Enrollment and Exit Authorizing Language

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

cational awards, or silver scholar awards during 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 approved national service positions, additional
approved summer of service positions, and additional 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 paragraph (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.)
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 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, § 1401(b)(1)(A)(i),
struck out ‘‘pursuant to section 12681(a)(2) of this title’’
after ‘‘carry out this division’’ in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 111–13, § 1401(b)(1)(A)(ii), inserted ‘‘, 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), substituted ‘‘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 educational 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), substituted ‘‘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), inserted ‘‘, summer of service educational awards, or silver scholar awards’’ after ‘‘national service educational
awards’’.
Subsec. (d)(4). Pub. L. 111–13, § 1401(b)(3)(C), (D), inserted ‘‘, additional approved summer of service positions, 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’’.
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.

§ 12602

EFFECTIVE DATE
Section effective Oct. 1, 1993, see section 123 of Pub.
L. 103–82, set out as an Effective Date of 1993 Amendment 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 transferred to, or interest accumulated in the National Service 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 available, 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 fiscal 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.)
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.
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 educational award from the Trust
(a) Eligible individuals
An individual shall receive a national service
educational award, summer of service educational award, or silver scholar educational
award from the National Service Trust if the organization responsible for the individual’s supervision in a national service program certifies
that the individual—
(1) met the applicable eligibility requirements for the approved national service position, approved silver scholar position, or approved summer of service position, as appropriate, in which the individual served;
(2)(A) for a full-time or part-time national
service educational award, successfully com-

§ 12602

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pleted the required term of service described
in subsection (b)(1) in the approved national
service position;
(B) for a partial educational award in accordance 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 required term of service described in subsection (b) for the approved national service
position;
(C) for a summer of service educational
award, successfully completed the required
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 approved silver scholar position, as certified
through a process determined by the Corporation through regulations consistent with section 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 fullor part-time term of service specified in section 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 educational awards
An individual may not receive, through national 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 summer of service educational awards that an individual receives shall have no effect on the aggregate 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 eligible 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 position or an approved silver scholar position, as
applicable, that is the basis of the award. Subject to paragraph (2), an individual eligible to
receive a summer of service educational award

Page 7640

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 educational award if the Corporation determines
that the individual—
(A) was unavoidably prevented from using
the national service educational award, summer of service educational award, or silver
scholar educational award during the original 7-year period, or 10-year period, as appropriate; or
(B) performed another term of service in
an approved national service position, approved summer of service position, or approved 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 receive an educational award as a designated individual (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 period 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 position or approved silver scholar position that is
the basis of the award.
(e) Suspension of eligibility for drug-related offenses
(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 convicted under any Federal or State law of the
possession or sale of a controlled substance
shall not be eligible to receive a national service educational award, a summer of service
educational award, or a silver scholar educational 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 controlled substance:
1st conviction .................
2nd conviction ................
3rd conviction .................
The sale of a controlled substance:
1st conviction .................
2nd conviction ................

Ineligibility period is:
1 year
2 years
indefinite

2 years
indefinite

(2) Rehabilitation
An individual whose eligibility has been suspended under paragraph (1) shall resume eligibility before the end of the period determined
under such paragraph if the individual satisfactorily completes a drug rehabilitation program that complies with such criteria as the
Corporation shall prescribe for purposes of
this paragraph.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) First convictions
An individual whose eligibility has been suspended 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 enrollment in a drug rehabilitation program described in paragraph (2).
(4) ‘‘Controlled substance’’ defined
As used in this subsection, the term ‘‘controlled substance’’ has the meaning given in
section 802(6) of title 21.
(5) Effective date
This subsection shall be effective upon publication by the Corporation in the Federal Register of criteria prescribed under paragraph
(2).
(f) Authority to establish demonstration programs
The Corporation may establish by regulation
demonstration programs for the creation and
evaluation of innovative volunteer and community 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.)
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 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—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 educational award’’ and substituted ‘‘if the organization
responsible for the individual’s supervision in a national 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 service described in subsection (b) of this section in an approved national service position;
‘‘(2) was 17 years of age or older at the time the individual began serving in the approved national service
position or was an out-of-school youth serving in an approved 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), redesignated 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 education 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

§ 12602

‘‘(C) has received a waiver described in section
12591(c) of this title; and’’.
Subsec. (b). Pub. L. 111–13, § 1402(3), designated existing 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 subsection (b) of this section in an approved national service 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), substituted ‘‘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 educational award’’, ‘‘or an approved silver scholar position, 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 educational award’’ in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 111–13, § 1402(5)(B)(i), (ii), inserted ‘‘, summer of service educational award, or silver scholar educational award’’ after ‘‘national service
educational award’’ and ‘‘, or 10-year period, as appropriate’’ after ‘‘7-year period’’.
Subsec. (d)(2)(B). Pub. L. 111–13, § 1402(5)(B)(iii), inserted ‘‘, approved summer of service position, or approved silver scholar position’’ after ‘‘approved national 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 educational 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 educational award, unless this requirement has been
waived based on an individual education assessment
conducted by the program; and’’.
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 Amendment 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 burdens and lower costs for national service programs carried out under the national service laws, the Corporation shall conduct a study to determine the feasibility
and effectiveness of implementing a data matching system under which the statements of an individual declaring that such individual is in compliance with the

§ 12602a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 information 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 Education 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
‘‘(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 expanded or comparable system both for the Corporation and for the other Federal agencies so identified;
‘‘(C) strategies for ensuring the privacy and security of participant information that is shared between 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 section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3));
‘‘(E) an alternative system through which an individual’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 Education, the Commissioner of the Social Security Administration, 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 effective 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 committees 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 ‘Corporation’, ‘authorizing committees’, and ‘national service 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 eligible individual (including disbursement for a designated 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 position, or an approved silver scholar position, the

Page 7642

Corporation shall rely on a certification. The
certification shall be made by the entity that
selected the individual for and supervised the individual in the approved national service position in which such individual successfully completed a required term of service, in a national
service program.
(b) Effect of erroneous certifications
If the Corporation determines that the certification under subsection (a) is erroneous or incorrect, 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 assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect
certification.
(Pub. L. 101–610, title I, § 146A, as added Pub. L.
111–13, title I, § 1403, Apr. 21, 2009, 123 Stat. 1514.)
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 educational award
(a) Amount for full-time national service
Except as provided in subsection (c), an individual described in section 12602(a) of this title
who successfully completes a required term of
full-time national service in an approved national 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 eligible for such Grant may receive in the aggregate (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 individual described in section 12602(a) of this title
who successfully completes a required term of
part-time national service in an approved national 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 national service position is released in accordance
with section 12593(c)(1)(A) of this title from completing the full-time or part-time term of service 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 quantity 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