42 U.S.C. § 12601 — Establishment of the National Service

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.) Page 8344 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12601a Editorial Notes PRIOR PROVISIONS A prior section 12601, Pub. L. 101–610, title I, § 156, Nov. 16, 1990, 104 Stat. 3156, related to authority of Commission on National and Community Service to make grants to States or Indian tribes for creation of innovative volunteer and community service programs, prior to repeal by Pub. L. 103–82, § 104(a). A prior section 145 of Pub. L. 101–610 was classified to section 12575 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). AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–13, § 1401(b)(1)(A)(i), struck out ‘‘pursuant to section 12681(a)(2) of this title’’ after ‘‘carry out this division’’ in introductory provi- sions. Subsec. (a)(1)(A). Pub. L. 111–13, § 1401(b)(1)(A)(ii), in- serted ‘‘, summer of service educational awards, and silver scholar educational awards’’ after ‘‘national service educational awards’’. Subsec. (a)(2). Pub. L. 111–13, § 1401(b)(1)(B)(i), sub- stituted ‘‘pursuant to section 12651g(a)(2) of this title, if the terms of such donations direct that the donated amounts be deposited in the National Service Trust’’ for ‘‘pursuant to section 12651g(a)(2) of this title’’. Subsec. (a)(3), (4). Pub. L. 111–13, § 1401(b)(1)(B)(ii)–(D), added par. (3) and redesignated former par. (3) as (4). Subsec. (c). Pub. L. 111–13, § 1401(b)(2), substituted ‘‘for—’’ for ‘‘for payments of national service edu- cational awards in accordance with section 12604 of this title.’’ and added pars. (1) and (2). Subsec. (d). Pub. L. 111–13, § 1401(b)(3)(A), (B), sub- stituted ‘‘the authorizing committees’’ for ‘‘Congress’’ in heading and ‘‘the authorizing committees’’ for ‘‘the Congress’’ in introductory provisions. Subsec. (d)(2), (3). Pub. L. 111–13, § 1401(b)(3)(C), in- serted ‘‘, summer of service educational awards, or sil- ver scholar awards’’ after ‘‘national service educational awards’’. Subsec. (d)(4). Pub. L. 111–13, § 1401(b)(3)(C), (D), in- serted ‘‘, additional approved summer of service posi- tions, and additional approved silver scholar positions’’ after ‘‘additional approved national service positions’’, struck out ‘‘under division C of this subchapter’’ after ‘‘make available’’, and inserted ‘‘, summer of service educational awards, or silver scholar awards’’ after ‘‘national service educational awards’’. 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. SEGAL AMERICORPS EDUCATION AWARD Pub. L. 109–234, title VII, § 7014, June 15, 2006, 120 Stat. 484, provided that: ‘‘Any national service educational award described in subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.), made with funds appropriated to, funds trans- ferred to, or interest accumulated in the National Serv- ice Trust, shall hereafter be known as a ‘Segal AmeriCorps Education Award’.’’ § 12601a. Transfer of funds; notice to Congress For fiscal year 2009 and thereafter, in addition to amounts otherwise provided to the National Service Trust, at no later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made avail- able, unobligated balances of appropriations available for grants under the National Service Trust Program under subtitle C of title I of the 1990 Act [42 U.S.C. 12571 et seq.] during such fis- cal year may be transferred to the National Service Trust after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate, if such funds are initially obligated before the expiration of their period of availability. (Pub. L. 111–8, div. F, title IV, § 409, Mar. 11, 2009, 123 Stat. 796.) Editorial Notes REFERENCES IN TEXT The 1990 Act, referred to in text, is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, known as the National and Community Service Act of 1990. Subtitle C of title I of the Act is classified generally to division C (§ 12571 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the National and Community Service Act of 1990 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 110–161, div. G, title IV, Dec. 26, 2007, 121 Stat. 2200. § 12602. Individuals eligible to receive an edu- cational award from the Trust (a) Eligible individuals An individual shall receive a national service educational award, summer of service edu- cational award, or silver scholar educational award from the National Service Trust if the or- ganization responsible for the individual’s super- vision in a national service program certifies that the individual— (1) met the applicable eligibility require- ments for the approved national service posi- tion, approved silver scholar position, or ap- proved summer of service position, as appro- priate, in which the individual served; (2)(A) for a full-time or part-time national service educational award, successfully com- pleted the required term of service described in subsection (b)(1) in the approved national service position; (B) for a partial educational award in ac- cordance with section 12593(c) of this title— (i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such section; and (ii) completed at least 15 percent of the re- quired term of service described in sub- section (b) for the approved national service position; (C) for a summer of service educational award, successfully completed the required