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119th Congress

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119th Congress

Title 39 — Postal Service

Part I · Chapter 4 — General Authority

§ 410. Application of other laws

Statutory text

(a)

Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.

(b)

The following provisions shall apply to the Postal Service:

(1)

section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 1 (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;

(2)

all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;

(3)

section 107 of title 20 (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind);

(4)

the following provisions of title 40:

(A)

sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and

(B)

chapters 37 and 173;

(5)

chapters 65 and 67 of title 41;

(6)

sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 1964);

(7)

section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668);

(8)

the provisions of the Act of (42 U.S.C. 4151–4156);

(9)

chapter 39 of title 31;

(10)

chapter 4 of title 5; and

(11)

section 5520a of title 5.

(c)

Subsection (b)(1) of this section shall not require the disclosure of—

(1)

the name or address, past or present, of any postal patron;

(2)

information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed;

(3)

information prepared for use in connection with the negotiation of collective-bargaining agreements under chapter 12 of this title or minutes of, or notes kept during, negotiating sessions conducted under such chapter;

(4)

information prepared for use in connection with proceedings under chapter 36 of this title;

(5)

the reports and memoranda of consultants or independent contractors except to the extent that they would be required to be disclosed if prepared within the Postal Service; and

(6)

investigatory files, whether or not considered closed, compiled for law enforcement purposes except to the extent available by law to a party other than the Postal Service.

(d)
(1)

A lease agreement by the Postal Service for rent of net interior space in excess of 6,500 square feet in any building or facility, or part of a building or facility, to be occupied for purposes of the Postal Service shall include a provision that all laborers and mechanics employed in the construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by the agreement, or improvement at the site of such building or facility, shall be paid wages at not less than those prevailing for similar work in the locality as determined by the Secretary of Labor under section 3142 of title 40.

(2)

The authority and functions of the Secretary of Labor with respect to labor standards enforcement under Reorganization Plan numbered 14 of 1950 (title 5, appendix), and regulations for contractors and subcontractors under section 3145 of title 40, shall apply to the work under paragraph (1) of this subsection.

(3)

Paragraph (2) of this subsection shall not be construed to give the Secretary of Labor authority to direct the cancellation of the lease agreement referred to in paragraph (1) of this subsection.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Postal Reorganization Act

    Pub. L. 91–375 · 84 Stat. 719

    Enacted · 39 U.S.C. § 410

    Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 725

    Source evidence

    Code source credit
    Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 725

  2. Federal Pay Comparability Act of 1970

    Pub. L. 91–656 § 8(a) · 84 Stat. 1946

    1. Inserted · 39 U.S.C. § 410(b)(1)

      Pub. L. 91–656 inserted “section 3110 (restrictions on employment of relatives),” before “section 3333”

    2. Substituted · 39 U.S.C. § 410(b)(1)

      Pub. L. 91–656 substituted “no regulation” for “not regulation”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 91–656 inserted “section 3110 (restrictions on employment of relatives),” before “section 3333” and substituted “no regulation” for “not regulation”.

    Enacted provision · exact public law section
    (a) Section 410(b)(1) of title 39, United States Code, as enacted by section 2 of the Postal Reorganization Act (84 Stat. 725; Public Law 91–375), is amended— (1) by inserting “section 3110 (restrictions on employment of 81 Stat. 640. 5 USC 3110. relatives),” immediately before “section 3333”; and (2) by striking out “except that not regulation” and inserting in lieu thereof “except that no regulation”.

  3. Pub. L. 93–340 § 2 · 88 Stat. 294

    Inserted · 39 U.S.C. § 410(b)(1)

    Pub. L. 93–340 inserted “section 5520 (withholding city income or employment taxes),” before “and section 5532 (dual pay)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 93–340 inserted “section 5520 (withholding city income or employment taxes),” before “and section 5532 (dual pay)”.

    Enacted provision · exact public law section
    Sec. 2. Section 410(b) of title 39, United States Code, is amended by striking out the words “and section 5532 (dual pay)” and inserting in lieu thereof “section 5520 (withholding city income or employment Supra. 5 USC 5532. taxes), and section 5532 (dual pay)”.

  4. Pub. L. 94–82 title I § 101 · 89 Stat. 419

    Added · 39 U.S.C. § 410(b)(7)

    Pub. L. 94–82 added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 94–82 added par. (7).

    Enacted provision · exact public law section
    Sec. 101. Section 410(b) of title 39, United States Code, is amended— (1) by striking out the word “and” at the end of paragraph (2) by striking out the period at the end of paragraph (6) and inserting in lieu of the period a semicolon and the word “and”; and (3) by adding immediately below paragraph (6) the following paragraph: “(7) section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668).”.

  5. Government in the Sunshine Act

    Pub. L. 94–409 § 5(a) · 90 Stat. 1241

    Inserted · 39 U.S.C. § 410(b)(1)

    Pub. L. 94–409 inserted references to sections 552a and 552b of title 5

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 94–409 inserted references to sections 552a and 552b of title 5.

    Enacted provision · exact public law section
    (a) Section 410(b)(1) of title 39, United States Code, is amended by inserting after “Section 552 (public information),” the words “section 552a (records about individuals), section 552b (open meetings),”.

  6. Pub. L. 94–541 title II § 203 · 90 Stat. 2505

    Added · 39 U.S.C. § 410(b)(8)

    Pub. L. 94–541 added par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 94–541 added par. (8).

    Enacted provision · exact public law section
    Sec. 203. Section 410 (b) of title 39, United States Code, is amended by adding at the end thereof the following: “(8) The provisions of the Act of August 12, 1968 (42 U.S.C. 4151–4156);”.

  7. Pub. L. 95–454 title III § 302(c) · 92 Stat. 1111

    1. Inserted · 39 U.S.C. § 410(b)(1)

      Pub. L. 95–454 inserted provisions relating to reading and interpreting assistants

    2. Substituted · 39 U.S.C. § 410(b)(1)

      Pub. L. 95–454 substituted provisions respecting applicability of chapter 72 of title 5, for provisions respecting applicability of chapter 71 of title 5

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 95–454 inserted provisions relating to reading and interpreting assistants, and substituted provisions respecting applicability of chapter 72 of title 5, for provisions respecting applicability of chapter 71 of title 5.

    Enacted provision · exact public law section
    (c) Section 410(b) (1) of title 39, United States Code, is amended by inserting after “open meetings)” a comma and “3102 (employment of reading assistants for blind employees and interpreting assistants for deaf employees),”.

  8. Pub. L. 96–523 § 1(c)(2) · 94 Stat. 3039

    Substituted · 39 U.S.C. § 410(b)(1)

    Pub. L. 96–523 substituted “section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped” for “3102 (employment of reading assistants for blind employees and interpreting assistants for deaf”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–523 substituted “section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped” for “3102 (employment of reading assistants for blind employees and interpreting assistants for deaf”.

    Enacted provision · exact public law section
    (1) Section 604(a)(16)(A) of title 28, United States Code, is amended by striking out “3102” and inserting in lieu thereof “3102(b)”.

  9. Prompt Payment Act Amendments of 1988

    Pub. L. 100–496 § 2(c)(2) · 102 Stat. 2455

    Added · 39 U.S.C. § 410(b)(9)

    Pub. L. 100–496 added par. (9) relating to chapter 39 of title 31

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–496 added par. (9) relating to chapter 39 of title 31.

    Enacted provision · exact public law section
    (2) Section 410(b) of title 39, United States Code, is amended by inserting after paragraph (8) the following new paragraph: “(9) Chapter 39 of title 31.”.

  10. Inspector General Act Amendments of 1988

    Pub. L. 100–504 § 104(b)(1) · 102 Stat. 2515

    1. Struck · 39 U.S.C. § 410(b)(6)(8)

      Pub. L. 100–504, § 104(b)(1)–(4), struck out “and” after semicolon in par. (6)

    2. Substituted · 39 U.S.C. § 410(b)(6)(8)

      Pub. L. 100–504, § 104(b)(1)–(4), substituted semicolon for period in par. (7)

    3. Substituted · 39 U.S.C. § 410(b)(6)(8)

      Pub. L. 100–504, § 104(b)(1)–(4), substituted “the provisions” for “The provisions” and “; and” for period in par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(6) to (8). Pub. L. 100–504, § 104(b)(1)–(4), struck out “and” after semicolon in par. (6), substituted semicolon for period in par. (7), and substituted “the provisions” for “The provisions” and “; and” for period in par. (8).

    Enacted provision · exact public law section
    (1) by striking out “and” at the end of paragraph (6);

  11. Inspector General Act Amendments of 1988

    Pub. L. 100–504 § 104(b)(5) · 102 Stat. 2515

    Added · 39 U.S.C. § 410(b)(9)

    Pub. L. 100–504, § 104(b)(5), added par. (9) relating to section 8E of Inspector General Act

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 100–504, § 104(b)(5), added par. (9) relating to section 8E of Inspector General Act.

    Enacted provision · exact public law section
    (5) by adding at the end thereof the following new paragraph: “(9) the provisions of section 8E of the Inspector General Act of 1978.”.

  12. National and Community Service Trust Act of 1993

    Pub. L. 103–82 § 202(g)(6)(A) · 107 Stat. 785

    1. Amended · 39 U.S.C. § 410(b)(8)

      Pub. L. 103–82, § 202(g)(6)(A), and Pub. L. 103–123, § 708(a)(1), amended par. (8) identically

    2. Struck · 39 U.S.C. § 410(b)(8)

      Pub. L. 103–82, § 202(g)(6)(A), and Pub. L. 103–123, § 708(a)(1), striking out “and” at end

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 103–82, § 202(g)(6)(A), and Pub. L. 103–123, § 708(a)(1), amended par. (8) identically, striking out “and” at end.

