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42 U.S.C. § 12593 — Selection of national service participants

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12593 — Selection of national service participants

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Source file: Laws/federal/codes/united-states-code/title-42/section-12593-selection-of-national-service-participants--a476b2a062.md
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Source location: Title 42, Chapter 129, § 12593; chapter-129-national-and-community-service.md

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**(a) Selection process** Subject to subsections (b) and (c) and [section 12583(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12583/f&num=0&edition=prelim), the actual recruitment and selection of an individual to serve in a national service program receiving assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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. **(b) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) or to fill approved national service positions shall be consistent with the requirements of [section 12635 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12635&num=0&edition=prelim). **(c) Second term** Acceptance into a national service program to serve a second term of service under [section 12593 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12593&num=0&edition=prelim) shall only be available to individuals who perform satisfactorily in their first term of service. **(d) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4951&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) 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. **(e) National leadership pool** (1) **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. (2) **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— (A) in the Peace Corps; (B) as VISTA volunteers; (C) as participants in national service programs receiving assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim), particularly those who were considered, at the time of their service, disadvantaged youth; (D) as participants in programs receiving assistance under part D of this subchapter, as in effect on the day before September 21, 1993; or (E) as members of the Armed Forces of the United States and who were honorably discharged from such service. (3) **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. **(f) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4950 — Repealed. Pub. L. 103–82, title III, § 385, Sept. 21, 1993, 107 Stat. 915

### Statutory Notes Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter. Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects. Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects. Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services. Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter. Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants. Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants. Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1701 — Congressional declaration of policy and purpose

The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation’s environment and heritage equal to one full academic year of study, it is accordingly the purpose of this subchapter to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America’s youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4951 — Volunteerism policy

**(a)** Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of individuals of all ages and backgrounds. **(b)** The purpose of this chapter is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, the Corporation for National and Community Service shall utilize to the fullest extent the programs authorized under this chapter, coordinate with other Federal, State, and local agencies, expand relationships with, and support for, the efforts of civic, community, and educational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12571 — Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018

### Statutory Notes Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on the impact of the activities carried out under this division.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12635 — Prohibition on use of funds

**(a) Prohibited uses** No assistance made available under a grant under this subchapter shall be used to provide religious instruction, conduct worship services, or engage in any form of proselytization. **(b) Political activity** Assistance provided under this subchapter shall not be used by program participants and program staff to— (1) assist, promote, or deter union organizing; or (2) finance, directly or indirectly, any activity designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office. **(c) Contracts or collective bargaining agreements** A program that receives assistance under this subchapter shall not impair existing contracts for services or collective bargaining agreements. **(d) Referrals for Federal assistance** A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12592 — Description of participants

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572/a/3/B/x&num=0&edition=prelim) that is carried out with assistance provided under [section 12571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571/a&num=0&edition=prelim) if

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12592

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12632 — Family and medical leave

**(a) Participants in private, State, and local projects** For purposes of title I of the Family and Medical Leave Act of 1993 [[29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.], if— (1) a participant has provided service for the period required by section 101(2)(A)(i) ([29 U.S.C. 2611(2)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611/2/A/i&num=0&edition=prelim)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project authorized under the national service laws; and (2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5), the participant shall be considered to be an eligible employee of the service sponsor. **(b) Participants in Federal projects** For purposes of subchapter V of chapter 63 of title 5, if— (1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and (2) the service sponsor of the project is an employing agency within the meaning of such subchapter, the participant shall be considered to be an employee of the service sponsor. **(c) Treatment of absence** The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [[29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the completion of the term of service of the participant under [section 12593 of this title](https://uscode

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12632

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12593 — Terms of service

Page 8340 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12593 1 So in original. Probably should be ‘‘originally-agreed-to’’. Part D of this subchapter, as in effect on the day be- fore 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 Amend- ment note under section 1701 of Title 16, Conservation. § 12593. Terms of service (a) In general As a condition of receiving a national service education award under division D, a participant in an approved national service position shall be required to perform full- or part-time national service for at least one term of service specified in subsection (b). (b) Term of service (1) Full-time service An individual performing full-time national service in an approved national service posi- tion shall agree to participa

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12593

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