§12620 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Members of the National Civilian Community Corps are usually not treated as federal employees and are not covered by federal employment laws, unless another rule in this section says otherwise. They are treated as federal employees for workers’ compensation under subchapter I of chapter 81 of title 5 (the word “employee” as in section 8101 applies). Time away from their assigned post is not counted as working unless the Director’s rules allow it. They are also treated as federal employees for tort claims under chapter 171 of title 28.

Title 42, §12620

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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 Federal employment.

(b)(1)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)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 person’s assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director.

(c)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 12653i of this title prior to renumbering by Pub. L. 103–82, § 104(b).

Prior Provisions

A prior section 160 of Pub. L. 101–610 was classified to section 12611 of this title prior to repeal by Pub. L. 103–82, § 104(a).

Amendments

2009—Subsec. (a). Pub. L. 111–13 inserted “National” before “Civilian Community Corps”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment 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.

§12620 Status of Corps members and Corps personnel under Federal law