U.S. Code
»
Title 42
» Chapter CHAPTER 34— ECONOMIC OPPORTUNITY PROGRAM › Subchapter SUBCHAPTER X— LEGAL SERVICES CORPORATION
42 U.S.C. § 2996d
Officers and employees
(a) Appointment of president; outside compensation of officers prohibited; termsThe 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) Power of president to appoint and remove employees; nonpartisan appointments(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) Conflict of interestNo 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) CompensationOfficers 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) Officers and employees not deemed officers and employees of Federal Government; Corporation not deemed a department, agency, or instrumentality of Federal Government; review of annual budget(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) ExceptionsOfficers 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) Freedom of informationThe Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).
(Pub. L. 88–452, title X, § 1005, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 380.)Statutory Notes and Related SubsidiariesReimbursement of Officers or EmployeesPub. 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.”
Notes of Decisions
Regional Management Corp. v. Legal Services Corp. (1999)
ca4 · cites it 12×
“, do not provide a basis for reviewing Legal Services' decision, see 42 U.S.C. § 2996d(e)(1), it followed the lead of several courts that have nonetheless found authority to review certain Legal Services actions under a pre-APA standard of review, which requires a court to…”
Wilkinson v. Legal Services Corp. (1998)
dcd · cites it 8×
“See 42 U.S.C. § 2996d(a). The Board may also appoint “such other officers as [it] determines to be necessary.”
Lebron v. National Railroad Passenger Corporation (1995)
scotus · cites it 2×
“§ 396 (b) (Corporation for Public Broadcasting (CPB)); 42 U. S. C. § 2996d(e)(1) (Legal Services Corporation (LSC)), and though not subjected to the restrictions of the GCCA, were (unlike Comsat) managed by boards of directors on which Government appointees had not just a few…”
Newman v. Legal Services Corp. (1986)
dcd · cites it 3×
“§ 2996d(g), and LSC is prohibited from terminating recipients of its funds without providing notice and an opportunity for a hearing before a hearing examiner, see 42 U.”
Flores v. Flores (1979)
alaska · cites it 2×
“§ 2996c(c); 42 U.S.C. § 2996d(e)(1). Spokane County Legal Services, Inc.”
Hedges v. Legal Services Corp. (1987)
cand · cites it 5×
“Specifically, the Corporation argues that plaintiff relies on 42 U.S.C. § 2996d(b)(2) when stating several of his causes of action.”
Neighborhood Legal Services, Inc. v. Legal Services Corp. (1979)
ctd · cites it 2×
“The legislation creating the Corporation provides that the Corporation shall not be considered an agency of the Federal Government, 42 U.S.C.A. § 2996d(e)(l), and it is therefore exempt from the general coverage of the Administrative Procedure Act, including the A.”
Multnomah Legal Services Workers Union v. Legal Services Corp. (1991)
ca9 · cites it 3×
“Although LSC grants and administers federal funds, the LSC Act specifically provides: [Ojfficers and employees of [LSC] shall not be considered officers and employees, and [LSC] shall not be considered a department, agency, or instrumentality of the Federal Government.”
Grassley v. Legal Services Corp. (1982)
iasd
“See 42 U.S.C. § 2996d(e)(1). While Congress specifically extended the coverage of several other federal statutes to the Corporation and its officers and employees, section 1913 was not so extended.”
LEGAL SERVICES CORP., ETC. v. Ehrlich (1978)
mdd · cites it 2×
“30 42 U.S.C. § 2996d(e)(l) provides: 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…”
— 42 U.S.C. § 2996d(a) — 1 case
— 42 U.S.C. § 2996d(b)(2) — 1 case
Hedges v. Legal Services Corp. (1987)
cand
“Specifically, the Corporation argues that plaintiff relies on 42 U.S.C. § 2996d(b)(2) when stating several of his causes of action.”
— 42 U.S.C. § 2996d(b)(l) — 1 case
— 42 U.S.C. § 2996d(e) — 3 cases
Hedges v. Legal Services Corp. (1987)
cand
“Specifically, the Corporation argues that plaintiff relies on 42 U.S.C. § 2996d(b)(2) when stating several of his causes of action.”
