
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12638]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division F--Administrative Provisions
 
Sec. 12638. State Commissions on National and Community Service


(a) Existence required

                        (1) State Commission

        Except as provided in paragraph (2), to be eligible to receive a 
    grant or allotment under division B or C of this subchapter or to 
    receive a distribution of approved national service positions under 
    division C of this subchapter, a State shall maintain a State 
    Commission on National and Community Service that satisfies the 
    requirements of this section.

                (2) Alternative administrative entity

        The chief executive officer of a State may apply to the 
    Corporation for approval to use an alternative administrative entity 
    to carry out the duties otherwise entrusted to a State Commission 
    under this chapter. The chief executive officer shall ensure that 
    any alternative administrative entity used in lieu of a State 
    Commission provides for the individuals described in paragraph (1), 
    and some of the individuals described in paragraph (2), of 
    subsection (c) of this section to play a significant policymaking 
    role in carrying out the duties otherwise entrusted to a State 
    Commission, including the submission of applications on behalf of 
    the State under sections 12543 and 12582 of this title.

(b) Appointment and size

    Except as provided in subsection (c)(3) of this section, the members 
of a State Commission for a State shall be appointed by the chief 
executive officer of the State. A State Commission shall consist of not 
fewer than 15, and not more than 25, voting members, and any ex officio 
nonvoting members, as described in paragraph (3) or (4) of subsection 
(c) of this section.

(c) Composition and membership

                        (1) Required members

        The State Commission for a State shall include as voting members 
    at least one of each of the following individuals:
            (A) An individual with expertise in the educational, 
        training, and development needs of youth, particularly 
        disadvantaged youth.
            (B) An individual with experience in promoting the 
        involvement of older adults in service and voluntarism.
            (C) A representative of community-based agencies or 
        community-based organizations within the State.
            (D) The head of the State educational agency.
            (E) A representative of local governments in the State.
            (F) A representative of local labor organizations in the 
        State.
            (G) A representative of business.
            (H) An individual between the ages of 16 and 25 who is a 
        participant or supervisor in a program.
            (I) A representative of a national service program described 
        in section 12572(a) of this title, such as a youth corps program 
        described in section 12572(a)(2) of this title.

                    (2) Sources of other members

        The State Commission for a State may include as voting members 
    the following individuals:
            (A) Members selected from among local educators.
            (B) Members selected from among experts in the delivery of 
        human, educational, environmental, or public safety services to 
        communities and persons.
            (C) Representatives of Indian tribes.
            (D) Members selected from among out-of-school youth or other 
        at-risk youth.
            (E) Representatives of entities that receive assistance 
        under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 
        et seq.).

                   (3) Corporation representative

        The representative of the Corporation designated under section 
    12651f(c) of this title for a State shall be an ex officio nonvoting 
    member of the State Commission or alternative administrative entity 
    for that State, unless the State permits the representative to serve 
    as a voting member of the State Commission or alternative 
    administrative entity.

                (4) Ex officio State representatives

        The chief executive officer of a State may appoint, as ex 
    officio nonvoting members of the State Commission for the State, 
    representatives selected from among officers and employees of State 
    agencies operating community service, youth service, education, 
    social service, senior service, and job training programs.

       (5) Limitation on number of State employees as members

        The number of voting members of a State Commission selected 
    under paragraph (1) or (2) who are officers or employees of the 
    State may not exceed 25 percent (reduced to the nearest whole 
    number) of the total membership of the State Commission.

(d) Miscellaneous matters

                       (1) Membership balance

        The chief executive officer of a State shall ensure, to the 
    maximum extent practicable, that the membership of the State 
    Commission for the State is diverse with respect to race, ethnicity, 
    age, gender, and disability characteristics. Not more than 50 
    percent of the voting members of a State Commission, plus one 
    additional member, may be from the same political party.

                              (2) Terms

        Each member of the State Commission for a State shall serve for 
    a term of 3 years, except that the chief executive officer of a 
    State shall initially appoint a portion of the members to terms of 1 
    year and 2 years.

