PUBLIC LAW 103-82—SEPT. 21, 1993 107 STAT. 809 "(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 484 of the Higher Education Act of 1965 (20 U.S.C. 1091); and "(6) is a citizen or national of the United States or lawful permanent resident aUen of the United States, ^(b) SPECIAL RULES FOR CERTAIN YOUTH PROGRAMS. —An individual shall be considered to be a participant in a vouth corps program described in section 122(a)(2) or a program described m section 122(a)(9) that is carried out with assistance provided under section 121(a) if the individual— "(1) satisfies the requirements specified in subsection (a), 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)(A) 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. "SEC. 138. SELECnON OF NATIONAL SERVICE PARTICIPANTS. 42 USC 12592. "(a) SELECTION PROCESS. — Subject to subsections (b) and (c) and section 131(f), the actual recruitment and selection of an individual to serve in a national service program receiving assistance under section 121 or to fill an approved national service position shall be conducted by the State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education. Federal agency, or other entity to which the assistance and approved national service positions are provided. "(b) NONDISCRIMINATION AND NONPOUTICAL SELECTION OF PARTICIPANTS.—The recruitment and selection of individuals to serve in national service programs receiving assistance under section 121 or to fill approved national service positions shall be consistent with the requirements of section 175. "(c) SECOND TERM.—Acceptance into a national service program to serve a second term of service under section 139 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 Volimteer Service Act of 1973 (42 U.S.C. 4951 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, emplojnxient service offices. State vocational 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
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