§2996d — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Board must appoint a president who is a lawyer admitted to the highest court of a State and who will sit on the Board without a vote. The Board also picks any other officers it needs. Officers can only be paid by the Corporation while they work there, unless the Board allows other pay. Officers serve until the Board replaces them. The president, following the Board’s policies, hires and fires employees needed to run the Corporation. No one may use political tests when hiring, promoting, or supervising staff, grantees, contractors, or recipients of help. Board members must not take part in decisions that directly help themselves or a firm they work for or worked for within the past two years. Officer pay is set by the Board but cannot exceed level V of the Executive Schedule (see section 5316 of title 5). The Corporation is usually not treated as a federal agency, but OMB may review and comment on its yearly budget when it goes to Congress. Corporation employees are treated as federal employees for certain benefits: work-injury pay (subchapter I of chapter 81), civil service retirement (chapter 83), life insurance (chapter 87), and health insurance (chapter 89), and the Corporation must make the same contribution payments. The Freedom of Information Act (section 552 of title 5) applies to the Corporation and its staff.

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).

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.”

§2996d Officers and Employees

Summary

Title 42, §2996d

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata