National and Community Service Trust Act of 1993/Title II

TITLE II — ORGANIZATION

Sec. 201. State Commissions on National and Community Service.

(a) COMPOSITION AND DUTIES OF STATE COMMISSIONS.—

Subtitle F of title I of the National and Community Service Act of 1990 is amended by striking section 178 (42 U.S.C. 12638) and inserting the following new section:

``SEC. 178. STATE COMMISSIONS ON NATIONAL AND COMMUNITY SERVICE.

``(a) EXISTENCE REQUIRED.—

``(1) STATE COMMISSION.— Except as provided in paragraph (2), to be eligible to receive a grant or allotment under subtitle B or C or to receive a distribution of approved national service positions under subtitle C, a State shall maintain a State Commission on National and Community Service that satisfies the requirements of this section.

``(2) ALTERNATIVE ADMINISTRATIVE ENTITY.— The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a State Commission under this Act. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State under sections 117B and 130.

``(b) APPOINTMENT AND SIZE.— Except as provided in subsection (c)(3), the members of a State Commission for a State shall be appointed by the chief executive officer of the State. A State Commission shall consist of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described in paragraph (3) or (4) of subsection (c).

``(c) COMPOSITION AND MEMBERSHIP.—

``(1) REQUIRED MEMBERS.— The State Commission for a State shall include as voting members at least one of each of the following individuals:

``(A) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.

``(B) An individual with experience in promoting the involvement of older adults in service and voluntarism.

``(C) A representative of community-based agencies or community-based organizations within the State.

``(D) The head of the State educational agency.

``(E) A representative of local governments in the State.

``(F) A representative of local labor organizations in the State.

``(G) A representative of business.

``(H) An individual between the ages of 16 and 25 who is a participant or supervisor in a program.

``(I) A representative of a national service program described in section 122(a), such as a youth corps program described in section 122(a)(2).

``(2) SOURCES OF OTHER MEMBERS.— The State Commission for a State may include as voting members the following individuals:

``(A) Members selected from among local educators.

``(B) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons.

``(C) Representatives of Indian tribes.

``(D) Members selected from among out-of-school youth or other at-risk youth.

``(E) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

``(3) CORPORATION REPRESENTATIVE.— The representative of the Corporation designated under section 195(c) for a State shall be an ex officio nonvoting member of the State Commission or alternative administrative entity for that State, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity.

``(4) EX OFFICIO STATE REPRESENTATIVES.— The chief executive officer of a State may appoint, as ex officio nonvoting members of the State Commission for the State, representatives selected from among officers and employees of State agencies operating community service, youth service, education, social service, senior service, and job training programs.

``(5) LIMITATION ON NUMBER OF STATE EMPLOYEES AS MEMBERS.— The number of voting members of a State Commission selected under paragraph (1) or (2) who are officers or employees of the State may not exceed 25 percent (reduced to the nearest whole number) of the total membership of the State Commission.

``(d) MISCELLANEOUS MATTERS.—

``(1) MEMBERSHIP BALANCE.— The chief executive officer of a State shall ensure, to the maximum extent practicable, that the membership of the State Commission for the State is diverse with respect to race, ethnicity, age, gender, and disability characteristics. Not more than 50 percent of the voting members of a State Commission, plus one additional member, may be from the same political party.

``(2) TERMS.— Each member of the State Commission for a State shall serve for a term of 3 years, except that the chief executive officer of a State shall initially appoint a portion of the members to terms of 1 year and 2 years.

``(3) VACANCIES.— If a vacancy occurs on a State Commission, a new member shall be appointed by the chief executive officer of the State 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 State Commission.

``(4) COMPENSATION.— A member of a State Commission or alternative administrative entity shall not receive any additional compensation by reason of service on the State Commission or alternative administrative entity, except that the State may authorize the reimbursement of travel expenses, including a per diem in lieu of subsistence, in the same manner as other employees serving intermittently in the service of the State.

``(5) CHAIRPERSON.— The voting members of a State Commission shall elect one of the voting members to serve as chairperson of the State Commission.

``(6) LIMITATION ON MEMBER PARTICIPATION.—

``(A) GENERAL LIMITATION.— Except as provided in subparagraph (B), a voting member of the State Commission (or of an alternative administrative entity) shall not participate in the administration of the grant program (including any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of such assistance or such positions, to any program or entity) described in subsection (e)(9) if—

``(i) a grant application relating to such program is pending before the Commission (or such entity); and

``(ii) the application was submitted by a program or entity of which such member is, or in the 1-year period before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee.

``(B) EXCEPTION.— If, as a result of the operation of subparagraph (A), the number of voting members of the Commission (or of such entity) is insufficient to establish a quorum for the purpose of administering such program, then voting members excluded from participation by subparagraph (A) may participate in the administration of such program, notwithstanding the limitation in subparagraph (A), to the extent permitted by regulations issued under section 193A(b)(11) by the Corporation.

``(C) RULE OF CONSTRUCTION.— Subparagraph (A) shall not be construed to limit the authority of any voting member of the Commission (or of such entity) to participate in—

``(i) discussion of, and hearing and forums on—

``(I) the general duties, policies, and operations of the Commission (or of such entity); or

``(II) the general administration of such program; or

``(ii) similar general matters relating to the Commission (or such entity).

``(e) DUTIES OF A STATE COMMISSION.— The State Commission or alternative administrative entity for a State shall be responsible for the following duties:

``(1) Preparation of a national service plan for the State that—

``(A) is developed through an open and public process (such as through regional forums, hearings, and other means) that provides for maximum participation and input from national service programs within the State and other interested members of the public;

``(B) covers a 3-year period;

``(C) is updated annually;

``(D) ensures outreach to diverse community-based agencies that serve underrepresented populations, by—

``(i) using established networks, and registries, at the State level; or

``(ii) establishing such networks and registries; and

``(E) contains such information as the State Commission considers to be appropriate or as the Corporation may require.

``(2) Preparation of the applications of the State under sections 117B and 130 for financial assistance.

``(3) Assistance in the preparation of the application of the State educational agency for assistance under section 113.

