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119th Congress

Title 42 — The Public Health and Welfare

Part III · Chapter 129 — National and Community Service

§ 12591. Description of participants

Statutory 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National and Community Service Act of 1990

    Pub. L. 101–610 title I § 137 · 104 Stat. 3127

    Enacted · 42 U.S.C. § 12591

    Pub. L. 101–610, title I, § 137, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 808

    Source evidence

    Code 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

  2. Pub. L. 103–304 § 3(b)(3) · 108 Stat. 1565

    Substituted · 42 U.S.C. § 12591(c)

    Pub. L. 103–304 substituted “subsection (a)(5)” for “subsection (a)(5)(A)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–304 substituted “subsection (a)(5)” for “subsection (a)(5)(A)”.

    Enacted provision · exact public law section
    (3) Description of national service participants.— Section 137(c) of the National and Community Service Act of 1990 (42 U.S.C. 12591(c)), as added by section 101(b) of the National and Community Service Trust Act of 1993 (Public Law 103–82; 107 Stat. 809), is amended by striking “subsection (a)(5)(A)” and inserting “subsection (a)(5)”.

  3. Serve America Act

    Pub. L. 111–13 § 1312(1) · 123 Stat. 1460

    1. Redesignated · 42 U.S.C. § 12591(a)(3)(6)

      Pub. L. 111–13, § 1312(1), redesignated pars. (4) to (6) as (3) to (5), respectively

    2. Struck · 42 U.S.C. § 12591(a)(3)(6)

      Pub. L. 111–13, § 1312(1), 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;”

    Source evidence

    Code amendment note
    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;”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;

    Effective date note
    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.

  4. Serve America Act

    Pub. L. 111–13 § 1312(2)(A) · 123 Stat. 1460

    Substituted · 42 U.S.C. § 12591(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “section 122(a)(2) or a program described in section 122(a)(9)” and inserting “section 122(a)(3)(B)(x)”; and

    Effective date note
    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.

  5. Serve America Act

    Pub. L. 111–13 § 1312(2)(B) · 123 Stat. 1460

    Substituted · 42 U.S.C. § 12591(b)(1)

    Pub. L. 111–13, § 1312(2)(B), substituted “paragraph (3)” for “paragraph (4)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–13, § 1312(2)(B), substituted “paragraph (3)” for “paragraph (4)”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “paragraph (4)” and inserting “paragraph (3)”; and

    Effective date note
    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.

  6. Serve America Act

    Pub. L. 111–13 § 1312(3) · 123 Stat. 1460

    Substituted · 42 U.S.C. § 12591(c)

    Pub. L. 111–13, § 1312(3), substituted “(a)(4)” for “(a)(5)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–13, § 1312(3), substituted “(a)(4)” for “(a)(5)”.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “(a)(5)” and inserting “(a)(4)”.

    Effective date note
    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.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 12591, Pub. L. 101–610, title I, § 155, , 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).

Amendments1994–2009 · 2 rounds

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)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

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

Effective Date

Section effective , see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation.

Credits

1993–2009 · 3 acts
  1. 1993Pub. L. 101–610, title I, § 137, as added Pub. L. 103–82, title I, § 101(b), , 107 Stat. 808
  2. 1994amended Pub. L. 103–304, § 3(b)(3), , 108 Stat. 1567
  3. 2009Pub. L. 111–13, title I, § 1312, , 123 Stat. 1509.
Show as published

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

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