42 U.S.C. § 12651e — Officers

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. 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,