``(4) Preparation of the application of the State under section 130 for the approval of service positions that include the national service educational award described in subtitle D.

``(5) Make recommendations to the Corporation with respect to priorities for programs receiving assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

``(6) Make technical assistance available to enable applicants for assistance under section 121—

``(A) to plan and implement service programs; and

``(B) to apply for assistance under the national service laws using, if appropriate, information and materials available through a clearinghouse established under section 198A.

``(7) Assistance in the provision of health care and child care benefits under section 140 to participants in national service programs that receive assistance under section 121.

``(8) Development of a State system for the recruitment and placement of participants in programs that receive assistance under the national service laws and dissemination of information concerning national service programs that receive such assistance or approved national service positions.

``(9) Administration of the grant program in support of national service programs that is conducted by the State using assistance provided to the State under section 121, including selection, oversight, and evaluation of grant recipients.

``(10) Development of projects, training methods, curriculum materials, and other materials and activities related to national service programs that receive assistance directly from the Corporation (to be made available in a case in which such a program requests such a project, method, material, or activity) or from the State using assistance provided under section 121, for use by programs that request such projects, methods, materials, and activities.

``(f) ACTIVITY INELIGIBLE FOR ASSISTANCE.— A State Commission or alternative administrative entity may not directly carry out any national service program that receives assistance under section 121.

``(g) DELEGATION.— Subject to such requirements as the Corporation may prescribe, a State Commission may delegate nonpolicymaking duties to a State agency or public or private nonprofit organization.

``(h) APPROVAL OF STATE COMMISSION OR ALTERNATIVE.—

``(1) SUBMISSION TO CORPORATION.— The chief executive officer for a State shall notify the Corporation of the establishment or designation of the State Commission or use of an alternative administrative entity for the State. The notification shall include a description of—

``(A) the composition and membership of the State Commission or alternative administrative entity; and

``(B) the authority of the State Commission or alternative administrative entity regarding national service activities carried out by the State.

``(2) APPROVAL OF ALTERNATIVE ADMINISTRATIVE ENTITY.— Any designation of a State Commission or use of an alternative administrative entity to carry out the duties of a State Commission shall be subject to the approval of the Corporation, which shall not be unreasonably withheld. The Corporation shall approve an alternative administrative entity if such entity provides for individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the duties described in paragraphs (1) through (4) of subsection (e).

``(3) REJECTION.— The Corporation may reject a State Commission if the Corporation determines that the composition, membership, or duties of the State Commission do not comply with the requirements of this section. The Corporation may reject a request to use an alternative administrative entity in lieu of a State Commission if the Corporation determines that the entity does not provide for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role as described in paragraph (2). If the Corporation rejects a State Commission or alternative administrative entity under this paragraph, the Corporation shall promptly notify the State of the reasons for the rejection.

``(4) RESUBMISSION AND RECONSIDERATION.— The Corporation shall provide a State notified under paragraph (3) with a reasonable opportunity to revise the rejected State Commission or alternative administrative entity. At the request of the State, the Corporation shall provide technical assistance to the State as part of the revision process. The Corporation shall promptly reconsider any resubmission of a notification under paragraph (1) or application to use an alternative administrative entity under paragraph (2).

``(5) SUBSEQUENT CHANGES.— This subsection shall also apply to any change in the composition or duties of a State Commission or an alternative administrative entity made after approval of the State Commission or the alternative administrative entity.

``(6) RIGHTS.— An alternative administrative entity approved by the Corporation under this subsection shall have the same rights as a State Commission.

``(i) COORDINATION.—

``(1) COORDINATION WITH OTHER STATE AGENCIES.— The State Commission or alternative administrative entity for a State shall coordinate the activities of the Commission or entity under this Act with the activities of other State agencies that administer Federal financial assistance programs under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) or other appropriate Federal financial assistance programs.

``(2) COORDINATION WITH VOLUNTEER SERVICE PROGRAMS.—

``(A) IN GENERAL.— The State Commission or alternative administrative entity for a State shall coordinate functions of the Commission or entity (including recruitment, public awareness, and training activities) with such functions of any division of ACTION, or of the Corporation, that carries out volunteer service programs in the State.

``(B) AGREEMENT.— In coordinating functions under this paragraph, such Commission or entity, and such division, may enter into an agreement to—

``(i) carry out such a function jointly;

``(ii) to assign responsibility for such a function to the Commission or entity; or

``(iii) to assign responsibility for such a function to the division.

``(C) INFORMATION.— The State Commission or alternative entity for a State, and the head of any such division, shall exchange information about—

``(i) the programs carried out in the State by the Commission, entity, or division, as appropriate; and

``(ii) opportunities to coordinate activities.

``(j) LIABILITY.—

``(1) LIABILITY OF STATE.— Except as provided in paragraph (2)(B), a State shall agree to assume liability with respect to any claim arising out of or resulting from any act or omission by a member of the State Commission or alternative administrative entity of the State, within the scope of the service of the member on the State Commission or alternative administrative entity.

``(2) OTHER CLAIMS.—

``(A) IN GENERAL.— A member of the State Commission or alternative administrative entity shall have no personal liability 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 State Commission or alternative administrative entity.

``(B) LIMITATION.— 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 State Commission or alternative administrative entity.

``(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 member under applicable law with respect to such service;

``(B) to affect any other right or remedy against the State under applicable law, or against any person other than a member of the State Commission or alternative administrative entity; or

``(C) to limit or alter in any way the immunities that are available under applicable law for State officials and employees not described in this subsection.´´.

(b) TABLE OF CONTENTS.—

Section 1(b) of the National and Community Service Act of 1990 (Public Law 101-610; 104 Stat. 3127) is amended by striking the item relating to section 178 and inserting the following new item:

``Sec. 178. State Commissions on National and Community Service.´´.

(c) EFFECTIVE DATE.—

The amendments made by this section shall take effect on October 1, 1993.

(d) TRANSITIONAL PROVISIONS.—

(1) USE OF ALTERNATIVES TO STATE COMMISSION.—

If a State does not have a State Commission on National and Community Service that satisfies the requirements specified in section 178 of the National and Community Service Act of 1990, as amended by subsection (a), the Corporation for National and Community Service may authorize the chief executive officer of the State to use an existing agency of the State to perform the duties otherwise reserved to a State Commission under subsection (e) of such section.

