Provision of living allowance
Living allowance required
section 12571 of this titlesection 4955 of this titleSubject to paragraphs (2) and (3), a national service program carried out using assistance provided under 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 .
Maximum living allowance
section 4955 of this titleExcept as provided in subsection (c), 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 .
Federal work-study students
42 U.S.C. 27511
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.
Waiver or reduction of living allowance
Exemption
The requirement of paragraph (1) shall not apply to any program that was in existence on .
Coverage of certain employment-related taxes
section 12571 of this titlesection 12571 of this titleTo the extent a national service program that receives assistance under 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 may be used to pay the taxes described in this subsection.
Exception from maximum living allowance for certain assistance
Health insurance
In general
section 12571 of this titleA State or other recipient of assistance under 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 otherwise covered by a health care policy. 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.
Option
section 12571 of this titleA State or other recipient of assistance under 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 minimum standards established by the Corporation, and is consistent with other applicable laws.
Child care
Availability
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.
Individualized support services
section 12571 of this title1section 12111(8) of this titleA State or other recipient of assistance under 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 ).
Pub. L. 101–610, title I, § 140Pub. L. 103–82, title I, § 101(b)107 Stat. 811Pub. L. 111–13, title I, § 1315123 Stat. 1511(, as added , , ; amended , , .)
Editorial Notes
References in Text
Pub. L. 89–32979 Stat. 1219section 1001 of Title 20The Higher Education Act of 1965, referred to in subsec. (a)(3), is , , . 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 and Tables.
Section 12102 of this titlePub. L. 110–325, § 4(a)122 Stat. 3555section 12103(1) of this title, referred to in subsec. (f), was amended generally by , , , and, as so amended, no longer defines “auxiliary aids and services”. However, such term is defined in .
Prior Provisions
section 140 of Pub. L. 101–610section 12501 of this titlePub. L. 101–610Pub. L. 103–82, § 102(a)A prior was set out as a note under , prior to the general amendment of subtitle D of title I of [former part D of this subchapter] by .
Amendments
Pub. L. 111–13, § 1315(1)(A)2009—Subsec. (a)(1). , substituted “paragraphs (2) and (3)” for “paragraph (3)”.
Pub. L. 111–13, § 1315(1)(B)section 12571 of this titlesection 4955 of this titleSubsec. (a)(2), (3). –(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 assistance provided under and using any other Federal funds shall not exceed 85 percent of the total average annual provided to VISTA volunteers under .”
Pub. L. 111–13, § 1315(1)(E)section 12593(b)(3) of this titleSubsec. (a)(4). , substituted “a term of service that is less than 12 months” for “a reduced term of service under ”.
Pub. L. 111–13, § 1315(2)Subsec. (b). , substituted “may be used to pay the taxes described in this subsection.” for “shall include an amount sufficient to cover 85 percent of such taxes based upon the lesser of—
section 4955 of this title“(1) the total average annual subsistence allowance provided to VISTA volunteers under ; and
“(2) the annual living allowance established by the program.”
Pub. L. 111–13, § 1315(3)Subsec. (c). , substituted “section 12572(c)(1)(D)” for “section 12572(a)(8)” and “subsection (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 submitting an application to the Corporation for assistance on a competitive basis; and”.
Pub. L. 111–13, § 1315(4)(A)section 12571 of this titleSubsec. (d)(1). , 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 remaining cost paid by the entity receiving assistance under .”
Pub. L. 111–13, § 1315(4)(B)Subsec. (d)(2). , substituted “provide from its own funds or make available” for “provide from its own funds”.
Pub. L. 111–13, § 1315(5)Subsecs. (g), (h). , 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 allowance, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–13section 6101(a) of Pub. L. 111–13section 4950 of this titleAmendment by effective , see , set out as a note under .
Effective Date
section 123 of Pub. L. 103–82section 1701 of Title 16Section effective , see , set out as an Effective Date of 1993 Amendment note under , Conservation.