
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: 42USC12655n]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
        Division I--American Conservation and Youth Service Corps
 
Sec. 12655n. Federal and State employee status


(a) In general

    Participants and crew leaders shall be responsible to, or be the 
responsibility of, the program agency administering the program on which 
such participants, crew leaders, and volunteers work.

(b) Non-Federal employees

                           (1) In general

        Except as otherwise provided in this subsection, a participant 
    or crew leader in a program that receives assistance under this 
    division shall not be considered a Federal employee and shall not be 
    subject to the provisions of law relating to Federal employment.

                       (2) Work-related injury

        For purposes of subchapter I of chapter 81 of title 5, relating 
    to the compensation of Federal employees for work injuries, a 
    participant or crew leader serving in a program that receives 
    assistance under this division shall be considered an employee of 
    the United States within the meaning of the term ``employee'' as 
    defined in section 8101 of title 5 and the provision \1\ of that 
    subchapter shall apply, except--
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    \1\ So in original. Probably should be ``provisions''.
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            (A) the term ``performance of duty'', as used in such 
        subchapter, shall not include an act of a participant or crew 
        leader while absent from the assigned post of duty of such 
        participant or crew leader, except while participating in an 
        activity authorized by or under the direction and supervision of 
        a program agency (including an activity while on pass or during 
        travel to or from such post of duty); and
            (B) compensation for disability shall not begin to accrue 
        until the day following the date that the employment of the 
        injured participant or crew leader is terminated.

                      (3) Tort claims procedure

        For purposes of chapter 171 of title 28, relating to tort claims 
    procedure, a participant or crew leaders assigned to a youth corps 
    program for which a grant has been made to the Secretary of 
    Agriculture, Secretary of the Interior, or the Director of ACTION, 
    shall be considered an employee of the United States within the 
    meaning of the term ``employee of the government'' as defined in 
    section 2671 of such title.

                     (4) Allowance for quarters

        For purposes of section 5911 of title 5, relating to allowances 
    for quarters, a participant or crew leader shall be considered an 
    employee of the United States within the meaning of the term 
    ``employee'' as defined in paragraph (3) of subsection (a) of such 
    section.

(c) Availability of appropriation

    Contract authority under this division shall be subject to the 
availability of appropriations. Assistance made available under this 
division shall only be used for activities that are in addition to those 
which would otherwise be carried out in the area in the absence of such 
funds.

(Pub. L. 101-610, title I, Sec. 199M, formerly Sec. 135, Nov. 16, 1990, 
104 Stat. 3149; renumbered Sec. 199O, renumbered Sec. 199M, Pub. L. 103-
82, title I, Sec. 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816, 
as amended Pub. L. 103-304, Sec. 3(b)(1), Aug. 23, 1994, 108 Stat. 
1567.)

                          Codification

    Section was formerly classified to section 12555 of this title prior 
to renumbering by Pub. L. 103-82, Sec. 101(a).


                               Amendments

    1994--Pub. L. 103-304 amended directory language of Pub. L. 103-82, 
Sec. 101(a)(3), which renumbered section 135 of Pub. L. 101-610 as 
section 199O.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see 
section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under section 
4953 of this title.

                          Transfer of Functions

    For transfer of functions of Director of ACTION Agency (including 
all related functions of any officer or employee of ACTION Agency) to 
Corporation for National and Community Service, and effective date of 
such transfer, see section 203(c), (d) of Pub. L. 103-82, set out as a 
note under section 12651 of this title.
