§ 12604. Disbursement of educational awards

Footnotes

1. 1 So in original. Probably should be followed by a comma.

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 § 148 · 104 Stat. 3127

   Enacted · 42 U.S.C. § 12604

   Pub. L. 101–610, title I, § 148, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 820

   Source evidence

   Code source credit
   Pub. L. 101–610, title I, § 148, as added Pub. L. 103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 820

   Enacted provision · exact public law section
   SEC. 148. TRAINING. (a) Program Training.— (1) In general.— Each participant shall receive 3 weeks of training provided by the Commission in cooperation with the State. (2) Contents of training session.— Each training session described in paragraph (1) shall— (A) orient each participant in the nature, philosophy, and purpose of the program; (B) build an ethic of community service; and (C) train each participant to effectively perform the as-signed program task of such participant by providing— (i) general training in citizenship and civic and community service; and (ii) if feasible, specialized training for the type of service that each participant will perform. (b) Additional Training.— Each State may provide additional training for participants as such State determines necessary. (c) Agency or Organization Training.— Each participant shall receive training from the sponsoring organization in skills relevant to the work to be conducted. (d) Accommodations for Individuals With Disabilities.— In accordance with the nondiscrimination provisions of section 175, each training program shall provide reasonable accommodations for individuals with disabilities.

2. 1998

   An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

   Pub. L. 105–244 title I § 102(c)(2) · 112 Stat. 1581

   Substituted · 42 U.S.C. § 12604(g)

   Pub. L. 105–244 substituted “section 102 of the Higher Education Act of 1965” for “section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 105–244 substituted “section 102 of the Higher Education Act of 1965” for “section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))”.

   Enacted provision · exact public law section
   (2) National and community service act of 1990.— Section 148(g) of the National and Community Service Act of 1990 (42 U.S.C. 12604(g)) is amended by striking “section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))” and inserting “section 102 of the Higher Education Act of 1965”.

3. 2009

   Serve America Act

   Pub. L. 111–13 § 1405(1) · 123 Stat. 1460

   Substituted · 42 U.S.C. § 12604

   Pub. L. 111–13, § 1405(1), substituted section catchline for former section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–13, § 1405(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. 148. DISBURSEMENT OF 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.

4. 2009

   Serve America Act

   Pub. L. 111–13 § 1405(2) · 123 Stat. 1460

   1. Substituted · 42 U.S.C. § 12604(a)(2)(5)

      Pub. L. 111–13, § 1405(2), substituted “cost of attendance or other educational expenses” for “cost of attendance” in par. (2)

   2. Added · 42 U.S.C. § 12604(a)(2)(5)

      Pub. L. 111–13, § 1405(2), added par. (4)

   3. Redesignated · 42 U.S.C. § 12604(a)(2)(5)

      Pub. L. 111–13, § 1405(2), redesignated former par. (4) as (5)

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (5). Pub. L. 111–13, § 1405(2), substituted “cost of attendance or other educational expenses” for “cost of attendance” in par. (2), added par. (4), and redesignated former par. (4) as (5).

   Enacted provision · exact public law section
   (2) in subsection (a)— (A) in paragraph (2), by striking “cost of attendance” and inserting “cost of attendance or other educational expenses”; (B) in paragraph (3), by striking “and”; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: “(4) to pay expenses incurred in enrolling in an educational institution or training establishment that is approved under chapter 36 of title 38, United States Code, or other applicable provisions of law, for offering programs of education, apprenticeship, or on-job training for which educational assistance may be provided by the Secretary of Veterans Affairs; 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.

5. 2009

   Serve America Act

   Pub. L. 111–13 § 1405(3)(A) · 123 Stat. 1460

   Inserted · 42 U.S.C. § 12604(b)(1)

   Pub. L. 111–13, § 1405(3)(A), inserted “, an eligible individual under section 12602(a) of this title who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 12602(a) of this title who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,” after “the national service educational award of the individual” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–13, § 1405(3)(A), inserted “, an eligible individual under section 12602(a) of this title who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 12602(a) of this title who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,” after “the national service educational award of the individual” in introductory provisions.

