Older American community service employment program Statute

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42 U.S. Code § 3056 - Older American community service employment program | U.S. Code | US Law | LII / Legal Information Institute

LII > U.S. Code > Title 42 > CHAPTER 35 > SUBCHAPTER IX > § 3056

42 U.S. Code § 3056 - Older American community
service employment program
U.S. Code

Notes

(a) I
(1) E
To foster individual economic self-sufficiency and promote useful
opportunities in community service activities (which shall include
community service employment) for unemployed low-income persons
who are age 55 or older, particularly persons who have poor
employment prospects, and to increase the number of persons who
may enjoy the benefits of unsubsidized employment in both the public
and private sectors, the Secretary of Labor (referred to in this
subchapter as the “Secretary”) may establish an older American
community service employment program.
(2) U
Amounts appropriated to carry out this subchapter shall be used only to
carry out the provisions contained in this subchapter.
(b) G
(1) P
To carry out this subchapter, the Secretary may make grants to
public and nonprofit private agencies and organizations, agencies of
a State, and tribal organizations to carry out the program
established under subsection (a). Such grants may provide for the
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payment of costs, as provided in subsection (c), of projects
developed by such organizations and agencies in cooperation with
the Secretary in order to make such program effective or to
supplement such program. The Secretary shall make the grants
from allotments made under section 3056d of this title, and in
accordance with section 3056l of this title. No payment shall be
made by the Secretary toward the cost of any project established
or administered by such an organization or agency unless the
Secretary determines that such project—
(A) will provide community service employment only for eligible
individuals except for necessary technical, administrative, and
supervisory personnel, and such personnel will, to the fullest extent
possible, be recruited from among eligible individuals;
(B)
(i) will provide community service employment and other
authorized activities for eligible individuals in the community in
which such individuals reside, or in nearby communities; or
(ii) if such project is carried out by a tribal organization that
receives a grant under this subsection or receives assistance
from a State that receives a grant under this subsection, will
provide community service employment and other authorized
activities for such individuals, including those who are Indians
residing on an Indian reservation, as defined in section 3501 of
title 25;
(C) will comply with an average participation cap for eligible
individuals (in the aggregate) of—
(i) 27 months; or
(ii) pursuant to the request of a grantee, an extended period of
participation established by the Secretary for a specific project
area for such grantee, up to a period of not more than 36
months, if the Secretary determines that extenuating
circumstances exist relating to the factors identified in section
3056k(a)(2)(E) of this title that justify such an extended period
for the program year involved;
(D) will employ eligible individuals in service related to publicly
owned and operated facilities and projects, or projects sponsored by
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nonprofit organizations (excluding political parties exempt from
taxation under section 501(c)(3) of title 26), but excluding projects
involving the construction, operation, or maintenance of any facility
used or to be used as a place for sectarian religious instruction or
worship;
(E) will contribute to the general welfare of the community, which
may include support for children, youth, and families;
(F) will provide community service employment and other
authorized activities for eligible individuals;
(G)
(i) will not reduce the number of employment opportunities or
vacancies that would otherwise be available to individuals not
participating in the program;
(ii) will not displace currently employed workers (including
partial displacement, such as a reduction in the hours of
nonovertime work, wages, or employment benefits);
(iii) will not impair existing contracts or result in the substitution
of Federal funds for other funds in connection with work that
would otherwise be performed; and
(iv) will not employ or continue to employ any eligible individual
to perform the same work or substantially the same work as that
performed by any other individual who is on layoff;
(H) will coordinate activities with training and other services
provided under title I of the Workforce Innovation and Opportunity
Act [29 U.S.C. 3111 et seq.], including utilizing the one-stop
delivery system of the local workforce development areas involved
to recruit eligible individuals to ensure that the maximum number of
eligible individuals will have an opportunity to participate in the
project;
(I) will include such training (such as work experience, on-the-job
training, and classroom training) as may be necessary to make the
most effective use of the skills and talents of those individuals who
are participating, and will provide for the payment of the reasonable
expenses of individuals being trained, including a reasonable
subsistence allowance equivalent to the wage described in
subparagraph (J);
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(J) will ensure that safe and healthy employment conditions will be
provided, and will ensure that participants employed in community
service and other jobs assisted under this subchapter will be paid
wages that shall not be lower than whichever is the highest of—
(i) the minimum wage that would be applicable to such a
participant under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), if section 6(a)(1) of such Act (29 U.S.C.
206(a)(1)) applied to the participant and if the participant were
not exempt under section 13 of such Act (29 U.S.C. 213);
(ii) the State or local minimum wage for the most nearly
comparable covered employment; or
(iii) the prevailing rates of pay for individuals employed in
similar public occupations by the same employer;
(K) will be established or administered with the advice of persons
competent in the field of service in which community service
employment or other authorized activities are being provided, and
of persons who are knowledgeable about the needs of older
individuals;
(L) will authorize payment for necessary supportive services costs
(including transportation costs) of eligible individuals that may be
incurred in training in any project funded under this subchapter, in
accordance with rules issued by the Secretary;
(M) will ensure that, to the extent feasible, such project will serve
the needs of minority and Indian eligible individuals, eligible
individuals with limited English proficiency, and eligible individuals
with greatest economic need, at least in proportion to their numbers
in the area served and take into consideration their rates of poverty
and unemployment;
(N)
(i) will prepare an assessment of the participants’ skills and
talents and their needs for services, except to the extent such
project has, for the participant involved, recently prepared an
assessment of such skills and talents, and such needs, pursuant
to another employment or training program (such as a program
under the Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.), the Carl D. Perkins Career and Technical Education
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Act of 2006 (20 U.S.C. 2301 et seq.), or part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.)) and will prepare a
related service strategy;
(ii) will provide training and employment counseling to eligible
individuals based on strategies that identify appropriate
employment objectives and the need for supportive services,
developed as a result of the assessment and service strategy
provided for in clause (i), and provide other appropriate
information regarding such project; and
(iii) will provide counseling to participants on their progress in
meeting such objectives and satisfying their need for supportive
services;
(O) will provide appropriate services for participants, or refer the
participants to appropriate services, through the one-stop delivery
system of the local workforce development areas involved as
established under section 121(e) of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3151(e)], and will be involved in the
planning and operations of such system pursuant to a memorandum
of understanding with the local workforce development board in
accordance with section 121(c) of such Act [29 U.S.C. 3151(c)];
(P) will post in such project workplace a notice, and will make
available to each person associated with such project a written
explanation—
(i) clarifying the law with respect to political activities allowable
and unallowable under chapter 15 of title 5 applicable to the
project and to each category of individuals associated with such
project; and
(ii) containing the address and telephone number of the
Inspector General of the Department of Labor, to whom
questions regarding the application of such chapter may be
addressed;
(Q) will provide to the Secretary the description and information
described in—
(i) clauses (ii) and (viii) of paragraph (2)(B), relating to
coordination with other Federal programs, of section 102(b) of