    Enacted provision · exact public law section
    SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND ACTION AGENCY. (a) National and Community Service Act of 1990.— Subtitle G of title I of the National and Community Service Act of 1990 (42 U.S.C. 12651) is amended to read as follows: “Subtitle G— Corporation for National and Community Service “SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE. “There is established a Corporation for National and Community Service that shall administer the programs established under this Act. The Corporation shall be a Government corporation, as defined in section 103 of title 5, United States Code. “SEC. 192. BOARD OF DIRECTORS. “(a) Composition.— “(1) In general.— There shall be in the Corporation a Board of Directors (referred to in this subtitle as the ‘Board’) that shall be composed of— “(A) 15 members, including an individual between the ages of 16 and 25 who— “(i) has served in a school-based or community-based service-learning program; or “(ii) is or was a participant or a supervisor in a program; to be appointed by the President, by and with the advice and consent of the Senate; and “(B) the ex officio nonvoting members described in paragraph (3). “(2) Qualifications.— To the maximum extent practicable, the President shall appoint members— “(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government; “(B) who represent a broad range of viewpoints; “(C) who are experts in the delivery of human, educational, environmental, or public safety services; “(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and “(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party. “(3) Ex officio members.— The Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board. “(b) Officers.— “(1) Chairperson.— The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members. “(2) Vice chairperson.— The Board shall elect a Vice Chairperson from among its membership. “(3) Other officers.— The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate. “(c) Terms.— Each appointed member of the Board shall serve for a term of 5 years, except that, as designated by the President— “(1) 3 of the members first appointed to the Board shall serve for a term of 1 year; “(2) 3 of the members first appointed to the Board shall serve for a term of 2 years; “(3) 3 of the members first appointed to the Board shall serve for a term of 3 years; “(4) 3 of the members first appointed to the Board shall serve for a term of 4 years; and “(5) 3 of the members first appointed to the Board shall serve for a term of 5 years. “(d) Vacancies.— If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. “SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF DIRECTORS. “(a) Meetings.— The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing. “(b) Quorum.— A majority of the appointed members of the Board shall constitute a quorum. “(c) Authorities of Officers.— “(1) Chairperson.— The Chairperson of the Board may call and conduct meetings of the Board. “(2) Vice chairperson.— The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson. “(d) Expenses.— While away from their homes or regular places of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for persons employed intermittently in the Government service. “(e) Special Government Employees.— For purposes of the provisions of chapter 11 of part I of title 18, United States Code, and any other provision of Federal law, a member of the Board (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(f) Status of Members.— “(1) Tort claims.— For the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a member of the Board shall be considered to be a Federal employee. “(2) Other claims.— A member of the Board shall have no personal liability under Federal law with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the Board. “(3) Effect on other law.— This subsection shall not be construed— “(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such transactions; “(B) to affect any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a member of the Board participating in such transactions; or “(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. “(g) Duties.— The Board shall— “(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan; “(2) review and approve the proposal described in section 193A(b)(2)(A), with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section; “(3) review and approve the proposal described in section 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section; “(4) review and approve the evaluation plan described in section 193A(b)(4)(A); “(5) (A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of this Act; “(6) receive any report as provided under subsection (b), (c), or (d) of section 8E of the Inspector General Act of 1978; “(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs; “(8) advise the President and the Congress concerning developments in national and community service that merit the attention of the President and the Congress; “(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and “(10) prepare and make recommendations to the Congress and the President for changes in this Act resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 193A(b)(10), which recommendations shall be submitted to the Congress and President not later than September 30, 1995. “(h) Administration.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board. “(i) Limitation on Participation.— All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest. “(j) Coordination With Other Federal Activities.— As part of the agenda of meetings of the Board under subsection (a), the Board shall review projects and programs conducted or funded by the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in section 192(a)(3) shall jointly plan, implement, and fund activities in connection with projects and programs conducted under the national service laws to ensure that Federal efforts attempt to address the total needs of participants in such programs and projects, their communities, and the persons and communities the participants serve. “SEC. 193. CHIEF EXECUTIVE OFFICER. “(a) Appointment.— The Corporation shall be headed by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) Compensation.— The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. “(c) Regulations.— The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out this Act. “SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER “(a) General Powers and Duties.— The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in section 8E of the Inspector General Act of 1978. “(b) Duties.— In addition to the duties conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer shall— “(1) prepare and submit to the Board a strategic plan every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation; “(2) (A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(2), make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under this Act, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions as are necessary or appropriate to carry out this Act; “(3) (A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(3)— “(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out this Act; and “(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out this Act; “(4) (A) prepare and submit to the Board a plan for the evaluation of programs established under this Act, in accordance with section 179; and “(B) after receiving an approved proposal under section 192A(g)(4)— “(i) establish measurable performance goals and objectives for such programs, in accordance with section 179; and “(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section; “(5) consult with appropriate Federal agencies in administering the programs and initiatives; “(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 176; “(7) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives; “(8) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of this Act between— “(A) the actions of the Chief Executive Officer; and “(B) (i) the strategic plan approved by the Board under section 192A(g)(1); “(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or “(iii) the evaluation plan approved by the Board under section 192A(g)(4); “(9) prepare and submit to the appropriate committees of Congress an annual report, and such interim reports as may be necessary, describing— “(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 196(a) that have been accepted by the Corporation; “(B) the manner in which the Corporation used or disposed of such services, money, and property; and “(C) information on the results achieved by the programs funded under this Act during the year preceding the year in which the report is prepared; “(10) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related “(A) the administration and organization of programs authorized under the national service laws or under Public Law 91–378 (referred to in this subparagraph as ‘service programs’), including— “(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 122(c)(1) are being addressed by this Act; “(ii) the manner in which— “(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and “(II) such outcomes should be defined and measured in such service programs; “(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families; “(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs; “(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions; “(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and “(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and “(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA service corps assisted under subtitle C and other programs authorized by this Act, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service; and “(11) for purposes of section 178(d)(6)(B), issue regulations Regulations. to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity of which such member of the Board or such member of the State Commission is, or in the 1-year period before the submis-sion of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee. “(c) Powers.— In addition to the authority conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer may— “(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may be appropriate to enable the two divisions to coordinate common support functions; “(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act; “(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and, with the consent of any State, or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursement; “(4) allocate and expend funds made available under this Act; “(5) disseminate, without regard to the provisions of section 3204 of title 39, United States Code, data and information, in such form as the Chief Executive Officer shall determine to be appropriate to public agencies, private organizations, and the general public; “(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31, United States Code (commonly known as the Federal Claims Collection Act of 1966’); “(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United States, with respect to a claim arising under this Act; “(8) exercise the authorities of the Corporation under section 196; “(9) consolidate the reports to Congress required under this Act, and the report required under section 9106 of title 31, United States Code, into a single report, and submit the report to Congress on an annual basis; and “(10) generally perform such functions and take such steps consistent with the objectives and provisions of this Act, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions. “(d) Delegation.— “(1) Definition.— As used in this subsection, the term ‘function’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. “(2) In general.— Except as otherwise prohibited by law or provided in this Act, the Chief Executive Officer may delegate any function under this Act, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of responsibility for the administration of such function. “(3) Function of board.— The Chief Executive Officer may not delegate a function of the Board without the permission of the Board. “(e) Actions.— In an action described in subsection (c)(7)— “(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy; “(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office; “(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and “(4) nothing in this section shall be construed to except litigation arising out of activities under this Act from the application of sections 509, 517, 547, and 2679 of title 28, United States Code. “(f) Evaluations.— “(1) Evaluation of living allowance.— The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under subtitles C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs. “(2) Evaluation of success of investment in national SERVICE.— “(A) Evaluation required.— The Corporation shall arrange for the independent evaluation of the operation of subtitle C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section 121. “(B) Period covered by evaluation.— The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under section 121, and ending on a date that is as close as is practicable to the date specified in subsection (b)(10). “(C) Income levels of participants.— The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under section 121 or in an approved national service position. The total income of the participant shall be determined as of the date the participant was first selected to participate in such a program and shall include family total income unless the evaluating entity determines that the participant was independent at the time of selection. “(D) Assistance for distressed areas.— The evaluating entity shall also determine the amount of assistance provided under section 121 during the period covered by the report that has been expended for projects conducted in areas of economic distress described in section 133(c)(6). “(E) Definitions.— Ab used in this paragraph: “(i) Independent.— The term ‘independent’ has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087w(d)). “(ii) Total income.— The term ‘total income’ has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087w(a)). “SEC. 194. OFFICERS. “(a) Managing Directors.— “(1) IN general.— There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Chief Executive Officer. “(2) Compensation.— The Managing Directors shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors. “(b) Inspector General.— “(1) Office.— There shall be in the Corporation an Office of the Inspector General. “(2) Appointment.— The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978. “(3) Compensation.— The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Chief Financial Officer — “(1) Office.— There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Compensation.— The Chief Financial Officer shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Chief Financial Officer shall— “(A) report directly to the Chief Executive Officer regarding financial management matters; “(B) oversee all financial management activities relating to the programs and operations of the Corporation; “(C) develop and maintain an integrated accounting and financial management system for the Corporation, including financial reporting and internal controls; “(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and “(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation. “(d) Assistant Directors for VISTA and National Senior Volunteer Corps.— “(1) Appointment.— One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which— “(A) 1 Assistant Director shall be responsible for programs carried out under parts A and B of title I of the domestic Volunteer Service Act of 1973 (the Volunteers in Service to America (VISTA) program) and other anti-poverty programs under title I of that Act; “(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program); “(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and “(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program). “(2) Effective date for exercise of authority.— Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993. “SEC. 196. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL. “(a) Employees.— Except as provided in subsection (b), section 194(d), and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation. “(b) Alternative Personnel System.— “(1) Authority.— The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis. “(2) Appointment in the competitive service after employment under alternative personnel system.— The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause). “(3) Selection and compensation system.— “(A) Establishment of system.— The Chief Executive Regulations. Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system. “(B) Application.— The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A). “(C) Selection.— The system established under subparagraph (A) shall provide for the selection of employees— “(i) through a competitive process; and “(ii) on the basis of the qualifications of applicants and the requirements of the positions. “(D) Compensation.— The system established under subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The rate of compensation for each employee compensated under the system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Corporation Representative in Each State.— “(1) Designation of representative.— The Corporation shall designate 1 employee of the Corporation for each State or group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in this Act in the State or States. “(2) Duties.— The representative designated under this subsection for a State or group of States shall serve as the liaison between— “(A) the Corporation and the State Commission that is established in the State or States; “(B) the Corporation and any subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 121 directly from the Corporation; and “(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State. “(3) Member of state commission.— The representative designated under this subsection for a State or group of States shall also serve as a member of the State Commission established in the State or States, as described in section 178(c)(3). “(4) Compensation.— If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to section 195(b), the rate of compensation for such employee may not exceed the maximum rate of basic pay pay-able for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “(d) Consultants.— The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with section 3109(b) of title 5, United States Code. “(e) Details of Personnel.— The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under this Act. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. “(f) Advisory Committees — “(1) Establishment.— The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, such as the type of programs to be established or assisted under the national service laws, priorities and criteria for such programs, and methods of conducting outreach for, and evaluation of, such programs. “(2) Composition.— Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify. “(3) Expenses.— Members of such an advisory committee may be allowed travel expenses as described in section 192A(d). “(4) Staff.— “(A) In general.— Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to— “(i) the provisions of title 5, United States Code, governing appointments in the competitive service; and “(ii) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(B) Compensation.— If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “SEC. 196. ADMINISTRATION. “(a) Donations.— “(1) Services.— “(A) Volunteers.— Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the voluntary services of individuals to assist the Corporation in carrying out the duties of the Corporation under this Act, and may provide to such individuals the travel expenses described in section 192A(d). “(B) Limitation.— Such a volunteer shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that— “(i) for the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a volunteer under this subtitle shall be considered to be a Federal employee; “(ii) for the purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subtitle shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the provisions of such subchapter shall apply; and “(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volunteer (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(C) Inherently governmental function.— “(i) In general.— Such a volunteer shall not carry out an inherently governmental function. “(ii) Regulations.— The Chief Executive Officer shall promulgate regulations to carry out this subparagraph. “(iii) Inherently governmental function.— As used in this subparagraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government. “(2) Property.— “(A) In general.— The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. “(B) Status of contribution.— Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States. “(C) Rules.— The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— “(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and “(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs. “(D) Disposition.— Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). “(3) Volunteer.— As used in this subsection, the term ‘volunteer’ does not include a participant. “(b) Contracts.— Subject to the Federal Property and Administrative Services Act of 1949, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under this Act. “(c) Office of Management and Budget.— Appropriate circulars of the Office of Management and Budget shall apply to the Corporation. “SEC. 196A. CORPORATION STATE OFFICES. “(a) In General.— The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 195(c). “(b) Duties.— Each State office established pursuant to subsection (a) shall— “(1) provide to the State Commissions established under section 178 technical and other assistance for the development and implementation of national service plans under section 178(e)(1); “(2) provide to community-based agencies and other entities within tne State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 198A; “(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State; “(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and “(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.”. (b) Domestic Volunteer Service Act of 1973.— Section 401 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5041) is amended by inserting after the second sentence the following: “The Director shall report directly to the Chief Executive Officer of the Corporation for National and Community Service.”. (c) Transfer of Functions of Commission on National and Community Service.— (1) Definitions.— For purposes of this subsection, unless otherwise provided or indicated by the context, each term specified in section 203(c)(1) shall have the meaning given the term in such section. (2) Transfer of functions.— There are transferred to the Corporation the functions that the Board of Directors or Executive Director of the Commission on National and Community Service exercised before the effective date of this subsection (including all related functions of any officer or employee of the Commission). (3) Application.— The provisions of paragraphs (3) through (10) of section 203(c) shall apply with respect to the transfer described in paragraph (2), except that— (A) for purposes of such application, references to the term “ACTION Agency” shall be deemed to be references to the Commission on National and Community Service; and (B) paragraph (10) of such section shall not preclude the transfer of the members of the Board of Directors of the Commission to the Corporation if, on the effective date of this subsection, the Board of Directors of the Corporation has not been confirmed. (d) Continuing Performance of Certain Functions.— The individuals who, on the day before the date of enactment of this Act, are performing any of the functions required by section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651), as in effect on such date, to be performed by the members of the Board of Directors of the Commission on National and Community Service may, subject to section 193A of the National and Community Service Act of 1990, as added by subsection (a) of this section, continue to perform such functions until the date on which the Board of Directors of the Corporation for National and Community Service conducts the first meeting of the Board. The service of such individuals as members of the Board of Directors of such Commission, and the employment of such individuals as special Government employees, shall terminate on such date. (e) Government Corporation Control.— (1) Wholly owned government corporation.— Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (D) the following: “(E) the Corporation for National and Community Service.”. (2) Audits.— Section 9105(a)(1) of title 31, United States Code, is amended by inserting “, or under other Federal law,” before “or by an independent”. (f) Disposal of Property.— Section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) is amended by adding at the end the following: “(5) (A) Under such regulations as the Administrator may prescribe, the Administrator is authorized, in the discretion of the Administrator, to assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal such surplus property as is recommended by the Chief Executive Officer as being needed for national service activities. “(B) Subject to the disapproval of the Administrator, within 30 days after notice to the Administrator by the Chief Executive Officer of the Corporation for National and Community Service of a proposed transfer of property for such activities, the Chief Executive Officer, through such officers or employees of the Corporation as the Chief Executive Officer may designate, may sell, lease, or donate such property to any entity tn at receives financial assistance under the National and Community Service Act of 1990 for such activities. “(C) In fixing the sale or lease value of such property, the Chief Executive Officer of the Corporation for National and Community Service shall comply with the requirements of paragraph (1)(C).”. (g) Inspector General.— (1) Special provisions in inspector general act of 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 8E and 8F as sections 8F and 8G, respectively, and inserting after section 8D the following 5 USC app. 8E–8G. new section: “special provisions concerning the corporation for national and community service “Sec. 8E. (a) Notwithstanding the provisions of paragraphs 5 USC app. 8E. (7) and (8) of section 6(a), it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to— “(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Trust Act of 1993; and “(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of title 5, United States Code, as may be necessary to carry out the functions, powers, and duties of the Inspector General. “(b) No later than the date on which the Chief Executive Reports. Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (a) or (b) of section 5, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation. “(c) No later than the date on which the Chief Executive Officer Reports. of the Corporation for National and Community Service transmits a report described under section 5(b) to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 5(b)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports. “(d) No later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 5(d) to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.”. (2) Termination of status as designated federal ENTITY.— (A) In general.— Section 8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated by paragraph (1) of this subsection) is amended by striking out “ACTION,”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (3) Transfer.— (A) In general.— Section 9(a)(1) of the Inspector General 5 USC app. 9. Act of 1978 (5 U.S.C. App.) is amended— (i) in subparagraph (T), by striking out “and” at the end thereof; and (ii) by adding at the end thereof the following new subparagraph: “(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (4) Head of establishment and establishment.— Section 5 USC app. 11. 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting “; the Chief Executive Officer of the Corporation for National and Community Service;” after “Thrift Depositor Protection Oversight Board”; and (B) in paragraph (2) by inserting “, the Corporation for National and Community Service,” after “United States Information Agency”. (5) Technical and conforming amendments to the INSPECTOR GENERAL ACT OF 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking out “section 8E(a)(2), and any” and inserting in lieu thereof “section 8F(a)(2), and any”; (ii) by striking out “section 8E(a)(1)” and inserting in lieu thereof “section 8F(a)(1)”; and (iii) by striking out “section 8E(a)(2).” and inserting in lieu thereof “section 8F(a)(2).”; and (B) in section 8G (as redesignated by paragraph (1) of this subsection)— (i) by striking out “or 8D” and inserting in lieu thereof “8D, or 8E”; and (ii) by striking out “section 8E(a)” and inserting in lieu thereof “section 8F(ar. (6) Postal service technical and conforming amendments.— Section 410(b) of title 39, United States Code, is amended— (A) in paragraph (8) by striking out “and” after the semicolon; (B) in the first paragraph (9) by striking out the period and inserting in lieu thereof a semicolon and “and”; and (C) by striking out the second paragraph (9) and inserting in lieu thereof the following: “(10) the provisions of section 8F of the Inspector General Act of 1978.”. (h) Table of Contents.— Section 1(b) of the National and Community Service Act of 1990 (Public Law 101–610; 104 Stat. 3127) is amended by striking the items relating to subtitle G of title I of such Act and inserting the following: “Subtitle G— Corporation for National and Community Service “Sec. 191. Corporation for National and Community Service. “Sec. 192. Board of Directors. “Sec. 192A. Authorities and duties of the Board of Directors. “Sec. 193. Chief Executive Officer. “Sec. 193A. Authorities and duties of the Chief Executive Officer. “Sec. 194. Officers. “Sec. 195. Employees, consultants, and other personnel. “Sec. 196. Administration. “Sec. 196A. Corporation State offices.’. (i) Effective Dates.— (1) In general.— Except as provided in paragraph (2), or paragraph (2) or (3) of subsection (g), the amendments made by this section shall take effect on October 1, 1993. (2) Establishment and appointment authorities.— Sections 191, 192, and 193 of the National and Community Service Act of 1990, as added by subsection (a), shall take effect on the date of enactment of this Act.

