218
‘‘(h) DUTIES.—The Board shall—
‘‘(1) prepare a strategic plan every 3 years, and
annual updates of the plan, for the Corporation with
respect to the grants, allotments, contracts, assist-
ance, and payments made by the Corporation, and
with respect to such standards, policies, procedures,
programs, and initiatives as are necessary or appro-
priate to carry out this Act;
‘‘(2) make recommendations with respect to the
regulations established under section 195(b)(3)(A);
‘‘(3)(A) review the actions of the Chairperson
with respect to—
‘‘(i) grants, allotments, contracts, assist-
ance, and payments made by the Corporation;
‘‘(ii) the personnel of the Corporation; and
‘‘(iii) the standards, policies, procedures,
programs, and initiatives of the Corporation;
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 (1) or the recommendations described in
paragraph (2), or are not consistent with the objec-
tives of this Act;
219
‘‘(4) receive reports issued by the Inspector
General of the Corporation and review actions taken
by the Chairperson with respect to such reports;
‘‘(5) review the evaluation of programs estab-
lished under this Act, in accordance with section
179;
‘‘(6) make recommendations for research with
respect to national and community service programs,
including service-learning programs;
‘‘(7) advise the President and the Congress con-
cerning developments in national and community
service that merit the attention of the President and
the Congress;
‘‘(8) disseminate information regarding the pro-
grams and initiatives of the Corporation;
‘‘(9) carry out any other activities determined
to be appropriate by the Chairperson; and
‘‘(10) for purposes of subsection (i)(2) and sec-
tion 178(d)(6)(B), issue regulations to waive the dis-
qualification of members of the Board and members
of the State Commission (or of an alternative ad-
ministrative entity) selectively in a random, non-
discretionary manner and only to the extent nec-
essary to establish the quorum involved, including
rules that forbid each member of the Board and
220
each voting member of a State Commission (or of
such entity) to participate in any discussion or deci-
sion regarding the provision of assistance or ap-
proved national service positions, or the continu-
ation, suspension, or termination of such assistance
or such positions, to any program or entity of which
such member of the Board or such member of the
State Commission (or of such entity) is, or in the 1-
year period before the submission of such application
was, an officer, director, trustee, full-time volunteer,
or employee.
‘‘(i) LIMITATION ON PARTICIPATION.—
‘‘(1) GENERAL
LIMITATION.—Except as pro-
vided in paragraph (2), a member of the Board shall
not participate in the administration of the grant
program (including any discussion or decision re-
garding the provision of assistance or approved na-
tional service positions, or the continuation, suspen-
sion, or termination of such assistance or such posi-
tions, to any program or entity) described in section
121 in any period during which there is pending be-
fore the Corporation a grant application submitted
by a program or entity of which such member of the
Board is, or in the 1-year period before the submis-
221
sion of such application was, an officer, director,
trustee, partner, full-time volunteer, or employee.
‘‘(2) EXCEPTION.—If, as a result of the oper-
ation of paragraph (1), the number of members of
the Board is insufficient to establish a quorum for
the purpose of administering such program, then
members excluded from participation by paragraph
(1) may participate in the administration of such
program, notwithstanding the limitation in para-
graph (1), to the extent permitted by regulations is-
sued under subsection (h)(10) by the Corporations.
‘‘(3) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to limit the authority of a
member of the Board to participate in—
‘‘(A) discussions of, and hearings and fo-
rums on—
‘‘(i) the general duties, policies, and
operations of the Commission (or of such
entity); or
‘‘(ii) the general administration of
such program; or
‘‘(B) similar general matters relating to
the Corporation.