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the Workforce Innovation and Opportunity Act [29 U.S.C.
3112(b)]; and
(ii) paragraph (2)(C)(i), relating to implementation of one-stop
delivery systems, of section 102(b) of the Workforce Innovation
and Opportunity Act; and
(R) will ensure that entities that carry out activities under the
project (including State agencies, local entities, subgrantees, and
subcontractors) and affiliates of such entities receive an amount of
the administrative cost allocation determined by the Secretary, in
consultation with grantees, to be sufficient.
(2) R
The Secretary may establish, issue, and amend such regulations as
may be necessary to effectively carry out this subchapter.
(3) A
(A) Prepared under this chapter
An assessment and service strategy required by paragraph (1)(N) to
be prepared for an eligible individual shall satisfy any condition for
an assessment and service strategy or individual employment plan
for an adult participant under subtitle B of title I of the Workforce
Innovation and Opportunity Act [29 U.S.C. 3151 et seq.], in order to
determine whether such eligible individual also qualifies for career or
training services described in section 134(c) of such Act [29 U.S.C.
3174(c)].
(B) Prepared under Workforce Innovation and Opportunity
Act
An assessment and service strategy or individual employment plan
prepared under subtitle B of title I of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3151 et seq.] for an eligible individual
may be used to comply with the requirement specified in
subparagraph (A).

(c) F
(1) F
The Secretary may pay a Federal share not to exceed 90 percent of
the cost of any project for which a grant is made under subsection
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(b), except that the Secretary may pay all of such cost if such
project is—
(A) an emergency or disaster project; or
(B) a project located in an economically depressed area, as
determined by the Secretary in consultation with the Secretary of
Commerce and the Secretary of Health and Human Services.
(2) N

