
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12651]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
       Division G--Corporation for National and Community Service
 
Sec. 12651. Corporation for National and Community Service

    There is established a Corporation for National and Community 
Service that shall administer the programs established under the 
national service laws. The Corporation shall be a Government 
corporation, as defined in section 103 of title 5.

(Pub. L. 101-610, title I, Sec. 191, as added and amended Pub. L. 103-
82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 873, 
891.)


                            Prior Provisions

    A prior section 12651, Pub. L. 101-610, title I, Sec. 190, Nov. 16, 
1990, 104 Stat. 3168; Pub. L. 102-10, Sec. 9, Mar. 12, 1991, 105 Stat. 
31; Pub. L. 102-384, Secs. 4, 10, Oct. 5, 1992, 106 Stat. 1455, 1456, 
provided for establishment of Commission on National and Community 
Service, prior to the general amendment of subtitle G of title I of Pub. 
L. 101-610 [former part G of this subchapter] by Pub. L. 103-82, 
Sec. 202(a).


                               Amendments

    1993--Pub. L. 103-82, Sec. 203(a)(1)(B), which directed amendment of 
section 191 of subtitle I of the National and Community Service Act of 
1990 by substituting ``the national service laws'' for ``this chapter'', 
was executed to this section, which is section 191 of subtitle G of 
title I of the National Community Service Act of 1990, to reflect the 
probable intent of Congress.


                    Effective Date of 1993 Amendment

    Section 203(d) of Pub. L. 103-82 provided that:
    ``(1) In general.--Except as provided in paragraph (2), this section 
[amending this section and sections 12639, 12651b to 12651d, 12651f, and 
12651g of this title, repealing sections 5041 and 5042 of this title, 
and enacting provisions set out below], and the amendments made by this 
section, shall take effect--
        ``(A) 18 months after the date of enactment of this Act [Sept. 
    21, 1993]; or
        ``(B) on such earlier date as the President shall determine to 
    be appropriate and announce by proclamation published in the Federal 
    Register.
    ``(2) Transition.--Subsection (c)(10) [set out below] shall take 
effect on the date of enactment of this Act [Sept. 21, 1993].''
    [Section 203, and the amendments made by section 203, of Pub. L. 
103-82 became effective Apr. 4, 1994, pursuant to Proc. No. 6662, Apr. 
4, 1994, 59 F.R. 16507, set out below.]


                             Effective Date

    Section 202(i) of Pub. L. 103-82 provided that:
    ``(1) In general.--Except as provided in paragraph (2), or paragraph 
(2) or (3) of subsection (g) [amending sections 8F and 9 of the 
Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix 
to Title 5, Government Organization and Employees, and enacting 
provisions set out as notes under sections 8F and 9 of such act], the 
amendments made by this section [enacting this division and section 8E 
of the Inspector General Act of 1978, Pub. L. 95-452, set out in the 
Appendix to Title 5, amending section 5041 of this title, sections 4, 
8F, 8G, 9, and 11 of the Inspector General Act of 1978, Pub. L. 95-452, 
set out in the Appendix to Title 5, sections 9101 and 9105 of Title 31, 
Money and Finance, section 410 of Title 39, Postal Service, and section 
484 of Title 40, Public Buildings, Property, and Works] 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 [42 U.S.C. 
12651, 12651a, 12651c], as added by subsection (a), shall take effect on 
the date of enactment of this Act [Sept. 21, 1993].''

  Transfer of Functions of Commission on National and Community Service

    Section 202(c) of Pub. L. 103-82 provided that:
    ``(1) Definitions.--For purposes of this subsection, unless 
otherwise provided or indicated by the context, each term specified in 
section 203(c)(1) [set out below] 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) [set out below] 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.''

