Title 42 — The Public Health and Welfare

Chapter 129 — National and Community Service

§ 12601. Establishment of the National Service Trust

Statutory text

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—

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—

national service educational awards, summer of service educational awards, and silver scholar educational awards; and

interest expenses pursuant to section 12604(e) of this title;

any amounts received by the Corporation as gifts, bequests, devises, or otherwise 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;

any amounts recovered by the Corporation pursuant to section 12602a of this title; and

the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust.

Investment of Trust

It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the Trust. Except as otherwise expressly 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 obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust may be sold by the Secretary at the market price.

Expenditures from Trust

Amounts in the Trust shall be available, to the extent provided for in advance by appropriation, for—

payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with section 12604 of this title; and

payments of interest in accordance with section 12604(e) of this title.

Reports to the authorizing committees on receipts and expenditures

Not later than March 1 of each year, the Corporation shall submit a report to the authorizing committees on the financial status of the Trust during the preceding fiscal year. Such report shall—

specify the amount deposited to the Trust from the most recent appropriation to the Corporation, the amount received by the Corporation as gifts, bequests, devises, or otherwise pursuant to section 12651g(a)(2) of this title during the period covered by the report, and any amounts obtained by the Trust pursuant to subsection (a)(3);

identify the number of individuals who are currently performing service to qualify, or have qualified, for national service educational awards, summer of service educational awards, or silver scholar awards;

identify the number of individuals whose expectation to receive national service educational awards, summer of service educational awards, or silver scholar awards during the period covered by the report—

has been reduced pursuant to section 12603(c) of this title; or

has lapsed pursuant to section 12602(d) of this title; and

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1993
National and Community Service Act
Pub. L. 101–610 title I § 145 · 104 Stat. 3127
Enacted · 42 U.S.C. § 12601
Pub. L. 101–610, title I, § 145, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816
Source evidence
Code source credit
Pub. L. 101–610, title I, § 145, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816
Enacted provision · exact public law section
SEC. 145. ELIGIBILITY. (a) Part-Time.— (1) Requirements.— An individual may serve in a part-time national service program under this subtitle if such individual— (A) is 17 years of age or older; and (B) is a citizen of the United States or lawfully admitted for permanent residence. (2) Priority.— In selecting applicants for a part-time program, States shall give priority to applicants who are currently employed. (b) Full-Time.— An individual may serve in a full-time national service program under this subtitle if such individual— (1) is 17 years of age or older; (2) has received a high school diploma or the equivalent of such diploma, or agrees to achieve a high school diploma or the equivalent of such diploma while participating in the program; and (3) is a citizen of the United States or lawfully admitted for permanent residence. (c) Special Senior Service.— An individual may serve as a special senior service member under this subtitle if such individual— (1) is 60 years of age or older; and (2) meets the eligibility criteria for special senior service membership established by the Commission.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(1)(A)(i) · 123 Stat. 1460
Struck · 42 U.S.C. § 12601(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “pursuant to section 501(a)(2)”; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(1)(A)(ii) · 123 Stat. 1460
Inserted · 42 U.S.C. § 12601(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(ii) in subparagraph (A), by inserting after “national service educational awards” the following: “, summer of service educational awards, and silver scholar educational awards”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(1)(B)(i) · 123 Stat. 1460
Substituted · 42 U.S.C. § 12601(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(i) by striking “pursuant to section 196(a)(2)” and inserting “pursuant to section 196(a)(2), if the terms of such donations direct that the donated amounts be deposited in the National Service Trust”; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(1)(B)(ii) · 123 Stat. 1460
1. Added · 42 U.S.C. § 12601(a)(3); 42 U.S.C. § 12601(a)(4)
  Pub. L. 111–13, § 1401(b)(1)(B)(ii)–(D), added par. (3)
2. Redesignated · 42 U.S.C. § 12601(a)(3); 42 U.S.C. § 12601(a)(4)
  Pub. L. 111–13, § 1401(b)(1)(B)(ii)–(D), redesignated former par. (3) as (4)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 111–13, § 1401(b)(1)(B)(ii)–(D), added par. (3) and redesignated former par. (3) as (4).
Enacted provision · exact public law section
(ii) by striking “and” at the end;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(2) · 123 Stat. 1460
1. Substituted · 42 U.S.C. § 12601(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.”
2. Added · 42 U.S.C. § 12601(c)
  Pub. L. 111–13, § 1401(b)(2), added pars. (1) and (2)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(2) in subsection (c), by striking “for payments of national service educational awards in accordance with section 148.” and inserting “for— “(1) payments of national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with section 148; and “(2) payments of interest in accordance with section 148(e).” ; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(3)(A) · 123 Stat. 1460
1. Substituted · 42 U.S.C. § 12601(d)
  Pub. L. 111–13, § 1401(b)(3)(A), (B), substituted “the authorizing committees” for “Congress” in introductory provisions
2. Substituted · 42 U.S.C. § 12601(d)
  Pub. L. 111–13, § 1401(b)(3)(A), (B), substituted “the authorizing committees” for “the Congress” in introductory provisions
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(A) in the subsection heading, by striking “Congress” and inserting “the Authorizing Committees”;
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(3)(C) · 123 Stat. 1460
Inserted · 42 U.S.C. § 12601(d)(2); 42 U.S.C. § 12601(d)(3)
Pub. L. 111–13, § 1401(b)(3)(C), inserted “, summer of service educational awards, or silver scholar awards” after “national service educational awards”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(C) in paragraphs (2), (3), and (4), by inserting “, summer of service educational awards, or silver scholar awards” after “national service educational awards” each place the term appears; and
Effective date note
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.
2009
Serve America Act
Pub. L. 111–13 § 1401(b)(3)(C) · 123 Stat. 1460
1. Inserted · 42 U.S.C. § 12601(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”
2. Struck · 42 U.S.C. § 12601(d)(4)
  Pub. L. 111–13, § 1401(b)(3)(C), (D), struck out “under division C of this subchapter” after “make available”
3. Inserted · 42 U.S.C. § 12601(d)(4)
  Pub. L. 111–13, § 1401(b)(3)(C), (D), inserted “, summer of service educational awards, or silver scholar awards” after “national service educational awards”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(C) in paragraphs (2), (3), and (4), by inserting “, summer of service educational awards, or silver scholar awards” after “national service educational awards” each place the term appears; and
Effective date note
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.

14 of 14 references resolved to an enrolled provision

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 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”.

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 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’.”

Credits

1993–2009 · 2 acts

1993Pub. L. 101–610, title I, § 145, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816
2009amended Pub. L. 111–13, title I, § 1401(b), Apr. 21, 2009, 123 Stat. 1512.

Show as published

(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.)