
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12591]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
               Division C--National Service Trust Program
 
                 Part III--National Service Participants
 
Sec. 12591. 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 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) 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;
        (4) is 17 years of age or older at the time the individual 
    begins the term of service;
        (5) 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
        (6) 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)(2) of this title or a 
program described in section 12572(a)(9) 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) of 
    this section, except paragraph (4) 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)(5) of 
this section 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, Sec. 137, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 808; amended Pub. L. 103-304, 
Sec. 3(b)(3), Aug. 23, 1994, 108 Stat. 1567.)


                            Prior Provisions

    A prior section 12591, Pub. L. 101-610, title I, Sec. 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, 
Sec. 104(a).


                               Amendments

    1994--Subsec. (c). Pub. L. 103-304 substituted ``subsection (a)(5)'' 
for ``subsection (a)(5)(A)''.

                  Section Referred to in Other Sections

    This section is referred to in section 12602 of this title; title 16 
section 1723.
