
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: 42USC12651f]

 
                 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. 12651f. Employees, consultants, and other personnel


(a) Employees

    Except as provided in subsection (b) of this section, section 
12651e(d) of this title, and section 8E \1\ of the Inspector General Act 
of 1978, the Chief Executive Officer shall, in accordance with 
applicable provisions of title 5, 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.
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    \1\ See References in Text note below.
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(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 
    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 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. 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.

(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 the national service 
    laws 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 12571 of this title 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 [42 U.S.C. 4950 
        et seq.] 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 12638(c)(3) of this title.

                          (4) Compensation

        If the employee designated under paragraph (1) is an employee 
    whose appointment was made pursuant to subsection (b) of this 
    section, the rate of compensation for such employee may not exceed 
    the maximum rate of basic pay payable for GS-13 of the General 
    Schedule under section 5332 of title 5.

(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.

(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 the 
national service laws. 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 12651b(d) of this title.

                              (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 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.

(Pub. L. 101-610, title I, Sec. 195, as added and amended Pub. L. 103-
82, title II, Secs. 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 883, 
891.)

                       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.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsecs. (b)(1) and (f)(4)(A)(i), are classified 
generally to section 3301 et seq. of Title 5.
    Section 203(c)(2) of the National and Community Service Trust Act of 
1993, referred to in subsec. (c)(2)(C), is section 203(c)(2) of Pub. L. 
103-82, which is set out as a note under section 12651 of this title. 
For the effective date of section 203(c)(2) of this Act, see section 
203(d) of Pub. L. 103-82, set out as an Effective Date of 1993 Amendment 
note under section 12651 of this title.
    The Domestic Volunteer Service Act of 1973, referred to in subsec. 
(c)(2)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended, 
which is classified generally 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.


                            Prior Provisions

    A prior section 195 of Pub. L. 101-610 was renumbered section 151 by 
Pub. L. 103-82 and is classified to section 12611 of this title.


                               Amendments

    1993--Subsecs. (c)(1), (e). Pub. L. 103-82, Sec. 203(a)(1)(B), which 
directed amendment of section 195(c) and (e) of subtitle I of the 
National and Community Service Act of 1990 by substituting ``the 
national service laws'' for ``this chapter'', was executed to subsecs. 
(c)(1) and (e) of this section, which is section 195 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

    Amendment by section 203(a)(1)(B) 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 5011, 12638, 12651d, 12651h 
of this title.
