42 U.S. Code § 12622 - Responsibilities of Department of Defense

(a) Liaison office

(1) Establishment

Upon the establishment of the Program, the Secretary of Defense shall establish an office to provide for liaison between the Secretary and the National Civilian Community Corps.

(2) Duties

The office shall provide assistance in the coordination of Department of Defense activities with the Corps.

(b) Corps cadre

(1) List of recommended personnel

Upon the establishment of the Program, the Secretary of Defense, in consultation with the liaison office established under subsection (a) shall develop a list of individuals from which individuals may be selected for appointment by the Director 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) [1] of this title who are commissioned officers, noncommissioned officers, former commissioned officers, or former noncommissioned officers.

(2) 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 subsection.

(3) 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 individual’s 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 individual’s rate of pay for service in the cadre.

(c) 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 National Civilian Community Corps for training or housing Corps members. The Secretary of Defense shall carry out this subsection in consultation with the liaison office established under subsection (a).

(d) 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.

(Pub. L. 101–610, title I, § 162, formerly § 195K, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2531; renumbered § 162 and amended Pub. L. 103–82, title I, § 104(b), (e)(2)(G), title IV, § 402(b)(2), Sept. 21, 1993, 107 Stat. 840, 847, 919; Pub. L. 103–304, § 3(b)(5)(C), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1512, Apr. 21, 2009, 123 Stat. 1526; Pub. L. 115–232, div. A, title V, § 553(b)(4), Aug. 13, 2018, 132 Stat. 1772.)

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[1]  See References in Text note below.

Editorial Notes

References in Text

Section 12611 of this title, referred to in subsec. (b)(1), was amended generally by Pub. L. 111–13, title I, § 1501, Apr. 21, 2009, 123 Stat. 1521, and section 12611(3) no longer relates to members and former members of the Armed Forces.

Codification

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

Prior Provisions

A prior section 12622, Pub. L. 101–610, title I, § 166, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 102–384, § 8, Oct. 5, 1992, 106 Stat. 1456, related to assistance for Head Start programs, prior to repeal by Pub. L. 103–82, § 104(a).

A prior section 162 of Pub. L. 101–610 was classified to section 12613 of this title prior to repeal by Pub. L. 103–82.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–232 substituted “shall provide” for “shall—

“(A) 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

“(B) provide other”.

2009—Pub. L. 111–13, § 1512(b)(2)–(5)(A), substituted “Liaison office” for “Secretary of Defense” as subsec. (a) heading, struck out par. (1) heading “Liaison office” after subsec. (a) heading, redesignated subpars. (A) and (B) of former subsec. (a)(1) as pars. (1) and (2), respectively, of subsec. (a), redesignated cls. (i) and (ii) of former subsec. (a)(1)(B) as subpars. (A) and (B), respectively, of subsec. (a)(2), redesignated former pars. (2) to (4) of subsec. (a) as subsecs. (b) to (d), respectively, redesignated former subpars. (A) to (C) of former subsec. (a)(2) as pars. (1) to (3), respectively, of subsec. (b), and realigned margins.

Pub. L. 111–13, § 1512(b)(1), substituted “Department of Defense” for “other departments” in section catchline.

Subsec. (a)(1). Pub. L. 111–13, § 1512(a)(1)(A), inserted “National” before “Civilian Community Corps” in subpar. (A) and substituted “the registry established by section 1143a of title 10;” for “the registry established by section 4462 of the National Defense Authorization Act for Fiscal Year 1993;” in subpar. (B)(i).

Subsec. (a)(2)(A). Pub. L. 111–13, § 1512(a)(1)(B), substituted “from which individuals may be selected for appointment by the Director” for “to be recommended for appointment”.

Subsec. (a)(3). Pub. L. 111–13, § 1512(a)(1)(C), inserted “National” before “Civilian Community Corps”.

Subsec. (b). Pub. L. 111–13, § 1512(a)(2), struck out subsec. (b). Text read as follows: “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.”

Subsec. (b)(1). Pub. L. 111–13, § 1512(b)(5)(B), substituted “subsection (a)” for “paragraph (1)”.

Subsec. (b)(2). Pub. L. 111–13, § 1512(b)(5)(C), substituted “subsection” for “paragraph”.

Subsec. (c). Pub. L. 111–13, § 1512(b)(6), substituted “this subsection” for “this paragraph” and “subsection (a)” for “paragraph (1)”.

1994—Subsec. (a)(1)(B)(ii). Pub. L. 103–304, which directed the substitution of “section 1143a of title 10” for “section 4462 of the National Defense Authorization Act for Fiscal Year 1993”, could not be executed because “section 4462 of the National Defense Authorization Act for Fiscal Year 1993” did not appear in cl. (ii).

1993—Subsec. (a)(2)(A). Pub. L. 103–82, § 104(e)(2)(G), substituted “section 12611(3)” for “section 12653(3)”.

Subsec. (a)(2)(C). Pub. L. 103–82, § 402(b)(2), substituted “Corporation” for “Commission on National and Community Service”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment 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.

Effective Date of 1993 Amendment

Amendment by section 104(b), (e)(2)(G) of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

Amendment by section 402(b)(2) of Pub. L. 103–82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title.