
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12602]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
  Division D--National Service Trust and Provision of National Service 
                           Educational Awards
 
Sec. 12602. Individuals eligible to receive a national service 
        educational award from the Trust
        

(a) Eligible individuals

    An individual shall receive a national service educational award 
from the National Service Trust if the individual--
        (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;
        (3) 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

        (4) is a citizen or national of the United States or lawful 
    permanent resident alien of the United States.

(b) Term of service

    The term of service for an approved national service position shall 
not be less than the full- or part-time term of service specified in 
section 12593(b) of this title.

(c) Limitation on number of terms of service for awards

    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.

(d) Time for use of educational award

                     (1) Seven-year requirement

        An individual eligible to receive a national service 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 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 if the Corporation 
    determines that the individual--
            (A) was unavoidably prevented from using the national 
        service educational award during the original 7-year period; or
            (B) performed another term of service in an approved 
        national service position during that period.

(e) Suspension of eligibility for drug-related offenses

                           (1) In general

        An individual who, after qualifying under this section 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 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      Ineligibility period is:
 substance:
  1st conviction..................      1 year
  2nd conviction..................      2 years
  3rd conviction..................      indefinite

The sale of a controlled
 substance:
  1st conviction..................      2 years
  2nd conviction..................      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.

                        (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, Sec. 146, as added Pub. L. 103-82, title I, 
Sec. 102(a), Sept. 21, 1993, 107 Stat. 818; amended Pub. L. 103-304, 
Sec. 3(b)(4), Aug. 23, 1994, 108 Stat. 1567.)


                            Prior Provisions

    A prior section 12602, Pub. L. 101-610, title I, Sec. 157, Nov. 16, 
1990, 104 Stat. 3156; Pub. L. 102-10, Sec. 7, Mar. 12, 1991, 105 Stat. 
31, related to grant applications, awards, and uses, prior to repeal by 
Pub. L. 103-82, Sec. 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, Sec. 102(a).


                               Amendments

    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''.

                  Section Referred to in Other Sections

    This section is referred to in sections 12595, 12601, 12603, 12604, 
12618 of this title.
