42 U.S.C. § 12651d — Authorities and duties of the Chief Ex-

Page 8394 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651d 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 Ex- ecutive Officer (a) General powers and duties The Chief Executive Officer shall be respon- sible for the exercise of the powers and the dis- charge of the duties of the Corporation that are not reserved to the Board, and shall have au- thority and control over all personnel of the Corporation, except as provided in section 414 of title 5. (b) Duties In addition to the duties conferred on the Chief Executive Officer under any other provi- sion of the national service laws, the Chief Exec- utive Officer, in collaboration with the State Commissions, shall— (1) prepare and submit to the Board a stra- tegic plan, including a plan for having 50 per- cent of all approved national service positions be full-time positions by 2012, every 3 years, and annual updates of the plan, for the Cor- poration with respect to the major functions and operations of the Corporation; (2)(A) prepare and submit to the Board a pro- posal with respect to such grants and allot- ments, contracts, other financial assistance, and designation of positions as approved na- tional service positions, as are necessary or appropriate to carry out the national service laws; and (B) after receiving and reviewing an ap- proved proposal under section 12651b(g)(2) of this title, make such grants and allotments, enter into such contracts, award such other fi- nancial 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 nec- essary adjustments on account of overpay- ments and underpayments), and designate such positions as approved national service po- sitions, approved summer of service positions, and approved silver scholar positions as are necessary or appropriate to carry out the na- tional service laws; (3)(A) prepare and submit to the Board a pro- posal 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 ap- proved 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 pro- grams and initiatives as are necessary or ap- propriate to carry out the national service laws; (4)(A) prepare and submit to the Board a plan for the evaluation of programs estab- lished under the national service laws, in ac- cordance 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 accord- ance 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 agen- cies in administering the programs and initia- tives; (6) suspend or terminate payments and posi- tions described in paragraph (2)(B), in accord- ance 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 posi- tions be full-time positions by 2012 as de- scribed in paragraph (1), including an assess- ment 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 an- nual 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, pro- grams, and initiatives; (9) inform the Board of, and provide an ex- planation to the Board regarding, any substan- tial differences regarding the implementation of the national service laws between— (A) the actions of the Chief Executive Offi- cer; 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 in- terim reports as may be necessary, describ- ing— (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 Cor- poration; (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 eval- uations described in subsection (f)) and dem- onstrations that evaluate, and prepare and submit to the Board periodically, a report con- taining recommendations regarding, issues re- lated to— Page 8395 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651d (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 sub- paragraph as ‘‘service programs’’), includ- ing— (i) whether the State and national prior- ities, 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 edu- cational benefits in return for service, should focus on economically disadvan- taged 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 de- sired outcomes in the service programs; (v) the potential for cost savings and co- ordination of support and oversight serv- ices from combining functions performed by ACTION State offices and State Com- missions; (vi) the implications of the results from such studies and demonstrations for au- thorized funding levels for the service pro- grams; and (vii) other issues that the Director deter- mines 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 and other programs authorized by this chapter, programs administered by the Pub- lic Health Service, the Department of De- fense, or other Federal agencies, programs regarding teacher corps, and programs re- garding work-study and higher education loan forgiveness or forbearance programs au- thorized 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 dis- qualification 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, suspen- sion, 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 pe- riod before the submission of the application referred to in such section was, an officer, di- rector, trustee, full-time volunteer, or em- ployee; (13) bolster the public awareness of and re- cruitment efforts for the wide range of service opportunities for citizens of all ages, regard- less of socioeconomic status or geographic lo- cation, through a variety of methods, includ- ing— (A) print media; (B) the Internet and related emerging technologies; (C) television; (D) radio; (E) presentations at public or private fo- rums; (F) other innovative methods of commu- nication; and (G) outreach to offices of economic devel- opment, State employment security agen- cies, labor organizations and trade associa- tions, local educational agencies, institu- tions of higher education, agencies and orga- nizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the na- tional service laws can be recruited; (14) identify and implement methods of re- cruitment to— (A) increase the diversity of participants in the programs receiving assistance under the national service laws; and (B) increase the diversity of service spon- sors of programs desiring to receive assist- ance under the national service laws; (15) coordinate with organizations of former participants of national service programs for service opportunities that may include capac- ity building, outreach, and recruitment for programs receiving assistance under the na- tional service laws; (16) collaborate with organizations with demonstrated expertise in supporting and ac- commodating individuals with disabilities, in- cluding institutions of higher education, to identify and implement methods of recruit- ment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the na- tional 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 Cor- poration; (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 tech- nical assistance programs described in division Page 8396 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651d 1 So in original. The closing parenthesis probably should not appear. 