42 U.S.C. § 12595 — National service educational awards

Page 8342 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12595 care policy may be substituted for the basic health care policy, and mechanisms to pro- hibit participants from dropping existing cov- erage. (2) Option A State or other recipient of assistance under section 12571 of this title may elect to provide from its own funds or make available a health care policy for participants that does not meet all of the standards established by the Corporation if the fair market value of such policy is equal to or greater than the fair market value of a plan that meets the min- imum standards established by the Corpora- tion, and is consistent with other applicable laws. (e) Child care (1) Availability A State or other recipient of assistance under section 12571 of this title shall— (A) make child care available for children of each full-time participant who needs child care in order to participate in a national service program carried out or supported by the recipient using the assistance; or (B) provide a child care allowance to each full-time participant in a national service program who needs such assistance in order to participate in the program. (2) Guidelines The Corporation shall establish guidelines regarding the circumstances under which child care shall be made available under this sub- section and the value of any allowance to be provided. (f) Individualized support services A State or other recipient of assistance under section 12571 of this title shall provide reason- able accommodation, including auxiliary aids and services (as defined in section 12102(1) 1 of this title), based on the individualized need of a participant who is a qualified individual with a disability (as defined in section 12111(8) of this title). (Pub. L. 101–610, title I, § 140, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 811; amended Pub. L. 111–13, title I, § 1315, Apr. 21, 2009, 123 Stat. 1511.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- sec. (a)(3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part C of title IV of the Act was formerly classified generally to part C (§ 2751 et seq.) of subchapter I of chapter 34 of this title prior to transfer to part C (§ 1087–51 et seq.) of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Section 12102 of this title, referred to in subsec. (f), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, no longer de- fines ‘‘auxiliary aids and services’’. However, such term is defined in section 12103(1) of this title. PRIOR PROVISIONS A prior section 140 of Pub. L. 101–610 was set out as a note under section 12501 of this title, prior to the gen- eral amendment of subtitle D of title I of Pub. L. 101–610 [former part D of this subchapter] by Pub. L. 103–82, § 102(a). AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–13, § 1315(1)(A), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (3)’’. Subsec. (a)(2), (3). Pub. L. 111–13, § 1315(1)(B)–(D), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2). Text of former par. (2) read as follows: ‘‘The amount of the annual living allowance provided under paragraph (1) that may be paid using as- sistance provided under section 12571 of this title and using any other Federal funds shall not exceed 85 per- cent of the total average annual provided to VISTA volunteers under section 4955 of this title.’’ Subsec. (a)(4). Pub. L. 111–13, § 1315(1)(E), substituted ‘‘a term of service that is less than 12 months’’ for ‘‘a reduced term of service under section 12593(b)(3) of this title’’. Subsec. (b). Pub. L. 111–13, § 1315(2), substituted ‘‘may be used to pay the taxes described in this subsection.’’ for ‘‘shall include an amount sufficient to cover 85 per- cent of such taxes based upon the lesser of— ‘‘(1) the total average annual subsistence allowance provided to VISTA volunteers under section 4955 of this title; and ‘‘(2) the annual living allowance established by the program.’’ Subsec. (c). Pub. L. 111–13, § 1315(3), substituted ‘‘sec- tion 12572(c)(1)(D)’’ for ‘‘section 12572(a)(8)’’ and ‘‘sub- section (a)(2)’’ for ‘‘subsection (a)(3) of this section’’ in introductory provisions, redesignated par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘the applicant shall apply for such assistance only by sub- mitting an application to the Corporation for assist- ance on a competitive basis; and’’. Subsec. (d)(1). Pub. L. 111–13, § 1315(4)(A), substituted ‘‘shall provide or make available’’ for ‘‘shall provide’’ and struck out second sentence which read as follows: ‘‘Not more than 85 percent of the cost of a premium shall be provided by the Corporation, with the remain- ing cost paid by the entity receiving assistance under section 12571 of this title.’’ Subsec. (d)(2). Pub. L. 111–13, § 1315(4)(B), substituted ‘‘provide from its own funds or make available’’ for ‘‘provide from its own funds’’. Subsecs. (g), (h). Pub. L. 111–13, § 1315(5), struck out subsecs. (g) and (h) which allowed waiver in whole or in part of limitation on Federal share and limited number of terms of service for federally subsidized living allow- ance, respectively. 