42 U.S.C. § 12602 — Individuals eligible to receive an edu-

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 Page 8345 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12602 term of service described in subsection (b)(2) in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with section 12592(f) of this title; or (D) for a silver scholar educational award, successfully completed the required term of service described in subsection (b)(3) in an ap- proved silver scholar position, as certified through a process determined by the Corpora- tion through regulations consistent with sec- tion 12592(f) of this title; and (3) is a citizen or national of the United States or lawful permanent resident alien of the United States. (b) Term of service (1) Approved national service position The term of service for an approved national service position shall not be less than the full- or part-time term of service specified in sec- tion 12593(b) of this title. (2) Approved summer of service position The term of service for an approved summer of service position shall not be less than 100 hours of service during the summer months. (3) Approved silver scholar position The term of service for an approved silver scholar position shall be not less than 350 hours during a 1-year period. (c) Limitation on receipt of national service edu- cational awards An individual may not receive, through na- tional service educational awards and silver scholar educational awards, more than an amount equal to the aggregate value of 2 such awards for full-time service. The value of sum- mer of service educational awards that an indi- vidual receives shall have no effect on the aggre- gate value of the national service educational awards the individual may receive. (d) Time for use of educational award (1) In general Subject to paragraph (2), an individual eligi- ble to receive a national service educational award or a silver scholar educational award under this section may not use such award after the end of the 7-year period beginning on the date the individual completes the term of service in an approved national service posi- tion or an approved silver scholar position, as applicable, that is the basis of the award. Sub- ject to paragraph (2), an individual eligible to receive a summer of service educational award under this section may not use such award after the end of the 10-year period beginning on the date the individual completes the term of service in an approved summer of service position that is the basis of the award. (2) Exception The Corporation may extend the period within which an individual may use a national service educational award, summer of service educational award, or silver scholar edu- cational award if the Corporation determines that the individual— (A) was unavoidably prevented from using the national service educational award, sum- mer of service educational award, or silver scholar educational award during the origi- nal 7-year period, or 10-year period, as appro- priate; or (B) performed another term of service in an approved national service position, ap- proved summer of service position, or ap- proved silver scholar position during that period. (3) Term for transferred educational awards For purposes of applying paragraphs (1) and (2)(A) to an individual who is eligible to re- ceive an educational award as a designated in- dividual (as defined in section 12604(f)(8) of this title), references to a seven-year period shall be considered to be references to a 10-year pe- riod that begins on the date the individual who transferred the educational award to the designated individual completed the term of service in the approved national service posi- tion or approved silver scholar position that is the basis of the award. (e) Suspension of eligibility for drug-related of- fenses (1) In general An individual who, after qualifying under this section or under section 12563(c)(8) of this title as an eligible individual, has been con- victed under any Federal or State law of the possession or sale of a controlled substance shall not be eligible to receive a national serv- ice educational award, a summer of service educational award, or a silver scholar edu- cational award during the period beginning on the date of such conviction and ending after the interval specified in the following table: If convicted of: The possession of a con- trolled substance: Ineligibility period is: 1st conviction ................. 1 year 2nd conviction ................ 2 years 3rd conviction ................. indefinite The sale of a controlled sub- stance: 1st conviction ................. 2 years 2nd conviction ................ indefinite (2) Rehabilitation An individual whose eligibility has been sus- pended under paragraph (1) shall resume eligi- bility before the end of the period determined under such paragraph if the individual satis- factorily completes a drug rehabilitation pro- gram that complies with such criteria as the Corporation shall prescribe for purposes of this paragraph. (3) First convictions An individual whose eligibility has been sus- pended under paragraph (1) and is convicted of a first offense may resume eligibility before the end of the period determined under such paragraph if the individual demonstrates that he or she has enrolled or been accepted for en- rollment in a drug rehabilitation program de- scribed in paragraph (2). (4) ‘‘Controlled substance’’ defined As used in this subsection, the term ‘‘con- trolled substance’’ has the meaning given in section 802(6) of title 21. Page 8346 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12602 (5) Effective date This subsection shall be effective upon publi- cation by the Corporation in the Federal Reg- ister of criteria prescribed under paragraph (2). (f) Authority to establish demonstration pro- grams The Corporation may establish by regulation demonstration programs for the creation and evaluation of innovative volunteer and commu- nity service programs. (Pub. L. 101–610, title I, § 146, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 818; amended Pub. L. 103–304, § 3(b)(4), Aug. 23, 1994, 108 Stat. 1567; Pub. L. 111–13, title I, § 1402, Apr. 21, 2009, 123 Stat. 1512.) Editorial Notes PRIOR PROVISIONS A prior section 12602, Pub. L. 101–610, title I, § 157, Nov. 16, 1990, 104 Stat. 3156; Pub. L. 102–10, § 7, Mar. 12, 1991, 105 Stat. 31, related to grant applications, awards, and uses, prior to repeal by Pub. L. 103–82, § 104(a). A prior section 146 of Pub. L. 101–610 was classified to section 12576 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—Pub. L. 111–13, § 1402(1), substituted section catchline for former section catchline. Subsec. (a). Pub. L. 111–13, § 1402(2)(A), inserted ‘‘, summer of service educational award, or silver scholar educational award’’ after ‘‘national service edu- cational award’’ and substituted ‘‘if the organization responsible for the individual’s supervision in a na- tional service program certifies that the individual’’ for ‘‘if the individual’’ in introductory provisions. Subsec. (a)(1), (2). Pub. L. 111–13, § 1402(2)(B), added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: ‘‘(1) successfully completes the required term of serv- ice described in subsection (b) of this section in an ap- proved national service position; ‘‘(2) was 17 years of age or older at the time the indi- vidual began serving in the approved national service position or was an out-of-school youth serving in an ap- proved national service position with 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;’’. Subsec. (a)(3), (4). Pub. L. 111–13, § 1402(2)(B), (C), re- designated par. (4) as (3) and struck out former par. (3), which read as follows: ‘‘at the time the individual uses the national service educational award— ‘‘(A) has received a high school diploma, or the equivalent of such diploma; ‘‘(B) is enrolled at an institution of higher edu- cation on the basis of meeting the standard described in paragraph (1) or (2) of subsection (a) of section 1091 of title 20 and meets the requirements of subsection (a) of such section; or ‘‘(C) has received a waiver described in section 12591(c) of this title; and’’. Subsec. (b). Pub. L. 111–13, § 1402(3), designated exist- ing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3). Subsec. (c). Pub. L. 111–13, § 1402(4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘Although an individual may serve more than 2 terms of service described in sub- section (b) of this section in an approved national serv- ice position, the individual shall receive a national service educational award from the National Service Trust only on the basis of the first and second of such terms of service.’’ Subsec. (d)(1). Pub. L. 111–13, § 1402(5)(A)(i), sub- stituted ‘‘In general’’ for ‘‘Seven-year requirement’’ in heading. Pub. L. 111–13, § 1402(5)(A)(ii)–(v), substituted ‘‘Subject to paragraph (2), an’’ for ‘‘An’’ and inserted ‘‘or a silver scholar educational award’’ after ‘‘national service edu- cational award’’, ‘‘or an approved silver scholar posi- tion, as applicable,’’ after ‘‘approved national service position’’, and ‘‘Subject to paragraph (2), an individual eligible to receive a summer of service educational award under this section may not use such award after the end of the 10-year period beginning on the date the individual completes the term of service in an approved summer of service position that is the basis of the award.’’ at end. Subsec. (d)(2). Pub. L. 111–13, § 1402(5)(B)(i), inserted ‘‘, summer of service educational award, or silver scholar educational award’’ after ‘‘national service edu- cational award’’ in introductory provisions. Subsec. (d)(2)(A). Pub. L. 111–13, § 1402(5)(B)(i), (ii), in- serted ‘‘, summer of service educational award, or sil- ver scholar educational award’’ after ‘‘national service educational award’’ and ‘‘, or 10-year period, as appro- priate’’ after ‘‘7-year period’’. Subsec. (d)(2)(B). Pub. L. 111–13, § 1402(5)(B)(iii), in- serted ‘‘, approved summer of service position, or ap- proved silver scholar position’’ after ‘‘approved na- tional service position’’. Subsec. (d)(3). Pub. L. 111–13, § 1402(5)(C), added par. (3). Subsec. (e)(1). Pub. L. 111–13, § 1402(6), inserted ‘‘or under section 12563(c)(8) of this title’’ after ‘‘qualifying under this section’’ and ‘‘, a summer of service edu- cational award, or a silver scholar educational award’’ after ‘‘to receive a national service educational award’’. 1994—Subsec. (a)(3). Pub. L. 103–304 struck out second par. (3) which read as follows: ‘‘has received a high school diploma, or the equivalent of such diploma, at the time the individual uses the national service edu- cational award, unless this requirement has been waived based on an individual education assessment conducted by the program; and’’. 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. STUDY TO EVALUATE THE EFFECTIVENESS OF AGENCY COORDINATION Pub. L. 111–13, title I, § 1711, Apr. 21, 2009, 123 Stat. 1550, provided that: ‘‘(a) STUDY.—In order to reduce administrative bur- dens and lower costs for national service programs car- ried out under the national service laws, the Corpora- tion shall conduct a study to determine the feasibility and effectiveness of implementing a data matching sys- tem under which the statements of an individual de- claring that such individual is in compliance with the requirements of section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3)) shall be verified by the Corporation by comparing in- formation provided by the individual with information relevant to such a declaration in the possession of other Federal agencies. Such study shall— ‘‘(1) review the feasibility of— ‘‘(A) expanding, and participating in, the data matching conducted by the Department of Edu- cation with the Social Security Administration and the Department of Homeland Security, pursuant to section 484(g) of the Higher Education Act of 1965 (20 U.S.C. 1091(g)); or Page 8347 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12603 ‘‘(B) establishing a comparable