---
kind: "section"
citation: "42 U.S.C. § 12655l"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12655l"
heading: "Living allowance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12655l"
units:
  - "Chapter 129 — National and Community Service"
  - "Subchapter I — National and Community Service State Grant Program"
  - "Division I — American Conservation and Youth Service Corps"
---

# §12655l. Living allowance

- (a) **Full-time service—**
  - (1) **Living allowance required—** Subject to [paragraph (3)](#a-3), each participant in a full-time youth [corps](/usc/42/12626.md?p=3) [program](/usc/42/12626.md?p=8) 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](/usc/42/4955.md).
  - (2) **Limitation on Federal share—** The amount of the annual living allowance provided under [paragraph (1)](#a-1) that may be paid using assistance provided under this division, [section 12571 of this title](/usc/42/12571.md), 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](/usc/42/4955.md).
  - (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](/usc/42/12626.md?p=3) [program](/usc/42/12626.md?p=8) 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](/usc/42/4955.md).
  - (4) **Waiver or reduction of living allowance—** The [Corporation](/usc/42/2297h.md?p=2) may waive or reduce the requirement of [paragraph (1)](#a-1) with respect to such national service [program](/usc/42/12626.md?p=8) if such [program](/usc/42/12626.md?p=8) demonstrates that—
    - (A) such requirement is inconsistent with the objectives of the [program](/usc/42/12626.md?p=8); 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](/usc/42/12626.md?p=8) is located.
  - (5) **Exemption—** The requirement of [paragraph (1)](#a-1) shall not apply to any [program](/usc/42/12626.md?p=8) 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](/usc/42/12626.md?p=8) in existence on November 16, 1990, to decrease any stipends, salaries, or living allowances provided to participants under such [program](/usc/42/12626.md?p=8) 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](/usc/29/201.md) et seq.], residential youth [corps](/usc/42/12626.md?p=3) [programs](/usc/42/12626.md?p=8) under this division will be considered an organized camp.
- (c) **Health insurance—** In addition to the living allowance provided under [subsection (a)](#a), [program](/usc/42/12626.md?p=8) [agencies](/usc/42/8262.md?p=1) are encouraged to provide health insurance to each participant in a full-time youth [corps](/usc/42/12626.md?p=3) [program](/usc/42/12626.md?p=8) who does not otherwise have access to health insurance.
- (d) **Facilities, services, and supplies—**
  - (1) **In general—** The [program](/usc/42/12626.md?p=8) [agency](/usc/42/8262.md?p=1) may deduct, from amounts provided under [subsection (a)](#a) to a participant, a reasonable portion of the costs of the rates for any room and [board](/usc/42/12626.md?p=1) 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](/usc/42/12626.md?p=1) for participants.
  - (2) **Evaluation—** The [program](/usc/42/12626.md?p=8) [agency](/usc/42/8262.md?p=1) shall establish the amount of the deductions and rates under [paragraph (1)](#d-1) after evaluating the costs of providing such room and [board](/usc/42/12626.md?p=1) to the participant.
  - (3) **Duties of program agency—** A [program](/usc/42/12626.md?p=8) [agency](/usc/42/8262.md?p=1) may provide facilities, quarters, and [board](/usc/42/12626.md?p=1) 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](/usc/42/2297h.md?p=2) may provide services, facilities, supplies, and equipment, including any surplus food and equipment available from other Federal [programs](/usc/42/12626.md?p=8), to any [program](/usc/42/12626.md?p=8) [agency](/usc/42/8262.md?p=1) carrying out [projects](/usc/42/13641.md?p=2) under this division.
    - (B) **Secretary of Defense—** Whenever possible, the [Corporation](/usc/42/2297h.md?p=2) shall make arrangements with the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/2297h.md?p=2) and [program](/usc/42/12626.md?p=8) [agencies](/usc/42/8262.md?p=1) shall establish standards and enforcement procedures concerning the health and safety of participants for all [projects](/usc/42/13641.md?p=2), consistent with Federal, [State](/usc/42/12522.md?p=1), 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.)

## Notes

### Editorial Notes

### References in Text

The Fair Labor Standards Act of 1938, referred to in subsec. (b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified principally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

### Codification

Section was formerly classified to section 12553 of this title prior to renumbering by Pub. L. 103–82, § 101(a).

### Amendments

1993—Subsec. (a). Pub. L. 103–82, § 101(d), added pars. (1) to (5) and struck out former pars. (1) and (2) which read as follows:

“(1) In general.—From assistance provided under this part, each participant in a full-time youth corps program that receives assistance under this part shall receive a living allowance of not more than an amount equal to 100 percent of the poverty line for a family of two (as defined in section 9902(2) of this title).

“(2) Non-federal sources.—Notwithstanding paragraph (1), a program agency may provide participants with additional amounts that are made available from non-Federal sources.”

Subsec. (d)(4)(A), (B), (5). Pub. L. 103–82, § 101(e)(1), substituted “Corporation” for “Commission”.

1991—Subsec. (d)(1). Pub. L. 102–10 substituted “subsection (a)” for “subsections (a) and (c)”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.