ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 12655l — Living allowance

submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 675 words · no verdicts yet

in plain englishAI-generated · not legal advice

Full-time participants get a living allowance based on what VISTA volunteers receive. Federal money can pay for at most 85 percent of it, and the total cannot exceed 200 percent. The Corporation can waive this if the allowance still covers food, housing, and transportation.

(a) Full-time service: (1) Living allowance required -- Each participant in a full-time youth corps program funded under this division must get a living allowance. It must be at least as much as the average yearly allowance VISTA volunteers get under section 4955. (2) Limitation on Federal share -- This division's money, section 12571's money, and any other federal money together cannot pay for more than 85 percent of that VISTA average allowance. (3) Maximum living allowance -- No matter the source, a participant's total yearly living allowance cannot go above 200 percent of the VISTA average. (4) Waiver or reduction of living allowance -- The Corporation can waive or lower the requirement in paragraph (1) if a program shows that (A) the requirement conflicts with the program's goals, and (B) the allowance it will pay is still enough to cover food, housing, and transportation costs in that area. (5) Exemption -- Paragraph (1)'s requirement does not apply to any program that already existed on September 21, 1993.

(b) Reduction in existing program benefits: (1) In general -- This section does not force a program that existed on November 16, 1990, to cut any stipend, salary, or living allowance it already pays, as long as the amount above what this section requires comes from non-federal money. (2) Fair Labor Standards Act of 1938 -- Under that law, a residential youth corps program funded by this division counts as an "organized camp."

(c) Health insurance: Along with the living allowance, program agencies are encouraged -- though not required -- to provide health insurance to full-time participants who don't already have access to it.

(d) Facilities, services, and supplies: (1) In general -- A program agency may take a reasonable amount out of a participant's allowance to cover the cost of room and board at a residential facility. That deducted money must go into a rollover account used only to pay for participants' room and board. (2) Evaluation -- Before setting those deduction amounts, the agency must first study what room and board actually costs. (3) Duties of program agency -- An agency may provide housing, quarters, and meals. It must provide limited and emergency medical care, transportation from administrative offices to work sites, accommodations for participants with disabilities, and other appropriate services, supplies, and equipment. (4) Other Federal agencies -- (A) The Corporation may give a program agency services, facilities, supplies, and equipment -- including any surplus food and equipment available from other federal programs. (B) Whenever it can, the Corporation should arrange with the Secretary of Defense for a nearby military base to provide logistical support, such as temporary tent centers, supplies, and equipment. (5) Health and safety standards -- The Corporation and program agencies must set standards and enforcement rules to protect participants' health and safety, matching applicable federal, state, and local standards.

the actual law source: uscode.house.gov ↗public domain
(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), 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) 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.

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

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-610 · 104 Stat. 3147
  • 1991Amended · Pub. L. 102-10 · 105 Stat. 30
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 788, 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1990-11-16.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case