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Title 42 — The Public Health and WelfareRelease 119-73

§12655n Federal and State employee status

Title 42 › Chapter CHAPTER 129— - NATIONAL AND COMMUNITY SERVICE › Subchapter SUBCHAPTER I— - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM › § 12655n

Last updated Apr 6, 2026|Official source

Summary

Participants and crew leaders must answer to the agency running the program they work on. Normally they are not federal employees and are not covered by most federal employment laws. There are three important exceptions. For federal workers’ compensation (subchapter I of chapter 81 of Title 5), participants and crew leaders are treated as U.S. employees, but acts while away from their assigned post do not count as on-duty unless the agency has authorized and supervised the activity (including approved passes or travel), and disability pay does not start until the day after their employment ends. For tort claims (chapter 171 of Title 28), youth corps members placed under grants to the Secretary of Agriculture, the Secretary of the Interior, or the Director of ACTION are treated as government employees. For housing allowance rules (section 5911 of Title 5), they are treated as employees as defined there. Contracts and assistance depend on available appropriations, and the funds may only pay for activities that are extra to what would happen in the area without them.

Full Legal Text

Title 42, §12655n

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

(a)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)(1)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)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 11 So in original. Probably should be “provisions”. of that subchapter shall apply, except—
(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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12655n

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73