167
grams funded under one of the national service
laws, and in State government;
‘‘(B) who represent a broad range of view-
points;
‘‘(C) who are experts in the delivery of
human, educational, environmental, or public
safety services;
‘‘(D) so that the Board shall be diverse ac-
cording to race, ethnicity, age, and gender; and
‘‘(E) so that no more than 6 appointed
members of the Board are from a single politi-
cal party.
‘‘(3) INITIAL MEMBERS.—No fewer than 8 of
the members first appointed to the Board after the
date of enactment of this section shall be appointed
from among individuals who served on the Board of
Directors of the Commission on National and Com-
munity Service.
‘‘(4) EX OFFICIO MEMBERS.—The Secretary of
Education, the Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of
the Interior, the Secretary of Agriculture, the Sec-
retary of Housing and Urban Development, the Sec-
retary of Defense, the Attorney General, the Direc-
tor of the Peace Corps, and the Administrator of the
168
Environmental Protection Agency shall serve as ex
officio nonvoting members of the Board.
‘‘(b) TERMS.—Each appointed member of the Board
shall serve for a term of 3 years, except that 4 of the mem-
bers first appointed to the Board after the date of enact-
ment of this section shall serve for a term of 1 year and
4 shall serve for a term of 2 years, as designated by the
President.
‘‘(c) VACANCIES.—As vacancies occur on the Board,
new members shall be appointed by the President, by and
with the advice and consent of the Senate, and serve for
the remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not affect
the power of the remaining members to execute the duties
of the Board.
‘‘SEC. 192A. AUTHORITIES AND DUTIES OF THE BOARD OF
DIRECTORS.
‘‘(a) MEETINGS.—The Board shall meet not less than
3 times each year. The Board shall hold additional meet-
ings if 6 members of the Board request such meetings in
writing.
‘‘(b) QUORUM.—A majority of the appointed mem-
bers of the Board shall constitute a quorum.
‘‘(c) OFFICERS.—
169
‘‘(1) VICE
CHAIRPERSON.—The Board shall
elect a Vice Chairperson from among its member-
ship. The Vice Chairperson may conduct meetings of
the Board in the absence of the Chairperson.
‘‘(2) OTHER OFFICERS.—The Board may elect
from among its membership such additional officers
of the Board as the Board determines to be appro-
priate.
‘‘(d) INSPECTOR GENERAL OVERSIGHT COMMIT-
TEE.—The Board shall establish an Inspector General
oversight committee (referred to in this subtitle as the
‘oversight committee’). Such committee shall be comprised
of the Vice Chairperson and two members selected by the
Vice Chairperson. The Chairperson shall not serve on the
oversight committee.
‘‘(e) EXPENSES.—While away from their homes or
regular places of business on the business of the Board,
members of such Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chap-
ter 57 of title 5, United States Code, for persons employed
intermittently in the Government service.
‘‘(f) SPECIAL GOVERNMENT EMPLOYEES.—For pur-
poses of the provisions of chapter 11 of part I of title 18,
United States Code, and any other provision of Federal
170
law, a member of the Board (to whom such provisions
would not otherwise apply except for this subsection) shall
be a special Government employee.
‘‘(g) STATUS OF MEMBERS.—
‘‘(1) TORT CLAIMS.—For the purposes of the
tort claims provisions of chapter 171 of title 28,
United States Code, a member of the Board shall be
considered to be a Federal employee.
‘‘(2) OTHER CLAIMS.—A member of the Board
has no personal liability under Federal law with re-
spect to any claim arising out of or resulting from
any act or omission by such person, within the scope
of the service of the member on the Board, in con-
nection with any transaction involving the provision
of financial assistance by the Corporation. This
paragraph shall not be construed to limit personal li-
ability for criminal acts or omissions, willful or mali-
cious misconduct, acts or omissions for private gain,
or any other act or omission outside the scope of the
service of such member on the Board.
