
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5044]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER IV--ADMINISTRATION AND COORDINATION
 
Sec. 5044. Special limitations


(a) Volunteer activities; limitation

    The Director shall prescribe regulations and shall carry out the 
provisions of this chapter so as to assure that the service of 
volunteers assigned, referred, or serving pursuant to grants, contracts, 
or agreements made under this chapter is limited to activities which 
would not otherwise be performed by employed workers and which will not 
supplant the hiring of or result in the displacement of employed 
workers, or impair existing contracts for service.

(b) Support costs

    All support, including transportation provided to volunteers under 
this chapter, shall be furnished at the lowest possible costs consistent 
with the effective operation of volunteer programs.

(c) Compensation of supervising agencies or organizations

    No agency or organization to which volunteers are assigned 
hereunder, or which operates or supervises any volunteer program 
hereunder, shall request or receive any compensation from such 
volunteers or from beneficiaries for services of volunteers supervised 
by such agency or organization.

(d) Labor or antilabor organization activities; funds use prohibition

    No funds authorized to be appropriated herein shall be directly or 
indirectly utilized to finance labor or antilabor organization or 
related activity.

(e) Selection procedure

    Persons serving as volunteers under this chapter shall provide such 
information concerning their qualifications, including their ability to 
perform their assigned tasks, and their integrity, as the Director shall 
prescribe and shall be subject to such procedures for selection and 
approval as the Director determines are necessary to carry out the 
purposes of this chapter. The Director may establish such special 
procedures for the recruitment, selection, training, and assignment of 
low-income residents of the area to be served by a program under this 
chapter who wish to become volunteers as the Director determines will 
further the purposes of this chapter.

(f) Government assistance; eligibility; special limitations

    (1) Notwithstanding any other provision of law except as may be 
provided expressly in limitation of this subsection, payments to 
volunteers under this chapter shall not in any way reduce or eliminate 
the level of or eligibility for assistance or services any such 
volunteers may be receiving under any governmental program, except that 
this paragraph shall not apply in the case of such payments when the 
Director determines that the value of all such payments, adjusted to 
reflect the number of hours such volunteers are serving, is equivalent 
to or greater than the minimum wage then in effect under the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.) or the minimum wage, under 
the laws of the State where such volunteers are serving, whichever is 
the greater.
    (2) Notwithstanding any other provision of law, a person enrolled 
for full-time service as a volunteer under subchapter I of this chapter 
who was otherwise entitled to receive assistance or services under any 
governmental program prior to such volunteer's enrollment shall not be 
denied such assistance or services because of such volunteer's failure 
or refusal to register for, seek, or accept employment or training 
during the period of such service.

(Pub. L. 93-113, title IV, Sec. 404, Oct. 1, 1973, 87 Stat. 408; Pub. L. 
96-143, Sec. 9, Dec. 13, 1979, 93 Stat. 1077; Pub. L. 98-288, Sec. 19, 
May 21, 1984, 98 Stat. 195; Pub. L. 99-551, Sec. 10(i)(7), Oct. 27, 
1986, 100 Stat. 3078; Pub. L. 103-82, title III, Sec. 364, Sept. 21, 
1993, 107 Stat. 908.)

                       References in Text

    The Fair Labor Standards Act of 1938, referred to in subsec. (f)(1), 
is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is 
classified generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. 
For complete classification of this Act to the Code, see section 201 of 
Title 29 and Tables.


                               Amendments

    1993--Subsec. (c). Pub. L. 103-82, Sec. 364(1), inserted ``from such 
volunteers or from beneficiaries'' after ``compensation''.
    Subsecs. (f), (g). Pub. L. 103-82, Sec. 364(2), (3), redesignated 
subsec. (g) as (f) and struck out former subsec. (f) which read as 
follows: ``Notwithstanding any other provision of law, the Director 
shall assign or delegate any substantial responsibility for carrying out 
programs under this chapter only to persons appointed or employed 
pursuant to clauses (1) and (2) of section 5042 of this title, and 
persons assigned or delegated such substantial responsibilities on 
October 1, 1973, and who are receiving compensation in accordance with 
provisions of law other than the applicable provisions of title 5 on 
such date shall, by operation of law on such date, be assigned a grade 
level pursuant to such latter provisions so as to fix the compensation 
of such persons under such authority at no less than their compensation 
rate on the day preceding such date.''
    1986--Subsec. (e). Pub. L. 99-551 substituted ``the Director'' for 
``he'' before ``determines will''.
    1984--Subsec. (f). Pub. L. 98-288 struck out ``and except as 
provided in the second sentence of this subsection'' after 
``Notwithstanding any other provision of law'' and struck out ``The 
Director may personally make exceptions to the requirements set forth in 
the first sentence of this subsection for persons he finds will be 
assigned to carrying out functions under the Peace Corps Act (22 U.S.C. 
2501 et seq.) within six months after October 1, 1973.''
    1979--Subsec. (g). Pub. L. 96-143 designated existing provisions as 
par. (1), inserted ``, except that this paragraph shall not apply in the 
case of such payments when the Director determines that the value of all 
such payments, adjusted to reflect the number of hours such volunteers 
are serving, is equivalent to or greater than the minimum wage then in 
effect under the Fair Labor Standards Act of 1938 or the minimum wage, 
under the laws of the State where such volunteers are serving, whichever 
is the greater'' after ``governmental program'', and added par. (2).


                    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.