  13. National and Community Service Trust Act of 1993

    Pub. L. 103–82 § 202(g)(6)(B) · 107 Stat. 785

    1. Amended · 39 U.S.C. § 410(b)(9)

      Pub. L. 103–82, § 202(g)(6)(B), and Pub. L. 103–123, § 708(a)(2), amended par. (9), relating to title 31, identically

    2. Substituted · 39 U.S.C. § 410(b)(9)

      Pub. L. 103–82, § 202(g)(6)(B), and Pub. L. 103–123, § 708(a)(2), substituting “; and” for period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–82, § 202(g)(6)(B), and Pub. L. 103–123, § 708(a)(2), amended par. (9), relating to title 31, identically, substituting “; and” for period at end.

    Enacted provision · exact public law section
    SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND ACTION AGENCY. (a) National and Community Service Act of 1990.— Subtitle G of title I of the National and Community Service Act of 1990 (42 U.S.C. 12651) is amended to read as follows: “Subtitle G— Corporation for National and Community Service “SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE. “There is established a Corporation for National and Community Service that shall administer the programs established under this Act. The Corporation shall be a Government corporation, as defined in section 103 of title 5, United States Code. “SEC. 192. BOARD OF DIRECTORS. “(a) Composition.— “(1) In general.— There shall be in the Corporation a Board of Directors (referred to in this subtitle as the ‘Board’) that shall be composed of— “(A) 15 members, including an individual between the ages of 16 and 25 who— “(i) has served in a school-based or community-based service-learning program; or “(ii) is or was a participant or a supervisor in a program; to be appointed by the President, by and with the advice and consent of the Senate; and “(B) the ex officio nonvoting members described in paragraph (3). “(2) Qualifications.— To the maximum extent practicable, the President shall appoint members— “(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government; “(B) who represent a broad range of viewpoints; “(C) who are experts in the delivery of human, educational, environmental, or public safety services; “(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and “(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party. “(3) Ex officio members.— The Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board. “(b) Officers.— “(1) Chairperson.— The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members. “(2) Vice chairperson.— The Board shall elect a Vice Chairperson from among its membership. “(3) Other officers.— The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate. “(c) Terms.— Each appointed member of the Board shall serve for a term of 5 years, except that, as designated by the President— “(1) 3 of the members first appointed to the Board shall serve for a term of 1 year; “(2) 3 of the members first appointed to the Board shall serve for a term of 2 years; “(3) 3 of the members first appointed to the Board shall serve for a term of 3 years; “(4) 3 of the members first appointed to the Board shall serve for a term of 4 years; and “(5) 3 of the members first appointed to the Board shall serve for a term of 5 years. “(d) Vacancies.— If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. “SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF DIRECTORS. “(a) Meetings.— The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing. “(b) Quorum.— A majority of the appointed members of the Board shall constitute a quorum. “(c) Authorities of Officers.— “(1) Chairperson.— The Chairperson of the Board may call and conduct meetings of the Board. “(2) Vice chairperson.— The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson. “(d) Expenses.— While away from their homes or regular places of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for persons employed intermittently in the Government service. “(e) Special Government Employees.— For purposes of the provisions of chapter 11 of part I of title 18, United States Code, and any other provision of Federal law, a member of the Board (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(f) Status of Members.— “(1) Tort claims.— For the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a member of the Board shall be considered to be a Federal employee. “(2) Other claims.— A member of the Board shall have no personal liability under Federal law with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the Board. “(3) Effect on other law.— This subsection shall not be construed— “(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such transactions; “(B) to affect any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a member of the Board participating in such transactions; or “(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. “(g) Duties.— The Board shall— “(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan; “(2) review and approve the proposal described in section 193A(b)(2)(A), with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section; “(3) review and approve the proposal described in section 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section; “(4) review and approve the evaluation plan described in section 193A(b)(4)(A); “(5) (A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of this Act; “(6) receive any report as provided under subsection (b), (c), or (d) of section 8E of the Inspector General Act of 1978; “(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs; “(8) advise the President and the Congress concerning developments in national and community service that merit the attention of the President and the Congress; “(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and “(10) prepare and make recommendations to the Congress and the President for changes in this Act resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 193A(b)(10), which recommendations shall be submitted to the Congress and President not later than September 30, 1995. “(h) Administration.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board. “(i) Limitation on Participation.— All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest. “(j) Coordination With Other Federal Activities.— As part of the agenda of meetings of the Board under subsection (a), the Board shall review projects and programs conducted or funded by the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in section 192(a)(3) shall jointly plan, implement, and fund activities in connection with projects and programs conducted under the national service laws to ensure that Federal efforts attempt to address the total needs of participants in such programs and projects, their communities, and the persons and communities the participants serve. “SEC. 193. CHIEF EXECUTIVE OFFICER. “(a) Appointment.— The Corporation shall be headed by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) Compensation.— The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. “(c) Regulations.— The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out this Act. “SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER “(a) General Powers and Duties.— The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in section 8E of the Inspector General Act of 1978. “(b) Duties.— In addition to the duties conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer shall— “(1) prepare and submit to the Board a strategic plan every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation; “(2) (A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(2), make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under this Act, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions as are necessary or appropriate to carry out this Act; “(3) (A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(3)— “(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out this Act; and “(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out this Act; “(4) (A) prepare and submit to the Board a plan for the evaluation of programs established under this Act, in accordance with section 179; and “(B) after receiving an approved proposal under section 192A(g)(4)— “(i) establish measurable performance goals and objectives for such programs, in accordance with section 179; and “(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section; “(5) consult with appropriate Federal agencies in administering the programs and initiatives; “(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 176; “(7) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives; “(8) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of this Act between— “(A) the actions of the Chief Executive Officer; and “(B) (i) the strategic plan approved by the Board under section 192A(g)(1); “(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or “(iii) the evaluation plan approved by the Board under section 192A(g)(4); “(9) prepare and submit to the appropriate committees of Congress an annual report, and such interim reports as may be necessary, describing— “(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 196(a) that have been accepted by the Corporation; “(B) the manner in which the Corporation used or disposed of such services, money, and property; and “(C) information on the results achieved by the programs funded under this Act during the year preceding the year in which the report is prepared; “(10) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related “(A) the administration and organization of programs authorized under the national service laws or under Public Law 91–378 (referred to in this subparagraph as ‘service programs’), including— “(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 122(c)(1) are being addressed by this Act; “(ii) the manner in which— “(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and “(II) such outcomes should be defined and measured in such service programs; “(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families; “(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs; “(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions; “(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and “(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and “(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA service corps assisted under subtitle C and other programs authorized by this Act, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service; and “(11) for purposes of section 178(d)(6)(B), issue regulations Regulations. to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity of which such member of the Board or such member of the State Commission is, or in the 1-year period before the submis-sion of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee. “(c) Powers.— In addition to the authority conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer may— “(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may be appropriate to enable the two divisions to coordinate common support functions; “(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act; “(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and, with the consent of any State, or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursement; “(4) allocate and expend funds made available under this Act; “(5) disseminate, without regard to the provisions of section 3204 of title 39, United States Code, data and information, in such form as the Chief Executive Officer shall determine to be appropriate to public agencies, private organizations, and the general public; “(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31, United States Code (commonly known as the Federal Claims Collection Act of 1966’); “(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United States, with respect to a claim arising under this Act; “(8) exercise the authorities of the Corporation under section 196; “(9) consolidate the reports to Congress required under this Act, and the report required under section 9106 of title 31, United States Code, into a single report, and submit the report to Congress on an annual basis; and “(10) generally perform such functions and take such steps consistent with the objectives and provisions of this Act, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions. “(d) Delegation.— “(1) Definition.— As used in this subsection, the term ‘function’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. “(2) In general.— Except as otherwise prohibited by law or provided in this Act, the Chief Executive Officer may delegate any function under this Act, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of responsibility for the administration of such function. “(3) Function of board.— The Chief Executive Officer may not delegate a function of the Board without the permission of the Board. “(e) Actions.— In an action described in subsection (c)(7)— “(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy; “(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office; “(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and “(4) nothing in this section shall be construed to except litigation arising out of activities under this Act from the application of sections 509, 517, 547, and 2679 of title 28, United States Code. “(f) Evaluations.— “(1) Evaluation of living allowance.— The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under subtitles C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs. “(2) Evaluation of success of investment in national SERVICE.— “(A) Evaluation required.— The Corporation shall arrange for the independent evaluation of the operation of subtitle C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section 121. “(B) Period covered by evaluation.— The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under section 121, and ending on a date that is as close as is practicable to the date specified in subsection (b)(10). “(C) Income levels of participants.— The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under section 121 or in an approved national service position. The total income of the participant shall be determined as of the date the participant was first selected to participate in such a program and shall include family total income unless the evaluating entity determines that the participant was independent at the time of selection. “(D) Assistance for distressed areas.— The evaluating entity shall also determine the amount of assistance provided under section 121 during the period covered by the report that has been expended for projects conducted in areas of economic distress described in section 133(c)(6). “(E) Definitions.— Ab used in this paragraph: “(i) Independent.— The term ‘independent’ has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087w(d)). “(ii) Total income.— The term ‘total income’ has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087w(a)). “SEC. 194. OFFICERS. “(a) Managing Directors.— “(1) IN general.— There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Chief Executive Officer. “(2) Compensation.— The Managing Directors shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors. “(b) Inspector General.— “(1) Office.— There shall be in the Corporation an Office of the Inspector General. “(2) Appointment.— The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978. “(3) Compensation.— The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Chief Financial Officer — “(1) Office.— There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Compensation.— The Chief Financial Officer shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Chief Financial Officer shall— “(A) report directly to the Chief Executive Officer regarding financial management matters; “(B) oversee all financial management activities relating to the programs and operations of the Corporation; “(C) develop and maintain an integrated accounting and financial management system for the Corporation, including financial reporting and internal controls; “(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and “(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation. “(d) Assistant Directors for VISTA and National Senior Volunteer Corps.— “(1) Appointment.— One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which— “(A) 1 Assistant Director shall be responsible for programs carried out under parts A and B of title I of the domestic Volunteer Service Act of 1973 (the Volunteers in Service to America (VISTA) program) and other anti-poverty programs under title I of that Act; “(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program); “(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and “(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program). “(2) Effective date for exercise of authority.— Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993. “SEC. 196. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL. “(a) Employees.— Except as provided in subsection (b), section 194(d), and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation. “(b) Alternative Personnel System.— “(1) Authority.— The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis. “(2) Appointment in the competitive service after employment under alternative personnel system.— The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause). “(3) Selection and compensation system.— “(A) Establishment of system.— The Chief Executive Regulations. Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system. “(B) Application.— The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A). “(C) Selection.— The system established under subparagraph (A) shall provide for the selection of employees— “(i) through a competitive process; and “(ii) on the basis of the qualifications of applicants and the requirements of the positions. “(D) Compensation.— The system established under subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The rate of compensation for each employee compensated under the system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Corporation Representative in Each State.— “(1) Designation of representative.— The Corporation shall designate 1 employee of the Corporation for each State or group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in this Act in the State or States. “(2) Duties.— The representative designated under this subsection for a State or group of States shall serve as the liaison between— “(A) the Corporation and the State Commission that is established in the State or States; “(B) the Corporation and any subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 121 directly from the Corporation; and “(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State. “(3) Member of state commission.— The representative designated under this subsection for a State or group of States shall also serve as a member of the State Commission established in the State or States, as described in section 178(c)(3). “(4) Compensation.— If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to section 195(b), the rate of compensation for such employee may not exceed the maximum rate of basic pay pay-able for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “(d) Consultants.— The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with section 3109(b) of title 5, United States Code. “(e) Details of Personnel.— The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under this Act. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. “(f) Advisory Committees — “(1) Establishment.— The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, such as the type of programs to be established or assisted under the national service laws, priorities and criteria for such programs, and methods of conducting outreach for, and evaluation of, such programs. “(2) Composition.— Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify. “(3) Expenses.— Members of such an advisory committee may be allowed travel expenses as described in section 192A(d). “(4) Staff.— “(A) In general.— Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to— “(i) the provisions of title 5, United States Code, governing appointments in the competitive service; and “(ii) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(B) Compensation.— If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “SEC. 196. ADMINISTRATION. “(a) Donations.— “(1) Services.— “(A) Volunteers.— Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the voluntary services of individuals to assist the Corporation in carrying out the duties of the Corporation under this Act, and may provide to such individuals the travel expenses described in section 192A(d). “(B) Limitation.— Such a volunteer shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that— “(i) for the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a volunteer under this subtitle shall be considered to be a Federal employee; “(ii) for the purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subtitle shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the provisions of such subchapter shall apply; and “(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volunteer (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(C) Inherently governmental function.— “(i) In general.— Such a volunteer shall not carry out an inherently governmental function. “(ii) Regulations.— The Chief Executive Officer shall promulgate regulations to carry out this subparagraph. “(iii) Inherently governmental function.— As used in this subparagraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government. “(2) Property.— “(A) In general.— The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. “(B) Status of contribution.— Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States. “(C) Rules.— The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— “(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and “(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs. “(D) Disposition.— Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). “(3) Volunteer.— As used in this subsection, the term ‘volunteer’ does not include a participant. “(b) Contracts.— Subject to the Federal Property and Administrative Services Act of 1949, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under this Act. “(c) Office of Management and Budget.— Appropriate circulars of the Office of Management and Budget shall apply to the Corporation. “SEC. 196A. CORPORATION STATE OFFICES. “(a) In General.— The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 195(c). “(b) Duties.— Each State office established pursuant to subsection (a) shall— “(1) provide to the State Commissions established under section 178 technical and other assistance for the development and implementation of national service plans under section 178(e)(1); “(2) provide to community-based agencies and other entities within tne State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 198A; “(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State; “(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and “(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.”. (b) Domestic Volunteer Service Act of 1973.— Section 401 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5041) is amended by inserting after the second sentence the following: “The Director shall report directly to the Chief Executive Officer of the Corporation for National and Community Service.”. (c) Transfer of Functions of Commission on National and Community Service.— (1) Definitions.— For purposes of this subsection, unless otherwise provided or indicated by the context, each term specified in section 203(c)(1) shall have the meaning given the term in such section. (2) Transfer of functions.— There are transferred to the Corporation the functions that the Board of Directors or Executive Director of the Commission on National and Community Service exercised before the effective date of this subsection (including all related functions of any officer or employee of the Commission). (3) Application.— The provisions of paragraphs (3) through (10) of section 203(c) shall apply with respect to the transfer described in paragraph (2), except that— (A) for purposes of such application, references to the term “ACTION Agency” shall be deemed to be references to the Commission on National and Community Service; and (B) paragraph (10) of such section shall not preclude the transfer of the members of the Board of Directors of the Commission to the Corporation if, on the effective date of this subsection, the Board of Directors of the Corporation has not been confirmed. (d) Continuing Performance of Certain Functions.— The individuals who, on the day before the date of enactment of this Act, are performing any of the functions required by section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651), as in effect on such date, to be performed by the members of the Board of Directors of the Commission on National and Community Service may, subject to section 193A of the National and Community Service Act of 1990, as added by subsection (a) of this section, continue to perform such functions until the date on which the Board of Directors of the Corporation for National and Community Service conducts the first meeting of the Board. The service of such individuals as members of the Board of Directors of such Commission, and the employment of such individuals as special Government employees, shall terminate on such date. (e) Government Corporation Control.— (1) Wholly owned government corporation.— Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (D) the following: “(E) the Corporation for National and Community Service.”. (2) Audits.— Section 9105(a)(1) of title 31, United States Code, is amended by inserting “, or under other Federal law,” before “or by an independent”. (f) Disposal of Property.— Section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) is amended by adding at the end the following: “(5) (A) Under such regulations as the Administrator may prescribe, the Administrator is authorized, in the discretion of the Administrator, to assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal such surplus property as is recommended by the Chief Executive Officer as being needed for national service activities. “(B) Subject to the disapproval of the Administrator, within 30 days after notice to the Administrator by the Chief Executive Officer of the Corporation for National and Community Service of a proposed transfer of property for such activities, the Chief Executive Officer, through such officers or employees of the Corporation as the Chief Executive Officer may designate, may sell, lease, or donate such property to any entity tn at receives financial assistance under the National and Community Service Act of 1990 for such activities. “(C) In fixing the sale or lease value of such property, the Chief Executive Officer of the Corporation for National and Community Service shall comply with the requirements of paragraph (1)(C).”. (g) Inspector General.— (1) Special provisions in inspector general act of 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 8E and 8F as sections 8F and 8G, respectively, and inserting after section 8D the following 5 USC app. 8E–8G. new section: “special provisions concerning the corporation for national and community service “Sec. 8E. (a) Notwithstanding the provisions of paragraphs 5 USC app. 8E. (7) and (8) of section 6(a), it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to— “(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Trust Act of 1993; and “(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of title 5, United States Code, as may be necessary to carry out the functions, powers, and duties of the Inspector General. “(b) No later than the date on which the Chief Executive Reports. Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (a) or (b) of section 5, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation. “(c) No later than the date on which the Chief Executive Officer Reports. of the Corporation for National and Community Service transmits a report described under section 5(b) to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 5(b)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports. “(d) No later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 5(d) to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.”. (2) Termination of status as designated federal ENTITY.— (A) In general.— Section 8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated by paragraph (1) of this subsection) is amended by striking out “ACTION,”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (3) Transfer.— (A) In general.— Section 9(a)(1) of the Inspector General 5 USC app. 9. Act of 1978 (5 U.S.C. App.) is amended— (i) in subparagraph (T), by striking out “and” at the end thereof; and (ii) by adding at the end thereof the following new subparagraph: “(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (4) Head of establishment and establishment.— Section 5 USC app. 11. 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting “; the Chief Executive Officer of the Corporation for National and Community Service;” after “Thrift Depositor Protection Oversight Board”; and (B) in paragraph (2) by inserting “, the Corporation for National and Community Service,” after “United States Information Agency”. (5) Technical and conforming amendments to the INSPECTOR GENERAL ACT OF 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking out “section 8E(a)(2), and any” and inserting in lieu thereof “section 8F(a)(2), and any”; (ii) by striking out “section 8E(a)(1)” and inserting in lieu thereof “section 8F(a)(1)”; and (iii) by striking out “section 8E(a)(2).” and inserting in lieu thereof “section 8F(a)(2).”; and (B) in section 8G (as redesignated by paragraph (1) of this subsection)— (i) by striking out “or 8D” and inserting in lieu thereof “8D, or 8E”; and (ii) by striking out “section 8E(a)” and inserting in lieu thereof “section 8F(ar. (6) Postal service technical and conforming amendments.— Section 410(b) of title 39, United States Code, is amended— (A) in paragraph (8) by striking out “and” after the semicolon; (B) in the first paragraph (9) by striking out the period and inserting in lieu thereof a semicolon and “and”; and (C) by striking out the second paragraph (9) and inserting in lieu thereof the following: “(10) the provisions of section 8F of the Inspector General Act of 1978.”. (h) Table of Contents.— Section 1(b) of the National and Community Service Act of 1990 (Public Law 101–610; 104 Stat. 3127) is amended by striking the items relating to subtitle G of title I of such Act and inserting the following: “Subtitle G— Corporation for National and Community Service “Sec. 191. Corporation for National and Community Service. “Sec. 192. Board of Directors. “Sec. 192A. Authorities and duties of the Board of Directors. “Sec. 193. Chief Executive Officer. “Sec. 193A. Authorities and duties of the Chief Executive Officer. “Sec. 194. Officers. “Sec. 195. Employees, consultants, and other personnel. “Sec. 196. Administration. “Sec. 196A. Corporation State offices.’. (i) Effective Dates.— (1) In general.— Except as provided in paragraph (2), or paragraph (2) or (3) of subsection (g), the amendments made by this section shall take effect on October 1, 1993. (2) Establishment and appointment authorities.— Sections 191, 192, and 193 of the National and Community Service Act of 1990, as added by subsection (a), shall take effect on the date of enactment of this Act.

