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42 U.S.C. § 12595 — Living allowances for national service participants

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12595 — Living allowances for national service participants

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Source file: Laws/federal/codes/united-states-code/title-42/section-12595-living-allowances-for-national-service-participants--db2f7f6768.md
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Source location: Title 42, Chapter 129, § 12595; chapter-129-national-and-community-service.md

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**(a) Provision of living allowance** (1) **Living allowance required** — Subject to paragraphs (2) and (3), a national service program carried out using assistance provided under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4955&num=0&edition=prelim). (2) **Maximum living allowance** — Except 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 [section 4955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4955&num=0&edition=prelim). (3) **Federal work-study students** — The living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the Higher Education Act of 1965 ([42 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2751&num=0&edition=prelim) et seq.) 11 See References in Text note below. shall be reduced by the amount of the individual’s Federal work study award. (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 term of service that is less than 12 months. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) may be used to pay the taxes described in this subsection. **(c) Exception from maximum living allowance for certain assistance** A professional corps program described in [section 12572(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12572/c/1/D&num=0&edition=prelim) that desires to provide a living allowance in excess of the maximum allowance authorized in subsection (a)(2) may still apply for such assistance, except that— (1) any assistance provided to the applicant under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) may not be used to pay for any portion of the allowance; and (2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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. (2) **Option** — A State or other recipient of assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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. **(e) Child care** (1) **Availability** — A State or other recipient of assistance under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) shall provide reasonable accommodation, including auxiliary aids and services (as defined in section 12102(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111/8&num=0&edition=prelim)).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4955 — Terms and periods of service

**(a) Personal commitment; scope of commitment** Volunteers serving under this part shall be required to make a full-time personal commitment to combating poverty and poverty-related problems. To the maximum extent practicable, the requirement for full-time commitment shall include a commitment to live among and at the economic level of the people served, and to remain available for service without regard to regular working hours, at all times during their periods of service, except for authorized periods of leave. **(b) Minimum period of service; critical scarce-skill needs exception; reenrollment; limitation** (1) Volunteers serving under this part may be enrolled initially for periods of service of not less than 1 year, nor more than 2 years, except as provided in paragraph (2) or subsection (e). (2) Volunteers serving under this part may be enrolled for periods of service of less than 1 year if the Director determines, on an individual basis, that a period of service of less than 1 year is necessary to meet a critical scarce skill need. (3) Volunteers serving under this part may be reenrolled for periods of service in a manner to be determined by the Director. No volunteer shall serve for more than a total of 5 years under this part. **(c) Oath or affirmation** Volunteers under this part shall, upon enrollment, take the oath of office as prescribed for persons appointed to any office of honor or profit by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim), and shall swear (or affirm) that the volunteer does not advocate the overthrow of the constitutional form of government of the United States and that the volunteer is not a member of an organization that advocates the overthrow of th

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4950 — Repealed. Pub. L. 103–82, title III, § 385, Sept. 21, 1993, 107 Stat. 915

### Statutory Notes Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter. Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects. Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects. Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services. Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter. Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants. Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants. Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4950

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2751 — Repealed. Pub. L. 93–644, § 16(a), Jan. 4, 1975, 88 Stat. 2330

### Statutory Notes Section, Pub. L. 91–177, title I, § 115, Dec. 30, 1969, 83 Stat. 833, provided for withholding of Federal taxes by antipoverty agencies.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1701 — Congressional declaration of policy and purpose

The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation’s environment and heritage equal to one full academic year of study, it is accordingly the purpose of this subchapter to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America’s youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12102 — Alternative means of dispute resolution

Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12571 — Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018

### Statutory Notes Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on the impact of the activities carried out under this division.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12501 — Actions under national service laws to be subject to availability of appropriations

No action involving the obligation or expenditure of funds may be taken under one of the national service laws (as defined in section 12511(15) 11 See References in Text note below. of this title) unless and until the Corporation for National and Community Service has sufficient appropriations available at the time such action is taken to satisfy the obligation to be incurred or make the expenditure to be made.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12594 — Terms of service

**(a) In general** As a condition of receiving a national service education award under division D, a participant in an approved national service position shall be required to perform full- or part-time national service for at least one term of service specified in subsection (b). **(b) Term of service** (1) **Full-time service** — An individual performing full-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 1,700 hours during a period of not more than 1 year. (2) **Part-time service** — Except as provided in paragraph (3), an individual performing part-time national service in an approved national service position shall agree to participate in the program sponsoring the position for not less than 900 hours during a period of not more than 2 years. (3) **Reduction in hours of part-time service** — The Corporation may reduce the number of hours required to be served to successfully complete part-time national service to a level determined by the Corporation, except that any reduction in the required term of service shall include a corresponding reduction in the amount of any national service educational award that may be available under division D with regard to that service. (4) **Extension of term for disaster purposes** (A) *Extension* — An individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or [section 12613(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12613/d&num=0&edition=prelim) or in [section 4954 of this title](https:

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12595 — National service educational awards

Page 8342 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12595 care policy may be substituted for the basic health care policy, and mechanisms to pro- hibit participants from dropping existing cov- erage. (2) Option A State or other recipient of assistance under section 12571 of this title 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 min- imum standards established by the Corpora- tion, 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 sub- section 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 reason- able accommodation, including auxiliary aids and services (as defined in section 12102(1) 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). (Pub. L. 101–61

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