National and Community Service Trust Act of 1993/Title II

{{SECTION|SEC. 201.|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:


 * (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.

{{SECTION|SEC. 202.|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


 * (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:


 * (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:


 * (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.

{{SECTION|SEC. 203.|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:


 * (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.

{{SECTION|SEC. 204.|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).

{{SECTION|SEC. 205.|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.