-F

The non-Federal share shall be in cash or in kind. In determining the
amount of the non-Federal share, the Secretary may attribute fair
market value to services and facilities contributed from non-Federal
sources.
(3) U
Of the grant amount to be paid under this subsection by the
Secretary for a project, not to exceed 13.5 percent shall be
available for any fiscal year to pay the administrative costs of such
project, except that—
(A) the Secretary may increase the amount available to pay the
administrative costs to an amount not to exceed 15 percent of the
grant amount if the Secretary determines, based on information
submitted by the grantee under subsection (b), that such increase is
necessary to carry out such project; and
(B) if the grantee under subsection (b) demonstrates to the
Secretary that—
(i) major administrative cost increases are being incurred in
necessary program components, including liability insurance,
payments for workers’ compensation, costs associated with
achieving unsubsidized placement goals, and costs associated
with other operation requirements imposed by the Secretary;
(ii) the number of community service employment positions in
the project or the number of minority eligible individuals
participating in the project will decline if the amount available to
pay the administrative costs is not increased; or
(iii) the size of the project is so small that the amount of
administrative costs incurred to carry out the project necessarily
exceeds 13.5 percent of the grant amount;
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the Secretary shall increase the amount available for such fiscal
year to pay the administrative costs to an amount not to exceed
15 percent of the grant amount.
(4) A
For purposes of this subchapter, administrative costs are the costs,
both personnel-related and nonpersonnel-related and both direct
and indirect, associated with the following:
(A) The costs of performing general administrative functions and of
providing for the coordination of functions, such as the costs of—
(i) accounting, budgeting, and financial and cash management;
(ii) procurement and purchasing;
(iii) property management;
(iv) personnel management;
(v) payroll functions;
(vi) coordinating the resolution of findings arising from audits,
reviews, investigations, and incident reports;
(vii) audits;
(viii) general legal services;
(ix) developing systems and procedures, including information
systems, required for administrative functions;
(x) preparing administrative reports; and
(xi) other activities necessary for the general administration of
government funds and associated programs.
(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
(C) The costs of goods and services required for administrative
functions of the project involved, including goods and services such
as rental or purchase of equipment, utilities, office supplies,
postage, and rental and maintenance of office space.

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(D) The travel costs incurred for official business in carrying out
administrative activities or overall management.
(E) The costs of information systems related to administrative
functions (such as personnel, procurement, purchasing, property
management, accounting, and payroll systems), including the
purchase, systems development, and operating costs of such
systems.
(F) The costs of technical assistance, professional organization
membership dues, and evaluating results obtained by the project
involved against stated objectives.
(5) N -F
To the extent practicable, an entity that carries out a project under this
subchapter shall provide for the payment of the expenses described in
paragraph (4) from non-Federal sources.
(6) U
(A) In general
Amounts made available for a project under this subchapter that
are not used to pay for the administrative costs shall be used to
pay for the costs of programmatic activities, including the costs
of—
(i) participant wages, such benefits as are required by law (such
as workers’ compensation or unemployment compensation), the
costs of physical examinations, compensation for scheduled work
hours during which an employer’s business is closed for a Federal
holiday, and necessary sick leave that is not part of an
accumulated sick leave program, except that no amounts
provided under this subchapter may be used to pay the cost of
pension benefits, annual leave, accumulated sick leave, or
bonuses;
(ii) participant training (including the payment of reasonable
costs of instructors, classroom rental, training supplies,
materials, equipment, and tuition), which may be provided prior
to or subsequent to placement and which may be provided on
the job, in a classroom setting, or pursuant to other appropriate
arrangements;
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(iii) job placement assistance, including job development and
job search assistance;
(iv) participant supportive services to enable a participant to
successfully participate in a project under this subchapter, which
may include the payment of reasonable costs of transportation,
health and medical services, special job-related or personal
counseling, incidentals (such as work shoes, badges, uniforms,
eyeglasses, and tools), child and adult care, temporary shelter,
and follow-up services; and
(v) outreach, recruitment and selection, intake, orientation, and
assessments.
(B) Use of funds for wages and benefits
From the funds made available through a grant made under
subsection (b), a grantee under this subchapter—
(i) except as provided in clause (ii), shall use not less than 75
percent of the grant funds to pay the wages, benefits, and other
costs described in subparagraph (A)(i) for eligible individuals who
are employed under projects carried out under this subchapter;
or
(ii) that obtains approval for a request described in
subparagraph (C) may use not less than 65 percent of the grant
funds to pay the wages, benefits, and other costs described in
subparagraph (A)(i).
(C) Request to use additional funds for programmatic activity
costs
(i) In general
A grantee may submit to the Secretary a request for
approval—
(I) to use not less than 65 percent of the grant funds to pay
the wages, benefits, and other costs described in
subparagraph (A)(i);
(II) to use the percentage of grant funds described in
paragraph (3) to pay for administrative costs, as specified in
that paragraph;
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(III) to use not more than 10 percent of the grant funds for
individual participants to provide activities described in
clauses (ii) and (iv) of subparagraph (A), in which case the
grantee shall provide (from the funds described in this
subclause) the subsistence allowance described in subsection
(b)(1)(I) for those individual participants who are receiving
training described in that subsection from the funds described
in this subclause, but may not use the funds described in this
subclause to pay for any administrative costs; and
(IV) to use the remaining grant funds to provide activities
described in clauses (ii) through (v) of subparagraph (A).
(ii) Contents
In submitting the request the grantee shall include in the
request—
(I) a description of the activities for which the grantee will
spend the grant funds described in subclauses (III) and (IV)
of clause (i), consistent with those subclauses;
(II) an explanation documenting how the provision of such
activities will improve the effectiveness of the project,
including an explanation concerning whether any
displacement of eligible individuals or elimination of positions
for such individuals will occur, information on the number of
such individuals to be displaced and of such positions to be
eliminated, and an explanation concerning how the activities
will improve employment outcomes for individuals served,
based on the assessment conducted under subsection (b)(1)
(N); and
(III) a proposed budget and work plan for the activities,
including a detailed description of the funds to be spent on
the activities described in subclauses (III) and (IV) of clause
(i).
(iii) Submission
The grantee shall submit a request described in clause (i) not
later than 90 days before the proposed date of implementation
contained in the request. Not later than 30 days before the