‘‘(j) COORDINATION WITH OTHER FEDERAL ACTIVI-
TIES.—As part of the agenda of meetings of the Board
222
under subsection (a), the Board shall review projects and
programs conducted or funded by the Corporation under
the national service laws to improve the coordination be-
tween such projects and programs and the activities of
other Federal agencies that deal with the individuals and
communities participating in or benefiting from such
projects and programs. The ex officio members of the
Board specified in section 192(a)(3) are encouraged to
jointly plan, implement, and fund activities in connection
with projects and programs conducted under the national
service laws to ensure that Federal efforts attempt to ad-
dress the total needs of participants, their communities,
and the persons and communities they serve.
‘‘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.
223
‘‘(c) REGULATIONS.—The Chairperson shall pre-
scribe such rules and regulations as are necessary or ap-
propriate to carry out this Act.
‘‘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 provided
225
‘‘(1) establish, alter, consolidate, or discontinue
such organizational units or components within the
Corporation as the Chairperson considers necessary
or appropriate;
‘‘(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;
226
‘‘(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;
‘‘(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
227
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
‘‘(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.
228
‘‘(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)—
‘‘(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.
‘‘(f) FULL FUNDING
OF COSTS
TO STATE
AND
LOCAL GOVERNMENTS OF REQUIREMENTS UNDER NA-
TIONAL SERVICE LAWS.—Notwithstanding any other pro-
vision of law, a national service law may not impose any
229
requirement that a unit of State or local government con-
duct an activity, unless paid for by the Federal govern-
ment. However, voluntary participation by States or pro-
gram sponsors may include cost-sharing formulas, health
care, child care, and other allowances and other require-
ments proscribed by the Act.
‘‘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
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.
231
‘‘(D) develop and maintain any joint finan-
cial management systems with the Department
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. 194A. CORPORATION STATE OFFICES.
‘‘(a) IN GENERAL.—The Chairperson shall establish
and maintain a decentralized field structure which pro-
vides for an office of the Corporation for each State which
is located in or in reasonable proximity of each such State.
Such State office may be directed by the State Corpora-
tion representative designated under section 195(b)(1).
‘‘(b) DUTIES.—Each State office established pursu-
ant to subsection (a) shall—
‘‘(1) provide to the State Commissions estab-
lished under section 178 technical and other assist-
ance for the development and implementation of
State service plans;
‘‘(2) provide to community-based agencies and
other entities within the State technical assistance
for the preparation of applications for assistance
under the national service laws, utilizing, as appro-
232
priate, information and materials provided by the
clearinghouses established pursuant to section 198A;
‘‘(3) provide to the State Commission and other
entities within the State support and technical as-
sistance necessary to assure that there is an effective
system of recruitment, placement, and training of
volunteers within the State;
‘‘(4) monitor and evaluate the performance of
all programs and projects within the State which re-
ceive assistance under the national service laws; and
‘‘(5) perform such other duties and functions
which may be assigned or delegated by the Chair-
person.
‘‘SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PER-
SONNEL.
‘‘(a) EMPLOYEES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and subsections (b) and (c), the Chair-
person shall, in accordance with applicable provi-
sions of title 5 of the United States Code, appoint
and determine the compensation of such employees
as the Chairperson determines to be necessary to
carry out the duties of the Corporation.
‘‘(2) ASSISTANT
DIRECTORS
FOR
VISTA
AND
NATIONAL SENIOR VOLUNTEER CORPS.—
233
‘‘(A) APPOINTMENT.—The Managing Di-
rector primarily responsible for the Federal pro-
grams carried out by the Corporation (ap-
pointed pursuant to section 194(a)) shall, in ac-
cordance with applicable provisions of title 5 of
the United States Code, appoint 4 Assistant Di-
rectors who shall report directly to such Manag-
ing Director, of which—
‘‘(i) 1 Assistant Director shall be re-
sponsible for parts A and B 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;
‘‘(ii) 1 Assistant Director shall be re-
sponsible for part A of title II of that Act
(relating to the Retired Senior Volunteer
Program);
‘‘(iii) 1 Assistant Director shall be re-
sponsible for part B of title II of that Act
(relating to the Foster Grandparent Pro-
gram); and
‘‘(iv) 1 Assistant Director shall be re-
sponsible for part C of title II of that Act
234
(relating to the Senior Companion Pro-
gram).