system of data matching with the Social Security Administration and the Department of Homeland Security; and ‘‘(2) identify— ‘‘(A) the costs, for both the Corporation and the other Federal agencies identified in paragraph (1), associated with expanding or establishing such a system of data matching; ‘‘(B) the benefits or detriments of such an ex- panded or comparable system both for the Corpora- tion and for the other Federal agencies so identi- fied; ‘‘(C) strategies for ensuring the privacy and secu- rity of participant information that is shared be- tween Federal agencies and organizations receiving assistance under the national service laws; ‘‘(D) the information that needs to be shared in order to fulfill the eligibility requirements of sec- tion 146(a)(3) of the National and Community Serv- ice Act of 1990 (42 U.S.C. 12602(a)(3)); ‘‘(E) an alternative system through which an in- dividual’s compliance with section 146(a)(3) of such Act may be verified, should such an expanded or comparable system fail to verify the individual’s declaration of compliance; and ‘‘(F) recommendations for implementation of such an expanded or comparable system. ‘‘(b) CONSULTATION.—The Corporation shall carry out the study in consultation with the Secretary of Edu- cation, the Commissioner of the Social Security Ad- ministration, the Secretary of Homeland Security, and other Federal agencies, entities, and individuals that the Corporation considers appropriate. ‘‘(c) REPORT.—Not later than 9 months after the ef- fective date of this Act [for general effective date of Pub. L. 111–13 as Oct. 1, 2009, see Effective Date of 2009 Amendment note under section 4950 of this title], the Corporation shall submit to the authorizing commit- tees a report on the results of the study required by subsection (a) and a plan for implementation of a pilot data matching program using promising strategies and approaches identified in such study, if the Corporation determines such program to be feasible. ‘‘(d) PILOT PROGRAM.—From amounts made available to carry out this section, the Corporation may develop and carry out a pilot data matching program based on the report submitted under subsection (c). ‘‘(e) DEFINITIONS.—In this section, the terms ‘Cor- poration’, ‘authorizing committees’, and ‘national serv- ice laws’ have the meanings given the terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).’’ § 12602a. Certifications of successful completion of terms of service (a) Certifications In making any authorized disbursement from the National Service Trust in regard to an eligi- ble individual (including disbursement for a des- ignated individual, as defined in section 12604(f)(8) of this title, due to the service of an eligible individual) under section 12602 of this title who served in an approved national service position, an approved summer of service posi- tion, or an approved silver scholar position, the Corporation shall rely on a certification. The certification shall be made by the entity that selected the individual for and supervised the in- dividual in the approved national service posi- tion in which such individual successfully com- pleted a required term of service, in a national service program. (b) Effect of erroneous certifications If the Corporation determines that the certifi- cation under subsection (a) is erroneous or in- correct, the Corporation shall assess against the national service program a charge for the amount of any associated payment or potential payment from the National Service Trust. In as- sessing the amount of the charge, the Corpora- tion shall consider the full facts and cir- cumstances surrounding the erroneous or incor- rect certification. (Pub. L. 101–610, title I, § 146A, as added Pub. L. 111–13, title I, § 1403, Apr. 21, 2009, 123 Stat. 1514.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12603. Determination of the amount of the edu- cational award (a) Amount for full-time national service Except as provided in subsection (c), an indi- vidual described in section 12602(a) of this title who successfully completes a required term of full-time national service in an approved na- tional service position shall receive a national service educational award having a value equal to the maximum amount of a Federal Pell Grant under section 1070a of title 20 that a student eli- gible for such Grant may receive in the aggre- gate (without regard to whether the funds are provided through discretionary or mandatory appropriations), for the award year for which the national service position is approved by the Corporation. (b) Amount for part-time national service Except as provided in subsection (c), an indi- vidual described in section 12602(a) of this title who successfully completes a required term of part-time national service in an approved na- tional service position shall receive a national service educational award having a value equal to 50 percent of value of the national service educational award determined under subsection (a). (c) Award for partial completion of service If an individual serving in an approved na- tional service position is released in accordance with section 12593(c)(1)(A) of this title from com- pleting the full-time or part-time term of serv- ice agreed to by the individual, the Corporation may provide the individual with that portion of the national service educational award approved for the individual that corresponds to the quan- tity of the term of service actually completed by the individual. (d) Amount for summer of service An individual described in section 12602(a) of this title who successfully completes a required summer of service term shall receive a summer of service educational award having a value, for each of not more than 2 of such terms of service, equal to $500 (or, at the discretion of the Chief Executive Officer, equal to $750 in the case of a participant who is economically disadvantaged). (e) Amount for silver scholars An individual described in section 12602(a) of this title who successfully completes a required