‘‘(3) EFFECT ON OTHER LAW.—This subsection
shall not be construed—
‘‘(A) to affect any other immunities and
protections that may be available to such mem-
171
ber under applicable law with respect to such
transactions;
‘‘(B) to affect any other right or remedy
against the Corporation, against the United
States under applicable law, or against any per-
son other than a member of the Board partici-
pating in such transactions; or
‘‘(C) to limit or alter in any way the im-
munities that are available under applicable law
for Federal officials and employees not de-
scribed in this subsection.
‘‘(h) DUTIES.—The Board shall—
‘‘(1) make such grants and allotments, enter
into such contracts, award such other financial as-
sistance, make such payments (in lump sum or in-
stallments, and in advance or by way of reimburse-
ment, and in the case of financial assistance other-
wise authorized under this Act, with necessary ad-
justments on account of overpayments and under-
payments), and designate such positions as approved
national service positions as are necessary or appro-
priate to carry out this Act;
‘‘(2) prepare a strategic plan every 3 years, and
annual updates of the plan, for the Corporation with
respect to the grants, allotments, contracts, assist-
172
ance, and payments described in paragraph (1), and
with respect to such standards, policies, procedures,
programs, and initiatives as are necessary or appro-
priate to carry out this Act;
‘‘(3) make recommendations with respect to the
regulations 
established 
under 
section
195(a)(3)(B)(i);
‘‘(4)(A) review the actions of the Chairperson
with respect to the personnel of the Corporation,
and with respect to the standards, policies, proce-
dures, programs, and initiatives; and
‘‘(B) inform the Chairperson of any aspects of
the actions of the Chairperson that are not in com-
pliance with the annual strategic plan described in
paragraph (2) or the recommendations described in
paragraph (3), or are not consistent with the objec-
tives of this Act;
‘‘(5) receive, and act on, the reports issued by
the Inspector General of the Corporation;
‘‘(6) arrange for the evaluation of programs es-
tablished under this Act, in accordance with section
179;
‘‘(7) provide for research with respect to na-
tional and community service programs, including
service-learning programs;
173
‘‘(8) advise the President and the Congress con-
cerning developments in national and community
service that merit the attention of the President and
the Congress;
‘‘(9) disseminate information regarding the pro-
grams and initiatives of the Corporation; and
‘‘(10) carry out any other activities determined
to be appropriate by the Chairperson.
‘‘(i) ADMINISTRATION.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply with respect
to the Board.
‘‘SEC. 193. CHAIRPERSON AND DIRECTOR.
‘‘(a) APPOINTMENT.—The Corporation shall be head-
ed by an individual who shall serve as Chairperson of the
Board and as Director of the Corporation, and who shall
be appointed by the President, by and with the advice and
consent of the Senate.
‘‘(b) COMPENSATION.—The Chairperson shall be
compensated at the rate provided for level III of the Exec-
utive Schedule under section 5314 of title 5, United States
Code.
‘‘(c) REGULATIONS.—The Chairperson shall pre-
scribe such rules and regulations as are necessary or ap-
propriate to carry out this Act.
174
‘‘SEC. 193A. AUTHORITIES AND DUTIES OF THE CHAIR-
PERSON.
‘‘(a) GENERAL POWERS AND DUTIES.—The Chair-
person shall be responsible for the exercise of the powers
and the discharge of the duties of the Corporation that
are not reserved to the Board, and shall have authority
and control over all personnel of the Corporation.
