Authorities and duties of the Board of Directors

42 U.S.C. § 12651b

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
• Part: III

Text

(a) Meetings
The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board, or if 6 members of the Board request such meetings in writing.
(b) Quorum
A majority of the appointed members of the Board shall constitute a quorum.
(c) Authorities of officers
The Chairperson of the Board may call and conduct meetings of the Board.
The Vice Chairperson of the Board may conduct meetings of the Board in the absence of the Chairperson.
(d) 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 authorized for employees of agencies under subchapter I of chapter 57 of title 5 for persons employed intermittently in the Government service.
(e) Special Government employees
For purposes of the provisions of chapter 11 of part I of title 18, and any other provision of Federal law, a member of the Board (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee.
(f) Status of members
For the purposes of the tort claims provisions of chapter 171 of title 28, a member of the Board shall be considered to be a Federal employee.
A member of the Board shall have no personal liability under Federal law with respect 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 connection with any transaction involving the provision of financial assistance by the Corporation. This paragraph shall not be construed to limit personal liability for criminal acts or omissions, willful or malicious 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.
This subsection shall not be construed—
(A) to affect any other immunities and protections that may be available to such member 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 person other than a member of the Board participating in such transactions; or
(C) to limit or alter in any way the immunities that are available under applicable law for Federal officials and employees not described in this subsection.
(g) Duties
The Board shall have responsibility for setting overall policy for the Corporation and shall—
(1) review and approve the strategic plan described in section 12651d(b)(1) of this title, and annual updates of the plan, and review the budget proposal in advance of submission to the Office of Management and Budget;
(2) review and approve the proposal described in section 12651d(b)(2)(A) of this title, with respect to the grants, allotments, contracts, financial assistance, payment, and positions referred to in such section;
(3) review and approve the proposal described in section 12651d(b)(3)(A) of this title, regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section;
(4) review and approve the evaluation plan described in section 12651d(b)(4)(A) of this title;
(5)(A) review, and advise the Chief Executive Officer regarding, the actions of the Chief Executive Officer with respect to the personnel of the Corporation, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws;
(B) inform the Chief Executive Officer of any aspects of the actions of the Chief Executive Officer that are not in compliance with the annual strategic plan referred to in paragraph (1), the proposals referred to in paragraphs (2) and (3), or the plan referred to in paragraph (4), or are not consistent with the objectives of the national service laws; and
(C) review the performance of the Chief Executive Officer annually and forward a report on that review to the President;
(6) receive any report as provided under subsection (b), (c), or (d) of section 414 of title 5;
(7) make recommendations relating to a program of research for the Corporation with respect to national and community service programs, including service-learning programs;
(8) advise the President and the authorizing committees concerning developments in national and community service that merit the attention of the President and the authorizing committees;
(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation;
(10) notwithstanding any other provision of law—
(A) make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.] (except as provided in section 108 of such Act [42 U.S.C. 4958]), which may provide that the agency or organization shall pay all or a part of the costs of the program; and
(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the national service laws, which—
(i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in section 12571(b) of this title; and
(ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Corporation,
(11) prepare and make recommendations to the authorizing committees and the President for changes in the national service laws resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 12651d(b)(11) of this title, which recommendations shall be submitted to the authorizing committees and President not later than January 1, 2012.
(h) Administration
Chapter 10 of title 5 shall not apply with respect to the Board.
(i) Limitation on participation
All employees and officers of the Corporation shall recuse themselves from decisions that would constitute conflicts of interest.
(j) Coordination with other Federal activities
As part of the agenda of meetings of the Board 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 between 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 12651a(a)(3) of this title shall 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 address the total needs of participants in such programs and projects, their communities, and the persons and communities the participants serve.

History

(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

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), substituted "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 Committee 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 introductory 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 semicolon at end.
Subsec. (g)(5)(C). Pub. L. 111–13, §1702(3), added subpar. (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 departments or agencies and private nonprofit organizations 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 Domestic 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 service 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 amendment 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 executed 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), redesignated 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.