‘‘(B) EFFECTIVE DATE FOR EXERCISE OF
AUTHORITY.—Each 
Assistant 
Director 
ap-
pointed pursuant to subparagraph (A) may ex-
ercise the authority assigned to each such Di-
rector only after the effective date of section
203(b) of the National Service Trust Act of
1993.
‘‘(b) ALTERNATIVE PERSONNEL SYSTEM.—
‘‘(1) AUTHORITY.—To the extent the Chair-
person determines it appropriate and desirable to
further the effective operation of the Corporation,
the Chairperson may designate positions in the Cor-
poration to which appointments may be made and
for which compensation may be determined without
regard to the provisions of title 5, United 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. The Chairperson may provide for appoint-
ments to such positions to be made on a limited
term basis.
235
‘‘(2) APPOINTMENT
IN
THE
COMPETITIVE
SERVICE AFTER EMPLOYMENT UNDER ALTERNATIVE
PERSONNEL SYSTEM.—The Director of the Office of
Personnel Management may grant competitive sta-
tus for appointment 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 Corporation (other than
by removal for cause).
‘‘(3) SELECTION
AND
COMPENSATION
SYS-
TEM.—
‘‘(A) ESTABLISHMENT
OF
SYSTEM.—The
Chairperson, after reviewing the recommenda-
tions of the Board under section 192A(h)(2),
and after obtaining the approval of the Director
of the Office of Personnel Management, shall
issue regulations establishing a selection and
compensation system for employees of the Cor-
poration appointed under paragraph (1). In is-
suing such regulations, the Chairperson shall
take into consideration the need for flexibility in
such a system.
‘‘(B) 
APPLICATION.—The 
Chairperson
shall appoint and determine the compensation
of employees in accordance with the selection
236
and compensation system established under
subparagraph (A).
‘‘(C) SELECTION.—The system established
under subparagraph (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
positions.
‘‘(D) COMPENSATION.—The system estab-
lished under subparagraph (A) shall include a
scheme for the classification of positions in the
Corporation. The system shall require that the
compensation 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,
United States Code. The rate of compensation
for each employee compensated under the sys-
tem shall not exceed the annual rate of basic
pay payable for level IV of the Executive Sched-
ule under section 5315 of title 5, United States
Code.
237
‘‘(c) CORPORATION
REPRESENTATIVE
IN
EACH
STATE.—
‘‘(1) APPOINTMENT
OF
REPRESENTATIVE.—
The Chairperson shall, without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service, appoint an
employee to serve as the representative of the Cor-
poration for each State or group of States to assist
the Corporation in carrying out the activities de-
scribed in this Act in the State or States.
‘‘(2) DUTIES.—The representative appointed
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
‘‘(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 appointed under this subsection for a
State or group of States shall also serve as a voting
238
member of the State Commission established in the
State or States.
‘‘(4) COMPENSATION.—
‘‘(A) IN GENERAL.—The Chairperson may
determine the compensation of representatives
appointed under this subsection without regard
to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code,
relating to classification and General Schedule
pay rates.
‘‘(B) LIMITATION
ON
COMPENSATION.—
The rate of compensation for each representa-
tive appointed under this subsection shall not
exceed the maximum rate of basic pay payable
for GS–15 of the General Schedule under sec-
tion 5332 of title 5, United States Code.
‘‘(d) 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.
‘‘(e) 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
239
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
not interrupt or otherwise affect the civil service status
or privileges of the Federal employee.
‘‘(f) 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 con-
ducting outreach for, and evaluation of, such pro-
grams.
‘‘(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
240
the Chairperson determines to be necessary to carry
out the functions of the advisory committee, without
regard to the provisions of title 5, United 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. Such compensation 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.