‘‘(b) DUTIES.—In addition to the duties conferred on
the Chairperson under any other provision of this Act, the
Chairperson shall—
‘‘(1) submit a proposal to the Board regarding,
and establish, such standards, policies, and proce-
dures, as are necessary or appropriate to carry out
this Act;
‘‘(2) establish and administer such programs
and initiatives as the Chairperson, acting on the rec-
ommendation of the Board, may determine to be
necessary or appropriate to carry out this Act;
‘‘(3) consult with appropriate Federal agencies
in administering such programs and initiatives;
‘‘(4) on the recommendation of the Board, sus-
pend or terminate payments and positions described
in section 192A(h)(1), in accordance with section
176;
‘‘(5) prepare and submit to the Board an an-
nual report, and such interim reports as may be nec-
175
essary, describing the major actions of the Chair-
person with respect to the personnel of the Corpora-
tion, and with respect to such standards, policies,
procedures, programs, and initiatives;
‘‘(6) notify, and provide an explanation to, the
Board regarding any substantial differences between
the actions of the Chairperson and the strategic plan
described in section 192A(h)(2); and
‘‘(7) prepare and submit to the appropriate
committees of Congress an annual report, and such
interim reports as may be necessary, describing—
‘‘(A) the services referred to in paragraph
(1), and the money and property referred to in
paragraph (2), of section 196(a) that have been
accepted by the Corporation; and
‘‘(B) the manner in which the Corporation
used or disposed of such services, money, and
property.
‘‘(c) POWERS.—In addition to the authority conferred
on the Chairperson under any other provision of this Act,
the Chairperson may—
‘‘(1) establish, alter, consolidate, or discontinue
such organizational units or components within the
Corporation as the Chairperson considers necessary
or appropriate;
176
‘‘(2) with the approval of the President—
‘‘(A) arrange with and reimburse the heads
of other Federal agencies for the performance
of any of the provisions of this Act; and
‘‘(B) as necessary or appropriate—
‘‘(i) delegate any of the functions of
the Chairperson under this Act, or, with
the permission of the Board, any of the
functions of the Board under this Act, to
such heads of Federal agencies; and
‘‘(ii) authorize the redelegation of
such functions,
subject to provisions to assure the maximum
possible liaison between the Corporation and
such other agencies at all operating levels;
‘‘(3) with their consent, utilize the services and
facilities of Federal agencies with or without reim-
bursement, 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, or transfer to other
Federal agencies for expenditure, funds made avail-
able under this Act, including expenditure for con-
struction, repairs, and capital improvements;
177
‘‘(5) disseminate, without regard to the provi-
sions of section 3204 of title 39, United States
Code, data and information, in such form as the
Chairperson shall determine to be appropriate to
public agencies, private organizations, and the gen-
eral public;
‘‘(6) collect or compromise all obligations to or
held by the Chairperson and all legal or equitable
rights accruing to the Chairperson in connection
with the payment of obligations in accordance with
chapter 37 of title 31, United States Code (com-
monly known as the ‘Federal Claims Collection Act
of 1966’);
‘‘(7) expend funds made available for purposes
of this Act, without regard to any other law or regu-
lation, for rent of buildings and space in buildings
and for repair, alteration, and improvement of build-
ings and space in buildings rented by the Chair-
person;
‘‘(8) 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 Act;
‘‘(9) exercise the authorities of the Corporation
under section 196; and
178
‘‘(10) generally perform such functions and
take such steps consistent with the objectives and
provisions of this Act, as the Chairperson determines
to be necessary or appropriate to carry out such pro-
visions.
‘‘(d) DELEGATION.—
‘‘(1) DEFINITION.—As used in this subsection,
the term ‘function’ means any duty, obligation,
power, authority, responsibility, right, privilege, ac-
tivity, or program.
‘‘(2) IN GENERAL.—Except as otherwise pro-
hibited by law or provided in this Act, the Chair-
person may delegate any function under this Act,
and authorize such successive redelegations of such
function as may be necessary or appropriate. No del-
egation of a function by the Chairperson under this
subsection or under any other provision of this Act
shall relieve such Chairperson of responsibility for
the administration of such function.
‘‘(3) FUNCTION OF BOARD.—The Chairperson
may not delegate a function of the Board without
the permission of the Board.
‘‘(e) ACTIONS.—In an action described in subsection
(c)(8)—
179
‘‘(1) a district court referred to in such sub-
section shall have jurisdiction of such a civil action
without regard to the amount in controversy;
‘‘(2) such an action brought by the Chairperson
shall survive notwithstanding any change in the per-
son occupying the office of Chairperson or any va-
cancy in that office;
‘‘(3) no attachment, injunction, garnishment, or
other similar process, mesne or final, shall be issued
against the Chairperson or the Board or property
under the control of the Chairperson or the Board;
and
‘‘(4) nothing in this section shall be construed
to except litigation arising out of activities under
this Act from the application of sections 509, 517,
547, and 2679 of title 28, United States Code.
