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42 U.S. Code § 12651b - Authorities and duties of the Board of Directors

(a) Meetings

TheBoard shall meet not less often than 3 times each year. TheBoard shall hold additional meetings at the call of the Chairperson of theBoard, or if 6 members of theBoard request such meetings in writing.

(b) Quorum

A majority of the appointed members of theBoard shall constitute a quorum.

(c) Authorities of officers
(1) Chairperson

The Chairperson of theBoard may call and conduct meetings of theBoard.

(2) Vice Chairperson

The Vice Chairperson of theBoard may conduct meetings of theBoard in the absence of the Chairperson.

(d) Expenses

While away from their homes or regular places of business on the business of theBoard, members of suchBoard 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 theBoard (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee.

(f) Status of members
(1) Tort claims

For the purposes of the tort claims provisions of chapter 171 of title 28, a member of theBoard shall be considered to be a Federal employee.

(2) Other claims

A member of theBoard 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 theBoard, 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 theBoard.

(3) Effect on other lawThis 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 theCorporation, against the United Statesunder applicable law, or against any person other than a member of theBoard 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) DutiesTheBoard shall have responsibility for setting overall policy for the Corporationand shall—
(1)
review and approve the strategic plan described insection 12651d(b)(1) of this title, and annual updates of the plan, and review the budget proposal in advance of submission to theOffice of Management and Budget;
(2)
review and approve the proposal described insection 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 insection 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 insection 12651d(b)(4)(A) of this title;
(5)
(A)
review, and advise theChief Executive Officer regarding, the actions of theChief 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 outthe national service laws;
(B)
inform theChief Executive Officer of any aspects of the actions of theChief 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 theChief 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) ofsection 414 of title 5;
(7)
make recommendations relating to a program of research for theCorporation with respect to national and community service programs, includingservice-learning programs;
(8)
advise the President and theauthorizing committees concerning developments in national and community service that merit the attention of the President and theauthorizing committees;
(9)
ensure effective dissemination of information regarding the programs and initiatives of theCorporation;
(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 theDomestic 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 thenational 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 insection 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 thenational service laws, as determined by the Corporation,
(11)
prepare and make recommendations to theauthorizing committees and the President for changes in the national service lawsresulting from the studies and demonstrations theChief Executive Officer is required to carry outundersection 12651d(b)(11) of this title, which recommendations shall be submitted to the authorizing committeesand President not later thanJanuary 1, 2012.
(h) Administration

Chapter 10 of title 5 shall not apply with respect to theBoard.

(i) Limitation on participation

All employees and officers of theCorporation 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 theBoard under subsection (a), theBoard shall review projectsand programs conducted or funded by the Corporationunder the national service lawsto improve the coordination between such projectsand programs, and the activities of other Federal agencies that deal with the individuals and communities participating in or benefiting from such projectsand programs. The ex officio members of theBoard specified insection 12651a(a)(3) of this title shall jointly plan, implement, and fund activities in connection with projectsand programs conducted under the national service lawsto ensure that Federal efforts attempt to address the total needs of participantsin such programs and projects, their communities, and the persons and communities the participantsserve.

(Pub. L. 101–610, title I, § 192A, as added and amendedPub. 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

TheDomestic Volunteer Service Act of 1973, referred to in subsec. (g)(10)(A), isPub. 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 undersection 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 theInspector General Act of 1978;”.

Subsec. (h).Pub. L. 117–286, § 4(a)(275), substituted “Chapter 10 of title 5” for “TheFederal 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 Corporationand 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 theOffice 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 “theCongress” 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 theDomestic Volunteer Service Act of 1973 (except as provided in section 108 of theDomestic 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 theNational 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 ofCongress.

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 theNational 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 ofCongress.

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 byPub. L. 111–13 effectiveOct. 1, 2009, seesection 6101(a) of Pub. L. 111–13, set out as a note undersection 4950 of this title.

Effective Date of 1993 Amendment

Amendment by section 203(a)(1)(B), (2) ofPub. L. 103–82 effectiveApr. 4, 1994, seesection 203(d) of Pub. L. 103–82, set out as a note undersection 12651 of this title.

Effective Date

Section effectiveOct. 1, 1993, seesection 202(i) of Pub. L. 103–82, set out as a note undersection 12651 of this title.

CFR TitleParts
45 2522, 2551, 2552

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