(2) APPLICATION OF SUBSECTION.—

This subsection shall apply only during the 27-month period beginning on the date of the enactment of this Act.

Sec. 202. Interim authorities of the Corporation for National and Community Service and ACTION Agency.

(a) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—

Subtitle G of title I of the National and Community Service Act of 1990 (42 U.S.C. 12651) is amended to read as follows:

``Subtitle G—Corporation for National and Community Service

``SEC. 191. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

``There is established a Corporation for National and Community Service that shall administer the programs established under this Act. The Corporation shall be a Government corporation, as defined in section 103 of title 5, United States Code.

``SEC. 192. BOARD OF DIRECTORS.

``(a) COMPOSITION.—

``(1) IN GENERAL.— There shall be in the Corporation a Board of Directors (referred to in this subtitle as the ``Board´´) that shall be composed of—

``(A) 15 members, including an individual between the ages of 16 and 25 who—

``(i) has served in a school-based or community-based service-learning program; or

``(ii) is or was a participant or a supervisor in a program; to be appointed by the President, by and with the advice and consent of the Senate; and

``(B) the ex officio nonvoting members described in paragraph (3).

``(2) QUALIFICATIONS.— To the maximum extent practicable, the President shall appoint members—

``(A) who have extensive experience in volunteer or service activities, which may include programs funded under one of the national service laws, and in State government;

``(B) who represent a broad range of viewpoints;

``(C) who are experts in the delivery of human, educational, environmental, or public safety services;

``(D) so that the Board shall be diverse according to race, ethnicity, age, gender, and disability characteristics; and

``(E) so that no more than 50 percent of the appointed members of the Board, plus 1 additional appointed member, are from a single political party.

``(3) 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 Secretary of Housing and Urban Development, the Secretary of Defense, the Attorney General, the Director of the Peace Corps, the Administrator of the Environmental Protection Agency, and the Chief Executive Officer shall serve as ex officio nonvoting members of the Board.

``(b) OFFICERS.—

``(1) CHAIRPERSON.— The President shall appoint a member of the Board to serve as the initial Chairperson of the Board. Each subsequent Chairperson shall be elected by the Board from among its members.

``(2) VICE CHAIRPERSON.— The Board shall elect a Vice Chairperson from among its membership.

``(3) OTHER OFFICERS.— The Board may elect from among its membership such additional officers of the Board as the Board determines to be appropriate.

``(c) TERMS.— Each appointed member of the Board shall serve for a term of 5 years, except that, as designated by the President—

``(1) 3 of the members first appointed to the Board shall serve for a term of 1 year;

``(2) 3 of the members first appointed to the Board shall serve for a term of 2 years;

``(3) 3 of the members first appointed to the Board shall serve for a term of 3 years;

``(4) 3 of the members first appointed to the Board shall serve for a term of 4 years; and

``(5) 3 of the members first appointed to the Board shall serve for a term of 5 years.

``(d) VACANCIES.— If a vacancy occurs on the Board, a new member 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 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.—

``(1) CHAIRPERSON.— The Chairperson of the Board may call and conduct meetings of the Board.

``(2) VICE CHAIRPERSON.— 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, United States Code, 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, United States Code, 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.—

``(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 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.

``(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 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—

``(1) review and approve the strategic plan described in section 193A(b)(1), and annual updates of the plan;

``(2) review and approve the proposal described in section 193A(b)(2)(A), 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 193A(b)(3)(A), regarding the regulations, standards, policies, procedures, programs, and initiatives referred to in such section;

``(4) review and approve the evaluation plan described in section 193A(b)(4)(A);

``(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 this Act; and

``(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 this Act;

``(6) receive any report as provided under subsection (b), (c), or (d) of section 8E of the Inspector General Act of 1978;

``(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 Congress concerning developments in national and community service that merit the attention of the President and the Congress;

``(9) ensure effective dissemination of information regarding the programs and initiatives of the Corporation; and

``(10) prepare and make recommendations to the Congress and the President for changes in this Act resulting from the studies and demonstrations the Chief Executive Officer is required to carry out under section 193A(b)(10), which recommendations shall be submitted to the Congress and President not later than September 30, 1995.

``(h) ADMINISTRATION.— The Federal Advisory Committee Act (5 U.S.C. App.) 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 192(a)(3) 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.

``SEC. 193. CHIEF EXECUTIVE OFFICER.

``(a) APPOINTMENT.— The Corporation shall be headed by an individual 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 compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code.

``(c) REGULATIONS.— The Chief Executive Officer shall prescribe such rules and regulations as are necessary or appropriate to carry out this Act.

``SEC. 193A. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER.

``(a) GENERAL POWERS AND DUTIES.— The Chief Executive Officer 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, except as provided in section 8E of the Inspector General Act of 1978.

``(b) DUTIES.— In addition to the duties conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer shall—

``(1) prepare and submit to the Board a strategic plan every 3 years, and annual updates of the plan, for the Corporation with respect to the major functions and operations of the Corporation;

``(2)(A) prepare and submit to the Board a proposal with respect to such grants and allotments, contracts, other financial assistance, and designation of positions as approved national service positions, as are necessary or appropriate to carry out this Act; and

``(B) after receiving and reviewing an approved proposal under section 192A(g)(2), make such grants and allotments, enter into such contracts, award such other financial 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 this Act, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions as are necessary or appropriate to carry out this Act;

``(3)(A) prepare and submit to the Board a proposal regarding, the regulations established under section 195(b)(3)(A), and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out this Act; and

``(B) after receiving and reviewing an approved proposal under section 192A(g)(3)—

``(i) establish such standards, policies, and procedures as are necessary or appropriate to carry out this Act; and

``(ii) establish and administer such programs and initiatives as are necessary or appropriate to carry out this Act;

``(4)(A) prepare and submit to the Board a plan for the evaluation of programs established under this Act, in accordance with section 179; and

``(B) after receiving an approved proposal under section 192A(g)(4)—

``(i) establish measurable performance goals and objectives for such programs, in accordance with section 179; 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 agencies in administering the programs and initiatives;