‘‘SEC. 194. OFFICERS.
‘‘(a) MANAGING DIRECTORS.—
‘‘(1) IN GENERAL.—There shall be in the Cor-
poration 2 Managing Directors, who shall be ap-
pointed by the President, by and with the advice and
consent of the Senate.
‘‘(2) COMPENSATION.—The Managing Direc-
tors shall be compensated at the rate provided for
180
level IV of the Executive Schedule under section
5315 of title 5, United States Code.
‘‘(3) DUTIES.—
‘‘(A) FEDERAL
PROGRAMS.—One of the
Managing Directors shall be primarily respon-
sible for the Federal programs carried out by
the Corporation.
‘‘(B) INVESTMENT PROGRAMS.—The other
Managing Director shall be primarily respon-
sible for the financial assistance programs car-
ried out by the Corporation.
‘‘(b) INSPECTOR GENERAL.—
‘‘(1) OFFICE.—There shall be in the Corpora-
tion an Office of the Inspector General.
‘‘(2) APPOINTMENT.—
‘‘(A) IN
GENERAL.—The Office shall be
headed by an Inspector General, appointed by
the President, by and with the consent of the
Senate.
‘‘(B) REPORTING.—The Inspector General
shall report directly to the oversight committee.
‘‘(3) COMPENSATION.—The Inspector General
shall be compensated at the rate provided for level
IV of the Executive Schedule under section 5315 of
title 5, United States Code.
181
‘‘(4) DUTIES.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for purposes of the Inspector
General Act of 1978 (5 U.S.C. App.)—
‘‘(i) the Corporation shall be consid-
ered to be a designated Federal entity, as
defined in section 8E(2) of such Act; and
‘‘(ii) except as provided in paragraph
(2)(A), the oversight committee shall be
considered to be the head of the designated
Federal entity, as defined in section 8E(4)
of such Act.
‘‘(B) PROGRAM FRAUD.—For purposes of
chapter 38 of title 31, United States Code
(commonly known as the ‘Program Fraud Civil
Remedies Act of 1986’)—
‘‘(i) the Corporation shall be consid-
ered to be an authority, as defined in sec-
tion 3801(a)(1) of such Act;
‘‘(ii) the oversight committee shall be
considered to be an authority head, as de-
fined in section 3801(a)(2) of such Act;
and
‘‘(iii) the Inspector General shall be
considered to be an investigating official,
182
as defined in section 3801(a)(4) of such
Act.
‘‘(c) CHIEF FINANCIAL OFFICER.—
‘‘(1) OFFICE.—There shall be in the Corpora-
tion a Chief Financial Officer, who shall be ap-
pointed by the President, by and with the advice and
consent of the Senate.
‘‘(2) COMPENSATION.—The Chief Financial Of-
ficer shall be compensated at the rate provided for
level IV of the Executive Schedule under section
5315 of title 5, United States Code.
‘‘(3) DUTIES.—The Chief Financial Officer
shall—
‘‘(A) report directly to the Chairperson re-
garding financial management matters;
‘‘(B) oversee all financial management ac-
tivities relating to the programs and operations
of the Corporation;
‘‘(C) develop and maintain an integrated
accounting and financial management system
for the Corporation, including financial report-
ing and internal controls;
‘‘(D) develop and maintain any joint finan-
cial management systems with the Department
183
of Education necessary to carry out the pro-
grams of the Corporation; and
‘‘(E) direct, manage, and provide policy
guidance and oversight of the financial manage-
ment personnel, activities, and operations of the
Corporation.
‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER-
SONNEL.
‘‘(a) EMPLOYEES.—
‘‘(1) IN GENERAL.—The Chairperson may ap-
point and determine the compensation of such em-
ployees as the Chairperson determines to be nec-
essary to carry out the duties of the Corporation.