  14. National and Community Service Trust Act of 1993

    Pub. L. 103–82 § 202(g)(6)(C) · 107 Stat. 785

    Struck · 39 U.S.C. § 410(b)(9)

    Pub. L. 103–82, § 202(g)(6)(C), struck out second par. (9) which provided for applicability to Postal Service of the provisions of section 8E of Inspector General Act of 1978

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–82, § 202(g)(6)(C), struck out second par. (9) which provided for applicability to Postal Service of the provisions of section 8E of Inspector General Act of 1978.

    Enacted provision · exact public law section
    SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND ACTION AGENCY. (a) National and Community Service Act of 1990.— Subtitle G of title I of the National and Community Service Act of 1990 (42 U.S.C. 12651) is amended to read as follows: “Subtitle G— Corporation for National and Community Service “SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE. “There is established a Corporation for National and Community Service that shall administer the programs established under this Act. The Corporation shall be a Government corporation, as defined in section 103 of title 5, United States Code. “SEC. 192. BOARD OF DIRECTORS. “(a) Composition.— “(1) In general.— There shall be in the Corporation a Board of Directors (referred to in this subtitle as the ‘Board’) that shall be composed of— “(A) 15 members, including an individual between the ages of 16 and 25 who— “(i) has served in a school-based or community-based service-learning program; or “(ii) is or was a participant or a supervisor in a program; to be appointed by the President, by and with the advice and consent of the Senate; and “(B) the ex officio nonvoting members described in paragraph (3). “(2) Qualifications.— To the maximum extent practicable, the President shall appoint members— “(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government; “(B) who represent a broad range of viewpoints; “(C) who are experts in the delivery of human, educational, environmental, or public safety services; “(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and “(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party. “(3) Ex officio members.— The Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board. “(b) Officers.— “(1) Chairperson.— The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members. “(2) Vice chairperson.— The Board shall elect a Vice Chairperson from among its membership. “(3) Other officers.— The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate. “(c) Terms.— Each appointed member of the Board shall serve for a term of 5 years, except that, as designated by the President— “(1) 3 of the members first appointed to the Board shall serve for a term of 1 year; “(2) 3 of the members first appointed to the Board shall serve for a term of 2 years; “(3) 3 of the members first appointed to the Board shall serve for a term of 3 years; “(4) 3 of the members first appointed to the Board shall serve for a term of 4 years; and “(5) 3 of the members first appointed to the Board shall serve for a term of 5 years. “(d) Vacancies.— If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. “SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF DIRECTORS. “(a) Meetings.— The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing. “(b) Quorum.— A majority of the appointed members of the Board shall constitute a quorum. “(c) Authorities of Officers.— “(1) Chairperson.— The Chairperson of the Board may call and conduct meetings of the Board. “(2) Vice chairperson.— The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson. “(d) Expenses.— While away from their homes or regular places of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for persons employed intermittently in the Government service. “(e) Special Government Employees.— For purposes of the provisions of chapter 11 of part I of title 18, United States Code, and any other provision of Federal law, a member of the Board (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(f) Status of Members.— “(1) Tort claims.— For the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a member of the Board shall be considered to be a Federal employee. “(2) Other claims.— A member of the Board shall have no personal liability under Federal law with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the Board. “(3) Effect on other law.— This subsection shall not be construed— “(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such transactions; “(B) to affect any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a member of the Board participating in such transactions; or “(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. “(g) Duties.— The Board shall— “(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan; “(2) review and approve the proposal described in section 193A(b)(2)(A), with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section; “(3) review and approve the proposal described in section 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section; “(4) review and approve the evaluation plan described in section 193A(b)(4)(A); “(5) (A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of this Act; “(6) receive any report as provided under subsection (b), (c), or (d) of section 8E of the Inspector General Act of 1978; “(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs; “(8) advise the President and the Congress concerning developments in national and community service that merit the attention of the President and the Congress; “(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and “(10) prepare and make recommendations to the Congress and the President for changes in this Act resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 193A(b)(10), which recommendations shall be submitted to the Congress and President not later than September 30, 1995. “(h) Administration.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board. “(i) Limitation on Participation.— All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest. “(j) Coordination With Other Federal Activities.— As part of the agenda of meetings of the Board under subsection (a), the Board shall review projects and programs conducted or funded by the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in section 192(a)(3) shall jointly plan, implement, and fund activities in connection with projects and programs conducted under the national service laws to ensure that Federal efforts attempt to address the total needs of participants in such programs and projects, their communities, and the persons and communities the participants serve. “SEC. 193. CHIEF EXECUTIVE OFFICER. “(a) Appointment.— The Corporation shall be headed by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) Compensation.— The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. “(c) Regulations.— The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out this Act. “SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER “(a) General Powers and Duties.— The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in section 8E of the Inspector General Act of 1978. “(b) Duties.— In addition to the duties conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer shall— “(1) prepare and submit to the Board a strategic plan every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation; “(2) (A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(2), make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under this Act, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions as are necessary or appropriate to carry out this Act; “(3) (A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(3)— “(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out this Act; and “(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out this Act; “(4) (A) prepare and submit to the Board a plan for the evaluation of programs established under this Act, in accordance with section 179; and “(B) after receiving an approved proposal under section 192A(g)(4)— “(i) establish measurable performance goals and objectives for such programs, in accordance with section 179; and “(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section; “(5) consult with appropriate Federal agencies in administering the programs and initiatives; “(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 176; “(7) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives; “(8) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of this Act between— “(A) the actions of the Chief Executive Officer; and “(B) (i) the strategic plan approved by the Board under section 192A(g)(1); “(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or “(iii) the evaluation plan approved by the Board under section 192A(g)(4); “(9) prepare and submit to the appropriate committees of Congress an annual report, and such interim reports as may be necessary, describing— “(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 196(a) that have been accepted by the Corporation; “(B) the manner in which the Corporation used or disposed of such services, money, and property; and “(C) information on the results achieved by the programs funded under this Act during the year preceding the year in which the report is prepared; “(10) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related “(A) the administration and organization of programs authorized under the national service laws or under Public Law 91–378 (referred to in this subparagraph as ‘service programs’), including— “(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 122(c)(1) are being addressed by this Act; “(ii) the manner in which— “(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and “(II) such outcomes should be defined and measured in such service programs; “(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families; “(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs; “(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions; “(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and “(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and “(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA service corps assisted under subtitle C and other programs authorized by this Act, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service; and “(11) for purposes of section 178(d)(6)(B), issue regulations Regulations. to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity of which such member of the Board or such member of the State Commission is, or in the 1-year period before the submis-sion of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee. “(c) Powers.— In addition to the authority conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer may— “(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may be appropriate to enable the two divisions to coordinate common support functions; “(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act; “(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and, with the consent of any State, or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursement; “(4) allocate and expend funds made available under this Act; “(5) disseminate, without regard to the provisions of section 3204 of title 39, United States Code, data and information, in such form as the Chief Executive Officer shall determine to be appropriate to public agencies, private organizations, and the general public; “(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31, United States Code (commonly known as the Federal Claims Collection Act of 1966’); “(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United States, with respect to a claim arising under this Act; “(8) exercise the authorities of the Corporation under section 196; “(9) consolidate the reports to Congress required under this Act, and the report required under section 9106 of title 31, United States Code, into a single report, and submit the report to Congress on an annual basis; and “(10) generally perform such functions and take such steps consistent with the objectives and provisions of this Act, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions. “(d) Delegation.— “(1) Definition.— As used in this subsection, the term ‘function’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. “(2) In general.— Except as otherwise prohibited by law or provided in this Act, the Chief Executive Officer may delegate any function under this Act, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of responsibility for the administration of such function. “(3) Function of board.— The Chief Executive Officer may not delegate a function of the Board without the permission of the Board. “(e) Actions.— In an action described in subsection (c)(7)— “(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy; “(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office; “(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and “(4) nothing in this section shall be construed to except litigation arising out of activities under this Act from the application of sections 509, 517, 547, and 2679 of title 28, United States Code. “(f) Evaluations.— “(1) Evaluation of living allowance.— The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under subtitles C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs. “(2) Evaluation of success of investment in national SERVICE.— “(A) Evaluation required.— The Corporation shall arrange for the independent evaluation of the operation of subtitle C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section 121. “(B) Period covered by evaluation.— The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under section 121, and ending on a date that is as close as is practicable to the date specified in subsection (b)(10). “(C) Income levels of participants.— The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under section 121 or in an approved national service position. The total income of the participant shall be determined as of the date the participant was first selected to participate in such a program and shall include family total income unless the evaluating entity determines that the participant was independent at the time of selection. “(D) Assistance for distressed areas.— The evaluating entity shall also determine the amount of assistance provided under section 121 during the period covered by the report that has been expended for projects conducted in areas of economic distress described in section 133(c)(6). “(E) Definitions.— Ab used in this paragraph: “(i) Independent.— The term ‘independent’ has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087w(d)). “(ii) Total income.— The term ‘total income’ has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087w(a)). “SEC. 194. OFFICERS. “(a) Managing Directors.— “(1) IN general.— There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Chief Executive Officer. “(2) Compensation.— The Managing Directors shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors. “(b) Inspector General.— “(1) Office.— There shall be in the Corporation an Office of the Inspector General. “(2) Appointment.— The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978. “(3) Compensation.— The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Chief Financial Officer — “(1) Office.— There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Compensation.— The Chief Financial Officer shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Chief Financial Officer shall— “(A) report directly to the Chief Executive Officer regarding financial management matters; “(B) oversee all financial management activities relating to the programs and operations of the Corporation; “(C) develop and maintain an integrated accounting and financial management system for the Corporation, including financial reporting and internal controls; “(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and “(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation. “(d) Assistant Directors for VISTA and National Senior Volunteer Corps.— “(1) Appointment.— One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which— “(A) 1 Assistant Director shall be responsible for programs carried out under parts A and B of title I of the domestic Volunteer Service Act of 1973 (the Volunteers in Service to America (VISTA) program) and other anti-poverty programs under title I of that Act; “(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program); “(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and “(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program). “(2) Effective date for exercise of authority.— Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993. “SEC. 196. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL. “(a) Employees.— Except as provided in subsection (b), section 194(d), and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation. “(b) Alternative Personnel System.— “(1) Authority.— The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis. “(2) Appointment in the competitive service after employment under alternative personnel system.— The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause). “(3) Selection and compensation system.— “(A) Establishment of system.— The Chief Executive Regulations. Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system. “(B) Application.— The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A). “(C) Selection.— The system established under subparagraph (A) shall provide for the selection of employees— “(i) through a competitive process; and “(ii) on the basis of the qualifications of applicants and the requirements of the positions. “(D) Compensation.— The system established under subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The rate of compensation for each employee compensated under the system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Corporation Representative in Each State.— “(1) Designation of representative.— The Corporation shall designate 1 employee of the Corporation for each State or group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in this Act in the State or States. “(2) Duties.— The representative designated under this subsection for a State or group of States shall serve as the liaison between— “(A) the Corporation and the State Commission that is established in the State or States; “(B) the Corporation and any subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 121 directly from the Corporation; and “(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State. “(3) Member of state commission.— The representative designated under this subsection for a State or group of States shall also serve as a member of the State Commission established in the State or States, as described in section 178(c)(3). “(4) Compensation.— If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to section 195(b), the rate of compensation for such employee may not exceed the maximum rate of basic pay pay-able for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “(d) Consultants.— The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with section 3109(b) of title 5, United States Code. “(e) Details of Personnel.— The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under this Act. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. “(f) Advisory Committees — “(1) Establishment.— The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, such as the type of programs to be established or assisted under the national service laws, priorities and criteria for such programs, and methods of conducting outreach for, and evaluation of, such programs. “(2) Composition.— Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify. “(3) Expenses.— Members of such an advisory committee may be allowed travel expenses as described in section 192A(d). “(4) Staff.— “(A) In general.— Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to— “(i) the provisions of title 5, United States Code, governing appointments in the competitive service; and “(ii) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(B) Compensation.— If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “SEC. 196. ADMINISTRATION. “(a) Donations.— “(1) Services.— “(A) Volunteers.— Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the voluntary services of individuals to assist the Corporation in carrying out the duties of the Corporation under this Act, and may provide to such individuals the travel expenses described in section 192A(d). “(B) Limitation.— Such a volunteer shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that— “(i) for the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a volunteer under this subtitle shall be considered to be a Federal employee; “(ii) for the purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subtitle shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the provisions of such subchapter shall apply; and “(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volunteer (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(C) Inherently governmental function.— “(i) In general.— Such a volunteer shall not carry out an inherently governmental function. “(ii) Regulations.— The Chief Executive Officer shall promulgate regulations to carry out this subparagraph. “(iii) Inherently governmental function.— As used in this subparagraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government. “(2) Property.— “(A) In general.— The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. “(B) Status of contribution.— Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States. “(C) Rules.— The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— “(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and “(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs. “(D) Disposition.— Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). “(3) Volunteer.— As used in this subsection, the term ‘volunteer’ does not include a participant. “(b) Contracts.— Subject to the Federal Property and Administrative Services Act of 1949, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under this Act. “(c) Office of Management and Budget.— Appropriate circulars of the Office of Management and Budget shall apply to the Corporation. “SEC. 196A. CORPORATION STATE OFFICES. “(a) In General.— The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 195(c). “(b) Duties.— Each State office established pursuant to subsection (a) shall— “(1) provide to the State Commissions established under section 178 technical and other assistance for the development and implementation of national service plans under section 178(e)(1); “(2) provide to community-based agencies and other entities within tne State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 198A; “(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State; “(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and “(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.”. (b) Domestic Volunteer Service Act of 1973.— Section 401 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5041) is amended by inserting after the second sentence the following: “The Director shall report directly to the Chief Executive Officer of the Corporation for National and Community Service.”. (c) Transfer of Functions of Commission on National and Community Service.— (1) Definitions.— For purposes of this subsection, unless otherwise provided or indicated by the context, each term specified in section 203(c)(1) shall have the meaning given the term in such section. (2) Transfer of functions.— There are transferred to the Corporation the functions that the Board of Directors or Executive Director of the Commission on National and Community Service exercised before the effective date of this subsection (including all related functions of any officer or employee of the Commission). (3) Application.— The provisions of paragraphs (3) through (10) of section 203(c) shall apply with respect to the transfer described in paragraph (2), except that— (A) for purposes of such application, references to the term “ACTION Agency” shall be deemed to be references to the Commission on National and Community Service; and (B) paragraph (10) of such section shall not preclude the transfer of the members of the Board of Directors of the Commission to the Corporation if, on the effective date of this subsection, the Board of Directors of the Corporation has not been confirmed. (d) Continuing Performance of Certain Functions.— The individuals who, on the day before the date of enactment of this Act, are performing any of the functions required by section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651), as in effect on such date, to be performed by the members of the Board of Directors of the Commission on National and Community Service may, subject to section 193A of the National and Community Service Act of 1990, as added by subsection (a) of this section, continue to perform such functions until the date on which the Board of Directors of the Corporation for National and Community Service conducts the first meeting of the Board. The service of such individuals as members of the Board of Directors of such Commission, and the employment of such individuals as special Government employees, shall terminate on such date. (e) Government Corporation Control.— (1) Wholly owned government corporation.— Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (D) the following: “(E) the Corporation for National and Community Service.”. (2) Audits.— Section 9105(a)(1) of title 31, United States Code, is amended by inserting “, or under other Federal law,” before “or by an independent”. (f) Disposal of Property.— Section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) is amended by adding at the end the following: “(5) (A) Under such regulations as the Administrator may prescribe, the Administrator is authorized, in the discretion of the Administrator, to assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal such surplus property as is recommended by the Chief Executive Officer as being needed for national service activities. “(B) Subject to the disapproval of the Administrator, within 30 days after notice to the Administrator by the Chief Executive Officer of the Corporation for National and Community Service of a proposed transfer of property for such activities, the Chief Executive Officer, through such officers or employees of the Corporation as the Chief Executive Officer may designate, may sell, lease, or donate such property to any entity tn at receives financial assistance under the National and Community Service Act of 1990 for such activities. “(C) In fixing the sale or lease value of such property, the Chief Executive Officer of the Corporation for National and Community Service shall comply with the requirements of paragraph (1)(C).”. (g) Inspector General.— (1) Special provisions in inspector general act of 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 8E and 8F as sections 8F and 8G, respectively, and inserting after section 8D the following 5 USC app. 8E–8G. new section: “special provisions concerning the corporation for national and community service “Sec. 8E. (a) Notwithstanding the provisions of paragraphs 5 USC app. 8E. (7) and (8) of section 6(a), it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to— “(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Trust Act of 1993; and “(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of title 5, United States Code, as may be necessary to carry out the functions, powers, and duties of the Inspector General. “(b) No later than the date on which the Chief Executive Reports. Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (a) or (b) of section 5, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation. “(c) No later than the date on which the Chief Executive Officer Reports. of the Corporation for National and Community Service transmits a report described under section 5(b) to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 5(b)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports. “(d) No later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 5(d) to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.”. (2) Termination of status as designated federal ENTITY.— (A) In general.— Section 8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated by paragraph (1) of this subsection) is amended by striking out “ACTION,”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (3) Transfer.— (A) In general.— Section 9(a)(1) of the Inspector General 5 USC app. 9. Act of 1978 (5 U.S.C. App.) is amended— (i) in subparagraph (T), by striking out “and” at the end thereof; and (ii) by adding at the end thereof the following new subparagraph: “(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (4) Head of establishment and establishment.— Section 5 USC app. 11. 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting “; the Chief Executive Officer of the Corporation for National and Community Service;” after “Thrift Depositor Protection Oversight Board”; and (B) in paragraph (2) by inserting “, the Corporation for National and Community Service,” after “United States Information Agency”. (5) Technical and conforming amendments to the INSPECTOR GENERAL ACT OF 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking out “section 8E(a)(2), and any” and inserting in lieu thereof “section 8F(a)(2), and any”; (ii) by striking out “section 8E(a)(1)” and inserting in lieu thereof “section 8F(a)(1)”; and (iii) by striking out “section 8E(a)(2).” and inserting in lieu thereof “section 8F(a)(2).”; and (B) in section 8G (as redesignated by paragraph (1) of this subsection)— (i) by striking out “or 8D” and inserting in lieu thereof “8D, or 8E”; and (ii) by striking out “section 8E(a)” and inserting in lieu thereof “section 8F(ar. (6) Postal service technical and conforming amendments.— Section 410(b) of title 39, United States Code, is amended— (A) in paragraph (8) by striking out “and” after the semicolon; (B) in the first paragraph (9) by striking out the period and inserting in lieu thereof a semicolon and “and”; and (C) by striking out the second paragraph (9) and inserting in lieu thereof the following: “(10) the provisions of section 8F of the Inspector General Act of 1978.”. (h) Table of Contents.— Section 1(b) of the National and Community Service Act of 1990 (Public Law 101–610; 104 Stat. 3127) is amended by striking the items relating to subtitle G of title I of such Act and inserting the following: “Subtitle G— Corporation for National and Community Service “Sec. 191. Corporation for National and Community Service. “Sec. 192. Board of Directors. “Sec. 192A. Authorities and duties of the Board of Directors. “Sec. 193. Chief Executive Officer. “Sec. 193A. Authorities and duties of the Chief Executive Officer. “Sec. 194. Officers. “Sec. 195. Employees, consultants, and other personnel. “Sec. 196. Administration. “Sec. 196A. Corporation State offices.’. (i) Effective Dates.— (1) In general.— Except as provided in paragraph (2), or paragraph (2) or (3) of subsection (g), the amendments made by this section shall take effect on October 1, 1993. (2) Establishment and appointment authorities.— Sections 191, 192, and 193 of the National and Community Service Act of 1990, as added by subsection (a), shall take effect on the date of enactment of this Act.