                            (3) Vacancies

        If a vacancy occurs on a State Commission, a new member shall be 
    appointed by the chief executive officer of the State and serve for 
    the remainder of the term for which the predecessor of such member 
    was appointed. The vacancy shall not affect the power of the 
    remaining members to execute the duties of the State Commission.

                          (4) Compensation

        A member of a State Commission or alternative administrative 
    entity shall not receive any additional compensation by reason of 
    service on the State Commission or alternative administrative 
    entity, except that the State may authorize the reimbursement of 
    travel expenses, including a per diem in lieu of subsistence, in the 
    same manner as other employees serving intermittently in the service 
    of the State.

                           (5) Chairperson

        The voting members of a State Commission shall elect one of the 
    voting members to serve as chairperson of the State Commission.

               (6) Limitation on member participation

        (A) General limitation

            Except as provided in subparagraph (B), a voting member of 
        the State Commission (or of an alternative administrative 
        entity) shall not participate in the administration of the grant 
        program (including 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) 
        described in subsection (e)(9) of this section if--
                (i) a grant application relating to such program is 
            pending before the Commission (or such entity); and
                (ii) the application was submitted by a program or 
            entity of which such member is, or in the 1-year period 
            before the submission of such application was, an officer, 
            director, trustee, full-time volunteer, or employee.

        (B) Exception

            If, as a result of the operation of subparagraph (A), the 
        number of voting members of the Commission (or of such entity) 
        is insufficient to establish a quorum for the purpose of 
        administering such program, then voting members excluded from 
        participation by subparagraph (A) may participate in the 
        administration of such program, notwithstanding the limitation 
        in subparagraph (A), to the extent permitted by regulations 
        issued under section 12651d(b)(11) of this title by the 
        Corporation.

        (C) Rule of construction

            Subparagraph (A) shall not be construed to limit the 
        authority of any voting member of the Commission (or of such 
        entity) to participate in--
                (i) discussion of, and hearing and forums on--
                    (I) the general duties, policies, and operations of 
                the Commission (or of such entity); or
                    (II) the general administration of such program; or

                (ii) similar general matters relating to the Commission 
            (or such entity).

(e) Duties of a State Commission

    The State Commission or alternative administrative entity for a 
State shall be responsible for the following duties:
        (1) Preparation of a national service plan for the State that--
            (A) is developed through an open and public process (such as 
        through regional forums, hearings, and other means) that 
        provides for maximum participation and input from national 
        service programs within the State and other interested members 
        of the public;
            (B) covers a 3-year period;
            (C) is updated annually;
            (D) ensures outreach to diverse community-based agencies 
        that serve underrepresented populations, by--
                (i) using established networks, and registries, at the 
            State level; or
                (ii) establishing such networks and registries; and

            (E) contains such information as the State Commission 
        considers to be appropriate or as the Corporation may require.

        (2) Preparation of the applications of the State under sections 
    12543 and 12582 of this title for financial assistance.
        (3) Assistance in the preparation of the application of the 
    State educational agency for assistance under section 12525 of this 
    title.
        (4) Preparation of the application of the State under section 
    12582 of this title for the approval of service positions that 
    include the national service educational award described in division 
    D of this subchapter.
        (5) Make recommendations to the Corporation with respect to 
    priorities for programs receiving assistance under the Domestic 
    Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
        (6) Make technical assistance available to enable applicants for 
    assistance under section 12571 of this title--
            (A) to plan and implement service programs; and
            (B) to apply for assistance under the national service laws 
        using, if appropriate, information and materials available 
        through a clearinghouse established under section 12653a of this 
        title.

        (7) Assistance in the provision of health care and child care 
    benefits under section 12594 of this title to participants in 
    national service programs that receive assistance under section 
    12571 of this title.
        (8) Development of a State system for the recruitment and 
    placement of participants in programs that receive assistance under 
    the national service laws and dissemination of information 
    concerning national service programs that receive such assistance or 
    approved national service positions.
        (9) Administration of the grant program in support of national 
    service programs that is conducted by the State using assistance 
    provided to the State under section 12571 of this title, including 
    selection, oversight, and evaluation of grant recipients.
        (10) Development of projects, training methods, curriculum 
    materials, and other materials and activities related to national 
    service programs that receive assistance directly from the 
    Corporation (to be made available in a case in which such a program 
    requests such a project, method, material, or activity) or from the 
    State using assistance provided under section 12571 of this title, 
    for use by programs that request such projects, methods, materials, 
    and activities.