``(6) suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section 176;

``(7) prepare and submit to the Board an annual 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, programs, and initiatives;

``(8) inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of this Act between—

``(A) the actions of the Chief Executive Officer; and

``(B)(i) the strategic plan approved by the Board under section 192A(g)(1);

``(ii) the proposals approved by the Board under paragraph (2) or (3) of section 192A(g); or

``(iii) the evaluation plan approved by the Board under section 192A(g)(4);

``(9) 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;

``(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 this Act during the year preceding the year in which the report is prepared;

``(10) provide for studies (including the evaluations described in subsection (f)) and demonstrations that evaluate, and prepare and submit to the Board by June 30, 1995, a report containing recommendations regarding, issues related to—

``(A) the administration and organization of programs authorized under the national service laws or under Public Law 91-378 (referred to in this subparagraph as ``service programs´´), including—

``(i) whether the State and national priorities designed to meet the unmet human, education, environmental, or public safety needs described in section 122(c)(1) are being addressed by this Act;

``(ii) the manner in which—

``(I) educational and other outcomes of both stipended and nonstipended service and service-learning are defined and measured in such service programs; and

``(II) such outcomes should be defined and measured in such service programs;

``(iii) whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at-risk youth or whether such programs should include a mix of individuals, including individuals from middle- and upper-income families;

``(iv) the role and importance of stipends and educational benefits in achieving desired outcomes in the service programs;

``(v) the potential for cost savings and coordination of support and oversight services from combining functions performed by ACTION State offices and State Commissions;

``(vi) the implications of the results from such studies and demonstrations for authorized funding levels for the service programs; and

``(vii) other issues that the Director determines to be relevant to the administration and organization of the service programs; and

``(B) the number, potential consolidation, and future organization of national service or domestic volunteer service programs that are authorized under Federal law, including VISTA, service corps assisted under subtitle C and other programs authorized by this Act, programs administered by the Public Health Service, the Department of Defense, or other Federal agencies, programs regarding teacher corps, and programs regarding work-study and higher education loan forgiveness or forbearance programs authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) related to community service; and

``(11) for purposes of section 178(d)(6)(B), issue regulations to waive the disqualification of members of the Board and members of the State Commissions selectively in a random, nondiscretionary manner and only to the extent necessary to establish the quorum involved, including rules that forbid each member of the Board and each voting member of a State Commission to participate in any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, 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 is, or in the 1-year period before the submission of the application referred to in such section was, an officer, director, trustee, full-time volunteer, or employee.

``(c) POWERS.— In addition to the authority conferred on the Chief Executive Officer under any other provision of this Act, the Chief Executive Officer may—

``(1) establish, alter, consolidate, or discontinue such organizational units or components within the Corporation as the Chief Executive Officer considers necessary or appropriate, consistent with Federal law, and shall, to the maximum extent practicable, consolidate such units or components of the divisions of the Corporation described in section 194(a)(3) as may be appropriate to enable the two divisions to coordinate common support functions;

``(2) with the approval of the President, arrange with and reimburse the heads of other Federal agencies for the performance of any of the provisions of this Act;

``(3) with their consent, utilize the services and facilities of Federal agencies with or without reimbursement, 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 funds made available under this Act;

``(5) disseminate, without regard to the provisions of section 3204 of title 39, United States Code, data and information, in such form as the Chief Executive Officer shall determine to be appropriate to public agencies, private organizations, and the general public;

``(6) collect or compromise all obligations to or held by the Chief Executive Officer and all legal or equitable rights accruing to the Chief Executive Officer in connection with the payment of obligations in accordance with chapter 37 of title 31, United States Code (commonly known as the ``Federal Claims Collection Act of 1966´´);

``(7) 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;

``(8) exercise the authorities of the Corporation under section 196;

``(9) consolidate the reports to Congress required under this Act, and the report required under section 9106 of title 31, United States Code, into a single report, and submit the report to Congress on an annual basis; and

``(10) generally perform such functions and take such steps consistent with the objectives and provisions of this Act, as the Chief Executive Officer determines to be necessary or appropriate to carry out such provisions.

``(d) DELEGATION.—

``(1) DEFINITION.— As used in this subsection, the term ``function´´ means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

``(2) IN GENERAL.— Except as otherwise prohibited by law or provided in this Act, the Chief Executive Officer may delegate any function under this Act, and authorize such successive redelegations of such function as may be necessary or appropriate. No delegation of a function by the Chief Executive Officer under this subsection or under any other provision of this Act shall relieve such Chief Executive Officer of responsibility for the administration of such function.

``(3) FUNCTION OF BOARD.— The Chief Executive Officer may not delegate a function of the Board without the permission of the Board.

``(e) ACTIONS.— In an action described in subsection (c)(7)—

``(1) a district court referred to in such subsection shall have jurisdiction of such a civil action without regard to the amount in controversy;

``(2) such an action brought by the Chief Executive Officer shall survive notwithstanding any change in the person occupying the office of Chief Executive Officer or any vacancy in that office;

``(3) no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Chief Executive Officer or the Board or property under the control of the Chief Executive Officer 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) EVALUATIONS.—

``(1) EVALUATION OF LIVING ALLOWANCE.— The Corporation shall arrange for an independent evaluation to determine the levels of living allowances paid in all programs under subtitles C and I, individually, by State, and by region. Such evaluation shall determine the effects that such living allowances have had on the ability of individuals to participate in such programs.

``(2) EVALUATION OF SUCCESS OF INVESTMENT IN NATIONAL SERVICE.—

``(A) EVALUATION REQUIRED.— The Corporation shall arrange for the independent evaluation of the operation of subtitle C to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section 121.

``(B) PERIOD COVERED BY EVALUATION.— The evaluation required by this paragraph shall cover the period beginning on the date the Corporation first makes a grant under section 121, and ending on a date that is as close as is practicable to the date specified in subsection (b)(10).

``(C) INCOME LEVELS OF PARTICIPANTS.— The evaluating entity shall determine the total income of each participant who serves, during the period covered by the evaluation, in a national service program carried out or supported using assistance provided under section 121 or in an approved national service position. The total income of the participant shall be determined as of the date the participant was first selected to participate in such a program and shall include family total income unless the evaluating entity determines that the participant was independent at the time of selection.

``(D) ASSISTANCE FOR DISTRESSED AREAS.— The evaluating entity shall also determine the amount of assistance provided under section 121 during the period covered by the report that has been expended for projects conducted in areas of economic distress described in section 133(c)(6).

``(E) DEFINITIONS.— As used in this paragraph:

``(i) INDEPENDENT.— The term ``independent´´ has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)).

``(ii) TOTAL INCOME.— The term ``total income´´ has the meaning given the term in section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)).

``SEC. 194. OFFICERS.

``(a) MANAGING DIRECTORS.—

``(1) IN GENERAL.— There shall be in the Corporation 2 Managing Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report to the Chief Executive Officer.

``(2) COMPENSATION.— The Managing Directors 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 Corporation shall determine the programs for which the Managing Directors shall have primary responsibility and shall establish the divisions of the Corporation to be headed by the Managing Directors.

``(b) INSPECTOR GENERAL.—

``(1) OFFICE.— There shall be in the Corporation an Office of the Inspector General.

``(2) APPOINTMENT.— The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978.

``(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.

``(c) CHIEF FINANCIAL OFFICER.—

``(1) OFFICE.— There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the President, by and with the advice and consent of the Senate.

``(2) COMPENSATION.— The Chief Financial Officer 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 Chief Executive Officer regarding financial management matters;

``(B) oversee all financial management activities 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 reporting and internal controls;

``(D) develop and maintain any joint financial management systems with the Department of Education necessary to carry out the programs of the Corporation; and

``(E) direct, manage, and provide policy guidance and oversight of the financial management personnel, activities, and operations of the Corporation.

``(d) ASSISTANT DIRECTORS FOR VISTA AND NATIONAL SENIOR VOLUNTEER CORPS.—

``(1) APPOINTMENT.— One of the Managing Directors appointed under subsection (a) shall, in accordance with applicable provisions of title 5, United States Code, appoint 4 Assistant Directors who shall report directly to such Managing Director, of which—

``(A) 1 Assistant Director shall be responsible for programs carried out under 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;

``(B) 1 Assistant Director shall be responsible for programs carried out under part A of title II of that Act (relating to the Retired Senior Volunteer Program);

``(C) 1 Assistant Director shall be responsible for programs carried out under part B of title II of that Act (relating to the Foster Grandparent Program); and

``(D) 1 Assistant Director shall be responsible for programs carried out under part C of title II of that Act (relating to the Senior Companion Program).

``(2) EFFECTIVE DATE FOR EXERCISE OF AUTHORITY.— Each Assistant Director appointed pursuant to paragraph (1) may exercise the authority assigned to each such Director only after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993.

``SEC. 195. EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL.

``(a) EMPLOYEES.— Except as provided in subsection (b), section 194(d), and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of the Corporation.

``(b) ALTERNATIVE PERSONNEL SYSTEM.—

``(1) AUTHORITY.— The Chief Executive Officer may designate positions in the Corporation as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, 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, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of the Corporation. The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis.

``(2) APPOINTMENT IN THE COMPETITIVE SERVICE AFTER EMPLOYMENT UNDER ALTERNATIVE PERSONNEL SYSTEM.— The Director of the Office of Personnel Management may grant competitive status 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 SYSTEM.—

``(A) ESTABLISHMENT OF SYSTEM.— The Chief Executive Officer, 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 Corporation appointed under paragraph (1). In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system.

``(B) APPLICATION.— The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection 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 established 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 system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

``(c) CORPORATION REPRESENTATIVE IN EACH STATE.—

``(1) DESIGNATION OF REPRESENTATIVE.— The Corporation shall designate 1 employee of the Corporation 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 Commission that is established in the State or States;

``(B) the Corporation and any subdivision of a State, Indian tribe, public or private nonprofit organization, or institution of higher education, in the State or States, that is awarded a grant under section 121 directly from the Corporation; and

``(C) after the effective date of section 203(c)(2) of the National and Community Service Trust Act of 1993, the State Commission and the Corporation employee responsible for programs under the Domestic Volunteer Service Act of 1973 in the State, if the employee is not the representative described in paragraph (1) for the State.

``(3) MEMBER OF STATE COMMISSION.— The representative designated under this subsection for a State or group of States shall also serve as a member of the State Commission established in the State or States, as described in section 178(c)(3).

``(4) COMPENSATION.— If the employee designated under paragraph (1) is an employee whose appointment was made pursuant to section 195(b), the rate of compensation for such employee may not exceed the maximum rate of basic pay payable for GS-13 of the General Schedule under section 5332 of title 5, United States Code.

``(d) CONSULTANTS.— The Chief Executive Officer 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 reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer 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 Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board with respect to national service issues, 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 committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify.

``(3) EXPENSES.— Members of such an advisory committee may be allowed travel expenses as described in section 192A(d).

``(4) STAFF.—

``(A) IN GENERAL.— Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to—

``(i) the provisions of title 5, United States Code, governing appointments in the competitive service; and

``(ii) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

``(B) COMPENSATION.— If a member of the staff appointed under subparagraph (A) was appointed without regard to the provisions described in clauses (i) and (ii) of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS-13 of the General Schedule under section 5332 of title 5, United States Code.

``SEC. 196. ADMINISTRATION.

``(a) DONATIONS.—

``(1) SERVICES.—

``(A) VOLUNTEERS.— Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the voluntary services of individuals to assist the Corporation in carrying out the duties of the Corporation under this Act, and may provide to such individuals the travel expenses described in section 192A(d).

``(B) LIMITATION.— Such a volunteer shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, 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 this subtitle shall be considered to be a Federal employee;

``(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; and

``(iii) for purposes of the provisions of chapter 11 of part I of title 18, United States Code, such a volunteer (to whom such provisions would not otherwise apply except for this subsection) shall be a special Government employee.

``(C) INHERENTLY GOVERNMENTAL FUNCTION.—

``(i) IN GENERAL.— Such a volunteer shall not carry out an inherently governmental function.