Multnomah Legal Services Workers Union v. Legal Services Corp. (1991)
ca9
“Although LSC grants and administers federal funds, the LSC Act specifically provides: [Ojfficers and employees of [LSC] shall not be considered officers and employees, and [LSC] shall not be considered a department, agency, or instrumentality of the Federal Government.”
— 42 U.S.C. § 2996d(e)(1) — 7 cases
Regional Management Corp. v. Legal Services Corp. (1999)
ca4
“, do not provide a basis for reviewing Legal Services' decision, see 42 U.S.C. § 2996d(e)(1), it followed the lead of several courts that have nonetheless found authority to review certain Legal Services actions under a pre-APA standard of review, which requires a court to…”
Lebron v. National Railroad Passenger Corporation (1995)
scotus
“§ 396 (b) (Corporation for Public Broadcasting (CPB)); 42 U. S. C. § 2996d(e)(1) (Legal Services Corporation (LSC)), and though not subjected to the restrictions of the GCCA, were (unlike Comsat) managed by boards of directors on which Government appointees had not just a few…”
Flores v. Flores (1979)
alaska
“§ 2996c(c); 42 U.S.C. § 2996d(e)(1). Spokane County Legal Services, Inc.”
Newman v. Legal Services Corp. (1986)
dcd
“§ 2996d(g), and LSC is prohibited from terminating recipients of its funds without providing notice and an opportunity for a hearing before a hearing examiner, see 42 U.”
— 42 U.S.C. § 2996d(e)(l) — 14 cases
Regional Management Corp. v. Legal Services Corp. (1999)
ca4
“, do not provide a basis for reviewing Legal Services' decision, see 42 U.S.C. § 2996d(e)(1), it followed the lead of several courts that have nonetheless found authority to review certain Legal Services actions under a pre-APA standard of review, which requires a court to…”
Lebron v. National Railroad Passenger Corporation (1995)
scotus
“§ 396 (b) (Corporation for Public Broadcasting (CPB)); 42 U. S. C. § 2996d(e)(1) (Legal Services Corporation (LSC)), and though not subjected to the restrictions of the GCCA, were (unlike Comsat) managed by boards of directors on which Government appointees had not just a few…”
Flores v. Flores (1979)
alaska
“§ 2996c(c); 42 U.S.C. § 2996d(e)(1). Spokane County Legal Services, Inc.”
— 42 U.S.C. § 2996d(f) — 3 cases
Hedges v. Legal Services Corp. (1987)
cand
“Specifically, the Corporation argues that plaintiff relies on 42 U.S.C. § 2996d(b)(2) when stating several of his causes of action.”
Multnomah Legal Services Workers Union v. Legal Services Corp. (1991)
ca9
“Although LSC grants and administers federal funds, the LSC Act specifically provides: [Ojfficers and employees of [LSC] shall not be considered officers and employees, and [LSC] shall not be considered a department, agency, or instrumentality of the Federal Government.”
— 42 U.S.C. § 2996d(g) — 5 cases
Regional Management Corp. v. Legal Services Corp. (1999)
ca4
“, do not provide a basis for reviewing Legal Services' decision, see 42 U.S.C. § 2996d(e)(1), it followed the lead of several courts that have nonetheless found authority to review certain Legal Services actions under a pre-APA standard of review, which requires a court to…”
Newman v. Legal Services Corp. (1986)
dcd
“§ 2996d(g), and LSC is prohibited from terminating recipients of its funds without providing notice and an opportunity for a hearing before a hearing examiner, see 42 U.”
Neighborhood Legal Services, Inc. v. Legal Services Corp. (1979)
ctd
“The legislation creating the Corporation provides that the Corporation shall not be considered an agency of the Federal Government, 42 U.S.C.A. § 2996d(e)(l), and it is therefore exempt from the general coverage of the Administrative Procedure Act, including the A.”
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