(f) Activity ineligible for assistance

    A State Commission or alternative administrative entity may not 
directly carry out any national service program that receives assistance 
under section 12571 of this title.

(g) Delegation

    Subject to such requirements as the Corporation may prescribe, a 
State Commission may delegate nonpolicymaking duties to a State agency 
or public or private nonprofit organization.

(h) Approval of State Commission or alternative

                    (1) Submission to Corporation

        The chief executive officer for a State shall notify the 
    Corporation of the establishment or designation of the State 
    Commission or use of an alternative administrative entity for the 
    State. The notification shall include a description of--
            (A) the composition and membership of the State Commission 
        or alternative administrative entity; and
            (B) the authority of the State Commission or alternative 
        administrative entity regarding national service activities 
        carried out by the State.

          (2) Approval of alternative administrative entity

        Any designation of a State Commission or use of an alternative 
    administrative entity to carry out the duties of a State Commission 
    shall be subject to the approval of the Corporation, which shall not 
    be unreasonably withheld. The Corporation shall approve an 
    alternative administrative entity if such entity provides for 
    individuals described in paragraph (1), and some of the individuals 
    described in paragraph (2), of subsection (c) of this section to 
    play a significant policymaking role in carrying out the duties 
    otherwise entrusted to a State Commission, including the duties 
    described in paragraphs (1) through (4) of subsection (e) of this 
    section.

                            (3) Rejection

        The Corporation may reject a State Commission if the Corporation 
    determines that the composition, membership, or duties of the State 
    Commission do not comply with the requirements of this section. The 
    Corporation may reject a request to use an alternative 
    administrative entity in lieu of a State Commission if the 
    Corporation determines that the entity does not provide for the 
    individuals described in paragraph (1), and some of the individuals 
    described in paragraph (2), of subsection (c) of this section to 
    play a significant policymaking role as described in paragraph (2). 
    If the Corporation rejects a State Commission or alternative 
    administrative entity under this paragraph, the Corporation shall 
    promptly notify the State of the reasons for the rejection.

                (4) Resubmission and reconsideration

        The Corporation shall provide a State notified under paragraph 
    (3) with a reasonable opportunity to revise the rejected State 
    Commission or alternative administrative entity. At the request of 
    the State, the Corporation shall provide technical assistance to the 
    State as part of the revision process. The Corporation shall 
    promptly reconsider any resubmission of a notification under 
    paragraph (1) or application to use an alternative administrative 
    entity under paragraph (2).

                       (5) Subsequent changes

        This subsection shall also apply to any change in the 
    composition or duties of a State Commission or an alternative 
    administrative entity made after approval of the State Commission or 
    the alternative administrative entity.

                             (6) Rights

        An alternative administrative entity approved by the Corporation 
    under this subsection shall have the same rights as a State 
    Commission.

(i) Coordination

             (1) Coordination with other State agencies

        The State Commission or alternative administrative entity for a 
    State shall coordinate the activities of the Commission or entity 
    under this chapter with the activities of other State agencies that 
    administer Federal financial assistance programs under the Community 
    Services Block Grant Act (42 U.S.C. 9901 et seq.) or other 
    appropriate Federal financial assistance programs.

          (2) Coordination with volunteer service programs

        (A) In general

            The State Commission or alternative administrative entity 
        for a State shall coordinate functions of the Commission or 
        entity (including recruitment, public awareness, and training 
        activities) with such functions of any division of the 
        Corporation that carries out volunteer service programs in the 
        State.

