42 USC 12638 - State Commissions on National and Community Service

U.S Code last checked for updates: Nov 22, 2024

§ 12638.

State Commissions on National and Community Service

(a)

Existence required

(1)

State Commission

(2)

Alternative administrative entity

(b)

Appointment and size

(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

(4)

Ex officio State representatives

(5)

Limitation on number of State employees as members

(d)

Miscellaneous matters

(1)

Membership balance

(2)

Terms

(3)

Vacancies

(4)

Compensation

(5)

Chairperson

(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) 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

(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.

(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 1

 See References in Text note below.

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)

Relief from administrative requirements

(g)

State service plan for adults age 55 or older

(1)

In general

(2)

Matters included

The State service plan shall include—

(A)

recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs;

(B)

recommendations to the State agency (as defined in section 3002 of this title) on—

(i)

a marketing outreach plan to businesses; and

(ii)

outreach to—

(I)

nonprofit organizations;

(II)

the State educational agency;

(III)

institutions of higher education; and

(IV)

other State agencies;

(C)

recommendations for civic engagement and multigenerational activities, such as—

(i)

early childhood education and care, family literacy, and after school programs;

(ii)

respite services for adults age 55 or older and caregivers; and

(iii)

transitions for older adults age 55 or older to purposeful work in their post-career lives; and

(D)

recommendations for encouraging the development of Encore service programs in the State.

(3)

Knowledge base

The State service plan shall incorporate the current knowledge base (as of the time of the plan) regarding—

(A)

the economic impact of the roles of workers age 55 or older in the economy;

(B)

the social impact of the roles of such workers in the community; and

(C)

the health and social benefits of active engagement for adults age 55 or older.

(4)

Publication

(h)

Activity ineligible for assistance

(i)

Delegation

(j)

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

(3)

Rejection

(4)

Resubmission and reconsideration

(5)

Subsequent changes

(6)

Rights

(k)

Coordination

(1)

Coordination with other State agencies

(2)

Coordination with volunteer service programs

(A)

In general

(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 2

 So in original. The word “to” probably should not appear.

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

(2)

Other claims

(A)

In general

(B)

Limitation

(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, § 178, as added and amended Pub. L. 103–82, title II, § 201(a), title IV, § 405(p)(1), Sept. 21, 1993, 107 Stat. 867, 922; Pub. L. 111–13, title I, § 1606, Apr. 21, 2009,

cite as: 42 USC 12638