Title 42The Public Health and WelfareRelease 119-73

§2996d Officers and employees

Title 42 › Chapter CHAPTER 34— - ECONOMIC OPPORTUNITY PROGRAM › Subchapter SUBCHAPTER X— - LEGAL SERVICES CORPORATION › § 2996d

Last updated Apr 6, 2026|Official source

Summary

The Board must hire the Corporation’s president, who must be a lawyer admitted to the highest court of a State and who will sit on the Board without a vote. The Board also hires other officers it needs. Officers can only be paid by the Corporation while they work there, unless the Board allows otherwise, and they serve at the Board’s pleasure. The president, following Board rules, may hire and fire employees. No one may use political tests when hiring, promoting, or picking grantees or contractors. A Board member must not take part in any matter that directly helps that member or a firm they are or were linked to within two years. The Board sets pay, but it cannot exceed level V of the Executive Schedule (section 5316 of title 5). Except where stated here, staff and the Corporation are not treated as a federal agency, though OMB may review the annual budget. For workers’ compensation, retirement, life insurance, and health insurance the Corporation’s staff are treated as federal employees under subchapter I of chapter 81 and chapters 83, 87, and 89 of title 5, and the Corporation must pay the same contribution rates as federal agencies. The Corporation and its staff must follow section 552 of title 5 (Freedom of Information).

Full Legal Text

Title 42, §2996d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Board shall appoint the president of the Corporation, who shall be a member of the bar of the highest court of a State and shall be a non-voting ex officio member of the Board, and such other officers as the Board determines to be necessary. No officer of the Corporation may receive any salary or other compensation for services from any source other than the Corporation during his period of employment by the Corporation, except as authorized by the Board. All officers shall serve at the pleasure of the Board.
(b)(1)The president of the Corporation, subject to general policies established by the Board, may appoint and remove such employees of the Corporation as he determines necessary to carry out the purposes of the Corporation.
(2)No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this subchapter.
(c)No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or pertains specifically to any firm or organization with which such member is then associated or has been associated within a period of two years.
(d)Officers and employees of the Corporation shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5.
(e)(1)Except as otherwise specifically provided in this subchapter, officers and employees of the Corporation shall not be considered officers or employees, and the Corporation shall not be considered a department, agency, or instrumentality, of the Federal Government.
(2)Nothing in this subchapter shall be construed as limiting the authority of the Office of Management and Budget to review and submit comments upon the Corporation’s annual budget request at the time it is transmitted to the Congress.
(f)Officers and employees of the Corporation shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5: subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Corporation shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.
(g)The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Reimbursement of Officers or Employees Pub. L. 97–377, title I, § 101(d), Dec. 21, 1982, 96 Stat. 1876, provided: “That no officer or employee of the Legal Services Corporation or a recipient program shall be reimbursed for membership in a private club, or be paid severance pay in excess of what would be paid a Federal employee for comparable service.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 2996d

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73