Division E - Civilian Community Corps

42 USC 12611 - Purpose

It is the purpose of this division to authorize the establishment of a Civilian Community Corps to provide a basis for determining
(1) whether residential service programs administered by the Federal Government can significantly increase the support for national service and community service by the people of the United States;
(2) whether such programs can expand the opportunities for willing young men and women to perform meaningful, direct, and consequential acts of community service in a manner that will enhance their own skills while contributing to their understanding of civic responsibility in the United States;
(3) whether retired members and former members of the Armed Forces of the United States, members and former members of the Armed Forces discharged or released from active duty in connection with reduced Department of Defense spending, members and former members of the Armed Forces discharged or transferred from the Selected Reserve of the Ready Reserve in connection with reduced Department of Defense spending, and other members of the Armed Forces not on active duty and not actively participating in a reserve component of the Armed Forces can provide guidance and training under such programs that contribute meaningfully to the encouragement of national and community service; and
(4) whether domestic national service programs can serve as a substitute for the traditional option of military service in the Armed Forces of the United States which, in times of reductions in the size of the Armed Forces, is a diminishing national service opportunity for young Americans.

42 USC 12612 - Establishment of Civilian Community Corps Demonstration Program

(a) In general 
The Corporation may establish the Civilian Community Corps Demonstration Program to carry out the purpose of this division.
(b) Program components 
Under the Civilian Community Corps Demonstration Program authorized by subsection (a) of this section, the members of a Civilian Community Corps shall receive training and perform service in at least one of the following two program components:
(1) A national service program.
(2) A summer national service program.
(c) Residential programs 
Both program components are residential programs. The members of the Corps in each program shall reside with other members of the Corps in Corps housing during the periods of the members agreed service.

42 USC 12613 - National service program

(a) In general 
Under the national service program component of the Civilian Community Corps Demonstration Program authorized by section 12612 (a) of this title, eligible young people shall work in teams on Civilian Community Corps projects.
(b) Eligible participants 
A person shall be eligible for selection for the national service program if the person
(1) is at least 16 and not more than 24 years of age; and
(2) is a high school graduate or has not received a high school diploma or its equivalent.
(c) Diverse backgrounds of participants 
In selecting persons for the national service program, the Director shall endeavor to ensure that participants are from economically, geographically, and ethnically diverse backgrounds.
(d) Necessary participants 
To the extent practicable, at least 50 percent of the participants in the national service program shall be economically disadvantaged youths.
(e) 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.

42 USC 12614 - Summer national service program

(a) In general 
Under the summer national service program of the Civilian Community Corps Demonstration Program 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 Civilian Community Corps projects.
(b) Necessary participants 
To the extent practicable, at least 50 percent of the participants in the summer national service program shall be economically disadvantaged youths.
(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.

42 USC 12615 - Civilian Community Corps

(a) Director 
Upon the establishment of the Civilian Community Corps Demonstration Program, the Civilian Community Corps shall be under the direction of the Director appointed pursuant to section 12619 (c)(1) of this title.
(b) Membership in Civilian Community Corps 

(1) Participants to be members 
Persons selected to participate in the national service program or the summer national service program components of the Program shall become members of the Civilian Community Corps.
(2) Selection of members 
The Director or the Directors 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 Director shall require. At a minimum, the application shall contain information about the work experience of the applicant and sufficient information to enable the Director, or the superintendent of the appropriate camp, to determine whether selection of the applicant for membership in the Corps is appropriate.
(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 accompany the unit throughout the period of agreed service of the members of the unit.
(d) Camps 

(1) Units to be assigned to camps 
The units of the Corps shall be grouped together as appropriate in camps for operational, support, and boarding purposes. The Corps camp for a unit shall be in a facility or central location established as the operational headquarters and boarding place for the unit. Corps members may be housed in the camps.
(2) Camp superintendent 
There shall be a superintendent for each camp. The superintendent is the head of the camp.
(3) Eligible site for camp 
A camp may be located in a facility referred to in section 12622 (a)(3) of this title.
(e) Distribution of units and camps 
The Director shall ensure that the Corps units and camps are distributed in urban areas and rural areas in various regions throughout the United States.
(f) Standards of conduct 

(1) In general 
The superintendent of each camp shall establish and enforce standards of conduct to promote proper moral and disciplinary conditions in the camp.
(2) Sanctions 
Under procedures prescribed by the Director, the superintendent of a camp may
(A) transfer a member of the Corps in that camp to another unit or camp if the superintendent determines that the retention of the member in the members unit or in the superintendents camp will jeopardize the enforcement of the standards or diminish the opportunities of other Corps members in that unit or camp, as the case may be; or
(B) dismiss a member of the Corps from the Corps if the superintendent determines that retention of the member in the Corps will jeopardize the enforcement of the standards 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 Director a determination of a camp superintendent to transfer or dismiss the member. The Director shall provide for expeditious disposition of appeals under this paragraph.