   Enacted provision · exact public law section
   (A) in paragraph (1), by inserting after “the national service educational award of the individual” the following: “, an eligible individual under section 146(a) who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a silver scholar program and desires to apply that individual’s 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.

6. 2009

   Serve America Act

   Pub. L. 111–13 § 1405(3)(B) · 123 Stat. 1460

   Inserted · 42 U.S.C. § 12604(b)(2)

   Pub. L. 111–13, § 1405(3)(B), inserted “, the summer of service educational award, or the silver scholar educational award, as applicable,” after “the national service educational award”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 111–13, § 1405(3)(B), inserted “, the summer of service educational award, or the silver scholar educational award, as applicable,” after “the national service educational award”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting after “the national service educational award” the following: “, the summer of service educational award, or the silver scholar educational award, as applicable,”;

   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 § 1405(3)(C) · 123 Stat. 1460

   Inserted · 42 U.S.C. § 12604(b)(5)

   Pub. L. 111–13, § 1405(3)(C), inserted “, the summer of service educational award, or the silver scholar educational award, as applicable” after “the national service educational award”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 111–13, § 1405(3)(C), inserted “, the summer of service educational award, or the silver scholar educational award, as applicable” after “the national service educational award”.

   Enacted provision · exact public law section
   (C) in paragraph (5), by inserting after “the national service educational award” the following: “, the summer of service educational award, or the silver scholar educational award, as applicable”; 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.

8. 2009

   Serve America Act

   Pub. L. 111–13 § 1405(3)(D) · 123 Stat. 1460

   Added · 42 U.S.C. § 12604(b)(7)(C)

   Pub. L. 111–13, § 1405(3)(D), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(7)(C). Pub. L. 111–13, § 1405(3)(D), added subpar. (C).

   Enacted provision · exact public law section
   (D) in paragraph (7)— (i) in subparagraph (A), by striking “and” at the end; (ii) in subparagraph (B), by striking the period and inserting “; and”; and (iii) by adding at the end the following: “(C) any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher education to be necessary to cover a student’s educational expenses and made, insured, or guaranteed by— “(i) an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085); “(ii) the direct student loan program under part D of title IV of such Act (20 U.S.C. 1087a et seq.); “(iii) a State agency; or “(iv) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.” ;

   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 § 1405(4)(A) · 123 Stat. 1460

   Inserted · 42 U.S.C. § 12604(c)(1)

   Pub. L. 111–13, § 1405(4)(A), inserted “, an eligible individual under section 12602(a) of this title who desires to apply the individual’s summer of service educational award, or an eligible individual under section 12602(a) of this title who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,” after “national service educational award”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 111–13, § 1405(4)(A), inserted “, an eligible individual under section 12602(a) of this title who desires to apply the individual’s summer of service educational award, or an eligible individual under section 12602(a) of this title who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,” after “national service educational award”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by inserting after “national service educational award” the following: “, an eligible individual under section 146(a) who desires to apply the individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a silver scholar program and desires to apply that individual’s 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.

10. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(4)(B)(i) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(2)(A)

    Pub. L. 111–13, § 1405(4)(B)(i), inserted “, summer of service educational award, or silver scholar educational award, as applicable,” after “national service educational award”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 111–13, § 1405(4)(B)(i), inserted “, summer of service educational award, or silver scholar educational award, as applicable,” after “national service educational award”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by inserting after “national service educational award” the following: “, summer of service educational award, or silver scholar educational award, as applicable,”; 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.

11. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(4)(B)(ii) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(2)(C)(iii)

    Pub. L. 111–13, § 1405(4)(B)(ii), inserted “, summer of service educational awards, or silver scholar educational awards, as applicable,” after “national service educational awards”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C)(iii). Pub. L. 111–13, § 1405(4)(B)(ii), inserted “, summer of service educational awards, or silver scholar educational awards, as applicable,” after “national service educational awards”.