  15. National and Community Service Trust Act of 1993

    Pub. L. 103–82 § 202(g)(6)(C) · 107 Stat. 785

    Added · 39 U.S.C. § 410(b)(10)

    Pub. L. 103–82, § 202(g)(6)(C), added par. (10)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–82, § 202(g)(6)(C), added par. (10).

    Enacted provision · exact public law section
    SEC. 202. INTERIM AUTHORITIES OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND ACTION AGENCY. (a) National and Community Service Act of 1990.— Subtitle G of title I of the National and Community Service Act of 1990 (42 U.S.C. 12651) is amended to read as follows: “Subtitle G— Corporation for National and Community Service “SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE. “There is established a Corporation for National and Community Service that shall administer the programs established under this Act. The Corporation shall be a Government corporation, as defined in section 103 of title 5, United States Code. “SEC. 192. BOARD OF DIRECTORS. “(a) Composition.— “(1) In general.— There shall be in the Corporation a Board of Directors (referred to in this subtitle as the ‘Board’) that shall be composed of— “(A) 15 members, including an individual between the ages of 16 and 25 who— “(i) has served in a school-based or community-based service-learning program; or “(ii) is or was a participant or a supervisor in a program; to be appointed by the President, by and with the advice and consent of the Senate; and “(B) the ex officio nonvoting members described in paragraph (3). “(2) Qualifications.— To the maximum extent practicable, the President shall appoint members— “(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government; “(B) who represent a broad range of viewpoints; “(C) who are experts in the delivery of human, educational, environmental, or public safety services; “(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and “(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party. “(3) Ex officio members.— The Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board. “(b) Officers.— “(1) Chairperson.— The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members. “(2) Vice chairperson.— The Board shall elect a Vice Chairperson from among its membership. “(3) Other officers.— The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate. “(c) Terms.— Each appointed member of the Board shall serve for a term of 5 years, except that, as designated by the President— “(1) 3 of the members first appointed to the Board shall serve for a term of 1 year; “(2) 3 of the members first appointed to the Board shall serve for a term of 2 years; “(3) 3 of the members first appointed to the Board shall serve for a term of 3 years; “(4) 3 of the members first appointed to the Board shall serve for a term of 4 years; and “(5) 3 of the members first appointed to the Board shall serve for a term of 5 years. “(d) Vacancies.— If a vacancy occurs on the Board, a new member shall be appointed by the President, by and with the advice and consent of the Senate, and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. “SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF DIRECTORS. “(a) Meetings.— The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing. “(b) Quorum.— A majority of the appointed members of the Board shall constitute a quorum. “(c) Authorities of Officers.— “(1) Chairperson.— The Chairperson of the Board may call and conduct meetings of the Board. “(2) Vice chairperson.— The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson. “(d) Expenses.— While away from their homes or regular places of business on the business of the Board, members of such Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, for persons employed intermittently in the Government service. “(e) Special Government Employees.— For purposes of the provisions of chapter 11 of part I of title 18, United States Code, and any other provision of Federal law, a member of the Board (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(f) Status of Members.— “(1) Tort claims.— For the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a member of the Board shall be considered to be a Federal employee. “(2) Other claims.— A member of the Board shall have no personal liability under Federal law with respect to any claim arising out of or resulting from any act or omission by such person, within the scope of the service of the member on the Board, in connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of such member on the Board. “(3) Effect on other law.— This subsection shall not be construed— “(A) to affect any other immunities and protections that may be available to such member under applicable law with respect to such transactions; “(B) to affect any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than a member of the Board participating in such transactions; or “(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection. “(g) Duties.— The Board shall— “(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan; “(2) review and approve the proposal described in section 193A(b)(2)(A), with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section; “(3) review and approve the proposal described in section 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section; “(4) review and approve the evaluation plan described in section 193A(b)(4)(A); “(5) (A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of this Act; “(6) receive any report as provided under subsection (b), (c), or (d) of section 8E of the Inspector General Act of 1978; “(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs; “(8) advise the President and the Congress concerning developments in national and community service that merit the attention of the President and the Congress; “(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and “(10) prepare and make recommendations to the Congress and the President for changes in this Act resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 193A(b)(10), which recommendations shall be submitted to the Congress and President not later than September 30, 1995. “(h) Administration.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board. “(i) Limitation on Participation.— All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest. “(j) Coordination With Other Federal Activities.— As part of the agenda of meetings of the Board under subsection (a), the Board shall review projects and programs conducted or funded by the Corporation under the national service laws to improve the coordination between such projects and programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projects and programs. The ex officio members of the Board specified in section 192(a)(3) shall jointly plan, implement, and fund activities in connection with projects and programs conducted under the national service laws to ensure that Federal efforts attempt to address the total needs of participants in such programs and projects, their communities, and the persons and communities the participants serve. “SEC. 193. CHIEF EXECUTIVE OFFICER. “(a) Appointment.— The Corporation shall be headed by an individual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) Compensation.— The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. “(c) Regulations.— The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out this Act. “SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER “(a) General Powers and Duties.— The Chief Executive Officer shall be responsible for the exercise of the powers and the discharge of the duties of the Corporation that are not reserved to the Board, and shall have authority and control over all personnel of the Corporation, except as provided in section 8E of the Inspector General Act of 1978. “(b) Duties.— In addition to the duties conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer shall— “(1) prepare and submit to the Board a strategic plan every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation; “(2) (A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(2), make such grants and allotments, enter into such contracts, award such other financial assistance, make such payments (in lump sum or installments, and in advance or by way of reimbursement, and in the case of financial assistance otherwise authorized under this Act, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions as are necessary or appropriate to carry out this Act; “(3) (A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and “(B) after receiving and reviewing an approved proposal under section 192A(g)(3)— “(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out this Act; and “(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out this Act; “(4) (A) prepare and submit to the Board a plan for the evaluation of programs established under this Act, in accordance with section 179; and “(B) after receiving an approved proposal under section 192A(g)(4)— “(i) establish measurable performance goals and objectives for such programs, in accordance with section 179; and “(ii) provide for periodic evaluation of such programs to assess the manner and extent to which the programs achieve the goals and objectives, in accordance with such section; “(5) consult with appropriate Federal agencies in administering the programs and initiatives; “(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 176; “(7) prepare and submit to the Board an annual report, and such interim reports as may be necessary, describing the major actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives; “(8) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of this Act between— “(A) the actions of the Chief Executive Officer; and “(B) (i) the strategic plan approved by the Board under section 192A(g)(1); “(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or “(iii) the evaluation plan approved by the Board under section 192A(g)(4); “(9) prepare and submit to the appropriate committees of Congress an annual report, and such interim reports as may be necessary, describing— “(A) the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 196(a) that have been accepted by the Corporation; “(B) the manner in which the Corporation used or disposed of such services, money, and property; and “(C) information on the results achieved by the programs funded under this Act during the year preceding the year in which the report is prepared; “(10) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related “(A) the administration and organization of programs authorized under the national service laws or under Public Law 91–378 (referred to in this subparagraph as ‘service programs’), including— “(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 122(c)(1) are being addressed by this Act; “(ii) the manner in which— “(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and “(II) such outcomes should be defined and measured in such service programs; “(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families; “(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs; “(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions; “(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and “(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and “(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA service corps assisted under subtitle C and other programs authorized by this Act, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service; and “(11) for purposes of section 178(d)(6)(B), issue regulations Regulations. to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity of which such member of the Board or such member of the State Commission is, or in the 1-year period before the submis-sion of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee. “(c) Powers.— In addition to the authority conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer may— “(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may be appropriate to enable the two divisions to coordinate common support functions; “(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act; “(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, and, with the consent of any State, or political subdivision of a State, accept and utilize the services and facilities of the agencies of such State or subdivisions without reimbursement; “(4) allocate and expend funds made available under this Act; “(5) disseminate, without regard to the provisions of section 3204 of title 39, United States Code, data and information, in such form as the Chief Executive Officer shall determine to be appropriate to public agencies, private organizations, and the general public; “(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31, United States Code (commonly known as the Federal Claims Collection Act of 1966’); “(7) file a civil action in any court of record of a State having general jurisdiction or in any district court of the United States, with respect to a claim arising under this Act; “(8) exercise the authorities of the Corporation under section 196; “(9) consolidate the reports to Congress required under this Act, and the report required under section 9106 of title 31, United States Code, into a single report, and submit the report to Congress on an annual basis; and “(10) generally perform such functions and take such steps consistent with the objectives and provisions of this Act, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions. “(d) Delegation.— “(1) Definition.— As used in this subsection, the term ‘function’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. “(2) In general.— Except as otherwise prohibited by law or provided in this Act, the Chief Executive Officer may delegate any function under this Act, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of responsibility for the administration of such function. “(3) Function of board.— The Chief Executive Officer may not delegate a function of the Board without the permission of the Board. “(e) Actions.— In an action described in subsection (c)(7)— “(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy; “(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office; “(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer or the Board; and “(4) nothing in this section shall be construed to except litigation arising out of activities under this Act from the application of sections 509, 517, 547, and 2679 of title 28, United States Code. “(f) Evaluations.— “(1) Evaluation of living allowance.— The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under subtitles C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs. “(2) Evaluation of success of investment in national SERVICE.— “(A) Evaluation required.— The Corporation shall arrange for the independent evaluation of the operation of subtitle C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section 121. “(B) Period covered by evaluation.— The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under section 121, and ending on a date that is as close as is practicable to the date specified in subsection (b)(10). “(C) Income levels of participants.— The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under section 121 or in an approved national service position. The total income of the participant shall be determined as of the date the participant was first selected to participate in such a program and shall include family total income unless the evaluating entity determines that the participant was independent at the time of selection. “(D) Assistance for distressed areas.— The evaluating entity shall also determine the amount of assistance provided under section 121 during the period covered by the report that has been expended for projects conducted in areas of economic distress described in section 133(c)(6). “(E) Definitions.— Ab used in this paragraph: “(i) Independent.— The term ‘independent’ has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087w(d)). “(ii) Total income.— The term ‘total income’ has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087w(a)). “SEC. 194. OFFICERS. “(a) Managing Directors.— “(1) IN general.— There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Chief Executive Officer. “(2) Compensation.— The Managing Directors shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors. “(b) Inspector General.— “(1) Office.— There shall be in the Corporation an Office of the Inspector General. “(2) Appointment.— The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978. “(3) Compensation.— The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Chief Financial Officer — “(1) Office.— There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Compensation.— The Chief Financial Officer shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(3) Duties.