42 U.S.C. § 12651c — Chief Executive Officer

Page 8393 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12651c communities, and the persons and communities the participants serve. (Pub. L. 101–610, title I, § 192A, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), (2), Sept. 21, 1993, 107 Stat. 875, 891; Pub. L. 111–13, title I, § 1702, Apr. 21, 2009, 123 Stat. 1544; Pub. L. 117–286, § 4(a)(275), (b)(85), Dec. 27, 2022, 136 Stat. 4336, 4352.) Editorial Notes REFERENCES IN TEXT The Domestic Volunteer Service Act of 1973, referred to in subsec. (g)(10)(A), 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. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. AMENDMENTS 2022—Subsec. (g)(6). Pub. L. 117–286, § 4(b)(85), sub- stituted ‘‘section 414 of title 5;’’ for ‘‘section 8E of the Inspector General Act of 1978;’’. Subsec. (h). Pub. L. 117–286, § 4(a)(275), substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. 2009—Subsec. (g). Pub. L. 111–13, § 1702(1), substituted ‘‘shall have responsibility for setting overall policy for the Corporation and shall—’’ for ‘‘shall—’’ in introduc- tory provisions. Subsec. (g)(1). Pub. L. 111–13, § 1702(2), inserted ‘‘, and review the budget proposal in advance of submission to the Office of Management and Budget’’ before semi- colon at end. Subsec. (g)(5)(C). Pub. L. 111–13, § 1702(3), added sub- par. (C). Subsec. (g)(8). Pub. L. 111–13, § 1702(4), substituted ‘‘the authorizing committees’’ for ‘‘the Congress’’ in two places. Subsec. (g)(10). Pub. L. 111–13, § 1702(5), added par. (10) and struck out former par. (10) which read as follows: ‘‘notwithstanding any other provision of law, make grants to or contracts with Federal or other public de- partments or agencies and private nonprofit organiza- tions for the assignment or referral of volunteers under the provisions of the Domestic Volunteer Service Act of 1973 (except as provided in section 108 of the Domes- tic Volunteer Service Act of 1973), which may provide that the agency or organization shall pay all or a part of the costs of the program; and’’. Subsec. (g)(11). Pub. L. 111–13, § 1702(6), substituted ‘‘authorizing committees’’ for ‘‘Congress’’ in two places, ‘‘section 12651d(b)(11)’’ for ‘‘section 12651d(b)(10)’’, and ‘‘January 1, 2012’’ for ‘‘September 30, 1995’’. 1993—Subsec. (g)(5)(A), (B). Pub. L. 103–82, § 203(a)(1)(B), which directed amendment of section 192A(g)(5) of subtitle I of the National and Community Service Act of 1990 by substituting ‘‘the national serv- ice laws’’ for ‘‘this chapter’’, was executed to subsec. (g)(5) of this section, which is section 192A of subtitle G of title I of the National Community Service Act of 1990, to reflect the probable intent of Congress. Subsec. (g)(9). Pub. L. 103–82, § 203(a)(2)(A), struck out ‘‘and’’ at end. Subsec. (g)(10). Pub. L. 103–82, § 203(a)(2)(C), added par. (10). Former par. (10) redesignated (11). Pub. L. 103–82, § 203(a)(1)(B), which directed amend- ment of section 192A(g)(10) of subtitle I of the National and Community Service Act of 1990 by substituting ‘‘the national service laws’’ for ‘‘this chapter’’, was exe- cuted to subsec. (g)(10) of this section, which is section 192A of subtitle G of title I of the National Community Service Act of 1990, to reflect the probable intent of Congress. Subsec. (g)(11). Pub. L. 103–82, § 203(a)(2)(B), redesig- nated par. (10) as (11). 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), (2) 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. § 12651c. Chief Executive Officer (a) Appointment The Corporation shall be headed by an indi- vidual who shall serve as Chief Executive Officer of the Corporation, and who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Compensation The Chief Executive Officer shall be com- pensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, plus 3 percent. (c) Regulations The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out the national service laws. (Pub. L. 101–610, title I, § 193, as added and amended Pub. L. 103–82, title II, §§ 202(a), 203(a)(1)(B), Sept. 21, 1993, 107 Stat. 877, 891; Pub. L. 111–13, title I, § 1703, Apr. 21, 2009, 123 Stat. 1545.) Editorial Notes AMENDMENTS 2009—Subsec. (b). Pub. L. 111–13 inserted ‘‘, plus 3 per- cent’’ 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 sub- stituting ‘‘the national service laws’’ for ‘‘this chap- ter’’, 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. 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 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 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—