42 U.S.C. § 12591
Section 12591 · Description of participants
Amended 3 times on record
Applied in 2 court decisions — leading case 552 F. App'x 782 - Self v. I Have a Dream Foundation-Colorado (2013)
Most recently applied in 552 F. App'x 782 - Self v. I Have a Dream Foundation-Colorado (December 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
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) of this section, 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.
The Corporation may waive the requirements of subsection (a)(4) 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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)”.
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.