42 USC 12616 - Training

(a) Common curriculum 
Each member of the Civilian Community Corps shall be provided with between three and six weeks of training that includes a comprehensive service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning.
(b) Advanced service training 

(1) National service program 
Members of the Corps participating in the national service program shall receive advanced training in basic, project-specific skills that the members will use in performing their community service projects.
(2) Summer national service program 
Members of the Corps participating in the summer national service program shall not receive advanced training referred to in paragraph (1) but, to the extent practicable, may receive other training.
(c) Training personnel 

(1) In general 
Members of the cadre appointed under section 12619 (c)(2) of this title shall provide the training for the members of the Corps, including, as appropriate, advanced service training and ongoing training throughout the members periods of agreed service.
(2) Coordination with other entities 
Members of the cadre may provide the advanced service training referred to in subsection (b)(1) of this section in coordination with vocational or technical schools, other employment and training providers, existing youth service programs, or other qualified individuals.
(d) Facilities 
The training may be provided at installations and other facilities of the Department of Defense, and at National Guard facilities, identified under section 12622 (a)(3) of this title.

42 USC 12617 - Service projects

(a) Project requirements 
The service projects carried out by the Civilian Community Corps shall
(1) meet an identifiable public need;
(2) emphasize the performance of community service activities that provide meaningful community benefits and opportunities for service learning and skills development;
(3) to the maximum extent practicable, encourage work to be accomplished in teams of diverse individuals working together; and
(4) include continued education and training in various technical fields.
(b) Project proposals 

(1) Development of proposals 

(A) Specific executive departments 
Upon the establishment of the Program, the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Housing and Urban Development shall develop proposals for Corps projects pursuant to guidance which the Director shall prescribe.
(B) Other sources 
Other public and private organizations and agencies, including representatives of local communities in the vicinity of a Corps camp, may develop proposals for projects for a Corps camp. Corps members shall also be encouraged to identify projects for the Corps.
(2) Consultation requirements 
The process for developing project proposals under paragraph (1) shall include consultation with the Corporation, representatives of local communities, and persons involved in other youth service programs.
(c) Project selection, organization, and performance 

(1) Selection 
The superintendent of a Corps camp shall select the projects to be performed by the members of the Corps assigned to the units in that camp. The superintendent shall select projects from among the projects proposed or identified pursuant to subsection (b) of this section.
(2) Innovative local arrangements for project performance 
The Director shall encourage camp superintendents to negotiate with representatives of local communities, to the extent practicable, innovative arrangements for the performance of projects. The arrangements may provide for cost-sharing and the provision by the communities of in-kind support and other support.

42 USC 12618 - Authorized benefits for Corps members

(a) In general 
The Director shall provide for members of the 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 applicable 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 Civilian Community Corps, members may be provided the following benefits:
(1) Allowances for travel expenses, personal expenses, and other expenses.
(2) Quarters.
(3) Subsistence.
(4) Transportation.
(5) Equipment.
(6) Clothing.
(7) Recreational services and supplies.
(8) Other services determined by the Director 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 services.
(e) Post-service benefits 
Upon completion of the agreed period of service with the Corps, a member shall elect to receive the educational assistance under subsection (f) of this section or the cash benefit under subsection (g) of this section.
(f) National service educational awards 
A Corps member who successfully completes a period of agreed service in the Corps may receive the national service educational award described in division D of this subchapter if the Corps member
(1) serves in an approved national service position; and
(2) satisfies the eligibility requirements specified in section 12602 of this title with respect 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 ineligible for the national service educational award described in division D of this subchapter, the Director may provide for the provision of a suitable alternative benefit for the Corps member.
[1] So in original. A closing parenthesis probably should precede the period.

42 USC 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 55321 of title 5 shall not apply to reduce the members retired 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 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.
[1] See References in Text note below.

42 USC 12620 - Status of Corps members and Corps personnel under Federal law

(a) In general 
Except as otherwise provided in this section, members of the 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 Federal 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 employees for work injuries, members of the Corps shall be considered as employees of the United States within the meaning of the term employee, as defined in section 8101 of such title.
(2) Special rule 
In the application of the provisions of subchapter I of chapter 81 of title 5 to a person referred to in paragraph (1), the person shall not be considered to be in the performance of duty while absent from the persons assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director.
(c) Tort claims procedure 
A member of the Corps shall be considered an employee of the United States for purposes of chapter 171 of title 28 relating to tort claims liability and procedure.

42 USC 12621 - Contract and grant authority

(a) Programs 
The Director may, by contract or grant, provide for any public or private organization to perform any program function under this division.
(b) Equipment and facilities 

(1) Federal and National Guard property 
The Director shall enter into agreements, as necessary, with the Secretary of Defense, the Governor of a State, territory or commonwealth, or the commanding general of the District of Columbia National Guard, as the case may be, to utilize
(A) equipment of the Department of Defense and equipment of the National Guard; and
(B) Department of Defense facilities and National Guard facilities identified pursuant to section 12622 (a)(3) of this title.
(2) Other property 
The Director may enter into contracts or agreements for the use of other equipment or facilities to the extent practicable to train and house members of the Civilian Community Corps and leaders of Corps units.

