Authorizing Citation

§ 12651d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

L. 111–13, title I, § 1703, Apr. 21, 2009, 123 Stat.
1545.)
AMENDMENTS
2009—Subsec. (b). Pub. L. 111–13 inserted ‘‘, plus 3 percent’’ before period at end.
1993—Subsec. (c). Pub. L. 103–82, § 203(a)(1)(B), which
directed amendment of section 193(c) 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. (c) of this section, which
is section 193 of subtitle G of title I of the National
Community Service Act of 1990, to reflect the probable
intent of Congress.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
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 Sept. 21, 1993, see section 202(i)(2) of
Pub. L. 103–82, set out as a note under section 12651 of
this title.
REGULATIONS
Pub. L. 111–13, title VI, § 6101(b), Apr. 21, 2009, 123 Stat.
1600, provided that: ‘‘Effective on the date of enactment
of this Act [Apr. 21, 2009], the Chief Executive Officer of
the Corporation for National and Community Service
may issue such regulations as may be necessary to
carry out this Act [see Short Title of 2009 Amendment
note set out under section 12501 of this title] and the
amendments made by this Act.’’

§ 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.
(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, in collaboration with the State
Commissions, shall—
(1) prepare and submit to the Board a strategic plan, including a plan for having 50 percent
of all approved national service positions be
full-time positions by 2012, 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
1 See

References in Text note below.

Page 7512

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, approved summer of service positions,
and approved silver scholar 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 authorizing
committees and the Board an annual report on
actions taken to achieve the goal of having 50
percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving
that goal and the actions to be taken in the
coming year toward achieving that goal;
(8) 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;
(9) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation
of the national service laws between—

Page 7513

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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;
(10) prepare and submit to the authorizing
committees 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;
(11) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and
submit to the Board periodically, 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, as described in section 12572(f)(1) of
this title, designed to meet unmet human,
education, environmental, or public safety
needs 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

§ 12651d

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 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;
(12) 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;
(13) bolster the public awareness of and recruitment efforts for the wide range of service
opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
(A) print media;
(B) the Internet and related emerging
technologies;
(C) television;
(D) radio;
(E) presentations at public or private forums;
(F) other innovative methods of communication; and
(G) outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals
with disabilities, and other institutions or
organizations from which participants for
programs receiving assistance from the national service laws can be recruited;
(14) identify and implement methods of recruitment to—
(A) increase the diversity of participants
in the programs receiving assistance under
the national service laws; and
(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;

§ 12651d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(15) coordinate with organizations of former
participants of national service programs for
service opportunities that may include capacity building, outreach, and recruitment for
programs receiving assistance under the national service laws;
(16) collaborate with organizations with
demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to
identify and implement methods of recruitment to increase the number of participants
who are individuals with disabilities in the
programs receiving assistance under the national service laws;
(17) identify and implement recruitment
strategies and training programs for bilingual
volunteers in the National Senior Service
Corps under title II of the Domestic Volunteer
Service Act of 1973 [42 U.S.C. 5000 et seq.];
(18) collaborate with organizations that have
established volunteer recruitment programs to
increase the recruitment capacity of the Corporation;
(19) where practicable, provide application
materials in languages other than English for
individuals with limited English proficiency
who wish to participate in a national service
program;
(20) collaborate with the training and technical assistance programs described in division
K with respect to the activities described in
section 12657(b) of this title); 2
(21) coordinate the clearinghouses described
in section 12653o of this title;
(22) coordinate with entities receiving funds
under division C in establishing the National
Service Reserve Corps under section 12653h of
this title, through which alumni of the national service programs and veterans can serve
in disasters and emergencies (as such terms
are defined in section 12653h(a) of this title); 1
(23) identify and implement strategies to increase awareness among Indian tribes of the
types and availability of assistance under the
national service laws, increase Native American participation in programs under the national service laws, collect information on
challenges facing Native American communities, and designate a Strategic Advisor for
Native American Affairs to be responsible for
the execution of those activities under the national service laws;
(24) conduct outreach to ensure the inclusion
of economically disadvantaged individuals in
national service programs and activities authorized under the national service laws; and
(25) ensure that outreach, awareness, and recruitment efforts are consistent with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and section 794 of title 29.
(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 compo2 So in original. The closing parenthesis probably should not
appear.

