---
kind: "section"
citation: "42 U.S.C. § 12638"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12638"
heading: "State Commissions on National and Community Service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12638"
units:
  - "Chapter 129 — National and Community Service"
  - "Subchapter I — National and Community Service State Grant Program"
  - "Division F — Administrative Provisions"
---

# §12638. State Commissions on National and Community Service

- (a) **Existence required—**
  - (1) **State Commission—** Except as provided in [paragraph (2)](#a-2), to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a [State](/usc/42/12522.md?p=1) shall maintain a [State](/usc/42/12522.md?p=1) Commission on National and Community Service that satisfies the requirements of this section.
  - (2) **Alternative administrative entity—** The chief executive officer of a [State](/usc/42/12522.md?p=1) may apply to the [Corporation](/usc/42/2297h.md?p=2) for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a [State](/usc/42/12522.md?p=1) Commission under this chapter. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a [State](/usc/42/12522.md?p=1) Commission provides for the individuals described in [paragraph (1)](#a-1), and some of the individuals described in [paragraph (2)](#c-2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a [State](/usc/42/12522.md?p=1) Commission, including the submission of applications on behalf of the [State](/usc/42/12522.md?p=1) under [section 12582 of this title](/usc/42/12582.md).
- (b) **Appointment and size—** Except as provided in [subsection (c)(3)](#c-3), the members of a [State](/usc/42/12522.md?p=1) Commission for a [State](/usc/42/12522.md?p=1) shall be appointed by the chief executive officer of the [State](/usc/42/12522.md?p=1). A [State](/usc/42/12522.md?p=1) 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)](#c-3) or [(4)](#c-4) of subsection (c).
- (c) **Composition and membership—**
  - (1) **Required members—** The [State](/usc/42/12522.md?p=1) Commission for a [State](/usc/42/12522.md?p=1) 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](/usc/42/8262.md?p=1) or community-based organizations within the [State](/usc/42/12522.md?p=1).
    - (D) The head of the [State educational agency](/usc/42/12522.md?p=2).
    - (E) A representative of local governments in the [State](/usc/42/12522.md?p=1).
    - (F) A representative of local labor organizations in the [State](/usc/42/12522.md?p=1).
    - (G) A representative of business.
    - (H) An individual between the ages of 16 and 25 who is a participant or supervisor in a [program](/usc/42/12626.md?p=8).
    - (I) A representative of a national service [program](/usc/42/12626.md?p=8) described in subsection (a), (b), or (c) of [section 12572 of this title](/usc/42/12572.md).
    - (J) A representative of the volunteer sector.
  - (2) **Sources of other members—** The [State](/usc/42/12522.md?p=1) Commission for a [State](/usc/42/12522.md?p=1) 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](/usc/42/4950.md) et seq.).
  - (3) **Corporation representative—** The representative of the [Corporation](/usc/42/2297h.md?p=2) designated under [section 12651f(c) of this title](/usc/42/12651f.md?p=c) for a [State](/usc/42/12522.md?p=1) shall be an ex officio nonvoting member of the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity for that [State](/usc/42/12522.md?p=1).
  - (4) **Ex officio State representatives—** The chief executive officer of a [State](/usc/42/12522.md?p=1) may appoint, as ex officio nonvoting members of the [State](/usc/42/12522.md?p=1) Commission for the [State](/usc/42/12522.md?p=1), representatives selected from among officers and employees of [State agencies](/usc/42/300s–3.md?p=12) operating community service, youth service, education, social service, senior service, and job training [programs](/usc/42/12626.md?p=8).
  - (5) **Limitation on number of State employees as members—** The number of voting members of a [State](/usc/42/12522.md?p=1) Commission selected under paragraph [(1)](#c-1) or [(2)](#c-2) who are officers or employees of the [State](/usc/42/12522.md?p=1) may not exceed 25 percent (reduced to the nearest whole number) of the total membership of the [State](/usc/42/12522.md?p=1) Commission.
- (d) **Miscellaneous matters—**
