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TITLE 42 > CHAPTER 129 > SUBCHAPTER I > Division C > Part III > § 12594
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§ 12594. Living allowances for national service participants

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(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.
(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.

[1] So in original. Probably should be followed by “subsistence allowance”.
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Notes
1 Pending Update(s)
Parallel authorities (CFR)

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