Page 7514

nents 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 the authorizing
committees 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 the authorizing committees on
an annual basis;
(10) obtain the opinions of peer reviewers in
evaluating applications to the Corporation for
assistance under this subchapter; and
(11) 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 appro-

Page 7515

TITLE 42—THE PUBLIC HEALTH AND WELFARE

priate. 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)—
(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, 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 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
the 3 first date that a report is submitted
under subsection (b)(11) after the effective
date of the Serve America Act.
(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
3 So

in original.

§ 12651d

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

§ 12651d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

501(a) of the Domestic Volunteer Service Act
of 1973 [42 U.S.C. 5081(a)].
(h) Authority to contract with businesses
The Chief Executive Officer may, through contracts or cooperative agreements, carry out the
marketing duties described in subsection (b)(13),
with priority given to those entities that have
established expertise in the recruitment of disadvantaged youth, members of Indian tribes,
and older adults.
(i) Campaign to solicit funds
The Chief Executive Officer may conduct a
campaign to solicit funds to conduct outreach
and recruitment campaigns to recruit a diverse
population of service sponsors of, and participants in, programs and projects receiving assistance under the national service laws.
(Pub. L. 101–610, title I, § 193A, as added and
amended Pub. L. 103–82, title II, §§ 202(a),
203(a)(1)(B), (3), Sept. 21, 1993, 107 Stat. 877, 891;
Pub. L. 103–304, § 3(b)(2), Aug. 23, 1994, 108 Stat.
1567; Pub. L. 111–13, title I, § 1704, Apr. 21, 2009,
123 Stat. 1545.)
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, § 202(g)(1), Sept. 21,
1993, 107 Stat. 889, which was renumbered section 8F of
the Act by Pub. L. 103–204, § 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)(11)(A), is
Pub. L. 91–378, Aug. 13, 1970, 84 Stat. 794, popularly
known as the Youth Conservation Corps Act of 1970,
which is classified generally to chapter 37 (§ 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)(11)(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, 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)(11)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat.
1219, which is classified generally to chapter 28 (§ 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 subsecs. (b)(17) and (g)(1), (2), is Pub. L. 93–113,
Oct. 1, 1973, 87 Stat. 394, which is classified principally
to chapter 66 (§ 4950 et seq.) of this title. Title II of the
Act is classified generally to subchapter II (§ 5000 et
seq.) of chapter 66 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.
Section 12653h(a) of this title, referred to in subsec.
(b)(22), does not contain definitions of disasters and
emergencies.
The Americans with Disabilities Act of 1990, referred
to in subsec. (b)(25), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of this title and Tables.
For the effective date of the Serve America Act, referred to in subsec. (f)(2)(B), as Oct. 1, 2009, see section
6101(a) of Pub. L. 111–13, set out as an Effective Date of
2009 Amendment note under section 4950 of this title.
For the effective date of this subsection, referred to
in subsec. (g)(3), see Effective Date of 1993 Amendment
note below.