  - (1) **Membership balance—** The chief executive officer of a [State](/usc/42/12522.md?p=1) shall ensure, to the maximum extent practicable, that the membership of the [State](/usc/42/12522.md?p=1) Commission for the [State](/usc/42/12522.md?p=1) is diverse with respect to race, ethnicity, age, gender, and disability characteristics. Not more than 50 percent of the voting members of a [State](/usc/42/12522.md?p=1) Commission, plus one additional member, may be from the same political party.
  - (2) **Terms—** Each member of the [State](/usc/42/12522.md?p=1) Commission for a [State](/usc/42/12522.md?p=1) shall serve for a term of 3 years, except that the chief executive officer of a [State](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) Commission, a new member shall be appointed by the chief executive officer of the [State](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) Commission.
  - (4) **Compensation—** A member of a [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity shall not receive any additional compensation by reason of service on the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity, except that the [State](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1).
  - (5) **Chairperson—** The voting members of a [State](/usc/42/12522.md?p=1) Commission shall elect one of the voting members to serve as chairperson of the [State](/usc/42/12522.md?p=1) Commission.
  - (6) **Limitation on member participation—**
    - (A) **General limitation—** Except as provided in [subparagraph (B)](#d-6-B), a voting member of the [State](/usc/42/12522.md?p=1) Commission (or of an alternative administrative entity) shall not participate in the administration of the grant [program](/usc/42/12626.md?p=8) (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](/usc/42/12626.md?p=8) or entity) described in [subsection (e)(9)](#e-9) if—
      - (i) a grant application relating to such [program](/usc/42/12626.md?p=8) is pending before the Commission (or such entity); and
      - (ii) the application was submitted by a [program](/usc/42/12626.md?p=8) or entity of which such member is, or in the 1-year period before the submission of such application was, an officer, [director](/usc/42/12626.md?p=6), trustee, full-time volunteer, or employee.
    - (B) **Exception—** If, as a result of the operation of [subparagraph (A)](#d-6-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](/usc/42/12626.md?p=8), then voting members excluded from participation by [subparagraph (A)](#d-6-A) may participate in the administration of such [program](/usc/42/12626.md?p=8), notwithstanding the limitation in [subparagraph (A)](#d-6-A), to the extent permitted by regulations issued under [section 12651d(b)(12) of this title](/usc/42/12651d.md?p=b-12) by the [Corporation](/usc/42/2297h.md?p=2).
    - (C) **Rule of construction—** [Subparagraph (A)](#d-6-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](/usc/42/12626.md?p=8); or
      - (ii) similar general matters relating to the Commission (or such entity).
- (e) **Duties of a State Commission—** The [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity for a [State](/usc/42/12522.md?p=1) shall be responsible for the following duties:
  - (1) Preparation of a national service plan for the [State](/usc/42/12522.md?p=1) 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](/usc/42/11851.md?p=8), using service and volunteerism as strategies to meet critical community needs, including service through [programs](/usc/42/12626.md?p=8) funded under the national service laws;
    - (B) covers a 3-year period, the beginning of which may be set by the [State](/usc/42/12522.md?p=1);
    - (C) is subject to approval by the chief executive officer of the [State](/usc/42/12522.md?p=1);
    - (D) includes measurable goals and outcomes for the [State](/usc/42/12522.md?p=1) national service [programs](/usc/42/12626.md?p=8) in the [State](/usc/42/12522.md?p=1) consistent with the performance levels for national service [programs](/usc/42/12626.md?p=8) as described in [section 12639(k) of this title](/usc/42/12639.md?p=k);
    - (E) ensures outreach to diverse community-based [agencies](/usc/42/8262.md?p=1) that serve underrepresented populations, through established networks and registries at the [State](/usc/42/12522.md?p=1) level, or through the development of such networks and registries;
    - (F) provides for effective coordination of funding applications submitted by the [State](/usc/42/12522.md?p=1) and other organizations within the [State](/usc/42/12522.md?p=1) under the national service laws;