‘‘(2) TERMS.—
‘‘(A) INITIAL TERM.—
‘‘(i) LENGTH OF TERM.—Such an em-
ployee shall be appointed for an initial
term that shall not exceed 5 years.
‘‘(ii) 
PROBATION
PERIOD.—The
Chairperson shall take such action, includ-
ing the issuance of rules, regulations, and
directives, as shall provide, as nearly as
conditions of good administration warrant,
for a 1-year period of probation before
such an appointment becomes final.
184
‘‘(B) APPOINTMENT
EXTENSIONS.—The
appointment of an employee may be extended if
the Chairperson determines that such an exten-
sion is necessary to ensure the continuity of
functions under this Act.
‘‘(C) APPOINTMENT IN THE COMPETITIVE
SERVICE
AFTER
EMPLOYMENT
IN
THE
COR-
PORATION.—
‘‘(i) EMPLOYEES
WITH
NOT
LESS
THAN 3 YEARS OF EMPLOYMENT.—If an
employee, other than a representative de-
scribed in section 195(b), is separated
from the Corporation (other than by re-
moval for cause), and has been continu-
ously employed by the Corporation for a
period of not less than 3 years, such period
shall be treated as a period of service in
the competitive service for purposes of
chapter 33 of title 5, United States Code.
‘‘(ii) EMPLOYEES
WITH
NOT
LESS
THAN 1 BUT LESS THAN 3 YEARS OF EM-
PLOYMENT.—If an employee, other than a
representative described in section 195(b),
is separated from the Corporation (other
than by removal for cause), and has been
185
continuously employed by the Corporation
for a period of not less than 1 year, but
less than 3 years, such period shall be
treated as a period of service in the com-
petitive service for purposes of chapter 33
of title 5, United States Code, until the
date that is 3 years after the date of sepa-
ration.
‘‘(iii) DEFINITION.—As used in this
subparagraph, the term ‘competitive serv-
ice’ has the meaning given the term in sec-
tion 2102 of title 5, United States Code.
‘‘(3) APPOINTMENT AND COMPENSATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B)(iv) and (C)(ii), the Chair-
person may appoint and determine the com-
pensation of employees under this subsection
without regard to the provisions of title 5, Unit-
ed States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification
and General Schedule pay rates.
‘‘(B) CORPORATION SELECTION AND COM-
PENSATION SYSTEMS.—
186
‘‘(i) ESTABLISHMENT
OF
SYSTEM.—
The Chairperson, after consultation with
the Director of the Office of Personnel
Management and after reviewing the rec-
ommendations of the Board under section
192A(h)(3), shall issue regulations estab-
lishing selection and compensation systems
for the Corporation. In issuing such regu-
lations, the Chairperson shall take into
consideration the need for flexibility in
such a system.
‘‘(ii) APPLICATION.—The Chairperson
shall appoint and determine the compensa-
tion of employees referred to in paragraph
(1), other than representatives described in
section 195(b), in accordance with the se-
lection and compensation systems referred
to in clause (i).
‘‘(iii) SELECTION
SYSTEM.—The se-
lection system shall provide for the selec-
tion of such an employee for such a posi-
tion—
‘‘(I) through a competitive proc-
ess; and
187
‘‘(II) on the basis of the quali-
fications of applicants and the re-
quirements of the position.
‘‘(iv) COMPENSATION
SYSTEM.—The
compensation 
system 
shall 
include 
a
scheme for the classification of positions in
the Corporation. The system shall require
that the compensation of such an employee
be determined based in part on the job
performance of the employee, and in a
manner consistent with the principles de-
scribed in section 5301 of title 5, United
States Code. The rate of compensation for
each employee compensated through the
system shall not exceed the annual rate of
basic pay payable for level IV of the Exec-
utive Schedule under section 5315 of title
5, United States Code.