— The Chief Financial Officer shall— “(A) report directly to the Chief Executive Officer regarding financial management matters; “(B) oversee all financial management activities relating to the programs and operations of the Corporation; “(C) develop and maintain an integrated accounting and financial management system for the Corporation, including financial reporting and internal controls; “(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and “(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation. “(d) Assistant Directors for VISTA and National Senior Volunteer Corps.— “(1) Appointment.— One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which— “(A) 1 Assistant Director shall be responsible for programs carried out under parts A and B of title I of the domestic Volunteer Service Act of 1973 (the Volunteers in Service to America (VISTA) program) and other anti-poverty programs under title I of that Act; “(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program); “(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and “(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program). “(2) Effective date for exercise of authority.— Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993. “SEC. 196. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL. “(a) Employees.— Except as provided in subsection (b), section 194(d), and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation. “(b) Alternative Personnel System.— “(1) Authority.— The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis. “(2) Appointment in the competitive service after employment under alternative personnel system.— The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from the Corporation (other than by removal for cause). “(3) Selection and compensation system.— “(A) Establishment of system.— The Chief Executive Regulations. Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of the Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system. “(B) Application.— The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A). “(C) Selection.— The system established under subparagraph (A) shall provide for the selection of employees— “(i) through a competitive process; and “(ii) on the basis of the qualifications of applicants and the requirements of the positions. “(D) Compensation.— The system established under subparagraph (A) shall include a scheme for the classification of positions in the Corporation. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The rate of compensation for each employee compensated under the system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. “(c) Corporation Representative in Each State.— “(1) Designation of representative.— The Corporation shall designate 1 employee of the Corporation for each State or group of States to serve as the representative of the Corporation in the State or States and to assist the Corporation in carrying out the activities described in this Act in the State or States. “(2) Duties.— The representative designated under this subsection for a State or group of States shall serve as the liaison between— “(A) the Corporation and the State Commission that is established in the State or States; “(B) the Corporation and any subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 121 directly from the Corporation; and “(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State. “(3) Member of state commission.— The representative designated under this subsection for a State or group of States shall also serve as a member of the State Commission established in the State or States, as described in section 178(c)(3). “(4) Compensation.— If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to section 195(b), the rate of compensation for such employee may not exceed the maximum rate of basic pay pay-able for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “(d) Consultants.— The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with section 3109(b) of title 5, United States Code. “(e) Details of Personnel.— The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to the Corporation to assist the Corporation in carrying out the duties of the Corporation under this Act. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. “(f) Advisory Committees — “(1) Establishment.— The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, such as the type of programs to be established or assisted under the national service laws, priorities and criteria for such programs, and methods of conducting outreach for, and evaluation of, such programs. “(2) Composition.— Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify. “(3) Expenses.— Members of such an advisory committee may be allowed travel expenses as described in section 192A(d). “(4) Staff.— “(A) In general.— Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to— “(i) the provisions of title 5, United States Code, governing appointments in the competitive service; and “(ii) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(B) Compensation.— If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of title 5, United States Code. “SEC. 196. ADMINISTRATION. “(a) Donations.— “(1) Services.— “(A) Volunteers.— Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the voluntary services of individuals to assist the Corporation in carrying out the duties of the Corporation under this Act, and may provide to such individuals the travel expenses described in section 192A(d). “(B) Limitation.— Such a volunteer shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that— “(i) for the purposes of the tort claims provisions of chapter 171 of title 28, United States Code, a volunteer under this subtitle shall be considered to be a Federal employee; “(ii) for the purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subtitle shall be considered to be employees, as defined in section 8101(1)(B) of title 5, United States Code, and the provisions of such subchapter shall apply; and “(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volunteer (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. “(C) Inherently governmental function.— “(i) In general.— Such a volunteer shall not carry out an inherently governmental function. “(ii) Regulations.— The Chief Executive Officer shall promulgate regulations to carry out this subparagraph. “(iii) Inherently governmental function.— As used in this subparagraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government. “(2) Property.— “(A) In general.— The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. “(B) Status of contribution.— Any donation accepted under subparagraph (A) shall be considered to be a gift, devise, or bequest to, or for the use of, the United States. “(C) Rules.— The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— “(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and “(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs. “(D) Disposition.— Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accordance with title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). “(3) Volunteer.— As used in this subsection, the term ‘volunteer’ does not include a participant. “(b) Contracts.— Subject to the Federal Property and Administrative Services Act of 1949, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal and State agencies, private firms, institutions, and individuals to conduct activities necessary to assist the Corporation in carrying out the duties of the Corporation under this Act. “(c) Office of Management and Budget.— Appropriate circulars of the Office of Management and Budget shall apply to the Corporation. “SEC. 196A. CORPORATION STATE OFFICES. “(a) In General.— The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 195(c). “(b) Duties.— Each State office established pursuant to subsection (a) shall— “(1) provide to the State Commissions established under section 178 technical and other assistance for the development and implementation of national service plans under section 178(e)(1); “(2) provide to community-based agencies and other entities within tne State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 198A; “(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State; “(4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and “(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.”. (b) Domestic Volunteer Service Act of 1973.— Section 401 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5041) is amended by inserting after the second sentence the following: “The Director shall report directly to the Chief Executive Officer of the Corporation for National and Community Service.”. (c) Transfer of Functions of Commission on National and Community Service.— (1) Definitions.— For purposes of this subsection, unless otherwise provided or indicated by the context, each term specified in section 203(c)(1) shall have the meaning given the term in such section. (2) Transfer of functions.— There are transferred to the Corporation the functions that the Board of Directors or Executive Director of the Commission on National and Community Service exercised before the effective date of this subsection (including all related functions of any officer or employee of the Commission). (3) Application.— The provisions of paragraphs (3) through (10) of section 203(c) shall apply with respect to the transfer described in paragraph (2), except that— (A) for purposes of such application, references to the term “ACTION Agency” shall be deemed to be references to the Commission on National and Community Service; and (B) paragraph (10) of such section shall not preclude the transfer of the members of the Board of Directors of the Commission to the Corporation if, on the effective date of this subsection, the Board of Directors of the Corporation has not been confirmed. (d) Continuing Performance of Certain Functions.— The individuals who, on the day before the date of enactment of this Act, are performing any of the functions required by section 190 of the National and Community Service Act of 1990 (42 U.S.C. 12651), as in effect on such date, to be performed by the members of the Board of Directors of the Commission on National and Community Service may, subject to section 193A of the National and Community Service Act of 1990, as added by subsection (a) of this section, continue to perform such functions until the date on which the Board of Directors of the Corporation for National and Community Service conducts the first meeting of the Board. The service of such individuals as members of the Board of Directors of such Commission, and the employment of such individuals as special Government employees, shall terminate on such date. (e) Government Corporation Control.— (1) Wholly owned government corporation.— Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (D) the following: “(E) the Corporation for National and Community Service.”. (2) Audits.— Section 9105(a)(1) of title 31, United States Code, is amended by inserting “, or under other Federal law,” before “or by an independent”. (f) Disposal of Property.— Section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)) is amended by adding at the end the following: “(5) (A) Under such regulations as the Administrator may prescribe, the Administrator is authorized, in the discretion of the Administrator, to assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal such surplus property as is recommended by the Chief Executive Officer as being needed for national service activities. “(B) Subject to the disapproval of the Administrator, within 30 days after notice to the Administrator by the Chief Executive Officer of the Corporation for National and Community Service of a proposed transfer of property for such activities, the Chief Executive Officer, through such officers or employees of the Corporation as the Chief Executive Officer may designate, may sell, lease, or donate such property to any entity tn at receives financial assistance under the National and Community Service Act of 1990 for such activities. “(C) In fixing the sale or lease value of such property, the Chief Executive Officer of the Corporation for National and Community Service shall comply with the requirements of paragraph (1)(C).”. (g) Inspector General.— (1) Special provisions in inspector general act of 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 8E and 8F as sections 8F and 8G, respectively, and inserting after section 8D the following 5 USC app. 8E–8G. new section: “special provisions concerning the corporation for national and community service “Sec. 8E. (a) Notwithstanding the provisions of paragraphs 5 USC app. 8E. (7) and (8) of section 6(a), it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to— “(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Trust Act of 1993; and “(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of title 5, United States Code, as may be necessary to carry out the functions, powers, and duties of the Inspector General. “(b) No later than the date on which the Chief Executive Reports. Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (a) or (b) of section 5, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation. “(c) No later than the date on which the Chief Executive Officer Reports. of the Corporation for National and Community Service transmits a report described under section 5(b) to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 5(b)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports. “(d) No later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 5(d) to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.”. (2) Termination of status as designated federal ENTITY.— (A) In general.— Section 8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated by paragraph (1) of this subsection) is amended by striking out “ACTION,”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (3) Transfer.— (A) In general.— Section 9(a)(1) of the Inspector General 5 USC app. 9. Act of 1978 (5 U.S.C. App.) is amended— (i) in subparagraph (T), by striking out “and” at the end thereof; and (ii) by adding at the end thereof the following new subparagraph: “(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and”. (B) Effective date.— This paragraph shall take effect on the effective date of section 203(c)(2). (4) Head of establishment and establishment.— Section 5 USC app. 11. 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1) by inserting “; the Chief Executive Officer of the Corporation for National and Community Service;” after “Thrift Depositor Protection Oversight Board”; and (B) in paragraph (2) by inserting “, the Corporation for National and Community Service,” after “United States Information Agency”. (5) Technical and conforming amendments to the INSPECTOR GENERAL ACT OF 1978.— The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in section 4(b)(2)— (i) by striking out “section 8E(a)(2), and any” and inserting in lieu thereof “section 8F(a)(2), and any”; (ii) by striking out “section 8E(a)(1)” and inserting in lieu thereof “section 8F(a)(1)”; and (iii) by striking out “section 8E(a)(2).” and inserting in lieu thereof “section 8F(a)(2).”; and (B) in section 8G (as redesignated by paragraph (1) of this subsection)— (i) by striking out “or 8D” and inserting in lieu thereof “8D, or 8E”; and (ii) by striking out “section 8E(a)” and inserting in lieu thereof “section 8F(ar. (6) Postal service technical and conforming amendments.— Section 410(b) of title 39, United States Code, is amended— (A) in paragraph (8) by striking out “and” after the semicolon; (B) in the first paragraph (9) by striking out the period and inserting in lieu thereof a semicolon and “and”; and (C) by striking out the second paragraph (9) and inserting in lieu thereof the following: “(10) the provisions of section 8F of the Inspector General Act of 1978.”. (h) Table of Contents.— Section 1(b) of the National and Community Service Act of 1990 (Public Law 101–610; 104 Stat. 3127) is amended by striking the items relating to subtitle G of title I of such Act and inserting the following: “Subtitle G— Corporation for National and Community Service “Sec. 191. Corporation for National and Community Service. “Sec. 192. Board of Directors. “Sec. 192A. Authorities and duties of the Board of Directors. “Sec. 193. Chief Executive Officer. “Sec. 193A. Authorities and duties of the Chief Executive Officer. “Sec. 194. Officers. “Sec. 195. Employees, consultants, and other personnel. “Sec. 196. Administration. “Sec. 196A. Corporation State offices.’. (i) Effective Dates.— (1) In general.— Except as provided in paragraph (2), or paragraph (2) or (3) of subsection (g), the amendments made by this section shall take effect on October 1, 1993. (2) Establishment and appointment authorities.— Sections 191, 192, and 193 of the National and Community Service Act of 1990, as added by subsection (a), shall take effect on the date of enactment of this Act.

