
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12637]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division F--Administrative Provisions
 
Sec. 12637. Nonduplication and nondisplacement


(a) Nonduplication

                           (1) In general

        Assistance provided under this subchapter shall be used only for 
    a program that does not duplicate, and is in addition to, an 
    activity otherwise available in the locality of such program.

                    (2) Private nonprofit entity

        Assistance made available under this subchapter shall not be 
    provided to a private nonprofit entity to conduct activities that 
    are the same or substantially equivalent to activities provided by a 
    State or local government agency that such entity resides in, unless 
    the requirements of subsection (b) of this section are met.

(b) Nondisplacement

                           (1) In general

        An employer shall not displace an employee or position, 
    including partial displacement such as reduction in hours, wages, or 
    employment benefits, as a result of the use by such employer of a 
    participant in a program receiving assistance under this subchapter.

                      (2) Service opportunities

        A service opportunity shall not be created under this subchapter 
    that will infringe in any manner on the promotional opportunity of 
    an employed individual.

                     (3) Limitation on services

        (A) Duplication of services

            A participant in a program receiving assistance under this 
        subchapter shall not perform any services or duties or engage in 
        activities that would otherwise be performed by an employee as 
        part of the assigned duties of such employee.

        (B) Supplantation of hiring

            A participant in any program receiving assistance under this 
        subchapter shall not perform any services or duties, or engage 
        in activities, that--
                (i) will supplant the hiring of employed workers; or
                (ii) are services, duties, or activities with respect to 
            which an individual has recall rights pursuant to a 
            collective bargaining agreement or applicable personnel 
            procedures.

        (C) Duties formerly performed by another employee

            A participant in any program receiving assistance under this 
        subchapter shall not perform services or duties that have been 
        performed by or were assigned to any--
                (i) presently employed worker;
                (ii) employee who recently resigned or was discharged;
                (iii) employee who--
                    (I) is subject to a reduction in force; or
                    (II) has recall rights pursuant to a collective 
                bargaining agreement or applicable personnel procedures;

                (iv) employee who is on leave (terminal, temporary, 
            vacation, emergency, or sick); or
                (v) employee who is on strike or who is being locked 
            out.

(c) Labor market information

    The Secretary of Labor shall make available to the Corporation and 
to any program agency under this subchapter such labor market 
information as is appropriate for use in carrying out the purposes of 
this subchapter.

(d) Treatment of benefits

    Allowances, earnings, and payments to individuals participating in 
programs that receive assistance under this subchapter shall not be 
considered to be income for the purposes of determining eligibility for 
and the amount of income transfer and in-kind aid furnished under any 
Federal or federally assisted program based on need, other than as 
provided under the Social Security Act (42 U.S.C. 301 et seq.).

(e) Standards of conduct

    Programs that receive assistance under this subchapter shall 
establish and stringently enforce standards of conduct at the program 
site to promote proper moral and disciplinary conditions.

(Pub. L. 101-610, title I, Sec. 177, Nov. 16, 1990, 104 Stat. 3163; Pub. 
L. 103-82, title I, Sec. 117, title IV, Sec. 402(b)(1), Sept. 21, 1993, 
107 Stat. 864, 918; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(42)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427.)

                       References in Text

    The Social Security Act, referred to in subsec. (d), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended, which is classified generally 
to chapter 7 (Sec. 301 et seq.) of this title. For complete 
classification of this Act to the Code, see section 1305 of this title 
and Tables.


                               Amendments

    1998--Subsec. (d). Pub. L. 105-277 amended heading and text of 
subsec. (d) generally. Prior to amendment, text read as follows: 
``Section 142(b) of the Job Training Partnership Act shall apply to the 
projects conducted under this subchapter as such projects were conducted 
under the Job Training Partnership Act.''
    1993--Subsec. (b)(3)(B). Pub. L. 103-82, Sec. 117(1), amended 
heading and text of subpar. (B) generally. Prior to amendment, text read 
as follows: ``A participant in any program receiving assistance under 
this subchapter shall not perform any services or duties or engage in 
activities that will supplant the hiring of employed workers.''
    Subsec. (b)(3)(C)(iii). Pub. L. 103-82, Sec. 117(2), amended cl. 
(iii) generally. Prior to amendment, cl. (iii) read as follows: 
``employee who is subject to a reduction in force;''.
    Subsec. (c). Pub. L. 103-82, Sec. 402(b)(1), substituted 
``Corporation'' for ``Commission''.


                    Effective Date of 1993 Amendment

    Amendment by section 117 of 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.
    Amendment by section 402(b)(1) of Pub. L. 103-82 effective Oct. 1, 
1993, see section 406(a) of Pub. L. 103-82, set out as a note under 
section 5061 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12525, 12526, 12544, 12561, 
12583, 12632, 12636, 12653c, 12656 of this title; title 16 section 1728.