``(ii) REGULATIONS.— The Chief Executive Officer shall promulgate regulations to carry out this subparagraph.

``(iii) INHERENTLY GOVERNMENTAL FUNCTION.— As used in this subparagraph, the term ``inherently governmental function´´ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of value judgment in making a decision for the Government.

``(2) PROPERTY.—

``(A) IN GENERAL.— The Corporation may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purposes of this Act, donations 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 possible in accordance with the terms, if any, of such donation.

``(B) STATUS OF CONTRIBUTION.— Any donation 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 Chief Executive Officer shall establish written rules to ensure that the solicitation, acceptance, holding, administration, and use of property described in subparagraph (A)—

``(i) will not reflect unfavorably upon the ability of the Corporation, or of any officer or employee of the Corporation, to carry out the responsibilities or official duties of the Corporation in a fair and objective manner; and

``(ii) will not compromise the integrity of the programs of the Corporation or any official or employee of the Corporation involved in such programs.

``(D) DISPOSITION.— Upon completion of the use by the Corporation of any property accepted pursuant to subparagraph (A) (other than money or monetary proceeds from sales of property so accepted), such completion shall be reported to the General Services Administration and such property 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.).

``(3) 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 assist the Corporation in carrying out the duties of the Corporation under this Act.

``(c) OFFICE OF MANAGEMENT AND BUDGET.— Appropriate circulars of the Office of Management and Budget shall apply to the Corporation.

``SEC. 196A. CORPORATION STATE OFFICES.

``(a) IN GENERAL.— The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under section 195(c).

``(b) DUTIES.— Each State office established pursuant to subsection (a) shall—

``(1) provide to the State Commissions established under section 178 technical and other assistance for the development and implementation of national service plans under section 178(e)(1);

``(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 appropriate, 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 assistance necessary to assure the existence of 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 that receive assistance under the national service laws; and

``(5) perform such other duties and functions as may be assigned or delegated by the Chief Executive Officer.´´.

(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 report directly to the Chief Executive Officer of the Corporation for National and Community Service.´´.

(c) TRANSFER OF FUNCTIONS OF COMMISSION ON NATIONAL AND COMMUNITY SERVICE.—

(1) DEFINITIONS.—

For purposes of this subsection, 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 section.

(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 exercised before the effective date of this subsection (including all related functions of any officer or employee of the Commission).

(3) APPLICATION.—

The provisions of paragraphs (3) through (10) of section 203(c) shall apply with respect to the transfer described in paragraph (2), except that—

(A) for purposes of such application, references to the term ``ACTION Agency´´ shall be deemed to be references to the Commission on National and Community Service; 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 subsection, the Board of Directors of the Corporation has not been confirmed.

(d) CONTINUING PERFORMANCE OF CERTAIN FUNCTIONS.—

The individuals who, on the day before the date of enactment of this Act, are performing any of the functions required by section 190 of the National and Community 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 which the Board of Directors of the Corporation for National and Community Service conducts the first meeting of the Board. The service of such individuals as members of the Board of Directors of such Commission, and the employment of such individuals as special Government employees, shall terminate on such date.

(e) GOVERNMENT CORPORATION CONTROL.—

(1) WHOLLY OWNED GOVERNMENT CORPORATION.—

Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (D) the following:

``(E) the Corporation for National and Community Service.´´.

(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 independent´´.

(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 discretion of the Administrator, to assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal such surplus property as is recommended by the Chief Executive Officer 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 Chief Executive Officer of the Corporation for National and Community Service of a proposed transfer of property for such activities, the Chief Executive Officer, through such officers or employees of the Corporation as the Chief Executive Officer may designate, may sell, lease, or donate such property to any entity 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 Chief Executive Officer of the Corporation for National and Community Service shall comply with the requirements of paragraph (1)(C).´´.

(g) INSPECTOR GENERAL.—

(1) SPECIAL PROVISIONS IN INSPECTOR GENERAL ACT OF 1978.—

The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating sections 8E and 8F as sections 8F and 8G, respectively, and inserting after section 8D the following new section:

``SEC. 8E. SPECIAL PROVISIONS CONCERNING THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

``(a) Notwithstanding the provisions of paragraphs (7) and (8) of section 6(a), it is within the exclusive jurisdiction of the Inspector General of the Corporation for National and Community Service to—

``(1) appoint and determine the compensation of such officers and employees in accordance with section 195(b) of the National and Community Service Trust Act of 1993; and

``(2) procure the temporary and intermittent services of and compensate such experts and consultants, in accordance with section 3109(b) of title 5, United States Code, as may be necessary to carry out the functions, powers, and duties of the Inspector General.

``(b) No later than the date on which the Chief Executive Officer of the Corporation for National and Community Service transmits any report to the Congress under subsection (a) or (b) of section 5, the Chief Executive Officer shall transmit such report to the Board of Directors of such Corporation.

``(c) No later than the date on which the Chief Executive Officer of the Corporation for National and Community Service transmits a report described under section 5(b) to the Board of Directors as provided under subsection (b) of this section, the Chief Executive Officer shall also transmit any audit report which is described in the statement required under section 5(b)(4) to the Board of Directors. All such audit reports shall be placed on the agenda for review at the next scheduled meeting of the Board of Directors following such transmittal. The Chief Executive Officer of the Corporation shall be present at such meeting to provide any information relating to such audit reports.

``(d) No later than the date on which the Inspector General of the Corporation for National and Community Service reports a problem, abuse, or deficiency under section 5(d) to the Chief Executive Officer of the Corporation, the Chief Executive Officer shall report such problem, abuse, or deficiency to the Board of Directors.´´.

(2) TERMINATION OF STATUS AS DESIGNATED FEDERAL ENTITY.—

(A) IN GENERAL.—

Section 8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) (as redesignated by paragraph (1) of this subsection) is amended by striking out ``ACTION,´´.

(B) EFFECTIVE DATE.—

This paragraph shall take effect on the effective date of section 203(c)(2).

(3) TRANSFER.—

(A) IN GENERAL.—

Section 9(a)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(i) in subparagraph (T), by striking out ``and´´ at the end thereof; and

(ii) by adding at the end thereof the following new subparagraph:

``(V) of the Corporation for National and Community Service, the Office of Inspector General of ACTION; and´´.