‘‘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-
241
lating to Federal employment, including those
relating to hours of work, rates of compensa-
tion, leave, unemployment compensation, and
Federal employee benefits, except that for the
purposes of subchapter I of chapter 81 of title
5, United States Code, relating to compensation
to Federal employees for work injuries, volun-
teers under this subtitle shall be considered to
be employees, as defined in section 8101(1)(B)
of title 5, United States Code, and the provi-
sions of such subchapter shall apply.
‘‘(C) VOLUNTEER
DEFINED.—For pur-
poses of this paragraph, the term ‘volunteer’
does not include a participant.
‘‘(2) PROPERTY.—
‘‘(A) SOLICITATION AND ACCEPTANCE AU-
THORIZED.—The Corporation may solicit, ac-
cept, hold, administer, use, and dispose of, in
furtherance of the purposes of this Act, dona-
tions of any money or property, real, personal,
or mixed, tangible or intangible, received by
gift, devise, bequest, or otherwise. Donations
accepted under this subparagraph shall be used
as nearly as possibly in accordance with the
terms, if any, of such donation.
242
‘‘(B) STATUS OF CONTRIBUTION.—Any do-
nation accepted under subparagraph (A) shall
be considered to be a gift, devise, or bequest to,
or for the use of, the United States.
‘‘(C) RULES.—The Corporation shall es-
tablish written rules to ensure that the solicita-
tion, acceptance, holding, administration, and
use of donations described in subparagraph
(A)—
‘‘(i) will not reflect unfavorably upon
the ability of the Corporation, or of any of-
ficer or employee of the Corporation, to
carry out the responsibilities or official du-
ties of the Corporation in a fair and objec-
tive manner; and
‘‘(ii) will not compromise the integrity
of the programs of the Corporation or any
official or employee of the Corporation in-
volved in such programs.
‘‘(D) DISPOSITION.—Upon completion of
the use by the Corporation of any donation ac-
cepted pursuant to subparagraph (A) (other
than money or monetary proceeds from sales of
property accepted), such completion shall be re-
ported to the General Services Administration
243
and such property shall be disposed of in ac-
cordance with title II of the Federal Property
and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.).
‘‘(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.
‘‘SEC. 196A. LIMITATION ON AUTHORITY TO TAKE CERTAIN
ACTIONS.
‘‘Notwithstanding any other provision of law, the
Corporation or the Chairperson, as the case may be, shall
not—
‘‘(1) allocate, expend, or transfer to any other
Federal agency funds made available under this Act
for construction, repairs, or capital improvements;
‘‘(2) enter into a lease for real property; or
‘‘(3) dispose of surplus real property;
without receiving prior concurrence from the Committee
on Public Works and Transportation of the House of Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate.’’.
244
(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.’’.
(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—
245
(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-
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.
246
(e) GOVERNMENT CORPORATION CONTROL.—
(1) WHOLLY OWNED GOVERNMENT CORPORA-
TION.—Section 9101(3) of title 31, United States
Code, is amended by inserting after subparagraph
(D) the following:
‘‘(E) the Corporation for National Serv-
ice.’’.
(2) AUDITS.—Section 9105(a)(1) of title 31,
United States Code, is amended by inserting ‘‘, or
under other Federal law,’’ before ‘‘or by an inde-
pendent’’.
(f) DISPOSAL OF PROPERTY.—Section 203(k) of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 484(k)) is amended by adding at the end the
following:
‘‘(5)(A) Under such regulations as the Administrator
may prescribe, the Administrator is authorized, in the dis-
cretion of the Administrator, to assign to the Chairperson
of the Corporation for National Service for disposal such
surplus property as is recommended by the Chairperson
as being needed for national service activities.
‘‘(B) Subject to the disapproval of the Administrator,
within 30 days after notice to the Administrator by the
Chairperson of a proposed transfer of property for such
activities, the Chairperson, through such officers or em-
247
ployees of the Corporation as the Chairperson may des-
ignate, may sell, lease, or donate such property to any en-
tity that receives financial assistance under the National
and Community Service Act of 1990 for such activities.
