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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 129. NATIONAL AND COMMUNITY SERVICE |
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SubChapter I. NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM |
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Division F. Administrative Provisions |
§ 12638. State Commissions on National and Community Service
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(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 section 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 subsection (a), (b), or (c) of section 12572 of this title. (J) A representative of the volunteer sector. (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.
(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)(12) 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 the private sector, organizations, and public agencies, using service and volunteerism as strategies to meet critical community needs, including service through programs funded under the national service laws; (B) covers a 3-year period, the beginning of which may be set by the State; (C) is subject to approval by the chief executive officer of the State; (D) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 12639(k) of this title; (E) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established networks and registries at the State level, or through the development of such networks and registries; (F) provides for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws; (G) is updated annually, reflecting changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State; (H) ensures outreach to, and coordination with, municipalities (including large cities) and county governments regarding the national service laws; and (I) 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 section 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 assign responsibility for such a function to the Commission or entity; or (iii) to 2 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. (l) 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.
References In Text
This chapter, referred to in subsecs. (a)(2) and (k)(1), was in the original “this Act”, meaning Pub. L. 101–610,
The Domestic Volunteer Service Act of 1973, referred to in subsecs. (c)(2)(E) and (e)(5), is Pub. L. 93–113,
Section 12653a of this title, referred to in subsec. (e)(6)(B), was in the original “section 198A”, meaning section 198A of Pub. L. 101–610, as added by section 104(c) of Pub. L. 103–82, which was repealed, and section 198B was redesignated section 198A, by Pub. L. 111–13, title I, § 1803(a)(1), (b),
The Community Services Block Grant Act, referred to in subsec. (k)(1), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35,
Prior Provisions
A prior section 12638, Pub. L. 101–610, title I, § 178,
Amendments
2009—Subsec. (a)(2). Pub. L. 111–13, § 1606(1), substituted “section 12582” for “sections 12543 and 12582”.
Subsec. (c)(1)(I). Pub. L. 111–13, § 1606(2)(A), substituted “subsection (a), (b), or (c) of section 12572 of this title.” for “section 12572(a) of this title, such as a youth corps program described in section 12572(a)(2) of this title.”
Subsec. (c)(1)(J). Pub. L. 111–13, § 1606(2)(B), added subpar. (J).
Subsec. (c)(3). Pub. L. 111–13, § 1606(3), struck out “, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity” before period at end.
Subsec. (d)(6)(B). Pub. L. 111–13, § 1606(4), substituted “section 12651d(b)(12)” for “section 12651d(b)(11)”.
Subsec. (e)(1). Pub. L. 111–13, § 1606(5)(A), added par. (1) and struck out former par. (1) which related to preparation of a national service plan for the State.
Subsec. (e)(2). Pub. L. 111–13, § 1606(5)(B), substituted “section 12582” for “sections 12543 and 12582”.
Subsecs. (f) to (l). Pub. L. 111–13, § 1606(6), (7), added subsecs. (f) and (g) and redesignated former subsecs. (f) to (j) as (h) to (l), respectively.
1993—Subsec. (i)(2)(A). Pub. L. 103–82, § 405(p)(1), substituted “the Corporation” for “ACTION, or of the Corporation,” before “that carries out”.
Effective Date Of Amendment
Amendment by Pub. L. 111–13 effective
Amendment by section 405(p)(1) of Pub. L. 103–82 effective
Effective Date
Pub. L. 103–82, title II, § 201(c),
Miscellaneous
Pub. L. 103–82, title II, § 201(d),