(B) EFFECTIVE DATE.—

This paragraph shall take effect on the effective date of section 203(c)(2).

(4) HEAD OF ESTABLISHMENT AND ESTABLISHMENT.—

Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(A) in paragraph (1) by inserting ``; the Chief Executive Officer of the Corporation for National and Community Service;´´ after ``Thrift Depositor Protection Oversight Board´´; and

(B) in paragraph (2) by inserting ``, the Corporation for National and Community Service,´´ after ``United States Information Agency´´.

(5) TECHNICAL AND CONFORMING AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978.—

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(A) in section 4(b)(2)—

(i) by striking out ``section 8E(a)(2), and any´´ and inserting in lieu thereof ``section 8F(a)(2), and any´´;

(ii) by striking out ``section 8E(a)(1)´´ and inserting in lieu thereof ``section 8F(a)(1)´´; and

(iii) by striking out ``section 8E(a)(2).´´ and inserting in lieu thereof ``section 8F(a)(2).´´; and

(B) in section 8G (as redesignated by paragraph (1) of this subsection)—

(i) by striking out ``or 8D´´ and inserting in lieu thereof ``8D, or 8E´´; and

(ii) by striking out ``section 8E(a)´´ and inserting in lieu thereof ``section 8F(a)´´.

(6) POSTAL SERVICE TECHNICAL AND CONFORMING AMENDMENTS.—

Section 410(b) of title 39, United States Code, is amended—

(A) in paragraph (8) by striking out ``and´´ after the semicolon;

(B) in the first paragraph (9) by striking out the period and inserting in lieu thereof a semicolon and ``and´´; and

(C) by striking out the second paragraph (9) and inserting in lieu thereof the following:

``(10) the provisions of section 8F of the Inspector General Act of 1978.´´.

(h) TABLE OF CONTENTS.—

Section 1(b) of the National 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 inserting the following:

``Subtitle G—Corporation for National and Community Service

``Sec. 191. Corporation for National and Community Service.

``Sec. 192. Board of Directors.

``Sec. 192A. Authorities and duties of the Board of Directors.

``Sec. 193. Chief Executive Officer.

``Sec. 193A. Authorities and duties of the Chief Executive Officer.

``Sec. 194. Officers.

``Sec. 195. Employees, consultants, and other personnel.

``Sec. 196. Administration.

``Sec. 196A. Corporation State offices.´´.

(i) EFFECTIVE DATES.—

(1) IN GENERAL.—

Except as provided in paragraph (2), or paragraph (2) or (3) of subsection (g), the amendments made by this section shall take effect on October 1, 1993.

(2) ESTABLISHMENT AND APPOINTMENT AUTHORITIES.—

Sections 191, 192, and 193 of the National and Community Service Act of 1990, as added by subsection (a), shall take effect on the date of enactment of this Act.

Sec. 203. Final Authorities of the Corporation for National and Community Service.

(a) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—

(1) APPLICATION.—

(A) EVALUATION.—

Subsections (a), (d), and (e) of section 179 of the National and Community Service Act of 1990 (42 U.S.C. 12639) are amended by striking ``this title´´ and inserting ``the national service laws´´.

(B) CORPORATION.—

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 (5) and (10) of section 192A(g), section 193(c), subsections (b) (other than paragraph (10)), (c) (other than paragraph (7)), 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(g) 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 paragraph (9);

(B) by redesignating paragraph (10) as paragraph (11); and

(C) by inserting after paragraph (9) the following:

``(10) 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´´.

(3) RECRUITMENT AND PUBLIC AWARENESS FUNCTIONS.—

Section 193A of the National and Community Service Act of 1993 (as added by section 202 of this Act) is amended by adding at the end the following:

``(g) RECRUITMENT AND PUBLIC AWARENESS FUNCTIONS.—

``(1) EFFORT.— The Chief Executive Officer shall ensure that the Corporation, in carrying out the recruiting and public awareness functions of the Corporation, shall expend at least the level of effort on recruitment and public awareness activities related to the programs carried out under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) as ACTION expended on recruitment and public awareness activities related to programs under the Domestic Volunteer Service Act of 1973 during fiscal year 1993.

``(2) PERSONNEL.— The Chief Executive Officer shall assign or hire, as necessary, such additional national, regional, and State personnel to carry out such recruiting and public awareness functions as may be necessary to ensure that such functions are carried out in a timely and effective manner. The Chief Executive Officer shall give priority in the hiring of such additional personnel to individuals who have formerly served as volunteers in the programs carried out under the Domestic Volunteer Service Act of 1973 or similar programs, and to individuals who have specialized experience in the recruitment of volunteers.

``(3) FUNDS.— For the first fiscal year after the effective date of this subsection, and for each fiscal year thereafter, for the purpose of carrying out such recruiting and public awareness functions, the Chief Executive Officer shall obligate not less than 1.5 percent of the amounts appropriated for the fiscal year under section 501(a) of the Domestic Volunteer Service Act of 1973.´´.

(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 subsection, unless otherwise provided or indicated by the context—

(A) the term ``Chief Executive Officer´´ means the Chief Executive Officer of the Corporation;

(B) the term ``Corporation´´ means the Corporation for National and Community Service, established under section 191 of the National and Community Service Act of 1990;

(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, organizational 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 related functions of any officer or employee of the ACTION 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 Chief Executive Officer is authorized to allocate or reallocate any function transferred under paragraph (2) among the officers of the Corporation.

(5) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—

Except as otherwise provided in this subsection, the personnel employed in connection with, and the assets, liabilities, contracts, 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. Unexpended 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 subsection, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, 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 functions, as may be necessary to carry out the provisions of this subsection. The Director of the Office of Management and Budget shall provide for the termination 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 pursuant to this subsection of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall be to positions in the Corporation subject to section 195(a) of the National and Community Service Act of 1990, as added by section 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, United States Code.

(B) EXECUTIVE SCHEDULE POSITIONS.—

Except as otherwise provided in this subsection, any person who, on the day preceding the effective date of this subsection, held a position compensated 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 appointment 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 POSITIONS.—

Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this subsection, shall terminate on the effective date of this subsection.

