42 U.S.C. § 12591 | Description of participants

(a)

In general

section 12571 of this titleFor purposes of this division, an individual shall be considered to be a participant in a national service program carried out using assistance provided under 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)

section 1091 of title 20 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 ; 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

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

Pub. L. 101–610, title I, § 137 Pub. L. 103–82, title I, § 101(b)Sept. 21, 1993107 Stat. 808 Pub. L. 103–304, § 3(b)(3)Aug. 23, 1994108 Stat. 1567 Pub. L. 111–13, title I, § 1312Apr. 21, 2009123 Stat. 1509 (, as added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 101–610, title I, § 155Nov. 16, 1990104 Stat. 3156 Pub. L. 103–82, § 104(a)A prior section 12591, , , , related to limitation on grants for innovative and demonstration programs and projects, prior to repeal by .

Amendments

Pub. L. 111–13, § 1312(1)section 12593 of this title2009—Subsec. (a)(3) to (6). , 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 to be performed before, during, or after attendance at an institution of higher education;”.

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

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

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

Pub. L. 103–3041994—Subsec. (c). substituted “subsection (a)(5)” for “subsection (a)(5)(A)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–13Oct. 1, 2009section 6101(a) of Pub. L. 111–13 section 4950 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Oct. 1, 1993section 123 of Pub. L. 103–82 section 1701 of Title 16Section effective , see , set out as an Effective Date of 1993 Amendment note under , Conservation.