
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: 42USC12655l]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
        Division I--American Conservation and Youth Service Corps
 
Sec. 12655l. Living allowance


(a) Full-time service

                    (1) Living allowance required

        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) Limitation on Federal share

        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) Maximum living allowance

        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) 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.

                            (5) Exemption

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

(b) Reduction in existing program benefits

                           (1) In general

        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) Fair Labor Standards Act of 1938

        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) Health insurance

    In addition to the living allowance provided under subsection (a) of 
this section, 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) Facilities, services, and supplies

                           (1) In general

        The program agency may deduct, from amounts provided under 
    subsection (a) of this section 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) Evaluation

        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) Duties of program agency

        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) Other Federal agencies

        (A) In general

            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) Secretary of Defense

            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) Health and safety standards

        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.

(Pub. L. 101-610, title I, Sec. 199K, formerly Sec. 133, Nov. 16, 1990, 
104 Stat. 3147; Pub. L. 102-10, Sec. 5(6), Mar. 12, 1991, 105 Stat. 30; 
renumbered Sec. 199M, renumbered Sec. 199K, and amended Pub. L. 103-82, 
title I, Sec. 101(a), (d), (e)(1), (8)(B), Sept. 21, 1993, 107 Stat. 
788, 814-816.)

                       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, as amended, which is 
classified principally to chapter 8 (Sec. 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, Sec. 101(a).


                               Amendments

    1993--Subsec. (a). Pub. L. 103-82, Sec. 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, Sec. 101(e)(1), 
substituted ``Corporation'' for ``Commission''.
    1991--Subsec. (d)(1). Pub. L. 102-10 substituted ``subsection (a)'' 
for ``subsections (a) and (c)''.


                    Effective Date of 1993 Amendment

    Amendment 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.