                Transfer of Functions From ACTION Agency

    Section 203(c) of Pub. L. 103-82 provided that:
    ``(1) Definitions.--For purposes of this subsection, unless 
otherwise provided or indicated by the context--
        ``(A) the term `Chief Executive Officer' means the Chief 
    Executive Officer of the Corporation;
        ``(B) the term `Corporation' means the Corporation for National 
    and Community Service, established under section 191 of the National 
    and Community Service Act of 1990 [42 U.S.C. 12651];
        ``(C) the term `Federal agency' has the meaning given to the 
    term `agency' by section 551(1) of title 5, United States Code;
        ``(D) the term `function' means any duty, obligation, power, 
    authority, responsibility, right, privilege, activity, or program; 
    and
        ``(E) the term `office' includes any office, administration, 
    agency, institute, unit, organizational entity, or component 
    thereof.
    ``(2) Transfer of functions.--There are transferred to the 
Corporation the functions that the Director of the ACTION Agency 
exercised before the effective date of this subsection [see Effective 
Date of 1993 Amendment note above] (including all related functions of 
any officer or employee of the ACTION Agency).
    ``(3) Determinations of certain functions by the office of 
management and budget.--If necessary, the Office of Management and 
Budget shall make any determination of the functions that are 
transferred under paragraph (2).
    ``(4) Reorganization.--The Chief Executive Officer is authorized to 
allocate or reallocate any function transferred under paragraph (2) 
among the officers of the Corporation.
    ``(5) Transfer and allocations of appropriations and personnel.--
Except as otherwise provided in this subsection, the personnel employed 
in connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this subsection, subject to section 1531 of title 31, 
United States Code, shall be transferred to the Corporation. Unexpended 
funds transferred pursuant to this paragraph shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
    ``(6) Incidental transfer.--The Director of the Office of Management 
and Budget, at such time or times as the Director shall provide, is 
authorized to make such determinations as may be necessary with regard 
to the functions transferred by this subsection, and to make such 
additional incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, used, 
arising from, available to, or to be made available in connection with 
such functions, as may be necessary to carry out the provisions of this 
subsection. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated by 
this subsection and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this subsection.
    ``(7) Effect on personnel.--
        ``(A) In general.--Except as otherwise provided by this 
    subsection, the transfer pursuant to this subsection of full-time 
    personnel (except special Government employees) and part-time 
    personnel holding permanent positions shall be to positions in the 
    Corporation subject to section 195(a) of the National and Community 
    Service Act of 1990 [42 U.S.C. 12651f(a)], as added by section 
    202(a) of this Act, and shall not cause any such employee to be 
    separated or reduced in grade or compensation, or to have the 
    benefits of the employee reduced, for 1 year after the date of 
    transfer of such employee under this subsection, and such transfer 
    shall be deemed to be a transfer of functions for purposes of 
    section 3503 of title 5, United States Code.
        ``(B) Executive schedule positions.--Except as otherwise 
    provided in this subsection, any person who, on the day preceding 
    the effective date of this subsection [see Effective Date of 1993 
    Amendment note above], held a position compensated in accordance 
    with the Executive Schedule prescribed in chapter 53 of title 5, 
    United States Code, and who, without a break in service, is 
    appointed in the Corporation to a position having duties comparable 
    to the duties performed immediately preceding such appointment shall 
    continue to be compensated in such new position at not less than the 
    rate provided for such previous position, for the duration of the 
    service of such person in such new position.
        ``(C) Termination of certain positions.--Positions whose 
    incumbents are appointed by the President, by and with the advice 
    and consent of the Senate, the functions of which are transferred by 
    this subsection, shall terminate on the effective date of this 
    subsection.
    ``(8) Savings provisions.--
        ``(A) Continuing effect of legal documents.--All orders, 
    determinations, rules, regulations, permits, agreements, grants, 
    contracts, certificates, licenses, registrations, privileges, and 
    other administrative actions--
            ``(i) that have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions that are transferred under this 
        subsection; and
            ``(ii) that are in effect at the time this subsection takes 
        effect [see Effective Date of 1993 Amendment note above], or 
        were final before the effective date of this subsection and are 
        to become effective on or after the effective date of this 
        subsection,
    shall continue in effect according to their terms until modified, 
    terminated, superseded, set aside, or revoked in accordance with law 
    by the President, the Chief Executive Officer, or other authorized 
    official, a court of competent jurisdiction, or by operation of law.
        ``(B) Proceedings not affected.--The provisions of this 
    subsection shall not affect any proceedings, including notices of 
    proposed rulemaking, or any application for any license, permit, 
    certificate, or financial assistance pending before the ACTION 
    Agency at the time this subsection takes effect, with respect to 
    functions transferred by this subsection. Such proceedings and 
    applications shall be continued. Orders shall be issued in such 
    proceedings, appeals shall be taken therefrom, and payments shall be 
    made pursuant to such orders, as if this subsection had not been 
    enacted, and orders issued in any such proceedings shall continue in 
    effect until modified, terminated, superseded, or revoked by a duly 
    authorized official, by a court of competent jurisdiction, or by 
    operation of law. Nothing in this subparagraph shall be deemed to 
    prohibit the discontinuance or modification of any such proceeding 
    under the same terms and conditions and to the same extent that such 
    proceeding could have been discontinued or modified if this 
    subsection had not been enacted.
        ``(C) Suits not affected.--The provisions of this subsection 
    shall not affect suits commenced before the effective date of this 
    subsection, and in all such suits, proceedings shall be had, appeals 
    taken, and judgments rendered in the same manner and with the same 
    effect as if this subsection had not been enacted.
        ``(D) Nonabatement of actions.--No suit, action, or other 
    proceeding commenced by or against the ACTION Agency, or by or 
    against any individual in the official capacity of such individual 
    as an officer of the ACTION Agency, shall abate by reason of the 
    enactment of this subsection.
        ``(E) Administrative actions relating to promulgation of 
    regulations.--Any administrative action relating to the preparation 
    or promulgation of a regulation by the ACTION Agency relating to a 
    function transferred under this subsection may be continued by the 
    Corporation with the same effect as if this subsection had not been 
    enacted.
    ``(9) Severability.--If a provision of this subsection or its 
application to any person or circumstance is held invalid, neither the 
remainder of this subsection nor the application of the provision to 
other persons or circumstances shall be affected.
    ``(10) Transition.--Prior to, or after, any transfer of a function 
under this subsection, the Chief Executive Officer is authorized to 
utilize--
        ``(A) the services of such officers, employees, and other 
    personnel of the ACTION Agency with respect to functions that will 
    be or have been transferred to the Corporation by this subsection; 
    and
        ``(B) funds appropriated to such functions for such period of 
    time as may reasonably be needed to facilitate the orderly 
    implementation of this subsection.''