    - (G) is updated annually, reflecting changes in [practices](/usc/42/17061.md?p=19) and policies that will improve the coordination and effectiveness of Federal, [State](/usc/42/12522.md?p=1), and local resources for service and volunteerism within the [State](/usc/42/12522.md?p=1);
    - (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](/usc/42/12522.md?p=1) Commission considers to be appropriate or as the [Corporation](/usc/42/2297h.md?p=2) may require.
  - (2) Preparation of the applications of the [State](/usc/42/12522.md?p=1) under [section 12582 of this title](/usc/42/12582.md) for financial assistance.
  - (3) Assistance in the preparation of the application of the [State educational agency](/usc/42/12522.md?p=2) for assistance under [section 12525 of this title](/usc/42/12525.md).
  - (4) Preparation of the application of the [State](/usc/42/12522.md?p=1) under [section 12582 of this title](/usc/42/12582.md) for the approval of service positions that include the national service educational award described in division D.
  - (5) Make recommendations to the [Corporation](/usc/42/2297h.md?p=2) with respect to priorities for [programs](/usc/42/12626.md?p=8) receiving assistance under the Domestic Volunteer Service Act of 1973 ([42 U.S.C. 4950](/usc/42/4950.md) et seq.).
  - (6) Make technical assistance available to enable applicants for assistance under [section 12571 of this title](/usc/42/12571.md)—
    - (A) to plan and implement service [programs](/usc/42/12626.md?p=8); 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](/usc/42/12653a.md)[^1] of this title.
  - (7) Assistance in the provision of health care and child care benefits under [section 12594 of this title](/usc/42/12594.md) to participants in national service [programs](/usc/42/12626.md?p=8) that receive assistance under [section 12571 of this title](/usc/42/12571.md).
  - (8) Development of a [State](/usc/42/12522.md?p=1) system for the recruitment and placement of participants in [programs](/usc/42/12626.md?p=8) that receive assistance under the national service laws and dissemination of information concerning national service [programs](/usc/42/12626.md?p=8) that receive such assistance or approved national service positions.
  - (9) Administration of the grant [program](/usc/42/12626.md?p=8) in support of national service [programs](/usc/42/12626.md?p=8) that is conducted by the [State](/usc/42/12522.md?p=1) using assistance provided to the [State](/usc/42/12522.md?p=1) under [section 12571 of this title](/usc/42/12571.md), including selection, oversight, and evaluation of grant recipients.
  - (10) Development of [projects](/usc/42/13641.md?p=2), training methods, curriculum materials, and other materials and activities related to national service [programs](/usc/42/12626.md?p=8) that receive assistance directly from the [Corporation](/usc/42/2297h.md?p=2) (to be made available in a case in which such a [program](/usc/42/12626.md?p=8) requests such a [project](/usc/42/13641.md?p=2), method, material, or activity) or from the [State](/usc/42/12522.md?p=1) using assistance provided under [section 12571 of this title](/usc/42/12571.md), for use by [programs](/usc/42/12626.md?p=8) that request such [projects](/usc/42/13641.md?p=2), methods, materials, and activities.
- (f) **Relief from administrative requirements—** Upon approval of a [State](/usc/42/12522.md?p=1) plan submitted under [subsection (e)(1)](#e-1), the Chief Executive Officer may waive for the [State](/usc/42/12522.md?p=1), or specify alternatives for the [State](/usc/42/12522.md?p=1) to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to [States](/usc/42/12522.md?p=1) under the national service laws, including those requirements identified by the [State](/usc/42/12522.md?p=1) as impeding the coordination and effectiveness of Federal, [State](/usc/42/12522.md?p=1), and local resources for service and volunteerism within the [State](/usc/42/12522.md?p=1).
- (g) **State service plan for adults age 55 or older—**
  - (1) **In general—** Notwithstanding any other provision of this section, to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a [State](/usc/42/12522.md?p=1) shall work with appropriate [State agencies](/usc/42/300s–3.md?p=12) and private entities to develop a comprehensive [State](/usc/42/12522.md?p=1) service plan for service by adults age 55 or older.
  - (2) **Matters included—** The [State](/usc/42/12522.md?p=1) 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](/usc/42/300s–3.md?p=12) (as defined in [section 3002 of this title](/usc/42/3002.md)) on—
