PART 2550—REQUIREMENTS AND GENERAL PROVISIONS FOR STATE COMMISSIONS AND ALTERNATIVE ADMINISTRATIVE ENTITIES Authority: 42 U.S.C. 12638. Source: 58 FR 60981, Nov. 18, 1993, unless otherwise noted. § 2550.10 What is the purpose of this part? (a) The Corporation for National and Community Service (the Corporation) seeks to meet the Nation's pressing human, educational, environmental and public safety needs through service and to reinvigorate the ethic of civic responsibility across the Nation. If the Corporation is to meet these goals, it is critical for each of the States to be actively involved. (b) To be eligible to apply for program funding, or approved national service positions, each State must establish a State commission on national and community service to administer the State program grant making process and to develop a State plan. The Corporation may, in some instances, approve an alternative administrative entity (AAE). (c) The Corporation will distribute grants of between $125,000 and $750,000 to States to cover the Federal share of operating the State commissions or AAEs. (d) The purpose of this part is to provide States with the basic information essential to participate in the subtitle C programs. Of equal importance, this part gives an explanation of the preliminary steps States must take in order to receive money from the Corporation. This part also offers guidance on which of the two State entities States should seek to establish, and it explains the composition requirements, duties, responsibilities, restrictions, and other relevant information for State commissions and AAEs. [58 FR 60981, Nov. 18, 1993, as amended at 67 FR 45362, July 9, 2002; 70 FR 39607, July 8, 2005] § 2550.20 Definitions. (a) AAE. (b) Administrative costs. (c) Alternative Administrative Entity (AAE). (d) Approved National Service Position. (e) Corporation. (f) Corporation representative. (g) Indian tribe. (i) Any Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)), whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”; 48 Stat. 984, chapter 576; 25 U.S.C. 461 et seq. (ii) Any Regional Corporation or Village Corporation as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (g) or (j)), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians; and (2) Any tribal organization controlled, sanctioned, or chartered by an entity described in paragraph (g)(1) of this section. (h) Older adult. (i) Service-learning. (j) Service learning programs. (k) State. (l) State Commission. (m) State Educational Agency. (n) State entity. [58 FR 60981, Nov. 18, 1993, as amended at 67 FR 45362, July 9, 2002; 70 FR 39607, July 8, 2005] § 2550.30 How does a State decide whether to establish a State commission or an alternative administrative entity? (a) Although each State's chief executive officer has the authority to select an administrative option, the Corporation strongly encourages States to establish State Commissions which meet the requirements in this part as quickly as possible. The requirements for State Commissions were established to try to create informed and effective entities. (b) The Corporation recognizes that some States, for legal or other legitimate reasons, may not be able to meet all of the requirements of the State Commissions. The AAE is essentially the same as a State Commission; however, it may be exempt from some of the State Commission requirements. A State that cannot meet one of the waivable requirements of the State Commission (as explained in § 2550.60), and which can demonstrate this to the Corporation, should seek to establish an AAE. (c) Regardless of which entity a State employs, each State is required to solicit broad-based, local input in an open, inclusive, non-political planning process. [58 FR 60981, Nov. 18, 1993, as amended at 70 FR 39607, July 8, 2005] § 2550.40 How does a State obtain Corporation authorization and approval for the entity it has chosen? (a) To receive approval of a State Commission or AAE, a State must formally establish an entity that meets the corresponding composition, membership, authority, and duty requirements of this part. (For the AAE, a State must demonstrate why it is impossible or unreasonable to estalbish a State Commission; an approved AAE, however, has the same rights and responsibilities as a State Commission.) Once the entity is established, the State must provide written notice—in a format to be prescribed by the Corporation—to the chief executive officer of the Corporation of the composition, membership, and authorities of the State Commission or AAE and explain how the entity will perform its duties and functions. Further, the State must agree to, first, request approval from the Corporation for any subsequent changes in the composition or duties of a State Commission or AAE the State may wish to make, and, second, to comply with any future changes in Corporation requirements with regard to the composition or duties of a State Commission or AAE. If a State meets the applicable requirements, the Corporation will approve the State Commission or AAE. (b) If the Corporation rejects a State application for approval of a State Commission or AAE because that application does not meet one or more of the requirements of §§ 2250.50 or 2550.60, it will notify the State of the reasons for rejection and offer assistance to make any necessary changes. The Corporation will reconsider revised applications within 14 working days of resubmission. [58 FR 60981, Nov. 18, 1993, as amended at 70 FR 39607, July 8, 2005] § 2550.50 What are the composition requirements and other