 Continuing Performance of Certain Functions by Commission on National 
                          and Community Service

    Section 202(d) of Pub. L. 103-82 provided that: ``The individuals 
who, on the day before the date of enactment of this Act [Sept. 21, 
1993], 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 [42 U.S.C. 12651d], 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.''


    Business Plan for Corporation for National and Community Service

    Section 204 of Pub. L. 103-82 provided that:
    ``(a) Business Plan Required.--
        ``(1) In general.--The Corporation for National and Community 
    Service (referred to in this section as the `Corporation') shall 
    prepare and submit to Congress a business plan. The Corporation may 
    not provide assistance under section 121 of the National and 
    Community Service Act of 1990 [42 U.S.C. 12571] before the twentieth 
    day of continuous session of Congress after the date on which the 
    Corporation submits the business plan to Congress.
        ``(2) Computation.--For purposes of the computation of the 20-
    day period referred to in paragraph (1), continuity of a session of 
    the Congress shall be considered to be broken only by--
            ``(A) an adjournment of the Congress sine die; and
            ``(B) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a date certain.
    ``(b) Required Elements of Business Plan.--
        ``(1) Allocation of funds.--The business plan shall contain--
            ``(A) a description of the manner in which the Corporation 
        will allocate funds for programs carried out by the Corporation 
        after October 1, 1993;
            ``(B) information on the principal offices and officers of 
        the Corporation that will allocate such funds; and
            ``(C) information that indicates how accountability for such 
        funds can be determined, in terms of the office or officer 
        responsible for such funds.
        ``(2) Investigative and audit functions.--The business plan 
    shall include a description of the plans of the Corporation--
            ``(A) to ensure continuity, during the transition period, 
        and after the transition period, in the investigative and audit 
        functions carried out by the Inspector General of ACTION prior 
        to such period, consistent with the Inspector General Act of 
        1978 (5 U.S.C. App.); and
            ``(B) to carry out investigative and audit functions and 
        implement financial management controls regarding programs 
        carried out by the Corporation after October 1, 1993, consistent 
        with the Inspector General Act of 1978, including a specific 
        description of--
                ``(i) the manner in which the Office of Inspector 
            General shall be established in the Corporation, in 
            accordance with section 194(b) of the National Community 
            Service Act of 1990 [42 U.S.C. 12651e(b)], as added by 
            section 202 of this Act; and
                ``(ii) the manner in which grants made by the 
            Corporation shall be audited by such Office and the 
            financial management controls that shall apply with regard 
            to such grants and programs.
        ``(3) Accountability measures.--The business plan shall include 
    a detailed description of the accountability measures to be 
    established by the Corporation to ensure effective control of all 
    funds for programs carried out by the Corporation after October 1, 
    1993.
        ``(4) Information resources.--The business plan shall include a 
    description of an information resource management program that will 
    support the program and financial management needs of the 
    Corporation.
        ``(5) Corporation staffing and integration of action.--
            ``(A) Transfers.--The business plan shall include a report 
        on the progress and plans of the President for transferring the 
        functions, programs, and related personnel of ACTION to the 
        Corporation, and shall include a timetable for the transfer.
            ``(B) Details and assignments.--The report shall specify the 
        number of ACTION employees detailed or assigned to the 
        Corporation, and describe the hiring activity of the 
        Corporation, during the transition period.
            ``(C) Structure.--The business plan shall include a 
        description of the organizational structure of the Corporation 
        during the transition period.
            ``(D) Staffing.--The business plan shall include a 
        description of--
                ``(i) measures to ensure adequate staffing during the 
            transition period with respect to programs carried out by 
            the Corporation after October 1, 1993; and
                ``(ii) the responsibilities and authorities of the 
            Managing Directors and other key personnel of the 
            Corporation.
            ``(E) Senior executive service.--The business plan shall 
        include--
                ``(i) an explanation of the number of the employees of 
            the Corporation who will be paid at or above the rate of pay 
            for level 1 of the Senior Executive Service Schedule under 
            section 5382 of title 5, United States Code; and
                ``(ii) information justifying such pay for such 
            employees.
        ``(6) Duplication of functions.--The business plan shall include 
    a description of the measures that the Corporation is taking or will 
    take to minimize duplication of functions in the Corporation caused 
    by the transfer of the functions of the Commission on National and 
    Community Service, and the transfer of the functions of ACTION, to 
    the Corporation. This description shall address functions at both 
    the national and State levels.
    ``(c) Definition.--The term `transition period' means the period 
beginning on October 1, 1993 and ending on the day before the effective 
date of section 203(c)(2) [see Effective Date of 1993 Amendment note 
above].''

