42 U.S.C. § 12594 — Living allowances for national service

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 Page 8342 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12595 care policy may be substituted for the basic health care policy, and mechanisms to pro- hibit participants from dropping existing cov- erage. (2) Option A State or other recipient of assistance under section 12571 of this title may elect to provide from its own funds or make available a health care policy for participants that does not meet all of the standards established by the Corporation if the fair market value of such policy is equal to or greater than the fair market value of a plan that meets the min- imum standards established by the Corpora- tion, and is consistent with other applicable laws. (e) Child care (1) Availability A State or other recipient of assistance under section 12571 of this title shall— (A) make child care available for children of each full-time participant who needs child care in order to participate in a national service program carried out or supported by the recipient using the assistance; or (B) provide a child care allowance to each full-time participant in a national service program who needs such assistance in order to participate in the program. (2) Guidelines The Corporation shall establish guidelines regarding the circumstances under which child care shall be made available under this sub- section and the value of any allowance to be provided. (f) Individualized support services A State or other recipient of assistance under section 12571 of this title shall provide reason- able accommodation, including auxiliary aids and services (as defined in section 12102(1) 1 of this title), based on the individualized need of a participant who is a qualified individual with a disability (as defined in section 12111(8) of this title). (Pub. L. 101–610, title I, § 140, as added Pub. L. 103–82, title I, § 101(b), Sept. 21, 1993, 107 Stat. 811; amended Pub. L. 111–13, title I, § 1315, Apr. 21, 2009, 123 Stat. 1511.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- sec. (a)(3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part C of title IV of the Act was formerly classified generally to part C (§ 2751 et seq.) of subchapter I of chapter 34 of this title prior to transfer to part C (§ 1087–51 et seq.) of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Section 12102 of this title, referred to in subsec. (f), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, no longer de- fines ‘‘auxiliary aids and services’’. However, such term is defined in section 12103(1) of this title. PRIOR PROVISIONS A prior section 140 of Pub. L. 101–610 was set out as a note under section 12501 of this title, prior to the gen- eral 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, § 1315(1)(A), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (3)’’. Subsec. (a)(2), (3). Pub. L. 111–13, § 1315(1)(B)–(D), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2). Text of former par. (2) read as follows: ‘‘The amount of the annual living allowance provided under paragraph (1) that may be paid using as- sistance provided under section 12571 of this title and using any other Federal funds shall not exceed 85 per- cent of the total average annual provided to VISTA volunteers under section 4955 of this title.’’ Subsec. (a)(4). Pub. L. 111–13, § 1315(1)(E), substituted ‘‘a term of service that is less than 12 months’’ for ‘‘a reduced term of service under section 12593(b)(3) of this title’’. Subsec. (b). Pub. L. 111–13, § 1315(2), substituted ‘‘may be used to pay the taxes described in this subsection.’’ for ‘‘shall include an amount sufficient to cover 85 per- cent of such taxes based upon the lesser of— ‘‘(1) the total average annual subsistence allowance provided to VISTA volunteers under section 4955 of this title; and ‘‘(2) the annual living allowance established by the program.’’ Subsec. (c). Pub. L. 111–13, § 1315(3), substituted ‘‘sec- tion 12572(c)(1)(D)’’ for ‘‘section 12572(a)(8)’’ and ‘‘sub- section (a)(2)’’ for ‘‘subsection (a)(3) of this section’’ in introductory provisions, redesignated par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘the applicant shall apply for such assistance only by sub- mitting an application to the Corporation for assist- ance on a competitive basis; and’’. Subsec. (d)(1). Pub. L. 111–13, § 1315(4)(A), substituted ‘‘shall provide or make available’’ for ‘‘shall provide’’ and struck out second sentence which read as follows: ‘‘Not more than 85 percent of the cost of a premium shall be provided by the Corporation, with the remain- ing cost paid by the entity receiving assistance under section 12571 of this title.’’ Subsec. (d)(2). Pub. L. 111–13, § 1315(4)(B), substituted ‘‘provide from its own funds or make available’’ for ‘‘provide from its own funds’’. Subsecs. (g), (h). Pub. L. 111–13, § 1315(5), struck out subsecs. (g) and (h) which allowed waiver in whole or in part of limitation on Federal share and limited number of terms of service for federally subsidized living allow- ance, respectively. 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. § 12595. National service educational awards (a) Eligibility generally A participant in a national service program carried out using assistance provided to an ap- plicant under section 12571 of this title shall be eligible for the national service educational award described in division D if the partici- pant— (1) serves in an approved national service po- sition; and (2) satisfies the eligibility requirements specified in section 12602 of this title with re-