42 U.S.C. § 4955 — Support services

Page 6265 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4955 ‘‘(C) not more than 1 percent of the total number of such volunteers serving for the fiscal year involved may receive such extensions. ‘‘(2) [probably should be (3)] DURATION OF AUTHOR- ITY.—The authority established in paragraph (1) shall be effective only for fiscal years 1990 through 1993.’’ § 4955. Support services (a) Stipend; limitation; volunteer leaders; pay- ment 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 dur- ing 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 ex- tended period of service not totaling one year. (B) Such stipend shall be set at a rate that is not less than a minimum of $125 per month and not more than a maximum of $150 per month, subject to the availability of funds to provide such a maximum rate. The Director may provide a stipend set at a rate that is not more than a maximum of $250 per month in the case of per- sons 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 des- ignated volunteer leaders on the basis of experi- ence and special skills and a demonstrated lead- ership 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 com- pletion of a period of service, except that under such circumstances as the Director shall deter- mine, 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 dur- ing 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 serv- ices; determination of allowance; adjust- ments; 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, super- vision, pre-service training and where appro- priate in-service training, technical assistance, and such other support as the Director deems necessary and appropriate to carry out the pur- pose and provisions of this part, and shall insure that each such volunteer has available such al- lowances and support as will enable the volun- teer 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 al- lowance 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 fis- cal year; and (B) the average subsistence allowance, ex- cluding allowances for Hawaii, Guam, Amer- ican 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 cur- rent. (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 sub- section and the value of any child care allow- ance to be provided. (Pub. L. 93–113, title I, § 105, Oct. 1, 1973, 87 Stat. 398; Pub. L. 94–130, § 5(a), Nov. 14, 1975, 89 Stat. 684; Pub. L. 96–143, § 3, Dec. 13, 1979, 93 Stat. 1074; Pub. L. 98–288, § 6, May 21, 1984, 98 Stat. 191; Pub. L. 99–551, § 10(i)(1), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 101–204, title I, § 102, Dec. 7, 1989, 103 Stat. 1811; Pub. L. 103–82, title III, § 325, Sept. 21, 1993, 107 Stat. 901; Pub. L. 111–13, title II, § 2103, Apr. 21, 2009, 123 Stat. 1583.) Editorial Notes REFERENCES IN TEXT The National and Community Service Act of 1990, re- ferred to in subsec. (a)(1)(C), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitle D of title I of the Act is classified generally to division D (§ 12601 et seq.) of sub- chapter I of chapter 129 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. AMENDMENTS 2009—Subsec. (a)(1)(B). Pub. L. 111–13 substituted ‘‘Such stipend shall be set at a rate that is not less than a minimum of $125 per month and not more than a maximum of $150 per month, subject to the avail- ability of funds to provide such a maximum rate.’’ for ‘‘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.’’ and ‘‘stipend set at a rate that is not more than a maximum of $250 per month’’ for ‘‘stipend of a max- imum of $200 per month’’. Page 6266 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4956 1993—Subsec. (a)(1). Pub. L. 103–82, § 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 vol- unteer’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 ac- cordance with standards established in regulations which the Director shall prescribe, have been des- ignated volunteer leaders on the basis of experience and special skills and a demonstrated leadership among volunteers.’’ Subsec. (b)(3). Pub. L. 103–82, § 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, § 325(b)(2), struck out par. (4) which read as follows: ‘‘The Director, in coordi- nation with regional and State offices of the ACTION Agency and taking into account paragraphs (2) and (3), shall establish a method for setting subsistence allow- ances. 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 enact- ment of the fiscal year 1990 appropriation.’’ Subsec. (c). Pub. L. 103–82, § 325(c), added subsec. (c). 1989—Subsec. (a)(1). Pub. L. 101–204, § 102(1), sub- stituted ‘‘$75 per month in fiscal year 1990, $90 per month in fiscal year 1991, and $95 per month in subse- quent fiscal years’’ for ‘‘$75 per month’’ in two places. Subsec. (b). Pub. L. 101–204, § 102(2), designated exist- ing provisions as par. (1), substituted ‘‘places of train- ing 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 Di- rector’’ 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 ac- crued stipend, may be paid to the volunteer, or, on be- half 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 Direc- tor 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. 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 Pub. L. 94–130, § 5(b), Nov. 14, 1975, 89 Stat. 684, as amended by Pub. L. 96–143, § 17, Dec. 13, 1979, 93 Stat. 1082, authorized additional appropriations, beyond those authorized pursuant to section 5081 of this title, to carry out the amendment made to this section by section 5(a) of Pub. L. 94–130. § 4956. Participation of program beneficiaries To the maximum extent practicable, the peo- ple of the communities to be served by volun- teers under this subchapter shall participate in planning, developing, and implementing pro- grams thereunder, and the Director, after con- sultation with sponsoring agencies (including volunteers assigned to them) and the people served by such agencies, shall establish in regu- lations, a continuing mechanism for the mean- ingful participation of such program bene- ficiaries. (Pub. L. 93–113, title I, § 106, Oct. 1, 1973, 87 Stat. 398; Pub. L. 98–288, § 7, May 21, 1984, 98 Stat. 191.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–288 substituted ‘‘establish in regula- tions’’ for ‘‘take all necessary steps to establish, in reg- ulations he shall prescribe’’. § 4957. Participation of younger and older per- sons In carrying out this part and part C, the Direc- tor shall take necessary steps, including the de- velopment of special projects, where appro- priate, to encourage the fullest participation of individuals 18 through 27 years of age, and indi- viduals 55 years of age and older, in the various programs and activities authorized under such parts. (Pub. L. 93–113, title I, § 107, Oct. 1, 1973, 87 Stat. 399; Pub. L. 103–82, title III, § 326, Sept. 21, 1993, 107 Stat. 901.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–82 amended section generally. Prior to amendment, section read as follows: ‘‘In carrying out this part and part C of this subchapter, the Direc- tor shall take necessary steps, including the develop- ment of special projects, where appropriate, to encour- age the fullest participation of older persons and older persons membership groups as volunteers and partici- pant agencies in the various programs and activities authorized under such parts and, because of the high proportion of older persons within the poverty group, shall encourage the development of a variety of volun- teer services to older persons, including special projects, to assure that such persons are served in pro- portion to their need.’’ Statutory Notes and Related Subsidiaries 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. § 4958. Limitation on funds appropriated for grants and contracts for direct cost of sup- porting volunteers in programs or projects (a) Of funds appropriated for the purpose of this part under section 5081 of this title, not