(8) SAVINGS PROVISIONS.—

(A) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, 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 official thereof, or by a court of competent jurisdiction, 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 effective 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 Chief Executive Officer, 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 rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the ACTION Agency at the time this subsection takes effect, with respect to functions transferred by this subsection. Such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subsection had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted.

(C) SUITS NOT AFFECTED.—

The provisions of this subsection shall not affect suits commenced before the effective date of this subsection, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted.

(D) NONABATEMENT OF ACTIONS.—

No suit, action, or other proceeding commenced by or against the ACTION Agency, or by or against any individual in the official capacity of such individual as an officer of the ACTION Agency, shall abate by reason of the enactment of this subsection.

(E) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS.—

Any administrative action relating to the preparation or promulgation of a regulation by the ACTION Agency relating to a function transferred under this subsection may be continued by the Corporation with the same effect as if this subsection had not been enacted.

(9) SEVERABILITY.—

If a provision of this subsection or its application to any person or circumstance is held invalid, neither the remainder of this subsection nor the application of the provision to other persons or circumstances shall be affected.

(10) TRANSITION.—

Prior to, or after, any transfer of a function under this subsection, the Chief Executive Officer is authorized to utilize—

(A) the services of such officers, employees, and other personnel of the ACTION Agency with respect to functions that will be or have been transferred to the Corporation by this subsection; and

(B) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this subsection.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—

Except as provided in paragraph (2), this section, and the amendments made by this section, shall take effect—

(A) 18 months after the date of enactment of this Act; or

(B) on such earlier date as the President shall determine to be appropriate and announce by proclamation published in the Federal Register.

(2) TRANSITION.—

Subsection (c)(10) shall take effect on the date of enactment of this Act.

Sec. 204. Business Plan.

(a) BUSINESS PLAN REQUIRED.—

(1) IN GENERAL.—

The Corporation for National and Community Service (referred to in this section as the ``Corporation´´) shall prepare and submit to Congress a business plan. The Corporation may not provide assistance under section 121 of the National and Community Service Act of 1990 before the twentieth day of continuous session of Congress after the date on which the Corporation submits the business plan to Congress.

(2) COMPUTATION.—

For purposes of the computation of the 20-day period referred to in paragraph (1), continuity of a session of the Congress shall be considered to be broken only by—

(A) an adjournment of the Congress sine die; and

(B) the days on which either House is not in session because of an adjournment of more than 3 days to a date certain.

(b) REQUIRED ELEMENTS OF BUSINESS PLAN.—

(1) ALLOCATION OF FUNDS.—

The business plan shall contain—

(A) a description of the manner in which the Corporation will allocate funds for programs carried out by the Corporation after October 1, 1993;

(B) information on the principal offices and officers of the Corporation that will allocate such funds; and

(C) information that indicates how accountability for such funds can be determined, in terms of the office or officer responsible for such funds.

(2) INVESTIGATIVE AND AUDIT FUNCTIONS.—

The business plan shall include a description of the plans of the Corporation—

(A) to ensure continuity, during the transition period, and after the transition period, in the investigative and audit functions carried out by the Inspector General of ACTION prior to such period, consistent with the Inspector General Act of 1978 (5 U.S.C. App.); and

(B) to carry out investigative and audit functions and implement financial management controls regarding programs carried out by the Corporation after October 1, 1993, consistent with the Inspector General Act of 1978, including a specific description of—

(i) the manner in which the Office of Inspector General shall be established in the Corporation, in accordance with section 194(b) of the National and Community Service Act of 1990, as added by section 202 of this Act; and

(ii) the manner in which grants made by the Corporation shall be audited by such Office and the financial management controls that shall apply with regard to such grants and programs.

(3) ACCOUNTABILITY MEASURES.—

The business plan shall include a detailed description of the accountability measures to be established by the Corporation to ensure effective control of all funds for programs carried out by the Corporation after October 1, 1993.

(4) INFORMATION RESOURCES.—

The business plan shall include a description of an information resource management program that will support the program and financial management needs of the Corporation.

(5) CORPORATION STAFFING AND INTEGRATION OF ACTION.—

(A) TRANSFERS.—

The business plan shall include a report on the progress and plans of the President for transferring the functions, programs, and related personnel of ACTION to the Corporation, and shall include a timetable for the transfer.

(B) DETAILS AND ASSIGNMENTS.—

The report shall specify the number of ACTION employees detailed or assigned to the Corporation, and describe the hiring activity of the Corporation, during the transition period.

(C) STRUCTURE.—

The business plan shall include a description of the organizational structure of the Corporation during the transition period.

(D) STAFFING.—

The business plan shall include a description of—

(i) measures to ensure adequate staffing during the transition period with respect to programs carried out by the Corporation after October 1, 1993; and

(ii) the responsibilities and authorities of the Managing Directors and other key personnel of the Corporation.

(E) SENIOR EXECUTIVE SERVICE.—

The business plan shall include—

(i) an explanation of the number of the employees of the Corporation who will be paid at or above the rate of pay for level 1 of the Senior Executive Service Schedule under section 5382 of title 5, United States Code; and

(ii) information justifying such pay for such employees.

(6) DUPLICATION OF FUNCTIONS.—

The business plan shall include a description of the measures that the Corporation is taking or will take to minimize duplication of functions in the Corporation caused by the transfer of the functions of the Commission on National and Community Service, and the transfer of the functions of ACTION, to the Corporation. This description shall address functions at both the national and State levels.

(c) DEFINITION.—

The term ``transition period´´ means the period beginning on October 1, 1993 and ending on the day before the effective date of section 203(c)(2).

Sec. 205. Actions Under the National Service Laws to be Subject to the Availability of Appropriations.

No action involving the obligation or expenditure of funds may be taken under one of the national service laws (as defined in section 101(15) of the National and Community Service Act of 1990 (42 U.S.C. 12511(15))) unless and until the Corporation for National and Community Service has sufficient appropriations available at the time such action is taken to satisfy the obligation to be incurred or make the expenditure to be made.