42 USC 12638 - State Commissions on National and Community Service

1 See References in Text note below.

of this title.

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

assign responsibility for such a function to the Commission or entity; or

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (k)(1), was in the original “this Act”, meaning Puspan. 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 Puspan. 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 Puspan. L. 101–610, as added by section 104(c) of Puspan. L. 103–82, which was repealed, and section 198B was redesignated section 198A, by Puspan. L. 111–13, title I, § 1803(a)(1), (span), 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 Puspan. 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, Puspan. L. 101–610, title I, § 178, Nov. 16, 1990, 104 Stat. 3164; Puspan. 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 Puspan. L. 103–82, § 201(a).

Amendments

2009—Subsec. (a)(2). Puspan. L. 111–13, § 1606(1), substituted “section 12582” for “sections 12543 and 12582”.

Subsec. (c)(1)(I). Puspan. L. 111–13, § 1606(2)(A), substituted “subsection (a), (span), 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). Puspan. L. 111–13, § 1606(2)(B), added subpar. (J).

Subsec. (c)(3). Puspan. 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). Puspan. L. 111–13, § 1606(4), substituted “section 12651d(span)(12)” for “section 12651d(span)(11)”.

Subsec. (e)(1). Puspan. 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). Puspan. L. 111–13, § 1606(5)(B), substituted “section 12582” for “sections 12543 and 12582”.

Subsecs. (f) to (l). Puspan. 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). Puspan. 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 Puspan. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Puspan. 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 Puspan. L. 103–82 effective Apr. 4, 1994, see section 406(span) of Puspan. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

Effective Date

Puspan. 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

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