§12591 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines who counts as a participant in a federally supported national service program. To be a participant, a person must meet the program’s task-related eligibility rules, be chosen for a position, be at least 17 years old when service starts, have a high school diploma or equivalent (or agree to get one unless the program waives that after an education check), and be a U.S. citizen, U.S. national, or lawful permanent resident. The diploma rule also allows a person enrolled in higher education on an “ability to benefit” basis and eligible under section 1091 of title 20. For youth corps programs, the same rules apply except the age rule: participants may be 16 through 25, inclusive, when service begins. The Corporation can waive the diploma requirement if the program’s independent evaluation shows the person cannot obtain a diploma or equivalent.

Title 42, §12591

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

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)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment 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.

§12591 Description of participants

Summary

Title 42, §12591

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata