
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: 42USC4955]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
          SUBCHAPTER I--NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS
 
                Part A--Volunteers in Service to America
 
Sec. 4955. Support services


(a) Stipend; limitation; volunteer leaders; payment upon completion of 
        term; advancement of accrued stipend; beneficiary of deceased 
        volunteer

    (1)(A) The Director may provide a stipend to volunteers, while they 
are in training and during their assignments, enrolled for periods of 
service of not less than one year under this part, except that the 
Director may, on an individual basis, make an exception to provide a 
stipend to a volunteer enrolled under this part for an extended period 
of service not totaling one year.
    (B) Such stipend shall not exceed $95 per month in fiscal year 1994, 
but shall be set at a minimum of $100 per month, and a maximum of $125 
per month assuming the availability of funds to accomplish such maximum, 
during the service of the volunteer after October 1, 1994. The Director 
may provide a stipend of a maximum of $200 per month in the case of 
persons who have served as volunteers under this part for at least 1 
year and who, in accordance with standards established in such 
regulations as the Director shall prescribe, have been designated 
volunteer leaders on the basis of experience and special skills and a 
demonstrated leadership among volunteers.
    (C) The Director shall not provide a stipend under this subsection 
to an individual who elects to receive a national service educational 
award under subtitle D of title I of the National and Community Service 
Act of 1990 [42 U.S.C. 12601 et seq.].
    (2) Stipends shall be payable only upon completion of a period of 
service, except that under such circumstances as the Director shall 
determine, in accordance with regulations which the Director shall 
prescribe, the accrued stipend, or any part of the accrued stipend, may 
be paid to the volunteer, or, on behalf of the volunteer, to members of 
the volunteer's family or others during the period of the volunteer's 
service. In the event of the death of a volunteer during service, the 
amount of any unpaid stipend shall be paid in accordance with the 
provisions of section 5582 of title 5.

(b) Description of allowances and support services; determination of 
        allowance; adjustments; methodology

    (1) The Director shall also provide volunteers such living, travel 
(including travel to and from places of training and to and from 
locations to which volunteers are assigned during periods of service) 
and leave allowances, and such housing, supplies, equipment, 
subsistence, clothing, health and dental care, transportation, 
supervision, pre-service training and where appropriate in-service 
training, technical assistance, and such other support as the Director 
deems necessary and appropriate to carry out the purpose and provisions 
of this part, and shall insure that each such volunteer has available 
such allowances and support as will enable the volunteer to carry out 
the purpose and provisions of this part and to effectively perform the 
work to which such volunteer is assigned.
    (2) The Director shall set the subsistence allowance for volunteers 
under paragraph (1) for each fiscal year so that--
        (A) the minimum allowance is not less than an amount equal to 95 
    percent of such poverty line (as defined in section 9902(2) of this 
    title) for a single individual as expected for each fiscal year; and
        (B) the average subsistence allowance, excluding allowances for 
    Hawaii, Guam, American Samoa, and Alaska, is no less than 105 
    percent of such poverty line.

    (3) The Director shall adjust the subsistence allowances for 
volunteers serving in areas that have a higher cost of living than the 
national average to reflect such higher cost. The Director shall review 
such adjustments on an annual basis to ensure that the adjustments are 
current.

(c) Child care

    (1) The Director shall--
        (A) make child care available for children of each volunteer 
    enrolled under this part who need such child care in order to 
    participate as volunteers; or
        (B) provide a child care allowance to each such volunteer who 
    needs such assistance in order to participate as volunteers.

    (2) The Corporation shall establish guidelines regarding the 
circumstances under which child care shall be made available under this 
subsection and the value of any child care allowance to be provided.

(Pub. L. 93-113, title I, Sec. 105, Oct. 1, 1973, 87 Stat. 398; Pub. L. 
94-130, Sec. 5(a), Nov. 14, 1975, 89 Stat. 684; Pub. L. 96-143, Sec. 3, 
Dec. 13, 1979, 93 Stat. 1074; Pub. L. 98-288, Sec. 6, May 21, 1984, 98 
Stat. 191; Pub. L. 99-551, Sec. 10(i)(1), Oct. 27, 1986, 100 Stat. 3078; 
Pub. L. 101-204, title I, Sec. 102, Dec. 7, 1989, 103 Stat. 1811; Pub. 
L. 103-82, title III, Sec. 325, Sept. 21, 1993, 107 Stat. 901.)

