
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: 42USC12594]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
               Division C--National Service Trust Program
 
                 Part III--National Service Participants
 
Sec. 12594. Living allowances for national service participants


(a) Provision of living allowance

                    (1) Living allowance required

        Subject to paragraph (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 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) Limitation on Federal share

        The amount of the annual living allowance provided under 
    paragraph (1) that may be paid using assistance provided under 
    section 12571 of this title and using any other Federal funds shall 
    not exceed 85 percent of the total average annual \1\ provided to 
    VISTA volunteers under section 4955 of this title.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``subsistence 
allowance''.
---------------------------------------------------------------------------

                    (3) Maximum living allowance

        Except as provided in subsection (c) of this section, the total 
    amount of an annual living allowance that may be provided to a 
    participant in a national service program shall not exceed 200 
    percent of the average annual subsistence allowance provided to 
    VISTA volunteers under section 4955 of this title.

                  (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 reduced term of service under section 12593(b)(3) of this 
    title.

             (5) Waiver or reduction of living allowance

        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.

                            (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 employer under 
sections 3111 and 3301 of title 26 and taxes imposed on an employer 
under a workmen's compensation act, the assistance provided to the 
program under section 12571 of this title shall include an amount 
sufficient to cover 85 percent 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.

(c) Exception from maximum living allowance for certain assistance

    A professional corps program described in section 12572(a)(8) of 
this title that desires to provide a living allowance in excess of the 
maximum allowance authorized in subsection (a)(3) of this section 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;
        (2) the applicant shall apply for such assistance only by 
    submitting an application to the Corporation for assistance on a 
    competitive basis; and
        (3) the national service program shall be operated directly by 
    the applicant and shall meet urgent, unmet human, educational, 
    environmental, or public safety needs, as determined by the 
    Corporation.

(d) Health insurance

                           (1) In general

        A State or other recipient of assistance under section 12571 of 
    this title shall provide 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 otherwise 
    covered by a health care policy. Not more than 85 percent of the 
    cost of a premium shall be provided by the Corporation, with the 
    remaining cost paid by the entity receiving assistance under section 
    12571 of this title. The Corporation shall establish minimum 
    standards that all plans must meet in order to qualify for payment 
    under this part, any circumstances in which an alternative health 
    care policy may be substituted for the basic health care policy, and 
    mechanisms to prohibit participants from dropping existing coverage.

                             (2) Option

        A State or other recipient of assistance under section 12571 of 
    this title may elect to provide from its own funds 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 minimum standards established by the Corporation, 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 subsection 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 reasonable accommodation, including auxiliary aids 
and services (as defined in section 12102(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).

(g) Waiver of limitation on Federal share

    The Corporation may waive in whole or in part the limitation on the 
Federal share specified in this section with respect to a particular 
national service program in any fiscal year if the Corporation 
determines that such a waiver would be equitable due to a lack of 
available financial resources at the local level.

(h) Limitation on number of terms of service for federally subsidized 
        living allowance

    No national service program may use assistance provided under 
section 12571 of this title, or any other Federal funds, to provide a 
living allowance under subsection (a) of this section, a health care 
policy under subsection (d) of this section, or child care or a child 
care allowance under subsection (e) of this section, to an individual 
for a third, or subsequent, term of service described in section 
12593(b) of this title by the individual in a national service program 
carried out under this division.

(Pub. L. 101-610, title I, Sec. 140, as added Pub. L. 103-82, title I, 
Sec. 101(b), Sept. 21, 1993, 107 Stat. 811.)


                            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 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).

                  Section Referred to in Other Sections

    This section is referred to in sections 12571, 12572, 12583, 12638, 
12656 of this title; title 16 section 1726.