    Enacted provision · exact public law section
    (ii) in subparagraph (C)(iii), by inserting after “national service educational awards” the following: “, summer of service educational awards, or silver scholar educational awards, as applicable,”;

    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 § 1405(4)(C) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(3)

    Pub. L. 111–13, § 1405(4)(C), inserted “summer of service educational awards, or silver scholar educational awards” after “national service educational awards”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 111–13, § 1405(4)(C), inserted “summer of service educational awards, or silver scholar educational awards” after “national service educational awards”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by inserting after “national service educational awards” the following: “summer of service educational awards, or 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.

13. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(4)(D) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(5)

    Pub. L. 111–13, § 1405(4)(D), inserted “, summer of service educational award, or silver scholar educational award, as applicable,” after “national service educational award” and “, additional approved summer of service positions, and additional approved silver scholar positions” before period at end

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 111–13, § 1405(4)(D), inserted “, summer of service educational award, or silver scholar educational award, as applicable,” after “national service educational award” and “, additional approved summer of service positions, and additional approved silver scholar positions” before period at end.

    Enacted provision · exact public law section
    (D) in paragraph (5)— (i) in the first sentence, by inserting after “national service educational award” the following: “, summer of service educational award, or silver scholar educational award, as applicable,”; and (ii) in the third sentence, by inserting before the period the following: “, additional approved summer of service positions, and additional approved silver scholar positions”; 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 § 1405(4)(E)(i) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(6)

    Pub. L. 111–13, § 1405(4)(E)(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. (c)(6). Pub. L. 111–13, § 1405(4)(E)(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), by inserting after “national service educational award” the following: “, summer of service educational award, or 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.

15. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(4)(E)(ii) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(c)(6)(A)

    Pub. L. 111–13, § 1405(4)(E)(ii), inserted “and other educational expenses” after “cost of attendance”

    Source evidence

    Code amendment note
    Subsec. (c)(6)(A). Pub. L. 111–13, § 1405(4)(E)(ii), inserted “and other educational expenses” after “cost of attendance”.

    Enacted provision · exact public law section
    (ii) in subparagraph (A), by inserting “and other educational expenses” after “cost of attendance”; 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.

16. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(4)(E)(iii) · 123 Stat. 1460

    1. Added · 42 U.S.C. § 12604(c)(6)(B)

       Pub. L. 111–13, § 1405(4)(E)(iii), added subpar. (B)

    2. Struck · 42 U.S.C. § 12604(c)(6)(B)

       Pub. L. 111–13, § 1405(4)(E)(iii), struck out former subpar. (B) which read as follows: “the sum of—

    Source evidence

    Code amendment note
    Subsec. (c)(6)(B). Pub. L. 111–13, § 1405(4)(E)(iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “the sum of—

    “(i) the student’s estimated financial assistance for such period under part A of title IV of such Act (20 U.S.C. 1070 et seq.); and “(ii) the student’s veterans’ education benefits, determined in accordance with section 480(c) of such Act (20 U.S.C. 1087vv(c)).”

    Enacted provision · exact public law section
    (iii) by striking subparagraph (B) and inserting the following: “(B) the student’s estimated financial assistance for such period under part A of title IV of such Act (20 U.S.C. 1070 et seq.).” ;

    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.

17. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(5) · 123 Stat. 1460

    Inserted · 42 U.S.C. § 12604(d)

    Pub. L. 111–13, § 1405(5), inserted “, summer of service educational awards, and silver scholar educational awards” after “national service educational awards”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–13, § 1405(5), inserted “, summer of service educational awards, and silver scholar educational awards” after “national service educational awards”.

    Enacted provision · exact public law section
    (5) in subsection (d), 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.

18. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(6) · 123 Stat. 1460

    Substituted · 42 U.S.C. § 12604(e)

    Pub. L. 111–13, § 1405(6), substituted “subsection (b)(7)” for “subsection (b)(6)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–13, § 1405(6), substituted “subsection (b)(7)” for “subsection (b)(6)”.

    Enacted provision · exact public law section
    (6) in subsection (e), by striking “subsection (b)(6)” and inserting “subsection (b)(7)”;

    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.

19. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(9) · 123 Stat. 1460

    Redesignated · 42 U.S.C. § 12604(f)

    Pub. L. 111–13, § 1405(9), added subsec. (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–13, § 1405(9), added subsec. (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (9) by inserting after subsection (e) the following: “(f) Transfer of Educational Awards.— “(1) In general.— An individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) may elect to receive the award (in the amount described in the corresponding provision of section 147) and transfer the award to a designated individual. Applicability. Subsections (b), (c), and (d) shall apply to the designated individual in lieu of the individual who is eligible to receive the national service educational award or silver scholar educational award, except that amounts refunded to the account under subsection (c)(5) on behalf of a designated individual may be used by the Corporation to fund additional placements in the national service program in which the eligible individual who transferred the national service educational award or silver scholar educational award participated for such award. “(2) Conditions for transfer.— An educational award may be transferred under this subsection if— “(A) (i) the award is a national service educational award for service in a national service program that receives a grant under subtitle C; and “(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or “(B) the award is a silver scholarship educational award under section 198C(a). “(3) Modification or revocation.— “(A) In general.— An individual transferring an educational award under this subsection may, on any date on which a portion of the educational award remains unused, modify or revoke the transfer of the educational award with respect to that portion. “(B) Notice.— A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of written notice to the Corporation. “(4) Prohibition on treatment of transferred award as marital property.— An educational award transferred under this subsection may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. “(5) Death of transferor.— The death of an individual transferring an educational award under this subsection shall not affect the use of the educational award by the child, foster child, or grandchild to whom the educational award is transferred if such educational award is transferred prior to the death of the individual. “(6) Procedures to prevent waste, fraud, or abuse.— The Corporation shall establish requirements to prevent waste, fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational award under this subsection. “(7) Technical assistance.— The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, concerning carrying out this subsection. “(8) Definition of a designated individual.— In this subsection, the term ‘designated individual’ is an individual— “(A) whom an individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) designates to receive the educational award; “(B) who meets the eligibility requirements of paragraphs (3) and (4) of section 146(a); and “(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).” .

    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.

20. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(7) · 123 Stat. 1460

    1. Substituted · 42 U.S.C. § 12604(f)

       Pub. L. 111–13, § 1405(7), substituted “Chief Executive Officer” for “Director”

    2. Inserted · 42 U.S.C. § 12604(f)

       Pub. L. 111–13, § 1405(7), inserted “, summer of service educational award, or silver scholar educational award, as appropriate,” after “national service educational award”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–13, § 1405(7), substituted “Chief Executive Officer” for “Director” and inserted “, summer of service educational award, or silver scholar educational award, as appropriate,” after “national service educational award”.

    Enacted provision · exact public law section
    (7) in subsection (f)— (A) by striking “Director” and inserting “Chief Executive Officer”; and (B) by inserting “, summer of service educational award, or silver scholar educational award, as appropriate,” 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.

21. 2009

    Serve America Act

    Pub. L. 111–13 § 1405(8) · 123 Stat. 1460

    Redesignated · 42 U.S.C. § 12604(g); 42 U.S.C. § 12604(h)

    Pub. L. 111–13, § 1405(8), redesignated subsecs. (f) and (g) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 111–13, § 1405(8), redesignated subsecs. (f) and (g) as (g) and (h), respectively.

    Enacted provision · exact public law section
    (8) by redesignating subsections (f) and (g) as subsections (g) and (h) respectively; 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.

25 of 25 references resolved to an enrolled provision