42 U.S.C. § 12637 — Nonduplication and nondisplacement

(a) Nonduplication Money under the national service laws can only fund a program that doesn't copy something already offered locally; it must add something new. And this money generally can't go to a private nonprofit group to do essentially the same work a state or local government agency in that area already does — unless the nondisplacement rules in subsection (b) are followed. (b) Nondisplacement An employer can't use a national-service participant to push out a paid employee, an existing position, or a volunteer. That includes partial harm, like cutting someone's hours, pay, or benefits. A new service role can't be created if it would hurt a current employee's chance at promotion. A participant can't do the same work an employee is already assigned to do (duplication), and can't take work that would replace hiring an employee or that belongs to someone with recall rights under a union contract or personnel rules (supplantation). A participant also can't take over duties that belonged to: someone currently employed; someone who recently quit or was fired; someone facing a layoff or with recall rights; someone on any kind of leave; or someone on strike or locked out. (c) Labor market information The Secretary of Labor must share relevant labor-market data with the Corporation and program agencies, to help them follow these rules. (d) Treatment of benefits Money participants earn through these programs — allowances, earnings, payments — doesn't count as income when figuring out eligibility for other need-based federal or federally assisted aid, except under the Social Security Act. (e) Standards of conduct Programs getting this assistance must set and strictly enforce rules of conduct at their sites, to keep things morally and disciplinarily in order. (f) Parental involvement Programs serving children must talk with parents or guardians while planning and running those programs. Before transporting a minor, a program must tell the parents why and get their written permission, following state law.