  16. Pub. L. 103–94 § 9(b)(2)(A) · 107 Stat. 1001

    1. Redesignated · 39 U.S.C. § 410(b)(9)

      Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C)

    2. Struck · 39 U.S.C. § 410(b)(9)

      Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by struck out such par. See below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C), struck out such par. See below.

    Enacted provision · exact public law section
    SEC. 9. GARNISHMENT OF FEDERAL EMPLOYEES PAY. (a) Subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section:

  17. Pub. L. 103–94 § 9(b)(2)(A) · 107 Stat. 1001

    1. Redesignated · 39 U.S.C. § 410(b)(10)

      Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C)

    2. Struck · 39 U.S.C. § 410(b)(10)

      Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by struck out such par. See above

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C), struck out such par. See above.

    Enacted provision · exact public law section
    SEC. 9. GARNISHMENT OF FEDERAL EMPLOYEES PAY. (a) Subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section:

  18. Pub. L. 103–94 § 9(b)(2)(B) · 107 Stat. 1001

    Added · 39 U.S.C. § 410(b)(11)

    Pub. L. 103–94, § 9(b)(2)(B), added par. (11)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 103–94, § 9(b)(2)(B), added par. (11).

    Enacted provision · exact public law section
    SEC. 9. GARNISHMENT OF FEDERAL EMPLOYEES PAY. (a) Subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section:

  19. Pub. L. 103–123 § 708(a)(2) · 107 Stat. 1226

    Substituted · 39 U.S.C. § 410(b)(9)

    Pub. L. 103–123, § 708(a)(2), substituted “chapter” for “Chapter” in par. (9) relating to title 31

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 103–123, § 708(a)(2), substituted “chapter” for “Chapter” in par. (9) relating to title 31.

  20. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(f)(tVI)(s662)(f)(1)(A) · 110 Stat. 3009

    Struck · 39 U.S.C. § 410(b)(9)

    Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(A)], struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(A)], struck out “and” at end.

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  21. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(f)(tVI)(s662)(f)(1)(B) · 110 Stat. 3009

    Substituted · 39 U.S.C. § 410(b)(10)

    Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(B)], substituted “(10) the Inspector General Act of 1978; and” for “the provisions of section 8F of the Inspector General Act of 1978.”

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(B)], substituted “(10) the Inspector General Act of 1978; and” for “the provisions of section 8F of the Inspector General Act of 1978.”

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  22. Pub. L. 107–217 § 3(k) · 116 Stat. 1062

    Amended · 39 U.S.C. § 410(b)(4)

    Pub. L. 107–217 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the following provisions of title 40:

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 107–217 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the following provisions of title 40:

    “(A) sections 258a–258e (relating to condemnation proceedings); “(B) sections 270a–270e (known as the Miller Act, relating to performance bonds); “(C) sections 276a—276a–7 (known as the Davis-Bacon Act, relating to prevailing wages); “(D) section 276c (relating to wage payments of certain contractors); “(E) chapter 5 (the Contract Work Hours Standards Act); and “(F) chapter 15 (the Government Losses in Shipment Act);”.

    Enacted provision · exact public law section
    (k) Title 39.— Section 410(b)(4) of title 39, United States Code, is amended to read as follows: “(4) the following provisions of title 40: “(A) sections 3114-3116, 3118, 3131, 3133, and 3141-3147; and “(B) chapters 37 and 173;”.