42 USC 12622 - Responsibilities of other departments

(a) Secretary of Defense 

(1) Liaison office 

(A) Establishment 
Upon the establishment of the Program, the Secretary of Defense shall establish an office to provide for liaison between the Secretary and the Civilian Community Corps.
(B) Duties 
The office shall
(i) in order to assist in the recruitment of personnel for appointment in the permanent cadre, make available to the Director information in the registry established by section 1143a of title 10; and
(ii) provide other assistance in the coordination of Department of Defense activities with the Corps.
(2) Corps cadre 

(A) List of recommended personnel 
Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under paragraph (1) shall develop a list of individuals to be recommended for appointment in the permanent cadre of Corps personnel. Such personnel shall be selected from among members and former members of the Armed Forces referred to in section 12611 (3) of this title who are commissioned officers, noncommissioned officers, former commissioned officers, or former noncommissioned officers.
(B) Recommendations regarding grade and pay 
The Secretary of Defense shall recommend to the Director an appropriate rate of pay for each person recommended for the cadre pursuant to this paragraph.
(C) Contribution for retired member’s pay 
If a listed individual receiving retired or retainer pay is appointed to a position in the cadre and the rate of pay for that individual is established at the amount equal to the difference between the active duty pay and allowances which that individual would receive if ordered to active duty and the amount of the individuals retired or retainer pay, the Secretary of Defense shall pay, by transfer to the Corporation from amounts available for pay of active duty members of the Armed Forces, the amount equal to 50 percent of that individuals rate of pay for service in the cadre.
(3) Facilities 
Upon the establishment of the Program, the Secretary of Defense shall identify military installations and other facilities of the Department of Defense and, in consultation with the adjutant generals of the State National Guards, National Guard facilities that may be used, in whole or in part, by the Civilian Community Corps for training or housing Corps members. The Secretary of Defense shall carry out this paragraph in consultation with the liaison office established under paragraph (1).
(4) Information regarding Corps 
The Secretary of Defense may permit Armed Forces recruiters to inform potential applicants for the Corps regarding service in the Corps as an alternative to service in the Armed Forces.
(b) Secretary of Labor 
Upon the establishment of the Program, the Secretary of Labor shall identify and assist in establishing a system for the recruitment of persons to serve as members of the Civilian Community Corps. In carrying out this subsection, the Secretary of Labor may utilize the Employment Service Agency or the Office of Job Training.

42 USC 12623 - Advisory Board

(a) Establishment and purpose 
Upon the establishment of the Program, there shall also be established a Civilian Community Corps Advisory Board to advise the Director concerning the administration of this division and to assist in the development and administration of the Corps.
(b) Membership 
The Advisory Board shall be composed of the following members:
(1) The Secretary of Labor.
(2) The Secretary of Defense.
(3) The Secretary of the Interior.
(4) The Secretary of Agriculture.
(5) The Secretary of Education.
(6) The Secretary of Housing and Urban Development.
(7) The Chief of the National Guard Bureau.
(8) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, voluntary organizations, industry, youth, and labor unions.
(9) The Chief Executive Officer.
(c) Inapplicability of termination requirement 
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.

42 USC 12624 - Annual evaluation

Pursuant to the provisions for evaluations conducted under section 12639 of this title, and in particular subsection (g) of such section, the Corporation shall conduct an annual evaluation of the Civilian Community Corps programs authorized under this division.

42 USC 12625 - Funding limitation

The Corporation, in consultation with the Director, shall ensure that no amounts appropriated under section 12681 of this title are utilized to carry out this division.

42 USC 12626 - Definitions

In this division:
(1) Board 
The term Board means the Board of Directors of the Corporation.
(2) Corps 
The terms Civilian Community Corps and Corps mean the Civilian Community Corps required under section 12615 of this title as part of the Civilian Community Corps Demonstration Program.
(3) Corps camp 
The term Corps camp means the facility or central location established as the operational headquarters and boarding place for particular Corps units.
(4) Corps members 
The term Corps members means persons receiving training and participating in projects under the Civilian Community Corps Demonstration Program.
(5) Director 
The term Director means the Director of the Civilian Community Corps.
(6) Institution of higher education 
The term institution of higher education has the meaning given that term in section 1001 of title 20.
(7) Program 
The terms Civilian Community Corps Demonstration Program and Program mean the Civilian Community Corps Demonstration Program established pursuant to section 12612 of this title.
(8) Service learning 
The term service learning, with respect to Corps members, means a method
(A) under which Corps members learn and develop through active participation in thoughtfully organized service experiences that meet actual community needs;
(B) that provides structured time for a Corps member to think, talk, or write about what the Corps member did and saw during an actual service activity;
(C) that provides Corps members with opportunities to use newly acquired skills and knowledge in real life situations in their own communities; and
(D) that helps to foster the development of a sense of caring for others, good citizenship, and civic responsibility.
(9) Superintendent 
The term superintendent, with respect to a Corps camp, means the head of the camp under section 12615 (d) of this title.
(10) Unit 
The term unit means a unit of the Corps referred to in section 12615 (c) of this title.