requirements, restrictions or guidelines for State Commissions? The following provisions apply to both State Commissions and AAEs, except that AAEs may obtain waivers from certain provisions as explained in § 2550.60. (a) Size of the State Commission and terms of State Commission members. (b) Required voting members on a State Commission. (1) A representative of a community-based agency or organization in the State; (2) The head of the State education agency or his or her designee; (3) A representative of local government in the State; (4) A representative of local labor organizations in the State; (5) A representative of business; (6) An individual between the ages of 16 and 25, inclusive, who is a participant or supervisor of a service program for school-age youth, or of a campus-based or national service program; (7) A representative of a national service program; (8) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth; (9) An individual with experience in promoting the involvement of older adults (age 55 and older) in service and volunteerism; and (10) A representative of the volunteer sector. (c) Appointment of other voting members of a State Commission. (1) Educators, including representatives from institutions of higher education and local education agencies; (2) Experts in the delivery of human, educational, environmental, or public safety services to communities and persons; (3) Representatives of Indian tribes; (4) Out-of-school or at-risk youth; and (5) Representatives of programs that are administered or receive assistance under the Domestic Volunteer Service Act of 1973, as amended (DVSA) (42 U.S.C. 4950 et seq. (d) Appointment of ex officio, non-voting members of a State Commission. (e) Other composition requirements. (f) Selection of Chairperson. (g) Vacancies. (h) Compensation of State Commission members. (i) The role of the Corporation representative. [58 FR 60981, Nov. 18, 1993, as amended at 73 FR 53762, Sept. 17, 2008; 74 FR 46507, Sept. 10, 2009; 74 FR 48866, Sept. 25, 2009] § 2550.60 From which of the State Commission requirements is an Alternative Administrative Entity exempt? (a) An AAE is not automatically exempt from any of the requirements that govern State Commissions. However, there are three specific State Commission requirements which the Corporation may waive if a State can demonstrate that one or more of them is impossible or unreasonable to meet. If the Corporation waives a State Commission requirement for a State entity, that State entity is, de facto, an AAE. The three criteria which may be waived for an AAE are as follows: (1) The requirement that a State's chief executive officer appoint the members of a State Commission. (2) The requirement that a State Commission have 15-25 members. (3) The requirement that not more than 50% plus one of the State Commission's voting members be from the same political party. (b) Again, any time the Corporation grants one or more of these waivers for a State entity, that entity becomes an AAE; in all other respects an AAE is the same as a State Commission, having the same requirements, rights, duties and responsibilities. § 2550.70 [Reserved] § 2550.80 What are the duties of the State entities? Both State commissions and AAEs have the same duties. This section lists the duties that apply to both State commissions and AAEs—collectively referred to as State entities. Functions described in paragraphs (e) through (j) of this section are non-policymaking and may be delegated to another State agency or nonprofit organization. The duties are as follows: (a) Development of a three-year, comprehensive national and community service plan and establishment of State priorities. (1) The plan must be developed through an open and public process (such as through regional forums or hearings) that provides for the maximum participation and input from a broad cross-section of individuals and organizations, including national service programs within the State, community-based agencies, organizations with a demonstrated record of providing educational, public safety, human, or environmental services, residents of the State, including youth and other prospective participants, State Educational Agencies, traditional service organizations, labor unions, and other interested members of the public. (2) The plan must ensure outreach to diverse, broad-based community organizations that serve underrepresented populations by creating State networks and registries or by utilizing existing ones. (3) The plan must set forth the State's goals, priorities, and strategies for promoting national and community service and strengthening its service infrastructure, including how Corporation-funded programs fit into the plan. (4) The plan may contain such other information as the State commission considers appropriate and must contain such other information as the Corporation may require. (5) The plan must ensure outreach to, and coordination with, municipalities and county governments regarding the national service laws. (6) The plan must provide for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws. (7) The plan must include measurable goals and outcomes for national service programs funded through the State consistent with the performance levels for national service programs. (8) The plan is subject to approval by the chief executive officer of the State. (9) The plan must be submitted, in its entirety, in summary, or in part, to the Corporation upon request. (b) Selection of subtitle C programs and preparation of application to the Corporation. (1) Prepare an application to the Corporation