42 U.S.C. § 12620: Status of Corps members and…

Summary

Members of the National Civilian Community Corps are not, just because they are members, federal employees. They are not covered by most federal employment rules. Two exceptions apply. For federal workers’ compensation (subchapter I of chapter 81, title 5), Corps members are treated as employees of the United States. A member is not on duty when away from their assigned post unless the Director allows that absence under the Director’s procedures. For tort claims (chapter 171 of title 28), Corps members are also treated as U.S. employees.

Title 42, §12620

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

(a)In general

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)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 person’s 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.

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