§12655l — Title 42 The Public Health and Welfare | U.S. Code

Summary

Full-time youth corps participants who get federal support must be given a yearly living allowance at least as large as the average annual subsistence paid to VISTA volunteers. Up to 85 percent of that allowance can come from the federal funds named in the law. A participant’s total yearly allowance cannot be more than 200 percent of that VISTA average. The Corporation can lower or waive the minimum if the program shows the rule does not fit its goals and each participant still gets enough to cover necessary local living costs like food, housing, and transportation. Programs that existed on September 21, 1993 do not have to follow the minimum rule. Programs that were already operating on November 16, 1990 do not have to cut higher stipends if the extra money comes from non‑Federal sources. Residential youth corps are treated as organized camps under the Fair Labor Standards Act. Agencies are encouraged to offer health insurance to participants without it. Agencies may deduct a reasonable share of room and board from the allowance and keep those deductions in rollover accounts for housing costs. Agencies must set deductions based on actual costs and may provide facilities, basic medical care, transport, disability accommodations, and other needed supplies. The Corporation can supply extra equipment or surplus federal items and try to get military logistical help. The Corporation and agencies must set and enforce health and safety rules that follow federal, state, and local standards.

Title 42, §12655l

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (3), each participant in a full-time youth corps program that receives assistance under this division shall receive a living allowance in an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers under section 4955 of this title.

(2)The amount of the annual living allowance provided under paragraph (1) that may be paid using assistance provided under this division, section 12571 of this title, and any other Federal funds shall not exceed 85 percent of the total average annual subsistence allowance provided to VISTA volunteers under section 4955 of this title.

(3)The total amount of an annual living allowance that may be provided to a participant in a full-time youth corps program that receives assistance under this division shall not exceed 200 percent of the average annual subsistence allowance provided to VISTA volunteers under section 4955 of this title.

(4)The Corporation may waive or reduce the requirement 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 participant is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the program is located.

(5)The requirement of paragraph (1) shall not apply to any program that was in existence on September 21, 1993.

(b)(1)Nothing in this section shall be construed to require a program in existence on November 16, 1990, to decrease any stipends, salaries, or living allowances provided to participants under such program so long as the amount of any such stipends, salaries, or living allowances that is in excess of the levels provided for in this section are paid from non-Federal sources.

(2)For purposes of the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], residential youth corps programs under this division will be considered an organized camp.

(c)In addition to the living allowance provided under subsection (a), program agencies are encouraged to provide health insurance to each participant in a full-time youth corps program who does not otherwise have access to health insurance.

(d)(1)The program agency may deduct, from amounts provided under subsection (a) to a participant, a reasonable portion of the costs of the rates for any room and board that is provided for such participant at a residential facility. Such deducted funds shall be deposited into rollover accounts that shall be used solely to defray the costs of room and board for participants.

(2)The program agency shall establish the amount of the deductions and rates under paragraph (1) after evaluating the costs of providing such room and board to the participant.

(3)A program agency may provide facilities, quarters, and board and shall provide limited and emergency medical care, transportation from administrative facilities to work sites, accommodations for individuals with disabilities, and other appropriate services, supplies, and equipment to each participant.

(4)(A)The Corporation may provide services, facilities, supplies, and equipment, including any surplus food and equipment available from other Federal programs, to any program agency carrying out projects under this division.

(B)Whenever possible, the Corporation shall make arrangements with the Secretary of Defense to have logistical support provided by a military installation near the work site, including the provision of temporary tent centers where needed, and other supplies and equipment.

(5)The Corporation and program agencies shall establish standards and enforcement procedures concerning the health and safety of participants for all projects, consistent with Federal, State, and local health and safety standards.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in subsec. (b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified principally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. Codification Section was formerly classified to section 12553 of this title prior to renumbering by Pub. L. 103–82, § 101(a).

Amendments

1993—Subsec. (a). Pub. L. 103–82, § 101(d), added pars. (1) to (5) and struck out former pars. (1) and (2) which read as follows: “(1) In general.—From assistance provided under this part, each participant in a full-time youth corps program that receives assistance under this part shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 9902(2) of this title). “(2) Non-federal sources.—Notwithstanding paragraph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources.” Subsec. (d)(4)(A), (B), (5). Pub. L. 103–82, § 101(e)(1), substituted “Corporation” for “Commission”. 1991—Subsec. (d)(1). Pub. L. 102–10 substituted “subsection (a)” for “subsections (a) and (c)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

§12655l Living Allowance