
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: 42USC12651d]

 
                 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. 12651d. 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 \1\ of 
the Inspector General Act of 1978.
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    \1\ See References in Text note below.
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(b) Duties

    In addition to the duties conferred on the Chief Executive Officer 
under any other provision of the national service laws, 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 the 
    national service laws; and
        (B) after receiving and reviewing an approved proposal under 
    section 12651b(g)(2) of this title, 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 the national service laws, 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 the national service laws;
        (3)(A) prepare and submit to the Board a proposal regarding, the 
    regulations established under section 12651f(b)(3)(A) of this title, 
    and such other standards, policies, procedures, programs, and 
    initiatives as are necessary or appropriate to carry out the 
    national service laws; and
        (B) after receiving and reviewing an approved proposal under 
    section 12651b(g)(3) of this title--
            (i) establish such standards, policies, and procedures as 
        are necessary or appropriate to carry out the national service 
        laws; and
            (ii) establish and administer such programs and initiatives 
        as are necessary or appropriate to carry out the national 
        service laws;

        (4)(A) prepare and submit to the Board a plan for the evaluation 
    of programs established under the national service laws, in 
    accordance with section 12639 of this title; and
        (B) after receiving an approved proposal under section 
    12651b(g)(4) of this title--
            (i) establish measurable performance goals and objectives 
        for such programs, in accordance with section 12639 of this 
        title; 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 12636 of this title;
        (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 the national service laws between--
            (A) the actions of the Chief Executive Officer; and
            (B)(i) the strategic plan approved by the Board under 
        section 12651b(g)(1) of this title;
            (ii) the proposals approved by the Board under paragraph (2) 
        or (3) of section 12651b(g) of this title; or
            (iii) the evaluation plan approved by the Board under 
        section 12651b(g)(4) of this title;

        (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 12651g(a) 
        of this title 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 the national service laws during the year preceding 
        the year in which the report is prepared;

        (10) provide for studies (including the evaluations described in 
    subsection (f) of this section) and demonstrations that evaluate, 
    and prepare and submit to the Board by June 30, 1995, a report 
    containing recommendations regarding, issues related to--
            (A) the administration and organization of programs 
        authorized under the national service laws or under Public Law 
        91-378 [16 U.S.C. 1701 et seq.] (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 12572(c)(1) of this title 
            are being addressed by this chapter;
                (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 division C of this subchapter and 
        other programs authorized by this chapter, 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 12638(d)(6)(B) of this title, issue 
    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 submission 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 the national service laws, 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 12651e(a)(3) of this title 
    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 the national service laws;
        (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 the national 
    service laws;
        (5) disseminate, without regard to the provisions of section 
    3204 of title 39, 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 (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 chapter;
        (8) exercise the authorities of the Corporation under section 
    12651g of this title;
        (9) consolidate the reports to Congress required under the 
    national service laws, and the report required under section 9106 of 
    title 31, 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 the national 
    service laws, as the Chief Executive Officer determines to be 
    necessary or appropriate to carry out such provisions.

(d) Delegation

                      (1) ``Function'' defined

        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 the 
    national service laws, the Chief Executive Officer may delegate any 
    function under the national service laws, 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 the 
    national service laws 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) of this section--
        (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 chapter from the 
    application of sections 509, 517, 547, and 2679 of title 28.

(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 
    divisions C and I of this subchapter, 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 division C of this subchapter to determine 
        the levels of participation of economically disadvantaged 
        individuals in national service programs carried out or 
        supported using assistance provided under section 12571 of this 
        title.

        (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 12571 of this title, and ending on a date that is 
        as close as is practicable to the date specified in subsection 
        (b)(10) of this section.

        (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 12571 of this 
        title 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 12571 of this title during the 
        period covered by the report that has been expended for projects 
        conducted in areas of economic distress described in section 
        12585(c)(6) of this title.

        (E) Definitions

            As 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. 1087vv(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. 1087vv(a)).

