§ 12651d. 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 [1] 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 the national service laws, the Chief Executive Officer, in collaboration with the State Commissions, shall—
(1)
prepare and submit to the Board a strategic plan, including a plan for having 50 percent of all approved national service positions be full-time positions by 2012, 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 the national service laws; and
(B)
after receiving and reviewing an approved proposal under section
12651b
(g)(2) of this title, 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 the national service laws, with necessary adjustments on account of overpayments and underpayments), and designate such positions as approved national service positions, approved summer of service positions, and approved silver scholar positions as are necessary or appropriate to carry out the national service laws;
(3)
(A)
prepare and submit to the Board a proposal regarding, the regulations established under section
12651f
(b)(3)(A) of this title, and such other standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the national service laws; and
(4)
(A)
prepare and submit to the Board a plan for the evaluation of programs established under the national service laws, in accordance with section
12639 of this title; and
(6)
suspend or terminate payments and positions described in paragraph (2)(B), in accordance with section
12636 of this title;
(7)
prepare and submit to the authorizing committees and the Board an annual report on actions taken to achieve the goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal;
(8)
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;
(9)
inform the Board of, and provide an explanation to the Board regarding, any substantial differences regarding the implementation of the national service laws between—
(10)
prepare and submit to the authorizing committees an annual report, and such interim reports as may be necessary, describing—
(11)
provide for studies (including the evaluations described in subsection (f) of this section) and demonstrations that evaluate, and prepare and submit to the Board periodically, 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 [16 U.S.C. 1701 et seq.] (referred to in this subparagraph as “service programs”), including—
(i)
whether the State and national priorities, as described in section
12572
(f)(1) of this title, designed to meet unmet human, education, environmental, or public safety needs are being addressed by this chapter;
(ii)
the manner in which—
(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;
(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 division C of this subchapter and other programs authorized by this chapter, 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;
(12)
for purposes of section
12638
(d)(6)(B) of this title, 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;
(13)
bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—
(G)
outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;
(14)
identify and implement methods of recruitment to—
(15)
coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;
(16)
collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify and implement methods of recruitment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the national service laws;
(17)
identify and implement recruitment strategies and training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 5000 et seq.];
(18)
collaborate with organizations that have established volunteer recruitment programs to increase the recruitment capacity of the Corporation;
(19)
where practicable, provide application materials in languages other than English for individuals with limited English proficiency who wish to participate in a national service program;
(20)
collaborate with the training and technical assistance programs described in division K with respect to the activities described in section
12657
(b) of this title); [2]
(22)
coordinate with entities receiving funds under division C in establishing the National Service Reserve Corps under section
12653h of this title, through which alumni of the national service programs and veterans can serve in disasters and emergencies (as such terms are defined in section
12653h
(a) of this title); [1]
(23)
identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in programs under the national service laws, collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws;
(c)
Powers
In addition to the authority conferred on the Chief Executive Officer under any other provision of the national service laws, 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
12651e
(a)(3) of this title 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 the national service laws;
(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;
(5)
disseminate, without regard to the provisions of section
3204 of title
39, 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 (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 chapter;
(9)
consolidate the reports to the authorizing committees required under the national service laws, and the report required under section
9106 of title
31, into a single report, and submit the report to the authorizing committees on an annual basis;
(d)
Delegation
(1)
“Function” defined
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 the national service laws, the Chief Executive Officer may delegate any function under the national service laws, 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 the national service laws shall relieve such Chief Executive Officer of responsibility for the administration of such function.
(e)
Actions
In an action described in subsection (c)(7) of this section—
(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;
(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 divisions C and I of this subchapter, 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 division C of this subchapter to determine the levels of participation of economically disadvantaged individuals in national service programs carried out or supported using assistance provided under section
12571 of this title.
(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
12571 of this title, and ending on a date that is as close as is practicable to the the [3] first date that a report is submitted under subsection (b)(11) after the effective date of the Serve America Act.
(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
12571 of this title 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.
(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 [42 U.S.C. 4950 et seq.] 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 [42 U.S.C. 5081
(a)].
(h)
Authority to contract with businesses
The Chief Executive Officer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(13), with priority given to those entities that have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and older adults.
(i)
Campaign to solicit funds
The Chief Executive Officer may conduct a campaign to solicit funds to conduct outreach and recruitment campaigns to recruit a diverse population of service sponsors of, and participants in, programs and projects receiving assistance under the national service laws.
[1] See References in Text note below.
[2] So in original. The closing parenthesis probably should not appear.
[3] So in original.