
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12651b]

 
                 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. 12651b. 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 
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, 
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, 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 
    12651d(b)(1) of this title, and annual updates of the plan;
        (2) review and approve the proposal described in section 
    12651d(b)(2)(A) of this title, 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 
    12651d(b)(3)(A) of this title, regarding the regulations, standards, 
    policies, procedures, programs, and initiatives referred to in such 
    section;
        (4) review and approve the evaluation plan described in section 
    12651d(b)(4)(A) of this title;
        (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 the national service laws; 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 the national service laws;
        (6) receive any report as provided under subsection (b), (c), or 
    (d) of section 8E \1\ of the Inspector General Act of 1978;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (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;
        (10) notwithstanding any other provision of law, make grants to 
    or contracts with Federal or other public departments or agencies 
    and private nonprofit organizations for the assignment or referral 
    of volunteers under the provisions of the Domestic Volunteer Service 
    Act of 1973 [42 U.S.C. 4950 et seq.] (except as provided in section 
    108 of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4958]), 
    which may provide that the agency or organization shall pay all or a 
    part of the costs of the program; and
        (11) prepare and make recommendations to the Congress and the 
    President for changes in the national service laws resulting from 
    the studies and demonstrations the Chief Executive Officer is 
    required to carry out under section 12651d(b)(10) of this title, 
    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) 
of this section, 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 12651a(a)(3) of this 
title 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.

(Pub. L. 101-610, title I, Sec. 192A, as added and amended Pub. L. 103-
82, title II, Secs. 202(a), 203(a)(1)(B), (2), Sept. 21, 1993, 107 Stat. 
875, 891.)

                       References in Text

    Section 8E of the Inspector General Act of 1978, referred to in 
subsec. (g)(6), is section 8E of Pub. L. 95-452, as added by Pub. L. 
103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889, which 
was renumbered section 8F of the Act by Pub. L. 103-204, Sec. 23(a)(3), 
Dec. 17, 1993, 107 Stat. 2408, and is set out in the Appendix to Title 
5, Government Organization and Employees.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(g)(10), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended, 
which is classified principally to chapter 66 (Sec. 4950 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 4950 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (h), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5.


                               Amendments

    1993--Subsec. (g)(5)(A), (B). Pub. L. 103-82, Sec. 203(a)(1)(B), 
which directed amendment of section 192A(g)(5) of subtitle I of the 
National and Community Service Act of 1990 by substituting ``the 
national service laws'' for ``this chapter'', was executed to subsec. 
(g)(5) of this section, which is section 192A of subtitle G of title I 
of the National Community Service Act of 1990, to reflect the probable 
intent of Congress.
    Subsec. (g)(9). Pub. L. 103-82, Sec. 203(a)(2)(A), struck out 
``and'' at end.
    Subsec. (g)(10). Pub. L. 103-82, Sec. 203(a)(2)(C), added par. (10). 
Former par. (10) redesignated (11).
    Pub. L. 103-82, Sec. 203(a)(1)(B), which directed amendment of 
section 192A(g)(10) of subtitle I of the National and Community Service 
Act of 1990 by substituting ``the national service laws'' for ``this 
chapter'', was executed to subsec. (g)(10) of this section, which is 
section 192A of subtitle G of title I of the National Community Service 
Act of 1990, to reflect the probable intent of Congress.
    Subsec. (g)(11). Pub. L. 103-82, Sec. 203(a)(2)(B), redesignated 
par. (10) as (11).


                    Effective Date of 1993 Amendment

    Amendment by section 203(a)(1)(B), (2) of Pub. L. 103-82 effective 
Apr. 4, 1994, see section 203(d) of Pub. L. 103-82, set out as a note 
under section 12651 of this title.


                             Effective Date

    Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
82, set out as a note under section 12651 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12572, 12651d, 12651f, 
12651g of this title.