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proposed date of implementation, the Secretary shall approve,
approve as modified, or reject the request, on the basis of the
information included in the request as described in clause (ii).
(D) Report
Each grantee under subsection (b) shall annually prepare and
submit to the Secretary a report documenting the grantee’s use of
funds for activities described in clauses (i) through (v) of
subparagraph (A).

(d) P
Whenever a grantee conducts a project within a planning and service area
in a State, such grantee shall conduct such project in consultation with the
area agency on aging of the planning and service area and the local
workforce development board and shall submit to the State agency, the
local workforce development board, and the area agency on aging a
description of such project to be conducted in the State, including the
location of the project, 90 days prior to undertaking the project, for review
and public comment according to guidelines the Secretary shall issue to
assure efficient and effective coordination of projects under this
subchapter.
(e) P

,

,

(1) I
The Secretary, in addition to exercising any other authority contained in
this subchapter, shall use funds reserved under section 3056d(a)(1) of
this title to carry out demonstration projects, pilot projects, and
evaluation projects, for the purpose of developing and implementing
techniques and approaches, and demonstrating the effectiveness of the
techniques and approaches, in addressing the employment and training
needs of eligible individuals. The Secretary shall enter into such
agreements with States, public agencies, nonprofit private
organizations, or private business concerns, as may be necessary, to
conduct the projects authorized by this subsection. To the extent
practicable, the Secretary shall provide an opportunity, prior to the
development of a demonstration or pilot project, for the appropriate
area agency on aging to submit comments on such a project in order to
ensure coordination of activities under this subchapter.
(2) P
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Such projects may include—
(A) activities linking businesses and eligible individuals, including
activities providing assistance to participants transitioning from
subsidized activities to private sector employment;
(B) demonstration projects and pilot projects designed to—
(i) attract more eligible individuals into the labor force;
(ii) improve the provision of services to eligible individuals under
one-stop delivery systems established under section 121(e) of
the Workforce Innovation and Opportunity Act [29 U.S.C.
3151(e)];
(iii) enhance the technological skills of eligible individuals; and
(iv) provide incentives to grantees under this subchapter for
exemplary performance and incentives to businesses to promote
their participation in the program under this subchapter;
(C) demonstration projects and pilot projects, as described in
subparagraph (B), for workers who are older individuals (but
targeted to eligible individuals) only if such demonstration projects
and pilot projects are designed to assist in developing and
implementing techniques and approaches in addressing the
employment and training needs of eligible individuals;
(D) provision of training and technical assistance to support any
project funded under this subchapter;
(E) dissemination of best practices relating to employment of
eligible individuals; and
(F) evaluation of the activities authorized under this subchapter.
(3) C
To the extent practicable, entities carrying out projects under this
subsection shall consult with appropriate area agencies on aging, with
the State workforce development board and local workforce
development board, and with other appropriate agencies and entities to
promote coordination of activities under this subchapter.
(Pub. L. 89–73, title V, § 502, as added Pub. L. 109–365, title V, § 501, Oct.
17, 2006, 120 Stat. 2563; amended Pub. L. 113–128, title V, § 512(w)(3),
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July 22, 2014, 128 Stat. 1713; Pub. L. 114–144, § 6(a), Apr. 19, 2016, 130
Stat. 342.)

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