42 U.S.C. § 12593 — Terms of service

Page 8340 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12593 1 So in original. Probably should be ‘‘originally-agreed-to’’. Part D of this subchapter, as in effect on the day be- fore September 21, 1993, referred to in subsec. (e)(2)(D), means former part D of this subchapter 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, title I, § 102(a), Sept. 21, 1993, 107 Stat. 816. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–13, § 1313(1), substituted ‘‘conducted by the entity’’ for ‘‘conducted by the State, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, Federal agency, or other entity’’. Subsec. (e)(2)(C). Pub. L. 111–13, § 1313(2), inserted ‘‘, particularly those who were considered, at the time of their service, disadvantaged youth’’ before semicolon at end. 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 Amend- ment note under section 1701 of Title 16, Conservation. § 12593. Terms of service (a) In general As a condition of receiving a national service education award under division D, a participant in an approved national service position shall be required to perform full- or part-time national service for at least one term of service specified in subsection (b). (b) Term of service (1) Full-time service An individual performing full-time national service in an approved national service posi- tion shall agree to participate in the program sponsoring the position for not less than 1,700 hours during a period of not more than 1 year. (2) Part-time service Except as provided in paragraph (3), an indi- vidual performing part-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 900 hours during a period of not more than 2 years. (3) Reduction in hours of part-time service The Corporation may reduce the number of hours required to be served to successfully complete part-time national service to a level determined by the Corporation, except that any reduction in the required term of service shall include a corresponding reduction in the amount of any national service educational award that may be available under division D with regard to that service. (4) Extension of term for disaster purposes (A) Extension An individual in an approved national service position performing service directly related to disaster relief efforts may con- tinue in a term of service for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or section 12613(d) of this title or in section 4954 of this title. (B) Single term of service A period of service performed by an indi- vidual in an originally-agreed to 1 term of service and service performed under this paragraph shall constitute a single term of service for purposes of subsections (b)(1) and (c) of section 12602 of this title. (C) Benefits An individual performing service under this paragraph may continue to receive a living allowance and other benefits under section 12594 of this title but may not re- ceive an additional national service edu- cational award under section 12595 of this title. (c) Release from completing term of service (1) Release authorized A recipient of assistance under section 12571 of this title or a program sponsoring an ap- proved national service position may release a participant from completing a term of service in the position— (A) for compelling personal circumstances as determined by the organization respon- sible for granting the release, if the partici- pant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service; or (B) for cause. (2) Effect of release for compelling cir- cumstances If a participant eligible for release under paragraph (1)(A) is serving in an approved na- tional service position, the recipient of assist- ance under section 12571 of this title or a pro- gram sponsoring an approved national service position may elect— (A) to grant such release and certify the participant’s eligibility for that portion of the national service educational award cor- responding to the portion of the term of service actually completed, as provided in section 12603(c) of this title; or (B) to permit the participant to tempo- rarily suspend performance of the term of service for a period of up to 2 years (and such additional period as the Corporation may allow for extenuating circumstances) and, upon completion of such period, to complete the remainder of the term of service and ob- tain the entire national service educational award. (3) Effect of release for cause A participant released for cause may not re- ceive any portion of the national service edu- cational award. (Pub. L. 101–610, title I, § 139, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 810; amended Pub. L. 111–13, title I, § 1314, Apr. 21, 2009, 123 Stat. 1510.) Page 8341 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12594 1 See References in Text note below. Editorial Notes AMENDMENTS 2009—Subsec. (b)(1). Pub. L. 111–13, § 1314(1)(A), struck out ‘‘not less than 9 months and’’ before ‘‘not more than 1 year’’. Subsec. (b)(2). Pub. L. 111–13, § 1314(1)(B), substituted ‘‘during a period of not more than 2 years.’’ for ‘‘during a period of— ‘‘(A) not more than 2 years; or ‘‘(B) not more than 3 years if the individual is en- rolled in an institute of higher education while preforming all or a portion of the service.’’ Subsec. (b)(4). Pub. L. 111–13, § 1314(1)(C), added par. (4). Subsec. (c)(1)(A). Pub. L. 111–13, § 1314(2)(A), sub- stituted ‘‘as determined by the organization respon- sible for granting the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service’’ for ‘‘as dem- onstrated by the participant’’. Subsec. (c)(2)(A). Pub. L. 111–13, § 1314(2)(B)(i), sub- stituted ‘‘certify the participant’s eligibility for that portion of the national service educational award’’ for ‘‘provide to the participant that portion of the national service educational award’’. Subsec. (c)(2)(B). Pub. L. 111–13, § 1314(2)(B)(ii), struck out ‘‘to allow return to the program with which the in- dividual was serving in order’’ before ‘‘to complete the remainder’’. 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 Amend- ment note under section 1701 of Title 16, Conservation. § 12594. Living allowances for national service participants (a) Provision of living allowance (1) Living allowance required Subject to paragraphs (2) and (3), a national service program carried out using assistance provided under section 12571 of this title shall provide to each participant who participates on a full-time basis in the program a living al- lowance in an amount equal to or greater than the average annual subsistence allowance pro- vided to VISTA volunteers under section 4955 of this title. (2) Maximum living allowance Except as provided in subsection (c), the total amount of an annual living allowance that may be provided to a participant in a na- tional service program shall not exceed 200 percent of the average annual subsistence al- lowance provided to VISTA volunteers under section 4955 of this title. (3) Federal work-study students The living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) 1 shall be reduced by the amount of the individ- ual’s Federal work study award. (4) Proration of living allowance The amount provided as a living allowance under this subsection shall be prorated in the case of a participant who is authorized to serve a term of service that is less than 12 months. (5) Waiver or reduction of living allowance The Corporation may waive or reduce the re- quirement of paragraph (1) with respect to such national service program if such program demonstrates that— (A) such requirement is inconsistent with the objectives of the program; and (B) the amount of the living allowance that will be provided to each full-time par- ticipant is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the pro- gram is located. (6) Exemption The requirement of paragraph (1) shall not apply to any program that was in existence on September 21, 1993. (b) Coverage of certain employment-related taxes To the extent a national service program that receives assistance under section 12571 of this title is subject, with respect to the participants in the program, to the taxes imposed on an em- ployer under sections 3111 and 3301 of title 26 and taxes imposed on an employer under a work- men’s compensation act, the assistance provided to the program under section 12571 of this title may be used to pay the taxes described in this subsection. (c) Exception from maximum living allowance for certain assistance A professional corps program described in sec- tion 12572(c)(1)(D) of this title that desires to provide a living allowance in excess of the max- imum allowance authorized in subsection (a)(2) may still apply for such assistance, except that— (1) any assistance provided to the applicant under section 12571 of this title may not be used to pay for any portion of the allowance; and (2) the national service program shall be op- erated directly by the applicant and shall meet urgent, unmet human, educational, envi- ronmental, or public safety needs, as deter- mined by the Corporation. (d) Health insurance (1) In general A State or other recipient of assistance under section 12571 of this title shall provide or make available a basic health care policy for each full-time participant in a national service program carried out or supported using the assistance, if the participant is not other- wise covered by a health care policy. The Cor- poration shall establish minimum standards that all plans must meet in order to qualify for payment under this part, any cir- cumstances in which an alternative health