§ 5044. Special limitations

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1973

   Domestic Volunteer Service Act of 1973

   Pub. L. 93–113 title IV § 404 · 87 Stat. 394

   Enacted · 42 U.S.C. § 5044

   Pub. L. 93–113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408

   Source evidence

   Code source credit
   Pub. L. 93–113, title IV, § 404, Oct. 1, 1973, 87 Stat. 408

   Enacted provision · exact public law section
   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 and which will not supplant the hiring of or result in the displacement of employed workers, or impair existing contracts for service. (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 volunteer program hereunder, shall request or receive any compensation 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 antilabor 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 he determines will further the purposes of this Act. (f) Not withstanding any other provision of law and except as Compensation conversion requirement. provided in the second sentence of this subsection, the Director shall assign or delegate any substantial responsibility for carrying out programs under this Act only to persons appointed or employed pursuant to clauses (1) and (2) of section 402, and persons assigned or delegated such substantial responsibilities on the effective date of this Act and who are receiving compensation in accordance with provisions of law other than the applicable provisions of title 5, United States Code, 5 USC 101 et seq. on such date shall, by operation of law on such date, be assigned a grade level pursuant to such Utter 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. The Director may Exceptions. personally make exceptions to the requirement 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 the effective date of this Act. 75 Stat. 612. (g) Notwithstanding any other provision of law except as may Government assistance, eligibility. 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.

2. 1979

   Domestic Volunteer Service Act Amendments of 1979

   Pub. L. 96–143 § 9 · 93 Stat. 1074

   1. Amended · 42 U.S.C. § 5044(g)

      Pub. L. 96–143 designated existing provisions as par. (1)

   2. Inserted · 42 U.S.C. § 5044(g)

      Pub. L. 96–143 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”

   3. Added · 42 U.S.C. § 5044(g)

      Pub. L. 96–143 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 9. special limitations Section 404(g) of the Act is amended by— 42 USC 5044. (1) inserting “(1)” after “(g)”; (2) inserting before the period at the end of such paragraph (as Minimum wage. so redesignated in clause (1) of this section) a comma and “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”; and (3) adding at the end the following new paragraph: “(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 42 USC 4951. 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.”.

3. 1984

   Pub. L. 98–288 § 19 · 98 Stat. 189

   1. Struck · 42 U.S.C. § 5044(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”

   2. Struck · 42 U.S.C. § 5044(f)

      Pub. L. 98–288 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   Sec. 19. special limitations Section 404(f) of the Act is amended— 42 USC 5044. (1) by striking out “and except as provided in the second sentence of this subsection” in the first sentence; and (2) by striking out the second sentence.

4. 1986

   Domestic Volunteer Service Act Amendments of 1986

   Pub. L. 99–551 § 10(i)(7) · 100 Stat. 3071

   Substituted · 42 U.S.C. § 5044(e)

   Pub. L. 99–551 substituted “the Director” for “he” before “determines will”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–551 substituted “the Director” for “he” before “determines will”.

   Enacted provision · exact public law section
   (7) 42 USC 5044. Section 404(e) of the Act is amended by striking out “he” and inserting in lieu thereof “the Director”.

5. 1993

   Domestic Volunteer Service Act Amendments of 1993

   Pub. L. 103–82 § 364(1) · 107 Stat. 785

   Inserted · 42 U.S.C. § 5044(c)

   Pub. L. 103–82, § 364(1), inserted “from such volunteers or from beneficiaries” after “compensation”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–82, § 364(1), inserted “from such volunteers or from beneficiaries” after “compensation”.

   Enacted provision · exact public law section
   (1) in subsection (c), by inserting “from such volunteers or from beneficiaries” after “compensation”;

6. 1993

   Domestic Volunteer Service Act Amendments of 1993

   Pub. L. 103–82 § 364(2) · 107 Stat. 785

   1. Redesignated · 42 U.S.C. § 5044(f); 42 U.S.C. § 5044(g)

      Pub. L. 103–82, § 364(2), (3), redesignated subsec. (g) as (f)

   2. Struck · 42 U.S.C. § 5044(f); 42 U.S.C. § 5044(g)

      Pub. L. 103–82, § 364(2), (3), 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.”

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 103–82, § 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.”

   Enacted provision · exact public law section
   (2) by striking subsection (f); and

7. 2009

   Serve America Act

   Pub. L. 111–13 title II § 2151 · 123 Stat. 1460

   Inserted · 42 U.S.C. § 5044(a)

   Pub. L. 111–13 inserted “or other volunteers (not including participants under this chapter and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),” after “employed workers” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–13 inserted “or other volunteers (not including participants under this chapter and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)),” after “employed workers” in two places.

   Enacted provision · exact public law section
   SEC. 2151. SPECIAL LIMITATIONS.   Section 404(a) (42 U.S.C. 5044(a)) is amended by inserting “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.)),” after “employed workers” both places such term appears.

   Effective date note
   Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

11 of 11 references resolved to an enrolled provision