§ 12602. Individuals eligible to receive an educational award from the Trust

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.

1. 1993

   National and Community Service Act

   Pub. L. 101–610 title I § 146 · 104 Stat. 3127

   Enacted · 42 U.S.C. § 12602

   Pub. L. 101–610, title I, § 146, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 818

   Source evidence

   Code source credit
   Pub. L. 101–610, title I, § 146, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 818

   Enacted provision · exact public law section
   SEC. 146. POST-SERVICE BENEFITS. (a) Part-Time.— (1) Federal share.— The Commission shall annually provide to each part-time participant a nontransferable post-service benefit that is equal in value to $1,000 for each year of service that such participant provides to the program. (2) State share.— (A) In general.— The State shall annually provide to each part-time participant a nontransferable post-service benefit that is equal in value to $1,000 for each year of service that such participant provides to the program. (B) Waiver.— A State may apply for a waiver to reduce the amount of the post-service benefit to an amount that is equal to not less than the average annual tuition and required fees at 4-year public institutions of higher education within such State. (3) Construction.— Nothing in this subsection shall be construed to prevent a State from using funds made available from non-Federal sources to increase the amount of post-service benefits provided under paragraph (1) to an amount in excess of that described in such paragraph. (b) Full-Time.— (1) Federal share.— The Commission shall annually provide to each full-time participant a nontransferable post-service benefit that is equal in value to $2,500 for each year of service that such participant provides to the program. (2) State share.— (A) In general.— The State shall annually provide to each full-time participant a nontransferable post-service benefit that is equal in value to $2,500 for each year of service that such participant provides to the program. (B) Waiver.— A State may apply for a waiver to reduce the amount of the post-service benefit to an amount that is equal to not less than the average annual tuition, required fees, and room and board costs at 4-year public institutions of higher education within such State. (3) Construction.— Nothing in this subsection shall be construed to prevent a State from using funds made available from non-Federal sources to increase the amount of post-service benefits provided under paragraph (1) to an amount in excess of that described in such paragraph. (c) Special Senior Service Participant.— A special senior service participant shall be ineligible to receive post-service benefits under this section. (d) Indexing.— The Commission shall increase the value of post service benefits provided under this section in each fiscal year based on the increase in the costs associated with attending a 4-year institution of higher education during that fiscal year. The Commission shall determine such increases in costs based on information made available by the Bureau of Labor Statistics and the National Center for Education Statistics. (e) Post-Service Benefit.— (1) Part-time.— A post-service benefit provided under subsection (a) shall only be used for— (A) payment of a student loan from Federal or non- Federal sources; (B) down payment or closing costs associated with purchasing a first home; or (C) tuition at an institution of higher education on a full-time basis, or to pay the expenses incurred in the full-time participation in an apprenticeship program approved by the appropriate State agency. (2) Full-time.— A post-service provided under subsection (b) shall only be used for— (A) payment of a student loan from Federal or non- Federal sources; or (B) tuition, room and board, books and fees, and other costs associated with attendance (pursuant to section 472 of the Higher Education Act of 1965 (20 U.S.C. 108711)) at an institution of higher education on a full-time basis, or to pay the expenses incurred in the full-time participation in an apprenticeship program approved by the appropriate State agency.

2. 1994

   Pub. L. 103–304 § 3(b)(4) · 108 Stat. 1565

   Struck · 42 U.S.C. § 12602(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (4) Educational award eligibility requirements.— Section 146(a) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)), as added by section 102(a) of the National and Community Service Trust Act of 1993 (Public Law 103–82; 107 Stat. 818), is amended by striking the second paragraph (3).

3. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(1) · 123 Stat. 1460

   Substituted · 42 U.S.C. § 12602

   Pub. L. 111–13, § 1402(1), substituted section catchline for former section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–13, § 1402(1), substituted section catchline for former section catchline.

   Enacted provision · exact public law section
   (1) by striking the section heading and inserting the following: “SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE AN EDUCATIONAL AWARD FROM THE 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.

4. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(2)(A) · 123 Stat. 1460

   1. Inserted · 42 U.S.C. § 12602(a)

      Pub. L. 111–13, § 1402(2)(A), inserted “, summer of service educational award, or silver scholar educational award” after “national service educational award”

   2. Substituted · 42 U.S.C. § 12602(a)

      Pub. L. 111–13, § 1402(2)(A), 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1)— (i) by inserting “, summer of service educational award, or silver scholar educational award” after “national service educational award”; and (ii) by striking “if the individual” and inserting “if the organization responsible for the individual’s supervision in a national service program certifies that the individual”;

   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.

5. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(2)(B) · 123 Stat. 1460

   1. Added · 42 U.S.C. § 12602(a)(1); 42 U.S.C. § 12602(a)(2)

      Pub. L. 111–13, § 1402(2)(B), added pars. (1) and (2)

   2. Struck · 42 U.S.C. § 12602(a)(1); 42 U.S.C. § 12602(a)(2)

      Pub. L. 111–13, § 1402(2)(B), struck out former pars. (1) and (2), which read as follows:

   Source evidence

   Code amendment note
   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;”.

   Enacted provision · exact public law section
   (B) by striking paragraphs (1), (2), and (3) and inserting the following: “(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 completed 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 139(c)— “(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 138(f); 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 138(f); 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.

6. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(2)(B) · 123 Stat. 1460

   1. Redesignated · 42 U.S.C. § 12602(a)(3); 42 U.S.C. § 12602(a)(4)

      Pub. L. 111–13, § 1402(2)(B), (C), redesignated par. (4) as (3)

   2. Struck · 42 U.S.C. § 12602(a)(3); 42 U.S.C. § 12602(a)(4)

      Pub. L. 111–13, § 1402(2)(B), (C), struck out former par. (3), which read as follows: “at the time the individual uses the national service educational award—

   Source evidence

   Code amendment note
   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 “(C) has received a waiver described in section 12591(c) of this title; and”.

   Enacted provision · exact public law section
   (B) by striking paragraphs (1), (2), and (3) and inserting the following: “(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 completed 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 139(c)— “(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 138(f); 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 138(f); 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.

7. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(3) · 123 Stat. 1460

   1. Amended · 42 U.S.C. § 12602(b)

      Pub. L. 111–13, § 1402(3), designated existing provisions as par. (1)

   2. Inserted · 42 U.S.C. § 12602(b)

      Pub. L. 111–13, § 1402(3), inserted par. (1) heading

   3. Added · 42 U.S.C. § 12602(b)

      Pub. L. 111–13, § 1402(3), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–13, § 1402(3), designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (3) in subsection (b)— (A) by striking “The term” and inserting the following: “(1) Approved national service position.— The term” ; and (B) by adding at the end the following: “(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.” ;

   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.

8. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(4) · 123 Stat. 1460

   1. Added · 42 U.S.C. § 12602(c)

      Pub. L. 111–13, § 1402(4), added subsec. (c)

   2. Struck · 42 U.S.C. § 12602(c)

      Pub. L. 111–13, § 1402(4), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (4) by striking subsection (c) and inserting the following: “(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.” ;

   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.

9. 2009

   Serve America Act

   Pub. L. 111–13 § 1402(5)(A)(i) · 123 Stat. 1460

   Substituted · 42 U.S.C. § 12602(d)(1)

   Pub. L. 111–13, § 1402(5)(A)(i), substituted “In general” for “Seven-year requirement” in heading

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 111–13, § 1402(5)(A)(i), substituted “In general” for “Seven-year requirement” in heading.

   Enacted provision · exact public law section
   (i) by striking “Seven-year requirement” and inserting “In general”;

   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.

10. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(5)(A)(ii) · 123 Stat. 1460

    1. Substituted · 42 U.S.C. § 12602(d)(1)

       Pub. L. 111–13, § 1402(5)(A)(ii)–(v), substituted “Subject to paragraph (2), an” for “An”

    2. Inserted · 42 U.S.C. § 12602(d)(1)

       Pub. L. 111–13, § 1402(5)(A)(ii)–(v), 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (ii) by striking “An” and inserting “Subject to paragraph (2), an”;

    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.

11. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(5)(B)(i) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12602(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A) and in subparagraph (A), by inserting “, summer of service educational award, or silver scholar educational award” after “national service educational award”;

    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.

12. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(5)(B)(i) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12602(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A) and in subparagraph (A), by inserting “, summer of service educational award, or silver scholar educational award” after “national service educational award”;

    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.

13. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(5)(B)(iii) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12602(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (iii) in subparagraph (B), by inserting “, approved summer of service position, or approved silver scholar position” after “approved national service position”; 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. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(5)(C) · 123 Stat. 1460

    Added · 42 U.S.C. § 12602(d)(3)

    Pub. L. 111–13, § 1402(5)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 111–13, § 1402(5)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(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 148(f)(8)), 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.” ; 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.

15. 2009

    Serve America Act

    Pub. L. 111–13 § 1402(6) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12602(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (6) in subsection (e)(1)— (A) by inserting after “qualifying under this section” the following: “or under section 119(c)(8)”; and (B) by inserting after “to receive a national service educational award” the following: “, a summer of service educational award, or a silver scholar educational award”.

    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.

22 of 22 references resolved to an enrolled provision