§ 12592. Selection of national service participants

Statutory text

Selection process

Subject to subsections (b) and (c) and section 12583(f) of this title, the actual recruitment and selection of an individual to serve in a national service program receiving assistance under section 12571 of this title or to fill an approved national service position shall be conducted by the entity to which the assistance and approved national service positions are provided.

Nondiscrimination and nonpolitical selection of participants

The recruitment and selection of individuals to serve in national service programs receiving assistance under section 12571 of this title or to fill approved national service positions shall be consistent with the requirements of section 12635 of this title.

Second term

Acceptance into a national service program to serve a second term of service under section 12593 of this title shall only be available to individuals who perform satisfactorily in their first term of service.

Recruitment and placement

The Corporation and each State Commission shall establish a system to recruit individuals who desire to perform national service and to assist the placement of these individuals in approved national service positions, which may include positions available under titles I and II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq. [and 5000 et seq.]). The Corporation and State Commissions shall disseminate information regarding available approved national service positions through cooperation with secondary schools, institutions of higher education, employment service offices, State vocational rehabilitation agencies within the meaning of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and other State agencies that primarily serve individuals with disabilities, and other appropriate entities, particularly those organizations that provide outreach to disadvantaged youths and youths who are individuals with disabilities.

National leadership pool

Selection and training

From among individuals recruited under subsection (d), the Corporation may select individuals with significant leadership potential, as determined by the Corporation, to receive special training to enhance their leadership ability. The leadership training shall be provided by the Corporation directly or through a grant or contract.

Emphasis on certain individuals

In selecting individuals to receive leadership training under this subsection, the Corporation shall make special efforts to select individuals who have served—

in the Peace Corps;

as VISTA volunteers;

as participants in national service programs receiving assistance under section 12571 of this title, particularly those who were considered, at the time of their service, disadvantaged youth;

as participants in programs receiving assistance under part D of this subchapter, as in effect on the day before September 21, 1993; or

as members of the Armed Forces of the United States and who were honorably discharged from such service.

Assignment

At the request of a program that receives assistance under the national service laws, the Corporation may assign an individual who receives leadership training under paragraph (1) to work with the program in a leadership position and carry out assignments not otherwise performed by regular participants. An individual assigned to a program shall be considered to be a participant of the program.

Evaluation of service

The Corporation shall issue regulations regarding the manner and criteria by which the service of a participant shall be evaluated to determine whether the service is satisfactory and successful for purposes of eligibility for a second term of service or a national service educational award.

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.

1993
National and Community Service Act of 1990
Pub. L. 101–610 title I § 138 · 104 Stat. 3127
Enacted · 42 U.S.C. § 12592
Pub. L. 101–610, title I, § 138, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 809
Source evidence
Code source credit
Pub. L. 101–610, title I, § 138, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 809
2009
Serve America Act
Pub. L. 111–13 § 1313(1) · 123 Stat. 1460
Substituted · 42 U.S.C. § 12592(a)
Pub. L. 111–13, § 1313(1), substituted “conducted by the entity” for “conducted by the State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, Federal agency, or other entity”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–13, § 1313(1), substituted “conducted by the entity” for “conducted by the State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, Federal agency, or other entity”.
Enacted provision · exact public law section
(1) in subsection (a), by striking “conducted by the State” and all that follows through “or other entity” and inserting “conducted by the entity”; 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.
2009
Serve America Act
Pub. L. 111–13 § 1313(2) · 123 Stat. 1460
Inserted · 42 U.S.C. § 12592(e)(2)(C)
Pub. L. 111–13, § 1313(2), inserted “, particularly those who were considered, at the time of their service, disadvantaged youth” before semicolon at end
Source evidence
Code amendment note
Subsec. (e)(2)(C). Pub. L. 111–13, § 1313(2), inserted “, particularly those who were considered, at the time of their service, disadvantaged youth” before semicolon at end.
Enacted provision · exact public law section
(2) in subsection (e)(2)(C), by inserting before the semicolon at the end the following: “, particularly those who were considered, at the time of their service, disadvantaged youth”.
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Domestic Volunteer Service Act of 1973, referred to in subsec. (d), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Titles I and II of the Act are classified generally to subchapters I (§ 4951 et seq.) and II (§ 5000 et seq.), respectively, of chapter 66 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.

The Rehabilitation Act of 1973, referred to in subsec. (d), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Part D of this subchapter, as in effect on the day before September 21, 1993, referred to in subsec. (e)(2)(D), means former part D of this subchapter prior to the general amendment of subtitle D of title I of Pub. L. 101–610 [former part D of this subchapter] by Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816.

Amendments

2009—Subsec. (a). Pub. L. 111–13, § 1313(1), substituted “conducted by the entity” for “conducted by the State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, Federal agency, or other entity”.

Subsec. (e)(2)(C). Pub. L. 111–13, § 1313(2), inserted “, particularly those who were considered, at the time of their service, disadvantaged youth” before semicolon at end.

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

Section effective Oct. 1, 1993, 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 · 2 acts

1993Pub. L. 101–610, title I, § 138, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 809
2009amended Pub. L. 111–13, title I, § 1313, Apr. 21, 2009, 123 Stat. 1510.

Show as published

(Pub. L. 101–610, title I, § 138, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 809; amended Pub. L. 111–13, title I, § 1313, Apr. 21, 2009, 123 Stat. 1510.)