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42 U.S.C. § 12638 — Nonduplication and nondisplacement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonduplication**
(1) **In general** — Assistance provided under the national service laws 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 the national service laws 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) are met.
**(b) Nondisplacement**
(1) **In general** — An employer shall not displace an employee, position, or volunteer (other than a participant under the national service laws), 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 the national service laws.
(2) **Service opportunities** — A service opportunity shall not be created under the national service laws 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 the national service laws 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 the national service laws 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 respec
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12638
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Stable record: federal_law:legal_authorities:record_usc_86b48b7a0a90328a99ca4c32
Source file: Laws/federal/codes/united-states-code/title-42/section-12638-nonduplication-and-nondisplacement--13bdea977e.md
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Source location: Title 42, Chapter 129, § 12638; chapter-129-national-and-community-service.md
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**(a) Nonduplication**
(1) **In general** — Assistance provided under the national service laws 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 the national service laws 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) are met.
**(b) Nondisplacement**
(1) **In general** — An employer shall not displace an employee, position, or volunteer (other than a participant under the national service laws), 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 the national service laws.
(2) **Service opportunities** — A service opportunity shall not be created under the national service laws 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 the national service laws 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 the national service laws 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 the national service laws 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) 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.
**(f) Parental involvement**
(1) **In general** — Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children.
(2) **Parental permission** — Programs that receive assistance under the national service laws shall, before transporting minor children, provide the children’s parents with the reason for the transportation and obtain the parents’ written permission for such transportation, consistent with State law.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–113, title IV, § 420, Oct. 1, 1973, 87 Stat. 414; Pub. L. 96–143, § 13(a), Dec. 13, 1979, 93 Stat. 1080; Pub. L. 98–288, § 26, May 21, 1984, 98 Stat. 196, set out requirements for prescribing regulations.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under [section 4951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4951&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5061
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services (hereinafter referred to as the “Secretary”), State plans for old-age assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Adult volunteer** — The term “adult volunteer” means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—
(A) works without financial remuneration in an educational institution to assist students or out-of-school youth; and
(B) is beyond the age of compulsory school attendance in the State in which the educational institution is located.
(2) **Alaska Native-serving institution** — The term “Alaska Native-serving institution” has the meaning given the term in [section 1059d(b) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d/b&num=0&edition=prelim).
(3) **Approved national service position** — The term “approved national service position” means a national service position for which the Corporation has approved the provision of a national service educational award described in [section 12603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12603&num=0&edition=prelim) as one of the benefits to be provided for successful service in the position.
(4) **Approved silver scholar position** — The term “approved silver scholar position” means a position, in a program described in [section 12653c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12653c/a&num=0&edition=prelim), for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful service in the position.
(5) **Approved summer of service position** — The term “approved summer of service position” means a position, in a program described in [section 12563(
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Support for State Commissions**
(1) **Grants authorized** — From amounts appropriated for a fiscal year pursuant to the authorization of appropriation in [section 12681(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12681/a/5&num=0&edition=prelim), the Corporation may make a grant in an amount between $250,000 and $1,000,000 to a State to assist the State to establish or operate the State Commission on National and Community Service required to be established by the State under [section 12638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638&num=0&edition=prelim).
(2) **Matching requirement** — In making a grant to a State under this subsection, the Corporation shall require the State to agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant.
(3) **Alternative** — Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows:
(A) *First $100,000* — For the first $100,000 of grant funds provided by the Corporation, the State involved shall not be required to provide matching funds.
(B) *Amounts greater than $100,000* — For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000.
(C) *Amounts greater than $250,000* — For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sourc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12581
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Existence required**
(1) **State Commission** — Except as provided in paragraph (2), to be eligible to receive a grant or allotment under division B or C or to receive a distribution of approved national service positions under division C, a State shall maintain a State Commission on National and Community Service that satisfies the requirements of this section.
(2) **Alternative administrative entity** — The chief executive officer of a State may apply to the Corporation for approval to use an alternative administrative entity to carry out the duties otherwise entrusted to a State Commission under this chapter. The chief executive officer shall ensure that any alternative administrative entity used in lieu of a State Commission provides for the individuals described in paragraph (1), and some of the individuals described in paragraph (2), of subsection (c) to play a significant policymaking role in carrying out the duties otherwise entrusted to a State Commission, including the submission of applications on behalf of the State under [section 12582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12582&num=0&edition=prelim).
**(b) Appointment and size** Except as provided in subsection (c)(3), the members of a State Commission for a State shall be appointed by the chief executive officer of the State. A State Commission shall consist of not fewer than 15, and not more than 25, voting members, and any ex officio nonvoting members, as described in paragraph (3) or (4) of subsection (c).
**(c) Composition and membership**
(1) **Required members** — The State Commission for a State shall include as voting members at least one of each of the following individuals:
(A) An individual with expertise in the educational, tra
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12639
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under [section 12651f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12651f/c&num=0&edition=prelim).
**(b) Duties** Each State office established pursuant to subsection (a) shall—
(1) provide to the State Commissions established under [section 12638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638&num=0&edition=prelim) technical and other assistance for the development and implementation of national service plans under [section 12638(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638/e/1&num=0&edition=prelim);
(2) provide to community-based agencies and other entities within the State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 12653a 11 See References in Text note below. of this title;
(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State;
(4) monitor and evaluate the performance of all programs and projects within the State that re
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Foster Grandparent projects; amount** The Director is authorized to make grants to or contracts with public and nonprofit private agencies and organizations to pay part or all of the cost of development and operation of projects (including direct payments to individuals serving under this part) designed for the purpose of providing opportunities for low-income persons age 55 or over to provide supportive person-to-person services in health, education, welfare, and related settings to children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development. Such services may include services by individuals serving as foster grandparents to children who are individuals with disabilities, who have chronic health conditions, who are receiving care in hospitals, who are residing in homes for dependent and neglected children, or who are receiving services provided by day care centers, schools, early intervention programs under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.), Head Start agencies under the Head Start Act [[42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&edition=prelim) et seq.], or other programs, establishments, and institutions providing services for children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development. Individual foster grandparents may provide person-to-person services to one or more children, depending on the needs of the project and local site. The Director may approve assistance in excess of 90 per centum of the costs
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5013
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