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. § 12595. National service educational awards (a) Eligibility generally A participant in a national service program carried out using assistance provided to an ap- plicant under section 12571 of this title shall be eligible for the national service educational award described in division D if the partici- pant— (1) serves in an approved national service po- sition; and (2) satisfies the eligibility requirements specified in section 12602 of this title with re- Page 8343 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12601 spect to service in that approved national service position. (b) Special rule for VISTA volunteers A VISTA volunteer who serves in an approved national service position shall be ineligible for a national service educational award if the VISTA volunteer accepts the stipend authorized under section 4955(a)(1) of this title. (Pub. L. 101–610, title I, § 141, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 814.) Editorial Notes PRIOR PROVISIONS A prior section 141 of Pub. L. 101–610 was classified to section 12571 of this title prior to the general amend- ment of subtitle D of title I of Pub. L. 101–610 [former part D of this subchapter] by Pub. L. 103–82, § 102(a). Statutory Notes and Related Subsidiaries 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. Division D—National Service Trust and Provision of Educational Awards Editorial Notes CODIFICATION Subtitle D of title I of Pub. L. 101–610, comprising this division, was formerly classified to part D (§ 12571 et seq.) of this subchapter prior to the general amendment by Pub. L. 103–82, § 102(a). Pub. L. 111–13, title I, § 1401(a), Apr. 21, 2009, 123 Stat. 1512, amended div. heading generally. § 12601. Establishment of the National Service Trust (a) Establishment There is established in the Treasury of the United States an account to be known as the National Service Trust. The Trust shall consist of— (1) from the amounts appropriated to the Corporation and made available to carry out this division, such amounts as the Corporation may designate to be available for the payment of— (A) national service educational awards, summer of service educational awards, and silver scholar educational awards; and (B) interest expenses pursuant to section 12604(e) of this title; (2) any amounts received by the Corporation as gifts, bequests, devises, or otherwise pursu- ant to section 12651g(a)(2) of this title, if the terms of such donations direct that the do- nated amounts be deposited in the National Service Trust; (3) any amounts recovered by the Corpora- tion pursuant to section 12602a of this title; and (4) the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust. (b) Investment of Trust It shall be the duty of the Secretary of the Treasury to invest in full the amounts appro- priated to the Trust. Except as otherwise ex- pressly provided in instruments concerning a gift, bequest, devise, or other donation and agreed to by the Corporation, such investments may be made only in interest-bearing obliga- tions of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obli- gations may be acquired on original issue at the issue price or by purchase of outstanding obliga- tions at the market price. Any obligation ac- quired by the Trust may be sold by the Sec- retary at the market price. (c) Expenditures from Trust Amounts in the Trust shall be available, to the extent provided for in advance by appropria- tion, for— (1) payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in ac- cordance with section 12604 of this title; and (2) payments of interest in accordance with section 12604(e) of this title. (d) Reports to the authorizing committees on re- ceipts and expenditures Not later than March 1 of each year, the Cor- poration shall submit a report to the author- izing committees on the financial status of the Trust during the preceding fiscal year. Such re- port shall— (1) specify the amount deposited to the Trust from the most recent appropriation to the Corporation, the amount received by the Cor- poration as gifts, bequests, devises, or other- wise pursuant to section 12651g(a)(2) of this title during the period covered by the report, and any amounts obtained by the Trust pursu- ant to subsection (a)(3); (2) identify the number of individuals who are currently performing service to qualify, or have qualified, for national service edu- cational awards, summer of service edu- cational awards, or silver scholar awards; (3) identify the number of individuals whose expectation to receive national service edu- cational awards, summer of service edu- cational awards, or silver scholar awards dur- ing the period covered by the report— (A) has been reduced pursuant to section 12603(c) of this title; or (B) has lapsed pursuant to section 12602(d) of this title; and (4) estimate the number of additional ap- proved national service positions, additional approved summer of service positions, and ad- ditional approved silver scholar positions that the Corporation will be able to make available on the basis of any accumulated surplus in the Trust above the amount required to provide national service educational awards, summer of service educational awards, or silver scholar awards to individuals identified under para- graph (2), including any amounts available as a result of the circumstances referred to in paragraph (3). (Pub. L. 101–610, title I, § 145, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816; amended Pub. L. 111–13, title I, § 1401(b), Apr. 21, 2009, 123 Stat. 1512.)