and
                (iii) report to the Chief Executive Officer.

        (C) Authority to employ staff

            The Director may employ such staff as is necessary to carry 
        out this division. The Director shall, to the maximum extent 
        practicable, utilize in staff positions personnel who are 
        detailed from departments and agencies of the Federal Government 
        and, to the extent the Director considers appropriate, shall 
        request and accept detail of personnel from such departments and 
        agencies in order to do so.

                         (2) Permanent cadre

        (A) Establishment

            The Director shall establish a permanent cadre of 
        supervisors and training instructors for Civilian Community 
        Corps programs.

        (B) Appointment

            The Director shall appoint the members of the permanent 
        cadre.

        (C) Employment considerations

            In appointing individuals to cadre positions, the Director 
        shall--
                (i) give consideration to retired, discharged, and other 
            inactive members and former members of the Armed Forces 
            recommended under section 12622(a)(2) 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; and
                (iv) 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 opportunity for purposes of section 4403 of 
        the National Defense Authorization Act for Fiscal Year 1993 and 
        as employment with a public service or community service 
        organization for purposes of section 4464 of that Act.

        (E) Training

            The Director shall provide to members of the permanent cadre 
        appropriate training in youth development techniques 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, the members of the permanent cadre, and the other 
    staff personnel shall be appointed without regard to the provisions 
    of title 5 governing appointments in the competitive service. The 
    rates of pay of such persons 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 member of the permanent cadre who was 
    recommended for appointment in accordance with section 
    12622(a)(2)(A) of this title and is entitled to retired or retainer 
    pay, section 5532 \1\ 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.
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    \1\ See References in Text note below.
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                       (4) Voluntary services

        Notwithstanding any other provision of law, the Director may 
    accept the voluntary services 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 section 5703 of title 5 for persons employed 
    intermittently in Federal Government service.

(Pub. L. 101-610, title I, Sec. 159, formerly Sec. 195H, as added Pub. 
L. 102-484, div. A, title X, Sec. 1092(a)(1), Oct. 23, 1992, 106 Stat. 
2528; renumbered Sec. 159 and amended Pub. L. 103-82, title I, 
Sec. 104(b), (e)(2)(E), title IV, Secs. 402(b)(1), 403(a)(1)-(3), (b), 
Sept. 21, 1993, 107 Stat. 840, 847, 918-920; Pub. L. 103-304, 
Sec. 3(b)(5)(B), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 103-337, div. A, 
title VI, Sec. 640, Oct. 5, 1994, 108 Stat. 2791.)

                       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 4464 of that Act, referred to in subsec. (c)(2)(D), is 
section 4464 of Pub. L. 102-484 which is set out as a note under section 
1143a of Title 10.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (c)(3), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.
    Section 5532 of title 5, referred to in subsec. (c)(3), was repealed 
by Pub. L. 106-65, div. A, title VI, Sec. 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, Sec. 104(b).


                               Amendments

    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 recommended 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, Sec. 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 provisions.
    Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(I), substituted ``section 
12612'' for ``section 12653a'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 103-82, Sec. 403(a)(1)(B), (C), substituted 
``by the Board'' for ``by the Director'' and ``as the Chief Executive 
Officer'' for ``as the Board''.
    Subsec. (a)(2). Pub. L. 103-82, Sec. 104(e)(2)(E)(i)(II), 
substituted ``section 12611'' for ``section 12653''.
    Subsec. (b). Pub. L. 103-82, Sec. 403(a)(2), substituted 
``Monitoring and coordination'' for ``Executive Director'' in heading 
and ``The Chief Executive Officer shall'' for ``The Executive Director 
of the Commission on National and Community Service shall'' in 
introductory provisions.
    Subsec. (b)(2). Pub. L. 103-82, Sec. 402(b)(1), substituted ``by the 
Corporation'' for ``by the Commission''.
    Subsec. (c)(1)(A). Pub. L. 103-82, Sec. 403(a)(3)(A), (b), 
substituted ``the Chief Executive Officer shall appoint a Director'' for 
``the Board, in consultation with the Executive Director, shall appoint 
a Director of the Civilian Community Corps''.
    Subsec. (c)(1)(B)(iii). Pub. L. 103-82, Sec. 403(a)(3)(B), 
substituted ``the Chief Executive Officer'' for ``the Board through the 
Executive Director''.
    Subsec. (c)(2)(C)(i). Pub. L. 103-82, Sec. 104(e)(2)(E)(ii), 
substituted ``section 12622(a)(2)'' for ``12653k(a)(2)''.


                    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 effective Oct. 1, 
1993, see section 406(a) of Pub. L. 103-82, set out as a note under 
section 5061 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12615, 12616 of this title.