      - (i) a marketing outreach plan to businesses; and
      - (ii) outreach to—
        - (I) [nonprofit](/usc/42/300s–3.md?p=3) organizations;
        - (II) the [State educational agency](/usc/42/12522.md?p=2);
        - (III) institutions of higher education; and
        - (IV) other [State agencies](/usc/42/300s–3.md?p=12);
    - (C) recommendations for civic engagement and multigenerational activities, such as—
      - (i) early childhood education and care, family literacy, and after school [programs](/usc/42/12626.md?p=8);
      - (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](/usc/42/12626.md?p=8) in the [State](/usc/42/12522.md?p=1).
  - (3) **Knowledge base—** The [State](/usc/42/12522.md?p=1) 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—** The [State](/usc/42/12522.md?p=1) service plan shall be made available to the public and be transmitted to the Chief Executive Officer.
- (h) **Activity ineligible for assistance—** A [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity may not directly carry out any national service [program](/usc/42/12626.md?p=8) that receives assistance under [section 12571 of this title](/usc/42/12571.md).
- (i) **Delegation—** Subject to such requirements as the [Corporation](/usc/42/2297h.md?p=2) may prescribe, a [State](/usc/42/12522.md?p=1) Commission may delegate nonpolicymaking duties to a [State agency](/usc/42/300s–3.md?p=12) or public or private [nonprofit](/usc/42/300s–3.md?p=3) organization.
- (j) **Approval of State Commission or alternative—**
  - (1) **Submission to Corporation—** The chief executive officer for a [State](/usc/42/12522.md?p=1) shall notify the [Corporation](/usc/42/2297h.md?p=2) of the establishment or designation of the [State](/usc/42/12522.md?p=1) Commission or use of an alternative administrative entity for the [State](/usc/42/12522.md?p=1). The notification shall include a description of—
    - (A) the composition and membership of the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity; and
    - (B) the authority of the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity regarding national service activities carried out by the [State](/usc/42/12522.md?p=1).
  - (2) **Approval of alternative administrative entity—** Any designation of a [State](/usc/42/12522.md?p=1) Commission or use of an alternative administrative entity to carry out the duties of a [State](/usc/42/12522.md?p=1) Commission shall be subject to the approval of the [Corporation](/usc/42/2297h.md?p=2), which shall not be unreasonably withheld. The [Corporation](/usc/42/2297h.md?p=2) shall approve an alternative administrative entity if such entity provides for individuals described in [paragraph (1)](#j-1), and some of the individuals described in [paragraph (2)](#c-2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a [State](/usc/42/12522.md?p=1) Commission, including the duties described in paragraphs [(1)](#e-1) through [(4)](#e-4) of subsection (e).
  - (3) **Rejection—** The [Corporation](/usc/42/2297h.md?p=2) may reject a [State](/usc/42/12522.md?p=1) Commission if the [Corporation](/usc/42/2297h.md?p=2) determines that the composition, membership, or duties of the [State](/usc/42/12522.md?p=1) Commission do not comply with the requirements of this section. The [Corporation](/usc/42/2297h.md?p=2) may reject a request to use an alternative administrative entity in lieu of a [State](/usc/42/12522.md?p=1) Commission if the [Corporation](/usc/42/2297h.md?p=2) determines that the entity does not provide for the individuals described in [paragraph (1)](#j-1), and some of the individuals described in [paragraph (2)](#c-2), of subsection (c) to play a significant policymaking role as described in [paragraph (2)](#j-2). If the [Corporation](/usc/42/2297h.md?p=2) rejects a [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity under this paragraph, the [Corporation](/usc/42/2297h.md?p=2) shall promptly notify the [State](/usc/42/12522.md?p=1) of the reasons for the rejection.
  - (4) **Resubmission and reconsideration—** The [Corporation](/usc/42/2297h.md?p=2) shall provide a [State](/usc/42/12522.md?p=1) notified under [paragraph (3)](#j-3) with a reasonable opportunity to revise the rejected [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity. At the request of the [State](/usc/42/12522.md?p=1), the [Corporation](/usc/42/2297h.md?p=2) shall provide technical assistance to the [State](/usc/42/12522.md?p=1) as part of the revision process. The [Corporation](/usc/42/2297h.md?p=2) shall promptly reconsider any resubmission of a notification under [paragraph (1)](#j-1) or application to use an alternative administrative entity under [paragraph (2)](#j-2).