‘‘(C) SELECTION AND COMPENSATION OF
CORPORATION REPRESENTATIVES.—
‘‘(i) IN GENERAL.—The Chairperson
may appoint and determine the compensa-
tion of representatives described in section
195(b) without regard to the selection and
188
compensation systems described in sub-
paragraph (B).
‘‘(ii) 
LIMITATION
ON
COMPENSA-
TION.—The rate of compensation for each
representative described in section 195(b)
shall not exceed the maximum rate of basic
pay payable for GS–15 of the General
Schedule under section 5332 of title 5,
United States Code.
‘‘(b) CORPORATION
REPRESENTATIVE
IN
EACH
STATE.—
‘‘(1) DESIGNATION OF REPRESENTATIVE.—The
Corporation shall designate 1 employee of the Cor-
poration for each State or group of States to serve
as the representative of the Corporation in the State
or States and to assist the Corporation in carrying
out the activities described in this Act 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; and
189
‘‘(B) the Corporation and any subdivision
of a State, Indian tribe, public or private non-
profit organization, or institution of higher edu-
cation, in the State or States, that is awarded
a grant under section 121 directly from the
Corporation.
‘‘(3) MEMBER
OF
STATE
COMMISSION.—The
representative designated under this subsection for a
State or group of States shall also serve as a voting
member of the State Commission established in the
State or States.
‘‘(c) CONSULTANTS.—The Chairperson 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, United
States Code.
‘‘(d) DETAILS OF PERSONNEL.—The head of any
Federal department or agency may detail on a reimburs-
able basis, or on a nonreimbursable basis for not to exceed
180 calendar days during any fiscal year, as agreed upon
by the Chairperson and the head of the Federal agency,
any of the personnel of that department or agency to the
Corporation to assist the Corporation in carrying out the
duties of the Corporation under this Act. Any detail shall
190
not interrupt or otherwise affect the civil service status
or privileges of the Federal employee.
‘‘(e) ADVISORY COMMITTEES.—
‘‘(1) ESTABLISHMENT.—The Chairperson, act-
ing upon the recommendation of the Board, may es-
tablish advisory committees in the Corporation to
advise the Board with respect to national service is-
sues, such as the type of programs to be established
or assisted under the national service laws, priorities
and criteria for such programs, and methods of
conducting outreach for, and evaluation of, such
programs.
‘‘(2) COMPOSITION.—Such an advisory commit-
tee shall be composed of members appointed by the
Chairperson, with such qualifications as the Chair-
person may specify.
‘‘(3) EXPENSES.—Members of such an advisory
committee may be allowed travel expenses as de-
scribed in section 192A(e).
‘‘(4) STAFF.—The Chairperson is authorized to
appoint and fix the compensation of such staff as
the Chairperson determines to be necessary to carry
out the functions of the advisory committee, in ac-
cordance with subsection (a)(3)(A), and without re-
gard to the selection and compensation systems de-
191
scribed in subsection (a)(3)(B). Such compensation
shall not exceed the rate described in subsection
(a)(3)(C)(ii).
‘‘SEC. 196. ADMINISTRATION.
‘‘(a) DONATIONS.—
‘‘(1) SERVICES.—
‘‘(A) VOLUNTEERS.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the
Corporation may solicit and accept the vol-
untary services of individuals to assist the Cor-
poration in carrying out the duties of the Cor-
poration under this Act, and may provide to
such individuals the travel expenses described in
section 192A(e).
‘‘(B) LIMITATION.—Such a volunteer shall
not be considered to be a Federal employee and
shall not be subject to the provisions of law re-
lating to Federal employment, including those
relating to hours of work, rates of compensa-
tion, leave, unemployment compensation, and
Federal employee benefits, except that—
‘‘(i) for the purposes of the tort
claims provisions of chapter 171 of title
28, United States Code, a volunteer under
192
this subtitle shall be considered to be a
Federal employee; and
‘‘(ii) for the purposes of subchapter I
of chapter 81 of title 5, United States
Code, relating to compensation to Federal
employees for work injuries, volunteers
under this subtitle shall be considered to
be employees, as defined in section
8101(1)(B) of title 5, United States Code,
and the provisions of such subchapter shall
apply.
