42 U.S.C. § 12651g — Administration

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, Page 8402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651g 1 See References in Text note below. including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee bene- fits, except that— (i) for the purposes of the tort claims provisions of chapter 171 of title 28, such a person shall be considered to be a Federal employee; (ii) for the purposes of subchapter I of chapter 81 of title 5 relating to compensa- tion to Federal employees for work inju- ries, such persons shall be considered to be employees, as defined in section 8101(1)(B) of title 5 and the provisions of such sub- chapter shall apply; and (iii) for purposes of the provisions of chapter 11 of part I of title 18, such a per- son (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee. (C) Inherently governmental function (i) In general Such a person shall not carry out an in- herently governmental function. (ii) Regulations The Chief Executive Officer shall pro- mulgate regulations to carry out this sub- paragraph. (iii) ‘‘Inherently governmental function’’ defined As used in this subparagraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related to the public interest as to man- date performance by an officer or em- ployee of the Federal Government, includ- ing an activity that requires either the ex- ercise of discretion in applying the author- ity of the Government or the use of value judgment in making a decision for the Government. (2) Property (A) In general The Corporation may solicit, accept, hold, administer, use, and dispose of, in further- ance of the purposes of the national service laws, donations of any money or property, real, personal, or mixed, tangible or intan- gible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as pos- sible in accordance with the terms, if any, of such donation. (B) Status of contribution Any donation accepted under subpara- graph (A) shall be considered to be a gift, de- vise, or bequest to, or for the use of, the United States. (C) Rules The Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)— (i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and (ii) will not compromise the integrity of the programs of the Corporation or any of- ficial or employee of the Corporation in- volved in such programs. (D) Disposition Upon completion of the use by the Cor- poration of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property shall be disposed of in accord- ance with title II of the Federal Property and Administrative Services Act of 1949.1 (b) Contracts Subject to chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Corporation may enter into contracts, and coop- erative and interagency agreements, with Fed- eral and State agencies, private firms, institu- tions, and individuals to conduct activities nec- essary to assist the Corporation in carrying out the duties of the Corporation under the national service laws. (c) Office of Management and Budget Appropriate circulars of the Office of Manage- ment and Budget shall apply to the Corporation. (Pub. L. 101–610, title I, § 196, as added Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 885, 891; amended Pub. L. 111–13, title I, § 1707, Apr. 21, 2009, 123 Stat. 1548.) Editorial Notes REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(2)(D), is act June 30, 1949, ch. 288, 63 Stat. 377. Title II of the Act, which was classified principally to subchapter II (§§ 481, 483, 484, 485, 486, 487 to 490, 491, 492) of chapter 10 and section 758 of former Title 40, Public Buildings, Property, and Works, was repealed by Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304, which Act enacted Title 40, Public Buildings, Property, and Works. For disposition of sec- tions of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION In subsec. (b), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2009—Subsec. (a)(1)(A). Pub. L. 111–13, § 1707(1)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘Notwith- standing section 1342 of title 31, the Corporation may solicit and accept the voluntary services of individuals Page 8403 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651i 1 See References in Text note below. 1 See References in Text note below. to assist the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses de- scribed in section 12651b(d) of this title.’’ Subsec. (a)(1)(B). Pub. L. 111–13, § 1707(1)(B)(i), sub- stituted ‘‘A person who provides assistance, either indi- vidually or as a member of an organization, in accord- ance with subparagraph (A)’’ for ‘‘Such a volunteer’’ in introductory provisions. Subsec. (a)(1)(B)(i). Pub. L. 111–13, § 1707(1)(B)(ii), sub- stituted ‘‘such a person’’ for ‘‘a volunteer under this di- vision’’. Subsec. (a)(1)(B)(ii). Pub. L. 111–13, § 1707(1)(B)(iii), substituted ‘‘such persons’’ for ‘‘volunteers under this division’’. Subsec. (a)(1)(B)(iii). Pub. L. 111–13, § 1707(1)(B)(iv), substituted ‘‘such a person’’ for ‘‘such a volunteer’’. Subsec. (a)(1)(C)(i). Pub. L. 111–13, § 1707(1)(C), sub- stituted ‘‘Such a person’’ for ‘‘Such a volunteer’’. Subsec. (a)(3). Pub. L. 111–13, § 1707(2), struck out par. (3). Text read as follows: ‘‘As used in this subsection, the term ‘volunteer’ does not include a participant.’’ 1993—Subsecs. (a)(1)(A), (2)(A), (b). Pub. L. 103–82, § 203(a)(1)(B), which directed amendment of section 196(a) and (b) of subtitle I of the National and Commu- nity Service Act of 1990 by substituting ‘‘the national service laws’’ for ‘‘this chapter’’, was executed to sub- secs. (a)(1)(A), (2)(A) and (b) of this section, which is section 196 of subtitle G of title I of the National Com- munity Service Act of 1990, to reflect the probable in- tent 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. § 12651h. Corporation State offices (a) In general The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties de- scribed in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 12651f(c) of this title. (b) Duties Each State office established pursuant to sub- section (a) shall— (1) provide to the State Commissions estab- lished under section 12638 of this title tech- nical and other assistance for the development and implementation of national service plans under section 12638(e)(1) of this title; (2) provide to community-based agencies and other entities within the State technical as- sistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and ma- terials provided by the clearinghouses estab- lished pursuant to section 12653a 1 of this title; (3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruit- ment, placement, and training of volunteers within the State; (4) monitor and evaluate the performance of all programs and projects within the State that receive assistance under the national service laws; and (5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer. (Pub. L. 101–610, title I, § 196A, as added Pub. L. 103–82, title II, § 202(a), Sept. 21, 1993, 107 Stat. 887.) Editorial Notes REFERENCES IN TEXT Section 12653a of this title, referred to in subsec. (b)(2), was in the original ‘‘section 198A’’, meaning sec- tion 198A of Pub. L. 101–610, as added by section 104(c) of Pub. L. 103–82, which was repealed, and section 198B was redesignated section 198A, by Pub. L. 111–13, title I, § 1803(a)(1), (b), Apr. 21, 2009, 123 Stat. 1554. Provisions similar to section 12653a are now contained in section 12653o of this title. Statutory Notes and Related Subsidiaries 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. § 12651i. VISTA Advance Payments Revolving Fund Notwithstanding section 101,1 the level for ‘‘Corporation for National and Community Serv- ice, Domestic Volunteer Service Programs, Op- erating Expenses’’ shall be $316,550,000, of which $3,500,000 shall be for establishment in the Treas- ury of a VISTA Advance Payments Revolving Fund (in this section referred to as the ‘‘Fund’’) for the Corporation for National and Commu- nity Service which, in addition to reimburse- ments collected from eligible public agencies and private nonprofit organizations pursuant to cost-share agreements, shall be available until expended to make advance payments in further- ance of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.]: Provided, That up to 10 percent of funds appropriated to carry out title I of such Act may be transferred to the Fund if the Chief Executive Officer of the Cor- poration for National and Community Service determines that the amounts in the Fund are not sufficient to cover expenses of the Fund: Provided further, That the Corporation for Na- tional and Community Service shall provide de- tailed information on the activities and finan- cial status of the Fund during the preceding fis- cal year in the annual congressional budget jus- tifications to the Committees on Appropriations of the House of Representatives and the Senate. (Pub. L. 109–289, div. B, title II, § 20638, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 36.)