  - (5) **Subsequent changes—** This subsection shall also apply to any change in the composition or duties of a [State](/usc/42/12522.md?p=1) Commission or an alternative administrative entity made after approval of the [State](/usc/42/12522.md?p=1) Commission or the alternative administrative entity.
  - (6) **Rights—** An alternative administrative entity approved by the [Corporation](/usc/42/2297h.md?p=2) under this subsection shall have the same rights as a [State](/usc/42/12522.md?p=1) Commission.
- (k) **Coordination—**
  - (1) **Coordination with other State agencies—** The [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity for a [State](/usc/42/12522.md?p=1) shall coordinate the activities of the Commission or entity under this chapter with the activities of other [State agencies](/usc/42/300s–3.md?p=12) that administer Federal financial assistance [programs](/usc/42/12626.md?p=8) under the Community Services Block Grant Act ([42 U.S.C. 9901](/usc/42/9901.md) et seq.) or other appropriate Federal financial assistance [programs](/usc/42/12626.md?p=8).
  - (2) **Coordination with volunteer service programs—**
    - (A) **In general—** The [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity for a [State](/usc/42/12522.md?p=1) shall coordinate functions of the Commission or entity (including recruitment, public awareness, and training activities) with such functions of any division of the [Corporation](/usc/42/2297h.md?p=2) that carries out volunteer service [programs](/usc/42/12626.md?p=8) in the [State](/usc/42/12522.md?p=1).
    - (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] 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](/usc/42/12522.md?p=1) Commission or alternative entity for a [State](/usc/42/12522.md?p=1), and the head of any such division, shall exchange information about—
      - (i) the [programs](/usc/42/12626.md?p=8) carried out in the [State](/usc/42/12522.md?p=1) 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)](#l-2-B), a [State](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) Commission or alternative administrative entity of the [State](/usc/42/12522.md?p=1), within the scope of the service of the member on the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity.
  - (2) **Other claims—**
    - (A) **In general—** A member of the [State](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) 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](/usc/42/12522.md?p=1) under applicable law, or against any person other than a member of the [State](/usc/42/12522.md?p=1) Commission or alternative administrative entity; or
    - (C) to limit or alter in any way the immunities that are available under applicable law for [State](/usc/42/12522.md?p=1) officials and employees not described in this subsection.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. The word “to” probably should not appear.

## Source credit

(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, 123 Stat. 1530.)

## Notes

### Editorial Notes

### 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, Nov. 16, 1990, 104 Stat. 3127, known as the National and Community Service Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables.

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, which is classified principally to chapter 66 (§ 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.

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), Apr. 21, 2009, 123 Stat. 1554. Provisions similar to section 12653a are now contained in section 12653o of this title.

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, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 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, § 178, Nov. 16, 1990, 104 Stat. 3164; Pub. L. 102–10, § 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, § 201(a).

### 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

### 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

Pub. L. 103–82, title II, § 201(c), Sept. 21, 1993, 107 Stat. 873, 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

Pub. L. 103–82, title II, § 201(d), Sept. 21, 1993, 107 Stat. 873, provided that: 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. 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].”