to receive funding or education awards for national service programs operating in and selected by the State. (2) Administer a competitive process to select national service programs for funding. The State is not required to select programs for funding prior to submission of the application described in paragraph (b)(1) of this section. (c) Preparation of Service Learning applications. (2) The State entity may apply to the Corporation to receive funding for community-based subtitle programs after coordination with the State Educational Agency. (d) Administration of the grants program. (e) Evaluation and monitoring. (f) Technical assistance. (g) Program development assistance and training. (h) Recruitment and placement. (i) Benefits. (j) Activity ineligible for assistance. (k) Make recommendations to the Corporation (l) Coordination Coordination with other State agencies. et seq. (2) Coordination with volunteer service programs. (3) In carrying out the activities under paragraphs (l)(1) and (2) of this section, the parties involved must exchange information about the programs carried out in the State by the State entity, a division of ACTION or the Corporation, as well as information about opportunities to coordinate activities. (m) Supplemental State Service Plan for Adults Age 55 or Older. et seq. (1) Include the following elements: (i) 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; (ii) Recommendations to the State agency on aging (as defined in section 102 of the Older Americans Act of 1965, 42 U.S.C. 3002) on a marketing outreach plan to businesses and outreach to nonprofit organizations, the State educational agency, institutions of higher education, and other State agencies; (iii) Recommendations for civic engagement and multigenerational activities, including early childhood education and care, family literacy, and other after school programs, respite services for adults age 55 or older and caregivers, and transitions for older adults age 55 or older to purposeful work in their post-career lives; (2) Incorporate the current knowledge base regarding— (i) The economic impact of the roles of workers age 55 or older in the economy; (ii) The social impact of the roles of such workers in the community; (iii) The health and social benefits of active engagement for adults age 55 or older; and (3) Be made available to the public and transmitted to the Corporation. [58 FR 60981, Nov. 18, 1993, as amended at 70 FR 39607, July 8, 2005; 73 FR 53762, Sept. 17, 2008; 74 FR 46507, Sept. 10, 2009; 74 FR 48866, Sept. 25, 2009; 75 FR 51415, Aug. 20, 2010] § 2550.85 How will the State Plan be assessed? The Corporation will assess the quality of your State Plan as evidenced by: (a) The development and quality of realistic goals and objectives for moving service ahead in the State; (b) The extent to which proposed strategies can reasonably be expected to accomplish stated goals; and (c) The extent of input in the development of the State plan from a broad cross-section of individuals and organizations as required by § 2550.80(a)(1). [73 FR 53762, Sept. 17, 2008] § 2550.90 Are there any restrictions on the activities of the members of State Commissions or Alternative Administrative Entities? To avoid a conflict of interest (or the appearance of a conflict of interest) regarding the provision of assistance or approved national service positions, members of a State Commission or AAE must adhere to the following provisions: (a) General restriction. (1) They cannot assist the applying organization in preparing the grant application; (2) They must recuse themselves from the discussions or decisions regarding the grant application and any other grant applications submitted to the Commission or AAE under the same program (e.g., subtitle B programs or subtitle C programs); and (3) They cannot participate in the oversight, evaluation, continuation, suspension or termination of the grant award. (b) Exception to achieve a quorum. (1) A Commission or AAE may randomly and in a non-discretionary manner select the number of refused members necessary to achieve a quorum; (2) Notwithstanding paragraph (b)(1) of this section, no Commission or AAE member may, under any circumstances, participate in any discussions or decisions regarding a grant application submitted by an organization with which he or she is or was affiliated according to the definitions in paragraph (a) of this section; and (3) If recused members are included so as to achieve quorum, the State Commission or AAE must document the event and report to the Corporation within 30 days of the vote. (c) Rule of construction. (1) Discussion of, and hearings and forums on, the general duties, policies and operations of the Commission or AAE, or general program administration; or (2) Similar general matters relating to the Commission or AAE. § 2550.100 Do State entities or their members incur any risk of liability? (a) State liability. (b) Individual liability. § 2550.110 What grants will be available from the Corporation to assist in establishing and operating a State Commission, Alternative Administrative Entity, or Transitional Entity? (a) Administrative Grants. (b) Limitation on Federal share. (c) Alternative Match Schedule. Grant amount Match requirement (1) First $100,000 No match requirement. (2) Amounts above $100,000 but less than $250,000 $1 of non-Federal funds for every $2 provided by the Corporation in excess of $100,000. (3) Amounts greater than $250,000 $1 of non-Federal funds for every $1 provided by the Corporation in excess of $250,000. [74 FR 46508, Sept. 10, 2009]