‘‘(2) PROPERTY.—The Corporation may solicit,
accept, use, and dispose of, in furtherance of the
purposes of this Act, donations of any money or
property, real, personal, or mixed, tangible or intan-
gible, received by gift, devise, bequest, or otherwise.
‘‘(3) RULES.—The Chairperson shall establish
written rules setting forth the criteria to ensure that
the solicitation or acceptance of contributions of
money or property, real, personal, or mixed, tangible
or intangible, received by gift, device, bequest, or
otherwise (pursuant to paragraph (2)) will not re-
flect unfavorably upon the ability of the Corporation
or any employee of the Corporation to carry out the
responsibilities or official duties of the Corporation
193
in a fair and objective manner, or compromise the
integrity of the programs of the Corporation or any
official involved in such programs.
‘‘(4) DISPOSITION.—Upon completion of the
use by the Corporation of any property described in
paragraph (2), such completion shall be reported to
the General Services Administration and such prop-
erty shall be disposed of in accordance with title II
of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 481 et seq.).
‘‘(5) VOLUNTEER.—As used in this subsection,
the term ‘volunteer’ does not include a participant.
‘‘(b) CONTRACTS.—Subject to the Federal Property
and Administrative Services Act of 1949, the Corporation
may enter into contracts, and cooperative and interagency
agreements, with Federal and State agencies, private
firms, institutions, and individuals to conduct activities
necessary to carry out the duties of the Corporation under
this Act.’’.
(b) DOMESTIC
VOLUNTEER
SERVICE
ACT
OF
1973.—Section 401 of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 5041) is amended by inserting after
the second sentence the following: ‘‘The Director shall re-
port directly to the Chairperson of the Corporation for Na-
tional Service.’’.
194
(c) TRANSFER OF FUNCTIONS OF COMMISSION ON
NATIONAL AND COMMUNITY SERVICE.—
(1) DEFINITIONS.—For purposes of this sub-
section, unless otherwise provided or indicated by
the context, each term specified in section 203(c)(1)
shall have the meaning given the term in such sec-
tion.
(2) TRANSFER
OF
FUNCTIONS.—There are
transferred to the Corporation the functions that the
Board of Directors or Executive Director of the
Commission on National and Community Service ex-
ercised before the effective date of this subsection
(including all related functions of any officer or em-
ployee of the Commission).
(3) APPLICATION.—The provisions of para-
graphs (3) through (10) of section 203(c) shall
apply with respect to the transfer described in para-
graph (2), except that—
(A) for purposes of such application, ref-
erences to the term ‘‘ACTION Agency’’ shall be
deemed to be references to the Corporation; and
(B) paragraph (10) of such section shall
not preclude the transfer of the members of the
Board of Directors of the Commission to the
Corporation if, on the effective date of this sub-
195
section, the Board of Directors of the Corpora-
tion has not been confirmed.
(d) CONTINUING PERFORMANCE OF CERTAIN FUNC-
TIONS.—The individuals who, on the day before the date
of enactment of this Act, are performing any of the func-
tions required by section 190 of the National and Commu-
nity Service Act of 1990 (42 U.S.C. 12651), as in effect
on such date, to be performed by the members of the
Board of Directors of the Commission on National and
Community Service may, subject to section 193A of the
National and Community Service Act of 1990, as added
by subsection (a) of this section, continue to perform such
functions until the date on the Board of Directors of the
Corporation for National Service conducts the first meet-
ing of the Board. The service of such individuals as mem-
bers of the Board of Directors of such Commission, and
the employment of such individuals as special government
employees, shall terminate on such date.
(e) JOB SEARCH ASSISTANCE.—The Chairperson
shall establish a program to provide, or shall seek to enter
into a memorandum of understanding with the Director
of the Office of Personnel Management to provide, job
search and related assistance to employees of the ACTION
agency who are not transferred to the Corporation for Na-
tional Service under section 203(c).