  23. Pub. L. 108–178 § 4(j)(1) · 117 Stat. 2637

    Substituted · 39 U.S.C. § 410(d)(1)

    Pub. L. 108–178, § 4(j)(1), substituted “section 3142 of title 40” for “section 276a of title 40”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 108–178, § 4(j)(1), substituted “section 3142 of title 40” for “section 276a of title 40”.

    Enacted provision · exact public law section
    (1) In paragraph (1), strike “section 276a of title 40” and substitute “section 3142 of title 40”.

    Effective date note
    Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

  24. Pub. L. 108–178 § 4(j)(2) · 117 Stat. 2637

    Substituted · 39 U.S.C. § 410(d)(2)

    Pub. L. 108–178, § 4(j)(2), substituted “section 3145 of title 40” for “section 276c of title 40”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 108–178, § 4(j)(2), substituted “section 3145 of title 40” for “section 276c of title 40”.

    Enacted provision · exact public law section
    (2) In paragraph (2), strike “section 276c of title 40” and substitute “section 3145 of title 40”.

    Effective date note
    Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

  25. Pub. L. 111–350 § 5(k) · 124 Stat. 3677

    1. Added · 39 U.S.C. § 410(b)(5)

      Pub. L. 111–350 added par. (5)

    2. Struck · 39 U.S.C. § 410(b)(5)

      Pub. L. 111–350 struck out former par. (5), which read as follows: “the following provisions of title 41:

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 111–350 added par. (5) and struck out former par. (5), which read as follows: “the following provisions of title 41:

    “(A) sections 35–45 (known as the Walsh-Healey Act, relating to wages and hours); and “(B) chapter 6 (the Service Contract Act of 1965);”.

    Enacted provision · exact public law section
    (k) Title 39.— Section 410(b) of title 39, United States Code, is amended by striking paragraph (5) and substituting— “(5) chapters 65 and 67 of title 41;” .

  26. Pub. L. 117–286 § 4(b)(63) · 136 Stat. 4196

    Substituted · 39 U.S.C. § 410(b)(10)

    Pub. L. 117–286 substituted “chapter 4 of title 5;” for “the Inspector General Act of 1978;”

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 117–286 substituted “chapter 4 of title 5;” for “the Inspector General Act of 1978;”.

    Enacted provision · exact public law section
    (63) Section 410(b)(10) of title 39, United States Code, is amended by striking “the Inspector General Act of 1978;” and inserting “chapter 4 of title 5;”.

33 of 35 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), , 113 Stat. 664.

Section 107 of title 20, known as the Randolph-Sheppard Act, referred to in subsec. (b)(3), is section 1 of act June 20, 1936, ch. 638, 49 Stat. 1559. The act of , known as the Randolph-Sheppard Act and also popularly known as the Randolph-Sheppard Vending Stand Act, is classified generally to chapter 6A (§ 107 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title notes set out under section 107 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b)(6), is Pub. L. 88–352, , 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668), referred to in subsec. (b)(7), is section 19 of Pub. L. 91–596, , 84 Stat. 1609, which enacted section 668 of Title 29, Labor, and amended section 7902 of Title 5, Government Organization and Employees.

The provisions of the Act of (42 U.S.C. 4151–4156), referred to in subsec. (b)(8), probably means Pub. L. 90–480, , 82 Stat. 718, as amended, popularly known as the Architectural Barriers Act of 1968, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables.

Reorganization Plan numbered 14 of 1950 (title 5, appendix), referred to in subsec. (d)(2), is Reorg. Plan No. 14 of 1950, eff. , 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5.

Amendments1971–2022 · 13 rounds

2022

Subsec. (b)(10). Pub. L. 117–286 substituted “chapter 4 of title 5;” for “the Inspector General Act of 1978;”.

2011

Subsec. (b)(5). Pub. L. 111–350 added par. (5) and struck out former par. (5), which read as follows: “the following provisions of title 41:

“(A) sections 35–45 (known as the Walsh-Healey Act, relating to wages and hours); and

“(B) chapter 6 (the Service Contract Act of 1965);”.

2003

Subsec. (d)(1). Pub. L. 108–178, § 4(j)(1), substituted “section 3142 of title 40” for “section 276a of title 40”.

Subsec. (d)(2). Pub. L. 108–178, § 4(j)(2), substituted “section 3145 of title 40” for “section 276c of title 40”.

2002

Subsec. (b)(4). Pub. L. 107–217 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the following provisions of title 40:

“(A) sections 258a–258e (relating to condemnation proceedings);

“(B) sections 270a–270e (known as the Miller Act, relating to performance bonds);

“(C) sections 276a—276a–7 (known as the Davis-Bacon Act, relating to prevailing wages);

“(D) section 276c (relating to wage payments of certain contractors);

“(E) chapter 5 (the Contract Work Hours Standards Act); and

“(F) chapter 15 (the Government Losses in Shipment Act);”.

1996

Subsec. (b)(9). Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(A)], struck out “and” at end.

Subsec. (b)(10). Pub. L. 104–208, § 101(f) [title VI, § 662(f)(1)(B)], substituted “(10) the Inspector General Act of 1978; and” for “the provisions of section 8F of the Inspector General Act of 1978.”

1993

Subsec. (b)(8). Pub. L. 103–82, § 202(g)(6)(A), and Pub. L. 103–123, § 708(a)(1), amended par. (8) identically, striking out “and” at end.

Subsec. (b)(9). Pub. L. 103–123, § 708(a)(2), substituted “chapter” for “Chapter” in par. (9) relating to title 31.

Pub. L. 103–82, § 202(g)(6)(B), and Pub. L. 103–123, § 708(a)(2), amended par. (9), relating to title 31, identically, substituting “; and” for period at end.

Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C), struck out such par. See below.

Pub. L. 103–82, § 202(g)(6)(C), struck out second par. (9) which provided for applicability to Postal Service of the provisions of section 8E of Inspector General Act of 1978.

Subsec. (b)(10). Pub. L. 103–94, § 9(b)(2)(A), and Pub. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (b) by redesignating par. (9), providing for applicability to Postal Service of provisions of section 8E of Inspector General Act of 1978, as (10), could not be executed because Pub. L. 103–82, § 202(g)(6)(C), struck out such par. See above.

Pub. L. 103–82, § 202(g)(6)(C), added par. (10).

Subsec. (b)(11). Pub. L. 103–94, § 9(b)(2)(B), added par. (11).

1988

Subsec. (b)(6) to (8). Pub. L. 100–504, § 104(b)(1)–(4), struck out “and” after semicolon in par. (6), substituted semicolon for period in par. (7), and substituted “the provisions” for “The provisions” and “; and” for period in par. (8).

Subsec. (b)(9). Pub. L. 100–504, § 104(b)(5), added par. (9) relating to section 8E of Inspector General Act.

Pub. L. 100–496 added par. (9) relating to chapter 39 of title 31.

1980

Subsec. (b)(1). Pub. L. 96–523 substituted “section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped” for “3102 (employment of reading assistants for blind employees and interpreting assistants for deaf”.

1978

Subsec. (b)(1). Pub. L. 95–454 inserted provisions relating to reading and interpreting assistants, and substituted provisions respecting applicability of chapter 72 of title 5, for provisions respecting applicability of chapter 71 of title 5.

1976

Subsec. (b)(1). Pub. L. 94–409 inserted references to sections 552a and 552b of title 5.

Subsec. (b)(8). Pub. L. 94–541 added par. (8).

1975

Subsec. (b)(7). Pub. L. 94–82 added par. (7).

1974

Subsec. (b)(1). Pub. L. 93–340 inserted “section 5520 (withholding city income or employment taxes),” before “and section 5532 (dual pay)”.

1971

Subsec. (b)(1). Pub. L. 91–656 inserted “section 3110 (restrictions on employment of relatives),” before “section 3333” and substituted “no regulation” for “not regulation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective , see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effective Date of 1993 Amendments; Savings Provision

Amendment by Pub. L. 103–94 effective 120 days after , but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after , with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 103–82 effective , see section 202(i) of Pub. L. 103–82, set out as an Effective Date note under section 12651 of Title 42, The Public Health and Welfare.

Effective Date of 1988 Amendments

Amendment by Pub. L. 100–504 effective 180 days after , see section 113 of Pub. L. 100–504, set out as an Effective and Termination Dates of 1988 Amendments note under section 5315 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 100–496 applicable with respect to all obligations incurred on or after , see section 14(c) of Pub. L. 100–496, set out as a note under section 3902 of Title 31, Money and Finance.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–523 effective sixty days after , see section 3 of Pub. L. 96–523, set out as a note under section 3102 of Title 5, Government Organization and Employees.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–409 effective 180 days after , see section 6 of Pub. L. 94–409, set out as an Effective Date note under section 552b of Title 5, Government Organization and Employees.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–340 effective on 90th day following , see section 3 of Pub. L. 93–340, set out as an Effective Date note under section 5520 of Title 5, Government Organization and Employees.

Effective Date of 1971 Amendment

Pub. L. 91–656, § 8(b), , 84 Stat. 1955, provided that: “The provisions of this section [amending this section] shall become effective on the effective date prescribed under section 15(a) of the Postal Reorganization Act [set out as an Effective Date note preceding section 101 of this title] for section 410 of title 39, United States Code, as enacted by that Act.”

Effective Date

Subsecs. (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this section effective , pursuant to Resolution No. 71–14 of the Board of Governors, subsecs. (b)(1), relating to section 552 of Title 5, Government Organization and Employees, and (c)(4) effective pursuant to Resolution No. 71–10 of the Board of Governors, and subsec. (d) effective , pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Applicability of Hatch Act Reform Amendments of 1993 to Postal Employees

Pub. L. 103–94, § 7, , 107 Stat. 1005, as amended by Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242, provided that: “The amendments made by this Act [enacting sections 5520a and 7321 to 7326 of Title 5, Government Organization and Employees, and section 610 of Title 18, Crimes and Criminal Procedure, amending this section, sections 1216, 2302, 3302, and 3303 of Title 5, sections 602 and 603 of Title 18, and sections 1973d and 9904 of Title 42, The Public Health and Welfare, and omitting former sections 7321 to 7328 of Title 5] (except for the amendments made by section 8 [amending sections 2302 and 3303 of Title 5]), and any regulations thereunder, shall apply with respect to employees of the United States Postal Service and the Postal Regulatory Commission, pursuant to sections 410(b) and 3604(e) [now 504(e)] of title 39, United States Code.”

Credits

1970–2022 · 18 acts
  1. 1970Pub. L. 91–375, , 84 Stat. 725
  2. 1971Pub. L. 91–656, § 8(a), , 84 Stat. 1955
  3. 1974Pub. L. 93–340, § 2, , 88 Stat. 294
  4. 1975Pub. L. 94–82, title I, § 101, , 89 Stat. 419
  5. 1976Pub. L. 94–409, § 5(a), , 90 Stat. 1247
  6. 1976Pub. L. 94–541, title II, § 203, , 90 Stat. 2508
  7. 1978Pub. L. 95–454, title III, § 302(c), title VII, § 703(c)(4), , 92 Stat. 1146, 1217
  8. 1980Pub. L. 96–523, § 1(c)(2), , 94 Stat. 3040
  9. 1988Pub. L. 100–496, § 2(c)(2), , 102 Stat. 2456
  10. 1988Pub. L. 100–504, title I, § 104(b), , 102 Stat. 2525
  11. 1993Pub. L. 103–82, title II, § 202(g)(6), , 107 Stat. 890
  12. 1993Pub. L. 103–94, § 9(b)(2), , 107 Stat. 1010
  13. 1993Pub. L. 103–123, title VII, § 708(a), , 107 Stat. 1272
  14. 1996Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(f)(1)], , 110 Stat. 3009–314, 3009–382
  15. 2002Pub. L. 107–217, § 3(k), , 116 Stat. 1301
  16. 2003Pub. L. 108–178, § 4(j), , 117 Stat. 2642
  17. 2011Pub. L. 111–350, § 5(k), , 124 Stat. 3850
  18. 2022Pub. L. 117–286, § 4(b)(63), , 136 Stat. 4350.
Show as published

(Pub. L. 91–375, , 84 Stat. 725; Pub. L. 91–656, § 8(a), , 84 Stat. 1955; Pub. L. 93–340, § 2, , 88 Stat. 294; Pub. L. 94–82, title I, § 101, , 89 Stat. 419; Pub. L. 94–409, § 5(a), , 90 Stat. 1247; Pub. L. 94–541, title II, § 203, , 90 Stat. 2508; Pub. L. 95–454, title III, § 302(c), title VII, § 703(c)(4), , 92 Stat. 1146, 1217; Pub. L. 96–523, § 1(c)(2), , 94 Stat. 3040; Pub. L. 100–496, § 2(c)(2), , 102 Stat. 2456; Pub. L. 100–504, title I, § 104(b), , 102 Stat. 2525; Pub. L. 103–82, title II, § 202(g)(6), , 107 Stat. 890; Pub. L. 103–94, § 9(b)(2), , 107 Stat. 1010; Pub. L. 103–123, title VII, § 708(a), , 107 Stat. 1272; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(f)(1)], , 110 Stat. 3009–314, 3009–382; Pub. L. 107–217, § 3(k), , 116 Stat. 1301; Pub. L. 108–178, § 4(j), , 117 Stat. 2642; Pub. L. 111–350, § 5(k), , 124 Stat. 3850; Pub. L. 117–286, § 4(b)(63), , 136 Stat. 4350.)

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