 Proc. No. 6662. Transfer of Functions of ACTION Agency to Corporation 
                   for National and Community Service

    Proc. No. 6662, Apr. 4, 1994, 59 F.R. 16507, provided:
    On September 21, 1993, I had the honor of signing into law the 
National and Community Service Trust Act of 1993 [Pub. L. 103-82, see 
Tables for classification], which created the Corporation for National 
and Community Service. The Corporation was designed to involve Americans 
of all ages and backgrounds in community projects to address many of our 
Nation's most important needs--from educating our children to ensuring 
public safety to protecting our environment. It was chartered to foster 
civic responsibility, strengthening the ties that bind us together as a 
people, while providing educational opportunity for those who make the 
commitment to serve.
    In the few short months since the Corporation's establishment, 
enormous progress has been made toward the achievement of these 
invaluable goals. Final regulations have been published governing the 
Corporation's new grant programs, grant application packages have been 
developed, and a national recruitment effort has begun. As a result of 
intensive outreach efforts, most states have already established State 
Commissions on National and Community Service, and many local programs, 
national nonprofit organizations, institutions of higher education, and 
Federal agencies are eager to participate. Grant competitions have begun 
for a summer program that will focus on our Nation's public safety 
concerns, and all community service grant competitions will be completed 
by this summer. Finally, the Corporation has established the National 
Civilian Community Corps, which will take advantage of closed and down-
sized military bases to launch environmental clean-up and preservation 
efforts.
    The ACTION Agency, provided for by the Domestic Volunteer Service 
Act of 1973 [42 U.S.C. 4950 et seq.], has worked closely with the 
Corporation, sharing its many years of experience in engaging Americans 
in service to their communities. Because the Corporation's initiatives 
and those programs operated by the ACTION Agency involve similar goals, 
the National and Community Service Trust Act calls for the merger of 
ACTION with the Corporation no later than March 22, 1995. To build upon 
the tremendous accomplishments already achieved by the Corporation, and 
to facilitate the further development of community service programs 
across the country, I am pleased to order that the functions of the 
Director of the ACTION Agency be transferred to the Corporation for 
National and Community Service.
    NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United 
States of America, acting under the authority vested in me by the 
Constitution and the laws of the United States of America, including but 
not limited to sections 203(c)(2) and (d)(1)(B) of the National and 
Community Service Trust Act of 1993 [set out above], proclaim that all 
functions of the Director of the ACTION Agency are hereby transferred to 
the Corporation for National and Community Service, effective April 4, 
1994.
    IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of 
April, in the year of our Lord nineteen hundred and ninety-four, and of 
the Independence of the United States of America the two hundred and 
eighteenth.
                                                     William J. Clinton.

Ex. Ord. No. 12819. Establishing Presidential Youth Award for Community 
                                 Service

    Ex. Ord. No. 12819, Oct. 28, 1992, 57 F.R. 49369, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 12651 of 
title 42 of the United States Code [see 42 U.S.C. 12653b], it is hereby 
ordered as follows:
    Section 1. A youth award for community service is hereby 
established. The award shall recognize outstanding voluntary community 
service contributions made by individuals between the ages of 5 and 22.
    Sec. 2. The Director of the White House Office of National Service 
shall establish the criteria for the award. The criteria shall be based 
upon participation in voluntary community service activity. The award 
may be bestowed upon any eligible individual who meets the established 
criteria.
    Sec. 3. The selection process for the award shall be administered by 
the Commission on National and Community Service and the White House 
Office of National Service. Such other individuals and entities as the 
Director of the White House Office of National Service deems appropriate 
may participate in the selection process.
    Sec. 4. The award shall be presented by the President, his designee 
or designees, or individuals designated by the Director of the White 
House Office of National Service.
    Sec. 5. The name and design of the award shall be approved by the 
President upon the recommendation of the Director of the White House 
Office of National Service.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 5061, 12511 of this title.