‘‘(C) In fixing the sale or lease value of such property,
the Chairperson shall comply with the requirements of
paragraph (1)(C).’’.
(g) TABLE OF CONTENTS.—Section 1(b) of the Na-
tional and Community Service Act of 1990 (Public Law
101–610; 104 Stat. 3127) is amended by striking the
items relating to subtitle G of title I of such Act and in-
serting the following:
‘‘Subtitle G—Corporation for National Service
‘‘Sec. 191. Corporation for National Service.
‘‘Sec. 192. Board of Directors.
‘‘Sec. 192A. Authorities and duties of the Board of Directors.
‘‘Sec. 193. Chairperson and Director.
‘‘Sec. 193A. Authorities and duties of the Chairperson.
‘‘Sec. 194. Officers.
‘‘Sec. 194A. Corporation State offices.
‘‘Sec. 195. Employees, consultants, and other personnel.
‘‘Sec. 196. Administration.’’.
(h) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall take effect on October 1, 1993.
(2) ESTABLISHMENT
AND
APPOINTMENT
AU-
THORITIES.—Sections 191, 192, and 193 of the Na-
tional and Community Service Act of 1990, as added
248
by subsection (a), shall take effect on the date of en-
actment of this Act.
SEC. 203. FINAL AUTHORITIES OF THE CORPORATION FOR
NATIONAL SERVICE.
(a) NATIONAL AND COMMUNITY SERVICE ACT OF
1990.—
(1) APPLICATION.—Subtitle I of the National
and Community Service Act of 1990 (as amended by
section 202 of this Act) is amended in section 191,
paragraphs (3) and (5) of section 192A(h), section
193(c), subsections (b), (c) (other than paragraph
(8)), and (d) of section 193A, subsections (c) and
(e) of section 195, and subsections (a) and (b) of
section 196, by striking ‘‘this Act’’ each place the
term appears and inserting ‘‘the national service
laws’’.
(2) GRANTS.—Section 192A(h) of the National
and Community Service Act of 1990 (as added by
section 202 of this Act) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by redesignating paragraph (9) as
paragraph (10); and
(C) by inserting after paragraph (8) the
following:
249
‘‘(9) notwithstanding any other provision of
law, make grants to or contracts with Federal or
other public departments or agencies and private
nonprofit organizations for the assignment or refer-
ral of volunteers under the provisions of the Domes-
tic Volunteer Service Act of 1973 (except as pro-
vided in section 108 of the Domestic Volunteer Serv-
ice Act of 1973), which may provide that the agency
or organization shall pay all or a part of the costs
of the program; and’’.
(b) AUTHORITIES OF ACTION AGENCY.—Sections
401 and 402 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5041 and 5042) are repealed.
(c) TRANSFER
OF
FUNCTIONS
FROM
ACTION
AGENCY.—
(1) DEFINITIONS.—For purposes of this sub-
section, unless otherwise provided or indicated by
the context—
(A) the term ‘‘Chairperson’’ means the
Chairperson of the Corporation;
(B) the term ‘‘Corporation’’ means the
Corporation for National Service, established
under section 191 of the National and Commu-
nity Service Act of 1990;
250
(C) the term ‘‘Federal agency’’ has the
meaning given to the term ‘‘agency’’ by section
551(1) of title 5, United States Code;
(D) the term ‘‘function’’ means any duty,
obligation, 
power, 
authority, 
responsibility,
right, privilege, activity, or program; and
(E) the term ‘‘office’’ includes any office,
administration, agency, institute, unit, organi-
zational entity, or component thereof.
(2) TRANSFER
OF
FUNCTIONS.—There are
transferred to the Corporation the functions that the
Director of the ACTION Agency exercised before
the effective date of this subsection (including all re-
lated functions of any officer or employee of the AC-
TION Agency).
