Sec. 404. special limitations
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## Sec. 404 special limitations ###
(a)The Director shall prescribe regulations and shall carry out the provisions of this Act so as to assure that the service of volunteers assigned, referred, or serving pursuant to grants, contracts, or agreements made under this Act is limited to activities which would not otherwise be performed by employed workers or other volunteers (not including participants under this Act and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)), and which will not supplant the hiring of or result in the displacement of employed workers or other volunteers (not including participants under this Act and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),,9 or impair existing contracts for service. 9Two commas in section 404(a) so in law. See amendment made by section 2151 of Public Law 111–13. ###
(b)All support, including transportation provided to volunteers under this Act, shall be furnished at the lowest possible costs consistent with the effective operation of volunteer programs. ###
(c)No agency or organization to which volunteers are assigned hereunder, or which operates or supervises any voluntary 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)No funds authorized to be appropriated herein shall be directly or indirectly utilized to finance labor or anti-labor organization or related activity. ###
(e)Persons serving as volunteers under this Act 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 Act. 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 Act who wish to become volunteers as the Director determines will further the purposes of this Act. ###
(f)####
(1)Notwithstanding any other provision of law except as may be provided expressly in limitation of this subsection, payments to volunteers under this Act 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 title I of this Act 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. **[**[42 U.S.C. 5044](/us/usc/t42/s5044)**]** **[**Sec. 405 Repealed10**]** 10Section 405 was repealed by section 20 of Public Law 98–288, effective January 1, 1986.
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- Pub. L. 111-13
- Pub. L. 98-288
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Sec. 404
special limitations
Pub. L.Pub. L. 111-13
Pub. L.Pub. L. 98-288
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