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

Page 8338 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12591 tion 12582 of this title for funds described in section 12581(e) of this title, the Corporation shall promptly notify the State Commission of the reasons for the rejection of the applica- tion. (2) Resubmission and reconsideration The Corporation shall provide a State Com- mission notified under paragraph (1) with a reasonable opportunity to revise and resubmit the application. At the request of the State Commission, the Corporation shall provide technical assistance to the State Commission as part of the resubmission process. The Cor- poration shall promptly reconsider an applica- tion resubmitted under this paragraph. (3) Reallotment The amount of any State’s allotment under section 12581(e) of this title for a fiscal year that the Corporation determines will not be provided for that fiscal year shall be available for distribution by the Corporation as pro- vided in section 12581(f) of this title. (Pub. L. 101–610, title I, § 133, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 805; amended Pub. L. 111–13, title I, § 1311, Apr. 21, 2009, 123 Stat. 1509.) Editorial Notes PRIOR PROVISIONS A prior section 133 of Pub. L. 101–610 was renumbered section 199K and is classified to section 12655l of this title. AMENDMENTS 2009—Subsec. (b)(2)(B). Pub. L. 111–13, § 1311(1), struck out ‘‘jobs or’’ before ‘‘positions’’. Subsec. (d)(2). Pub. L. 111–13, § 1311(2)(A)(i), sub- stituted ‘‘subsection (a), (b), or (c) of section 12572’’ for ‘‘section 12572(a)’’ and ‘‘section 12581(d)’’ for ‘‘section 12581(d)(2)’’ in introductory provisions. Subsec. (d)(2)(A) to (G). Pub. L. 111–13, § 1311(2)(A)(ii), added subpars. (A) to (C) and struck out former sub- pars. (A) to (G), which set forth programs the Corpora- tion could include in designating national service pro- grams to receive priority. Subsec. (d)(3). Pub. L. 111–13, § 1311(2)(B), substituted ‘‘section 12581(d)’’ for ‘‘section 12581(d)(2)’’ in introduc- tory provisions. Subsec. (e). Pub. L. 111–13, § 1311(3), substituted ‘‘sub- sections (d) and (e) of section 12581’’ for ‘‘subsections (a) and (d)(1) of section 12581’’ in introductory provisions. Subsec. (f). Pub. L. 111–13, § 1311(6), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 111–13, § 1311(4)(A), substituted ‘‘section 12581(e)’’ for ‘‘section 12581(a)(1)’’. Subsec. (f)(3). Pub. L. 111–13, § 1311(4)(B), substituted ‘‘section 12581(e)’’ for ‘‘section 12581(a)’’ and ‘‘section 12581(f) of this title’’ for ‘‘paragraph (3) of such sub- section’’. Subsec. (g). Pub. L. 111–13, § 1311(5), redesignated sub- sec. (f) as (g). 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. PART III—NATIONAL SERVICE PARTICIPANTS § 12591. Description of participants (a) In general For purposes of this division, an individual shall be considered to be a participant in a na- tional service program carried out using assist- ance provided under section 12571 of this title if the individual— (1) meets such eligibility requirements, di- rectly 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 di- ploma or its equivalent (unless this require- ment is waived based on an individual edu- cation assessment conducted by the program) and the individual did not drop out of an ele- mentary 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 sec- tion 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) Special rules for certain youth programs An individual shall be considered to be a par- ticipant in a youth corps program described in section 12572(a)(3)(B)(x) of this title that is car- ried 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) 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, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L. 103–304, § 3(b)(3), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1312, Apr. 21, 2009, 123 Stat. 1509.) 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), re- designated 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 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.