Page:United States Statutes at Large Volume 104 Part 4.djvu/847

 PUBLIC LAW 101-610—NOV. 16, 1990 104 STAT. 3163 SEC. 177. NONDUPLICATION AND NONDISPLACEMENT. 42 USC 12637. (a) NONDUPUCATION. — (1) IN GENERAL.—Assistance provided under this title 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 this title 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 0)) are met. (Jo) NONDISPLACEMENT.— (1) IN GENERAL.— An employer shall not displace an employee or position, 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 this title. (2) SERVICE OPPORTUNITIES. — A service opportunity shall not be created under this title that will infringe in any manner on the promotional opportunity of an employed individual. (8) LIMITATION ON SERVICES.— (A) DupucATiON OF SERVICES. —A participant in a program receiving assistance under this title 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 this title shall not perform any services or duties or engage in activities that will supplant the hiring of employed workers. (C) DUTIES FORMERLY PERFORMED BY ANOTHER EM- PLOYEE. — A participant in any program receiving assistance under this title 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 is subject to a reduction in force; (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 IITFORMATION. —The Secretary of Labor shall make available to the Commission and to any program agency under this title such labor market information as is appropriate for use in carrying out the purposes of this title. (d) TREATMENT OF BENEFITS. — Section 142(b) of the Job Training Partnership Act shall apply to the projects conducted under this title as such projects were conducted under the Job Training Partnership Act. (e) STANDARDS OF C!ONDUCT. — Programs that receive assistance under this title shall establish and stringently enforce standards of conduct at the program site to promote proper moral and disciplinary conditions.

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