(3) DETERMINATIONS OF CERTAIN FUNCTIONS
BY THE OFFICE OF MANAGEMENT AND BUDGET.—
If necessary, the Office of Management and Budget
shall make any determination of the functions that
are transferred under paragraph (2).
(4) REORGANIZATION.—The Chairperson is au-
thorized to allocate or reallocate any function trans-
ferred under paragraph (2) among the officers of the
Corporation.
251
(5) TRANSFER AND ALLOCATIONS OF APPRO-
PRIATIONS AND PERSONNEL.—Except as otherwise
provided in this subsection, the personnel employed
in connection with, and the assets, liabilities, con-
tracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from,
available to, or to be made available in connection
with the functions transferred by this subsection,
subject to section 1531 of title 31, United States
Code, shall be transferred to the Corporation. Unex-
pended funds transferred pursuant to this paragraph
shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(6) INCIDENTAL TRANSFER.—The Director of
the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized
to make such determinations as may be necessary
with regard to the functions transferred by this sub-
section, and to make such additional incidental dis-
positions of personnel, assets, liabilities, grants, con-
tracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such func-
252
tions, as may be necessary to carry out the provi-
sions of this subsection. The Director of the Office
of Management and Budget shall provide for the ter-
mination of the affairs of all entities terminated by
this subsection and for such further measures and
dispositions as may be necessary to effectuate the
purposes of this subsection.
(7) EFFECT ON PERSONNEL.—
(A) IN
GENERAL.—Except as otherwise
provided by this subsection, the transfer pursu-
ant to this subsection of full-time personnel (ex-
cept special Government employees) and part-
time personnel holding permanent positions
shall be to positions in the Corporation subject
to section 195(a)(1) of the National and Com-
munity Service Act of 1990, as added by sec-
tion 202(a) of this Act, and shall not cause any
such employee to be separated or reduced in
grade or compensation, or to have the benefits
of the employee reduced, for 1 year after the
date of transfer of such employee under this
subsection, and such transfer shall be deemed
to be a transfer of functions for purposes of
section 3503 of title 5 of the United States
Code.
253
(B) EXECUTIVE SCHEDULE POSITIONS.—
Except as otherwise provided in this subsection,
any person who, on the day preceding the effec-
tive date of this subsection, held a position com-
pensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break
in service, is appointed in the Corporation to a
position having duties comparable to the duties
performed immediately preceding such appoint-
ment shall continue to be compensated in such
new position at not less than the rate provided
for such previous position, for the duration of
the service of such person in such new position.
(C) TERMINATION
OF
CERTAIN
POSI-
TIONS.—Positions whose incumbents are ap-
pointed by the President, by and with the ad-
vice and consent of the Senate, the functions of
which are transferred by this subsection, shall
terminate on the effective date of this sub-
section.
(8) SAVINGS PROVISIONS.—
(A) CONTINUING EFFECT OF LEGAL DOCU-
MENTS.—All orders, determinations, rules, reg-
ulations, permits, agreements, grants, contracts,
254
certificates, licenses, registrations, privileges,
and other administrative actions—
(i) that have been issued, made,
granted, or allowed to become effective by
the President, any Federal agency or offi-
cial thereof, or by a court of competent ju-
risdiction, in the performance of functions
that are transferred under this subsection;
and
(ii) that are in effect at the time this
subsection takes effect, or were final before
the effective date of this subsection and
are to become effective on or after the ef-
fective date of this subsection,
shall continue in effect according to their terms
until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President, the Chairperson, or other authorized
official, a court of competent jurisdiction, or by
operation of law.
(B) PROCEEDINGS NOT AFFECTED.—The
provisions of this subsection shall not affect any
proceedings, including notices of proposed rule-
making, or any application for any license, per-
mit, certificate, or financial assistance pending