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42 U.S.C. § 12619Administrative provisions

submitted 34 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 738 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Chief Executive Officer supervises the Corps Program and coordinates it with other youth programs. The Director runs daily operations, and a permanent cadre of supervisors and trainers is appointed with diverse backgrounds. Staff are hired outside normal civil service rules, and volunteers can help too.

(a) Supervision. The Chief Executive Officer monitors and supervises the Corps Program set up under section 12612. The Chief Executive Officer must: (1) approve guidelines — including ones the Board recommends — for designing, selecting members for, and running the Corps; (2) evaluate the Corps' progress toward the goals in section 12611; and (3) carry out any other activities the Board decides are appropriate. (b) Monitoring and coordination. The Chief Executive Officer must: (1) monitor how the Corps operates overall; (2) coordinate Corps activities with the Corporation's other youth service programs; and (3) carry out any other activities the Board decides are appropriate. (c) Staff. (1) Director. (A) Once the Program starts, the Chief Executive Officer appoints a Director, who may be a retired commissioned officer of the Armed Forces. (B) The Director must design, develop, and run the Corps programs; manage its day-to-day operations; and report to the Chief Executive Officer. (C) The Director may hire staff needed to run this division, and should, as much as practical, use staff detailed from other federal agencies — requesting and accepting such detailed staff when appropriate. (2) Permanent cadre. (A) The Chief Executive Officer must set up a permanent cadre including the Director and other appointed supervisors and trainers. (B) The Chief Executive Officer considers the Director's recommendations when appointing other cadre members. (C) In choosing cadre members, the Chief Executive Officer must: (i) consider retired, discharged, and other former Armed Forces members recommended under section 12622(b); (ii) consider former VISTA, Peace Corps, and youth-service-program staff; (iii) make sure the cadre includes men and women from diverse ethnic, economic, professional, and geographic backgrounds; (iv) consider retired and former law enforcement, fire, rescue, and emergency personnel, and others experienced in disaster response; and (v) consider applicants' experience in other youth service programs. (D) Serving as cadre counts as community service for purposes of section 4403 of the National Defense Authorization Act for Fiscal Year 1993. (E) The Director must give cadre members training in youth development — including working with disadvantaged youth — and in service-learning. All cadre members must take part in this training. (3) Some civil service laws don't apply. The Director, cadre, and other staff are appointed without following title 5's competitive-service appointment rules. Their pay can be set without following certain title 5 pay-scale rules. If a cadre member recommended under section 12622(b)(1) already gets retired or retainer military pay, that pay won't be reduced because they're also being paid as cadre. (4) Volunteers. No matter what other laws say, the Director may accept volunteer help. While away from home on Corps business, volunteers may get travel expenses, including a daily allowance, on the same terms as people the federal government hires intermittently, under section 5703 of title 5.
the actual law source: uscode.house.gov ↗public domain
(a) Supervision

The Chief Executive Officer shall monitor and supervise the administration of the National Civilian 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, selection of members, and operation of the National 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 National 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 National 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 Chief Executive Officer shall establish a permanent cadre that includes the Director 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 appointing the other members of the permanent cadre.

(C) Employment considerations

In appointing individuals to cadre positions, the Chief Executive Officer shall—

(i)

give consideration to retired, discharged, and other inactive members and former members of the Armed Forces recommended 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 individuals with backgrounds in disaster preparedness, 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 opportunity for purposes of section 4403 of the National Defense Authorization Act for Fiscal Year 1993.

(E) Training

The Director shall provide to other members 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 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 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 101-610 · 106 Stat. 2528
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 840, 847, 918
  • 1994Amended · Pub. L. 103-304 · 108 Stat. 1567
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2791
  • 2009Amended · Pub. L. 111-13 · 123 Stat. 1525
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1772

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1992-10-23.

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