Page 7516

AMENDMENTS
2009—Subsec. (b). Pub. L. 111–13, § 1704(1)(A), substituted ‘‘, in collaboration with the State Commissions, shall’’ for ‘‘shall’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 111–13, § 1704(1)(B), inserted
‘‘, including a plan for having 50 percent of all approved
national service positions be full-time positions by
2012,’’ after ‘‘a strategic plan’’.
Subsec. (b)(2)(B). Pub. L. 111–13, § 1704(1)(C), inserted
‘‘, approved summer of service positions, and approved
silver scholar positions’’ after ‘‘approved national service positions’’.
Subsec. (b)(7) to (9). Pub. L. 111–13, § 1704(1)(D), (E),
added par. (7) and redesignated former pars. (7) and (8)
as (8) and (9), respectively. Former par. (9) redesignated
(10).
Subsec. (b)(10). Pub. L. 111–13, § 1704(1)(D), (F), redesignated par. (9) as (10) and substituted ‘‘authorizing committees’’ for ‘‘appropriate committees of Congress’’ in
introductory provisions. Former par. (10) redesignated
(11).
Subsec. (b)(11). Pub. L. 111–13, § 1704(1)(D), (G)(i), redesignated par. (10) as (11) and substituted ‘‘periodically,’’ for ‘‘by June 30, 1995,’’ in introductory provisions. Former par. (11) redesignated (12).
Subsec. (b)(11)(A)(i). Pub. L. 111–13, § 1704(1)(G)(ii),
substituted ‘‘national priorities, as described in section
12572(f)(1) of this title, designed to meet’’ for ‘‘national
priorities designed to meet the’’ and struck out ‘‘described in section 12572(c)(1) of this title’’ after ‘‘public
safety needs’’.
Subsec. (b)(12) to (25). Pub. L. 111–13, § 1704(1)(D),
(G)(iii)–(I), redesignated par. (11) as (12) and added pars.
(13) to (25).
Subsec. (c)(9). Pub. L. 111–13, § 1704(2)(A)(i), substituted ‘‘the authorizing committees’’ for ‘‘Congress’’
in two places.
Subsec. (c)(10), (11). Pub. L. 111–13, § 1704(2)(A)(ii)–(C),
added par. (10) and redesignated former par. (10) as (11).
Subsec. (f)(2)(B). Pub. L. 111–13, § 1704(3), substituted
‘‘the first date that a report is submitted under subsection (b)(11) after the effective date of the Serve
America Act’’ for ‘‘date specified in subsection (b)(10)
of this section’’.
Subsecs. (h), (i). Pub. L. 111–13, § 1704(4), added subsecs. (h) and (i).
1994—Subsec. (g). Pub. L. 103–304 made technical
amendment to directory language of Pub. L. 103–82,
§ 203(a)(3). See 1993 Amendment note below.
1993—Subsecs. (b) to (d). Pub. L. 103–82, § 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, § 203(a)(3), as amended by
Pub. L. 103–304, added subsec. (g).
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
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.

Page 7517

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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.

§ 12651e. Officers
(a) Managing Directors
(1) In general
There shall be in the Corporation 2 Managing Directors, who shall be appointed by the
President, 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.
(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 [5 U.S.C. App.].
(c) Chief Financial Officer
(1) In general
There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the
Chief Executive Officer pursuant to subsections (a) and (b) of section 12651f of this
title.
(2) 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 Service Corps
(1) Appointment
One of the Managing Directors appointed
under subsection (a) shall, in accordance with
applicable provisions of title 5, appoint 4 As-

§ 12651e

sistant 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
[42 U.S.C. 4951 et seq.] and B 1 of title I of the
Domestic Volunteer Service Act of 1973 (the
Volunteers in Service to America (VISTA)
program) and other antipoverty programs
under title I of that Act [42 U.S.C. 4951 et
seq.];
(B) 1 Assistant Director shall be responsible for programs carried out under part A
of title II of that Act [42 U.S.C. 5001 et seq.]
(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 [42 U.S.C. 5011 et seq.]
(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 [42 U.S.C. 5013] (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.
(Pub. L. 101–610, title I, § 194, as added Pub. L.
103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat.
882; amended Pub. L. 110–409, § 4(a)(4), Oct. 14,
2008, 122 Stat. 4304; Pub. L. 111–13, title I, § 1705,
Apr. 21, 2009, 123 Stat. 1547; Pub. L. 112–166, § 2(p),
Aug. 10, 2012, 126 Stat. 1288.)
REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in subsec. (b)(2), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (d)(1), is Pub. L. 93–113, Oct. 1, 1973, 87
Stat. 394. Title I of the Act is classified generally to
subchapter I (§ 4951 et seq.) of chapter 66 of this title.
Part A of title I of the Act is classified generally to
part A (§ 4951 et seq.) of subchapter I of chapter 66 of
this title. Part B of title I of the Act, which was classified generally to part B (§ 4971 et seq.) of subchapter I
of chapter 66 of this title, was repealed by Pub. L.
111–13, title II, § 2121, Apr. 21, 2009, 123 Stat. 1584. Parts
A, B, and C of title II of the Act are classified generally
to parts A (§ 5001 et seq.), B (§ 5011 et seq.), and C (§ 5013
et seq.), respectively, of subchapter II of chapter 66 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.
Section 203(c)(2) of the National and Community
Service Trust Act of 1993, referred to in subsec. (d)(2),
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.
AMENDMENTS
2012—Subsec. (a)(1). Pub. L. 112–166 struck out ‘‘, by
and with the advice and consent of the Senate’’ after
‘‘President’’.
1 See

References in Text note below.