42 U.S.C. § 12592 — Selection of national service participants

Page 8339 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12592 section 12593 of this title to be performed before, dur- ing, or after attendance at an institution of higher edu- cation;’’. 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 ‘‘sub- section (a)(5)’’ for ‘‘subsection (a)(5)(A)’’. 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. § 12592. Selection of national service participants (a) 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 sec- tion 12571 of this title or to fill an approved na- tional service position shall be conducted by the entity to which the assistance and approved na- tional 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 or to fill approved national service positions shall be consistent with the requirements of section 12635 of this title. (c) 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 indi- viduals 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 ap- proved national service positions, which may in- clude 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 Cor- poration and State Commissions shall dissemi- nate information regarding available approved national service positions through cooperation with secondary schools, institutions of higher education, employment service offices, State vo- cational 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 or- ganizations that provide outreach to disadvan- taged 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 in- dividuals with significant leadership potential, as determined by the Corporation, to receive special training to enhance their leadership ability. The leadership training shall be pro- vided 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 Corpora- tion shall make special efforts to select indi- viduals who have served— (A) in the Peace Corps; (B) as VISTA volunteers; (C) as participants in national service pro- grams receiving assistance under section 12571 of this title, 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 dis- charged from such service. (3) Assignment At the request of a program that receives as- sistance under the national service laws, the Corporation may assign an individual who re- ceives leadership training under paragraph (1) to work with the program in a leadership posi- tion and carry out assignments not otherwise performed by regular participants. An indi- vidual assigned to a program shall be consid- ered to be a participant of the program. (f) Evaluation of service The Corporation shall issue regulations re- garding the manner and criteria by which the service of a participant shall be evaluated to de- termine whether the service is satisfactory and successful for purposes of eligibility for a second term of service or a national service educational award. (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.) 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.), re- spectively, 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. 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 participate in the program sponsoring the position for not less than 1,700 hours during a period of not more than 1 year. (2) Part-time service Except as provided in paragraph (3), an indi- vidual performing part-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 900 hours during a period of not more than 2 years. (3) Reduction in hours of part-time service The Corporation may reduce the number of hours required to be served to successfully complete part-time national service to a level determined by the Corporation, except that any reduction in the required term of service shall include a corresponding reduction in the amount of any national service educational award that may be available under division D with regard to that service. (4) Extension of term for disaster purposes (A) Extension An individual in an approved national service position performing service directly related to disaster relief efforts may con- tinue in a term of service for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or section 12613(d) of this title or in section 4954 of this title. (B) Single term of service A period of service performed by an indi- vidual in an originally-agreed to 1 term of service and service performed under this paragraph shall constitute a single term of service for purposes of subsections (b)(1) and (c) of section 12602 of this title. (C) Benefits An individual performing service under this paragraph may continue to receive a living allowance and other benefits under section 12594 of this title but may not re- ceive an additional national service edu- cational award under section 12595 of this title. (c) Release from completing term of service (1) Release authorized A recipient of assistance under section 12571 of this title or a program sponsoring an ap- proved national service position may release a participant from completing a term of service in the position— (A) for compelling personal circumstances as determined by the organization respon- sible for granting the release, if the partici- pant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service; or (B) for cause. (2) Effect of release for compelling cir- cumstances If a participant eligible for release under paragraph (1)(A) is serving in an approved na- tional service position, the recipient of assist- ance under section 12571 of this title or a pro- gram sponsoring an approved national service position may elect— (A) to grant such release and certify the participant’s eligibility for that portion of the national service educational award cor- responding to the portion of the term of service actually completed, as provided in section 12603(c) of this title; or (B) to permit the participant to tempo- rarily suspend performance of the term of service for a period of up to 2 years (and such additional period as the Corporation may allow for extenuating circumstances) and, upon completion of such period, to complete the remainder of the term of service and ob- tain the entire national service educational award. (3) Effect of release for cause A participant released for cause may not re- ceive any portion of the national service edu- cational award. (Pub. L. 101–610, title I, § 139, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 810; amended Pub. L. 111–13, title I, § 1314, Apr. 21, 2009, 123 Stat. 1510.)