2 See References in Text note below. K with respect to the activities described in section 12657(b) of this title); 1 (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 na- tional service programs and veterans can serve in disasters and emergencies (as such terms are defined in section 12653h(a) of this title); 2 (23) identify and implement strategies to in- crease awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native Amer- ican participation in programs under the na- tional service laws, collect information on challenges facing Native American commu- nities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the na- tional service laws; (24) conduct outreach to ensure the inclusion of economically disadvantaged individuals in national service programs and activities au- thorized under the national service laws; and (25) ensure that outreach, awareness, and re- cruitment 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 provi- sion of the national service laws, the Chief Exec- utive Officer may— (1) establish, alter, consolidate, or dis- continue such organizational units or compo- nents within the Corporation as the Chief Ex- ecutive Officer considers necessary or appro- priate, consistent with Federal law, and shall, to the maximum extent practicable, consoli- date 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 com- mon support functions; (2) with the approval of the President, ar- range 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 with- out 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 provi- sions of section 3204 of title 39, data and infor- mation, 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 pay- ment of obligations in accordance with chap- ter 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 Corpora- tion under section 12651g of this title; (9) consolidate the reports to the authorizing committees required under the national serv- ice 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 ‘‘func- tion’’ means any duty, obligation, power, au- thority, responsibility, right, privilege, activ- ity, 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- 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 dele- gate a function of the Board without the per- mission of the Board. (e) Actions In an action described in subsection (c)(7)— (1) a district court referred to in such sub- section shall have jurisdiction of such a civil action without regard to the amount in con- troversy; (2) such an action brought by the Chief Exec- utive 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 sec- tions 509, 517, 547, and 2679 of title 28. Page 8397 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651d 3 So in original. (f) Evaluations (1) Evaluation of living allowance The Corporation shall arrange for an inde- pendent 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 na- tional service (A) Evaluation required The Corporation shall arrange for the independent evaluation of the operation of division C to determine the levels of partici- pation of economically disadvantaged indi- viduals 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 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 in- clude family total income unless the evalu- ating 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 sec- tion 12571 of this title during the period cov- ered 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 mean- ing 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 mean- ing 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 re- cruiting and public awareness functions of the Corporation, shall expend at least the level of effort on recruitment and public awareness ac- tivities related to the programs carried out under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) as ACTION ex- pended on recruitment and public awareness activities related to programs under the Do- mestic 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 func- tions as may be necessary to ensure that such functions are carried out in a timely and effec- tive 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 pro- grams, 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 func- tions, the Chief Executive Officer shall obli- gate 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)]. (h) Authority to contract with businesses The Chief Executive Officer may, through con- tracts 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 dis- advantaged 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 partici- pants in, programs and projects receiving assist- ance 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; Pub. L. 117–286, § 4(b)(86), Dec. 27, 2022, 136 Stat. 4352.) Editorial Notes REFERENCES IN TEXT Public Law 91–378, referred to in subsec. (b)(11)(A), is Pub. L. 91–378, Aug. 13, 1970, 84 Stat. 794, popularly Page 8398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651e 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’’, mean- ing 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 sub- sec. (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 classifica- tion 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, re- ferred 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. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘section 414 of title 5.’’ for ‘‘section 8E of the Inspector General Act of 1978.’’ 2009—Subsec. (b). Pub. L. 111–13, § 1704(1)(A), sub- stituted ‘‘, in collaboration with the State Commis- sions, 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 serv- ice 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), redesig- nated par. (9) as (10) and substituted ‘‘authorizing com- mittees’’ 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), re- designated par. (10) as (11) and substituted ‘‘periodi- cally,’’ for ‘‘by June 30, 1995,’’ in introductory provi- sions. 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 ‘‘de- scribed 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), sub- stituted ‘‘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 sub- section (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 sub- secs. (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 chap- ter’’ was executed wherever appearing in the following provisions of this section, which is section 193A of sub- title 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). Statutory Notes and Related Subsidiaries 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. 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 Man- aging Directors, who shall be appointed by the President, and who shall report to the Chief Executive Officer. (2) Compensation The Managing Directors shall be com- pensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. (3) Duties The Corporation shall determine the pro- grams for which the Managing Directors shall have primary responsibility and shall estab- lish 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 chapter 4 of title 5.