                       References in Text

    The National and Community Service Act of 1990, referred to in 
subsec. (a)(1)(C), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as 
amended. Subtitle D of title I of the Act is classified generally to 
division D (Sec. 12601 et seq.) of subchapter I of chapter 129 of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 12501 of this title and Tables.


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-82, Sec. 325(a), designated first 
sentence as subpar. (A), added subpars. (B) and (C), and struck out 
former second sentence which read as follows: ``Such stipend shall not 
exceed $75 per month in fiscal year 1990, $90 per month in fiscal year 
1991, and $95 per month in subsequent fiscal years during the 
volunteer's service, except that the Director may provide a stipend not 
to exceed $75 per month in fiscal year 1990, $90 per month in fiscal 
year 1991, and $95 per month in subsequent fiscal years in the case of 
persons who have served for at least one year and who, in accordance 
with standards established in regulations which the Director shall 
prescribe, have been designated volunteer leaders on the basis of 
experience and special skills and a demonstrated leadership among 
volunteers.''
    Subsec. (b)(3). Pub. L. 103-82, Sec. 325(b)(1), struck out subpar. 
(A), struck out subpar. (B) designation before ``The Director shall 
adjust'', and inserted at end: ``The Director shall review such 
adjustments on an annual basis to ensure that the adjustments are 
current.''. Prior to amendment, subpar. (A) read as follows: ``The 
Director shall consult with regional and State offices of the ACTION 
Agency to make a determination of the cost of living within each State 
and whether there are significant local price differentials within the 
State.''
    Subsec. (b)(4). Pub. L. 103-82, Sec. 325(b)(2), struck out par. (4) 
which read as follows: ``The Director, in coordination with regional and 
State offices of the ACTION Agency and taking into account paragraphs 
(2) and (3), shall establish a method for setting subsistence 
allowances. The Director shall submit a report on such methods to the 
appropriate authorizing committees of Congress not later than 90 days 
after the date of enactment of the fiscal year 1990 appropriation.''
    Subsec. (c). Pub. L. 103-82, Sec. 325(c), added subsec. (c).
    1989--Subsec. (a)(1). Pub. L. 101-204, Sec. 102(1), substituted 
``$75 per month in fiscal year 1990, $90 per month in fiscal year 1991, 
and $95 per month in subsequent fiscal years'' for ``$75 per month'' in 
two places.
    Subsec. (b). Pub. L. 101-204, Sec. 102(2), designated existing 
provisions as par. (1), substituted ``places of training and to and from 
locations to which volunteers are assigned during periods of service)'' 
for ``places of training),'', and added pars. (2) to (4).
    1986--Subsec. (b). Pub. L. 99-551 substituted ``the Director'' for 
``he'' before ``deems''.
    1984--Subsec. (b). Pub. L. 98-288 inserted ``pre-service training 
and where appropriate in-service training,''.
    1979--Subsec. (a)(2). Pub. L. 96-143 substituted ``under such 
circumstances as the Director shall determine, in accordance with 
regulations which the director shall prescribe, the accrued stipend, or 
any part of the accrued stipend, may be paid to the volunteer, or, on 
behalf of the volunteer, to members of the volunteer's family or others 
during the period of the volunteer's service'' for ``in extraordinary 
circumstances the Director may from time to time advance all or a 
portion of the accrued stipend to or on behalf of a volunteer''.
    1975--Subsec. (a)(1). Pub. L. 94-130 substituted ``shall not exceed 
$75'' for ``shall not exceed $50''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 392 
of Pub. L. 103-82, set out as a note under section 4951 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as 
otherwise provided, see section 11 of Pub. L. 99-551, set out as an 
Effective Date note under section 4950 of this title.


                 Additional Appropriations Authorization

    Section 5(b) of Pub. L. 94-130, as amended by Pub. L. 96-143, 
Sec. 17, Dec. 13, 1979, 93 Stat. 1082, provided that: ``There are 
authorized to be appropriated, in addition to the sums authorized to be 
appropriated pursuant to section 501 of such Act [section 5081 of this 
title], such additional sums as may be necessary to carry out the 
amendments made by subsection (a) of this section [amending this 
section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 4973, 4992, 5081, 12594, 
12595, 12653c, 12655l of this title.
