42 U.S.C. § 12651f — Employees, consultants, and other per-

Page 8399 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651f 1 See References in Text note below. (c) Chief Financial Officer (1) In general There shall be in the Corporation a Chief Fi- nancial Officer, who shall be appointed by the Chief Executive Officer pursuant to sub- sections (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 ac- tivities relating to the programs and oper- ations of the Corporation; (C) develop and maintain an integrated ac- counting and financial management system for the Corporation, including financial re- porting and internal controls; (D) develop and maintain any joint finan- cial management systems with the Depart- ment of Education necessary to carry out the programs of the Corporation; and (E) direct, manage, and provide policy guidance and oversight of the financial man- agement personnel, activities, and oper- ations 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- sistant Directors who shall report directly to such Managing Director, of which— (A) 1 Assistant Director shall be respon- sible 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 respon- sible 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 respon- sible 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 Pro- gram); and (D) 1 Assistant Director shall be respon- sible for programs carried out under part C of title II of that Act [42 U.S.C. 5013] (relat- ing 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 Na- tional 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; Pub. L. 117–286, § 4(b)(87), Dec. 27, 2022, 136 Stat. 4352.) Editorial Notes REFERENCES IN TEXT 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 classi- fied 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 2022—Subsec. (b)(2). Pub. L. 117–286 substituted ‘‘chap- ter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978.’’ 2012—Subsec. (a)(1). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ after ‘‘President’’. 2009—Subsec. (c). Pub. L. 111–13 added par. (1), redes- ignated par. (3) as (2), and struck out former pars. (1) and (2) which read as follows: ‘‘(1) OFFICE.—There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. ‘‘(2) COMPENSATION.—The Chief Financial Officer shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.’’ 2008—Subsec. (b)(3). Pub. L. 110–409 struck out par. (3). Text read as follows: ‘‘The Inspector General shall be compensated at the rate provided for level IV of the Ex- ecutive Schedule under section 5315 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. 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 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. § 12651f. Employees, consultants, and other per- sonnel (a) Employees Except as provided in subsection (b), section 12651e(d) of this title, and section 414 of title 5, Page 8400 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651f 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 Corpora- tion. (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 Execu- tive Officer may determine compensation, without regard to the provisions of title 5 gov- erning appointments in the competitive serv- ice, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and Gen- eral 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 Corpora- tion. 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 per- sonnel system The Director of the Office of Personnel Man- agement may grant competitive status for ap- pointment 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 Cor- poration (other than by removal for cause). (3) Selection and compensation system (A) Establishment of system The Chief Executive Officer, after obtain- ing the approval of the Director of the Office of Personnel Management, shall issue regu- lations establishing a selection and com- pensation system for employees of the Cor- poration appointed under paragraph (1). In issuing such regulations, the Chief Execu- tive 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 employ- ees in accordance with the selection and compensation system established under sub- paragraph (A). (C) Selection The system established under subpara- graph (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 po- sitions. (D) Compensation The system established under subpara- graph (A) shall include a scheme for the classification of positions in the Corpora- tion. The system shall require that the com- pensation 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 Sched- ule 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 as- sist the Corporation in carrying out the activi- ties 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 Com- mission that is established in the State or States; (B) the Corporation and any subdivision of a State, territory, Indian tribe, public or pri- vate 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 Commis- sion and the Corporation employee respon- sible for programs under the Domestic Vol- unteer 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) Nonvoting member of State Commission The representative designated under this subsection for a State or group of States shall also serve as a nonvoting 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), the rate of compensation for such employee may not ex- ceed the maximum rate of basic pay payable for GS–13 of the General Schedule under sec- tion 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 non- reimbursable 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 Page 8401 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651g Federal agency, any of the personnel of that de- partment 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 af- fect 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 ad- vise the Board with respect to national service issues, such as the type of programs to be es- tablished or assisted under the national serv- ice laws, priorities and criteria for such pro- grams, and methods of conducting outreach for, and evaluation of, such programs. (2) Composition Such an advisory committee shall be com- posed of members appointed by the Chief Exec- utive 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 deter- mines to be necessary to carry out the func- tions of the advisory committee, without re- gard to— (i) the provisions of title 5 governing ap- pointments in the competitive service; and (ii) the provisions of chapter 51 and sub- chapter III of chapter 53 of such title relat- ing to classification and General Schedule pay rates. (B) Compensation If a member of the staff appointed under subparagraph (A) was appointed without re- gard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not ex- ceed the maximum rate of basic pay payable for GS–13 of the General Schedule under sec- tion 5332 of title 5. (g) Personal services contracts The Corporation may enter into personal serv- ices contracts to carry out research, evaluation, and public awareness related to the national service laws. (Pub. L. 101–610, title I, § 195, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 883, 891; Pub. L. 111–13, title I, § 1706, Apr. 21, 2009, 123 Stat. 1547; Pub. L. 117–286, § 4(b)(88), Dec. 27, 2022, 136 Stat. 4352.) Editorial Notes REFERENCES IN TEXT 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, which is classified generally to chapter 66 (§ 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 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. (c)(2)(B). Pub. L. 111–13, § 1706(1)(A), in- serted ‘‘territory,’’ after ‘‘subdivision of a State,’’. Subsec. (c)(3). Pub. L. 111–13, § 1706(1)(B), substituted ‘‘Nonvoting member’’ for ‘‘Member’’ in heading and in- serted ‘‘nonvoting’’ before ‘‘member’’ in text. Subsec. (g). Pub. L. 111–13, § 1706(2), added subsec. (g). 1993—Subsecs. (c)(1), (e). Pub. L. 103–82, § 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 re- flect the probable intent of Congress. 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 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. § 12651g. Administration (a) Donations (1) Services (A) Organizations and individuals Notwithstanding section 1342 of title 31, the Corporation may solicit and accept the services of organizations and individuals (other than participants) to assist the Cor- poration in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses described in section 12651b(d) of this title. (B) Limitation A person who provides assistance, either individually or as a member of an organiza- tion, in accordance with subparagraph (A) shall not be considered to be a Federal em- ployee and shall not be subject to the provi- sions of law relating to Federal employment,