2016 US Code
Title 42 - The Public Health and Welfare
Chapter 129 - National and Community Service
Subchapter I - National and Community Service State Grant Program
Division C - National Service Trust Program
Part III - National Service Participants
Sec. 12591 - Description of participants

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Citation 42 U.S.C. § 12591 (2016)
Section Name §12591. Description of participants
Section Text (a) In general

For purposes of this division, an individual shall be considered to be a participant in a national service program carried out using assistance provided under section 12571 of this title if the individual—

(1) meets such eligibility requirements, directly related to the tasks to be accomplished, as may be established by the program;

(2) is selected by the program to serve in a position with the program;

(3) is 17 years of age or older at the time the individual begins the term of service;

(4) has received a high school diploma or its equivalent, agrees to obtain a high school diploma or its equivalent (unless this requirement is waived based on an individual education assessment conducted by the program) and the individual did not drop out of an elementary or secondary school to enroll in the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under section 1091 of title 20; and

(5) is a citizen or national of the United States or lawful permanent resident alien of the United States.

(b) Special rules for certain youth programs

An individual shall be considered to be a participant in a youth corps program described in section 12572(a)(3)(B)(x) of this title that is carried out with assistance provided under section 12571(a) of this title if the individual—

(1) satisfies the requirements specified in subsection (a), except paragraph (3) of such subsection; and

(2) is between the ages of 16 and 25, inclusive, at the time the individual begins the term of service.

(c) Waiver

The Corporation may waive the requirements of subsection (a)(4) with respect to an individual if the program in which the individual seeks to become a participant conducts an independent evaluation demonstrating that the individual is incapable of obtaining a high school diploma or its equivalent.

Source Credit

(Pub. L. 101–610, title I, §137, as added Pub. L. 103–82, title I, §101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L. 103–304, §3(b)(3), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, §1312, Apr. 21, 2009, 123 Stat. 1509.)

Editorial Notes PRIOR PROVISIONS

A prior section 12591, Pub. L. 101–610, title I, §155, Nov. 16, 1990, 104 Stat. 3156, related to limitation on grants for innovative and demonstration programs and projects, prior to repeal by Pub. L. 103–82, §104(a).

AMENDMENTS

2009—Subsec. (a)(3) to (6). Pub. L. 111–13, §1312(1), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3), which read as follows: "will serve in the program for a term of service specified in section 12593 of this title to be performed before, during, or after attendance at an institution of higher education;".

Subsec. (b). Pub. L. 111–13, §1312(2)(A), substituted "section 12572(a)(3)(B)(x)" for "section 12572(a)(2) of this title or a program described in section 12572(a)(9)" in introductory provisions.

Subsec. (b)(1). Pub. L. 111–13, §1312(2)(B), substituted "paragraph (3)" for "paragraph (4)".

Subsec. (c). Pub. L. 111–13, §1312(3), substituted "(a)(4)" for "(a)(5)".

1994—Subsec. (c). Pub. L. 103–304 substituted "subsection (a)(5)" for "subsection (a)(5)(A)".

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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 129 - NATIONAL AND COMMUNITY SERVICE
SUBCHAPTER I - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
Division C - National Service Trust Program
Part III - National Service Participants
Sec. 12591 - Description of participants
Contains section 12591
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 104 Stat. 3156
107 Stat. 808
108 Stat. 1567
123 Stat. 1509
Public Law References Public Law 101-610, Public Law 103-82, Public Law 103-304, Public Law 111-13
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