        (B) Agreement

            In coordinating functions under this paragraph, such 
        Commission or entity, and such division, may enter into an 
        agreement to--
                (i) carry out such a function jointly;
                (ii) to \1\ assign responsibility for such a function to 
            the Commission or entity; or
---------------------------------------------------------------------------
    \1\ So in original. The word ``to'' probably should not appear.
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                (iii) to \1\ assign responsibility for such a function 
            to the division.

        (C) Information

            The State Commission or alternative entity for a State, and 
        the head of any such division, shall exchange information 
        about--
                (i) the programs carried out in the State by the 
            Commission, entity, or division, as appropriate; and
                (ii) opportunities to coordinate activities.

(j) Liability

                       (1) Liability of State

        Except as provided in paragraph (2)(B), a State shall agree to 
    assume liability with respect to any claim arising out of or 
    resulting from any act or omission by a member of the State 
    Commission or alternative administrative entity of the State, within 
    the scope of the service of the member on the State Commission or 
    alternative administrative entity.

                          (2) Other claims

        (A) In general

            A member of the State Commission or alternative 
        administrative entity shall have no personal liability with 
        respect to any claim arising out of or resulting from any act or 
        omission by such person, within the scope of the service of the 
        member on the State Commission or alternative administrative 
        entity.

        (B) Limitation

            This paragraph shall not be construed to limit personal 
        liability for criminal acts or omissions, willful or malicious 
        misconduct, acts or omissions for private gain, or any other act 
        or omission outside the scope of the service of such member on 
        the State Commission or alternative administrative entity.

                       (3) Effect on other law

        This subsection shall not be construed--
            (A) to affect any other immunities and protections that may 
        be available to such member under applicable law with respect to 
        such service;
            (B) to affect any other right or remedy against the State 
        under applicable law, or against any person other than a member 
        of the State Commission or alternative administrative entity; or
            (C) to limit or alter in any way the immunities that are 
        available under applicable law for State officials and employees 
        not described in this subsection.

(Pub. L. 101-610, title I, Sec. 178, as added and amended Pub. L. 103-
82, title II, Sec. 201(a), title IV, Sec. 405(p)(1), Sept. 21, 1993, 107 
Stat. 867, 922.)

                       References in Text

    The Domestic Volunteer Service Act of 1973, referred to in subsecs. 
(c)(2)(E) and (e)(5), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as 
amended, which is classified principally to chapter 66 (Sec. 4950 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 4950 of this title and 
Tables.
    The Community Services Block Grant Act, referred to in subsec. 
(i)(1), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35, 
Aug. 13, 1981, 95 Stat. 511, as amended, which is classified generally 
to chapter 106 (Sec. 9901 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 9901 of this title and Tables.


                            Prior Provisions

    A prior section 12638, Pub. L. 101-610, title I, Sec. 178, Nov. 16, 
1990, 104 Stat. 3164; Pub. L. 102-10, Sec. 8(1), Mar. 12, 1991, 105 
Stat. 31, provided that States applying for assistance under this 
subchapter be encouraged to establish a State Advisory Board for 
National and Community Service and set out additional provisions for 
membership and duties of such boards, prior to repeal by Pub. L. 103-82, 
Sec. 201(a).


                               Amendments

    1993--Subsec. (i)(2)(A). Pub. L. 103-82, Sec. 405(p)(1), substituted 
``the Corporation'' for ``ACTION, or of the Corporation,'' before ``that 
carries out''.


                    Effective Date of 1993 Amendment

    Amendment by section 405(p)(1) of Pub. L. 103-82 effective Apr. 4, 
1994, see section 406(b) of Pub. L. 103-82, set out as a note under 
section 8332 of Title 5, Government Organization and Employees.


                             Effective Date

    Section 201(c) of Pub. L. 103-82 provided that: ``The amendments 
made by this section [enacting this section and repealing former section 
12638 of this title] shall take effect on October 1, 1993.''


                         Transitional Provisions

    Section 201(d) of Pub. L. 103-82 provided that:
    ``(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 [42 U.S.C. 12638], 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 [Sept. 21, 1993].''

                  Section Referred to in Other Sections

    This section is referred to in sections 5011, 12511, 12572, 12576, 
12651d, 12651f, 12651h of this title.