(g) Recruitment and public awareness functions

                             (1) Effort

        The Chief Executive Officer shall ensure that the Corporation, 
    in carrying out the recruiting and public awareness functions of the 
    Corporation, shall expend at least the level of effort on 
    recruitment and public awareness activities related to the programs 
    carried out under the Domestic Volunteer Service Act of 1973 (42 
    U.S.C. 4950 et seq.) as ACTION expended on recruitment and public 
    awareness activities related to programs under the Domestic 
    Volunteer Service Act of 1973 during fiscal year 1993.

                            (2) Personnel

        The Chief Executive Officer shall assign or hire, as necessary, 
    such additional national, regional, and State personnel to carry out 
    such recruiting and public awareness functions as may be necessary 
    to ensure that such functions are carried out in a timely and 
    effective manner. The Chief Executive Officer shall give priority in 
    the hiring of such additional personnel to individuals who have 
    formerly served as volunteers in the programs carried out under the 
    Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.] or 
    similar programs, and to individuals who have specialized experience 
    in the recruitment of volunteers.

                              (3) Funds

        For the first fiscal year after the effective date of this 
    subsection, and for each fiscal year thereafter, for the purpose of 
    carrying out such recruiting and public awareness functions, the 
    Chief Executive Officer shall obligate not less than 1.5 percent of 
    the amounts appropriated for the fiscal year under section 501(a) of 
    the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5081(a)].

(Pub. L. 101-610, title I, Sec. 193A, as added and amended Pub. L. 103-
82, title II, Secs. 202(a), 203(a)(1)(B), (3), Sept. 21, 1993, 107 Stat. 
877, 891; Pub. L. 103-304, Sec. 3(b)(2), Aug. 23, 1994, 108 Stat. 1567.)

                       References in Text

    Section 8E of the Inspector General Act of 1978, referred to in 
subsec. (a), 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.
    Public Law 91-378, referred to in subsec. (b)(10)(A), is Pub. L. 91-
378, Aug. 13, 1970, 84 Stat. 794, as amended, popularly known as the 
Youth Conservation Corps Act of 1970, which is classified generally to 
chapter 37 (Sec. 1701 et seq.) of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1701 of Title 16 and Tables.
    This chapter, referred to in subsecs. (b)(10)(A)(i), (B), (c)(7), 
and (e)(4), was in the original ``this Act'', meaning Pub. L. 101-610, 
Nov. 16, 1990, 104 Stat. 3127, as amended, which is classified 
principally to this chapter. For complete classification of this Act to 
the Code, see Short Title note set out under section 12501 of this title 
and Tables.
    The Higher Education Act of 1965, referred to in subsec. (b)(10)(B), 
is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is 
classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, 
Education. For complete classification of this Act to the Code, see 
Short Title note set out under section 1001 of Title 20 and Tables.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(g), 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.
    For the effective date of this subsection, referred to in subsec. 
(g)(3), see Effective Date of 1993 Amendment note below.


                               Amendments

    1994--Subsec. (g). Pub. L. 103-304 made technical amendment to 
directory language of Pub. L. 103-82, Sec. 203(a)(3). See 1993 Amendment 
note below.
    1993--Subsecs. (b) to (d). Pub. L. 103-82, Sec. 203(a)(1)(B), which 
directed amendment of section 193A of subtitle I of the National and 
Community Service Act of 1990 by substituting ``the national service 
laws'' for ``this chapter'' was executed wherever appearing in the 
following provisions of this section, which is section 193A of subtitle 
G of title I of the National Community Service Act of 1990, to reflect 
the probable intent of Congress: introductory provisions and pars. (2) 
to (4)(A), (8), and (9)(C) of subsec. (b), introductory provisions and 
pars. (2), (4), (9), and (10) of subsec. (c), and subsec. (d)(2).
    Subsec. (g). Pub. L. 103-82, Sec. 203(a)(3), as amended by Pub. L. 
103-304, added subsec. (g).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-304 effective as of Oct. 1, 1993, see 
section 3(b)(10)(B) of Pub. L. 103-304, set out as a note under section 
4953 of this title.


                    Effective Date of 1993 Amendment

    Amendment by section 203(a)(1)(B), (3) 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 12581, 12638, 12651b of this 
title.
