
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3056]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
     SUBCHAPTER IX--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
 
Sec. 3056. Older American Community Service Employment Program


(a) Employment

    In order to foster and promote useful part-time opportunities in 
community service activities for unemployed low-income persons who are 
fifty-five years old or older and who have poor employment prospects, 
the Secretary of Labor (hereinafter in this subchapter referred to as 
the ``Secretary'') is authorized to establish an older American 
community service employment program.

(b) Authority of Secretary; execution of agreements with terms and 
        conditions for furthering purposes and goals of program; 
        regulations for execution of subchapter provisions; development 
        of alternatives for innovative work modes; creation of job 
        opportunities; Senior Environmental Employment Corps

    (1) In order to carry out the provisions of this subchapter, the 
Secretary is authorized to enter into agreements with public or private 
nonprofit agencies or organizations, including national organizations, 
agencies of a State government or a political subdivision of a State 
(having elected or duly appointed governing officials), or a combination 
of such political subdivisions, or tribal organizations in order to 
further the purposes and goals of the program. Such agreements may 
include provisions for the payment of costs, as provided in subsection 
(c) of this section, of projects developed by such organizations and 
agencies in cooperation with the Secretary in order to make the program 
effective or to supplement the program. No payment shall be made by the 
Secretary toward the cost of any project established or administered by 
any such organization or agency unless the Secretary determines that 
such project--
        (A) will provide employment only for eligible individuals, 
    except for necessary technical, administrative, and supervisory 
    personnel, but such personnel shall, to the fullest extent possible, 
    be recruited from among eligible individuals;
        (B) will provide employment for eligible individuals in the 
    community in which such individuals reside, or in nearby 
    communities;
        (C) will employ eligible individuals in services related to 
    publicly owned and operated facilities and projects, or projects 
    sponsored by organizations, other than political parties, exempt 
    from taxation under the provisions of section 501(c)(3) of title 26, 
    except projects involving the construction, operation, or 
    maintenance of any facility used or to be used as a place for 
    sectarian religious instruction or worship;
        (D) will contribute to the general welfare of the community;
        (E) will provide employment for eligible individuals;
        (F)(i) will result in an increase in employment opportunities 
    over those opportunities which would otherwise be available, (ii) 
    will not result in the displacement of currently employed workers 
    (including partial displacement, such as a reduction in the hours of 
    nonovertime work or wages or employment benefits), and (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;
        (G) will not employ or continue to employ any eligible 
    individual to perform work the same or substantially the same as 
    that performed by any other person who is on layoff;
        (H) will utilize methods of recruitment and selection (including 
    listing of job vacancies with the employment agency operated by any 
    State or political subdivision thereof) which will assure that the 
    maximum number of eligible individuals will have an opportunity to 
    participate in the project;
        (I) will include such 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;
        (J) will assure that safe and healthy conditions of work will be 
    provided, and will assure that individuals employed in community 
    service jobs assisted under this subchapter shall be paid wages 
    which shall not be lower than whichever is the highest of (i) the 
    minimum wage which would be applicable to the employee 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 
    thereof [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 employment is 
    being provided, and of persons who are knowledgeable with regard to 
    the needs of older persons;
        (L) will authorize pay for necessary transportation costs of 
    eligible individuals which may be incurred in employment in any 
    project funded under this subchapter, in accordance with regulations 
    promulgated by the Secretary;
        (M) will assure, that to the extent feasible, such project will 
    serve the needs of minority, limited English-speaking, and Indian 
    eligible individuals, and eligible individuals who have greatest 
    economic need, at least in proportion to their numbers in the State 
    and take into consideration their rates of poverty and unemployment;
        (N)(i) will prepare an assessment of--
            (I) the participants' skills and talents;
            (II) their need for supportive services; and
            (III) their physical capabilities;

    except to the extent such project has, for the particular 
    participant involved, an assessment of such skills and talents, such 
    need, or such capabilities prepared recently pursuant to another 
    employment or training program (such as a program under the Job 
    Training Partnership Act [29 U.S.C. 1501 et seq.] and title I of the 
    Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]);
        (ii) will provide to eligible individuals training and 
    employment counseling based on strategies that identify appropriate 
    employment objectives and the need for supportive services, 
    developed as a result of the assessment provided for in clause (i); 
    and
        (iii) will provide counseling to participants on their progress 
    in meeting such objectives and satisfying their need for supportive 
    services;
        (O) will authorize funds to be used, to the extent feasible, to 
    include individuals participating in such project under any State 
    unemployment insurance plan;
        (P) will post in such project workplace a notice, and will make 
    available to each person associated with such project a written 
    explanation, clarifying the law with respect to allowable and 
    unallowable political activities under chapter 15 of title 5, 
    applicable to the project and to each category of individuals 
    associated with such project and 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; and
        (Q) will provide to the Secretary the description and 
    information described in paragraphs (8) and (14) of section 112(b) 
    of the Workforce Investment Act of 1998 [29 U.S.C. 2822(b)(8), 
    (14)].

    (2) The Secretary is authorized to establish, issue, and amend such 
regulations as may be necessary to effectively carry out the provisions 
of this subchapter.
    (3) The Secretary shall develop alternatives for innovative work 
modes and provide technical assistance in creating job opportunities 
through work sharing and other experimental methods to prime sponsors, 
labor organizations, groups representing business and industry and 
workers as well as to individual employers, where appropriate.
    (4) The Secretary may enter into an agreement with the Administrator 
of the Environmental Protection Agency to establish a Senior 
Environmental Employment Corps.

(c) Authority of Secretary; project costs; non-Federal share; 
        administration costs

    (1) The Secretary is authorized to pay not to exceed 90 percent of 
the cost of any project which is the subject of an agreement entered 
into under subsection (b) of this section, except that the Secretary is 
authorized to pay all of the costs of any such project which 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) The non-Federal share shall be in cash or in kind. In 
determining the amount of the non-Federal share, the Secretary is 
authorized to attribute fair market value to services and facilities 
contributed from non-Federal sources.
    (3) Of the amount for any project to be paid by the Secretary under 
this subsection, not more than 13.5 percent for fiscal year 1987 and 
each fiscal year thereafter shall be available for paying the costs of 
administration for such project, except that--
        (A) whenever the Secretary determines that it is necessary to 
    carry out the project assisted under this subchapter, based on 
    information submitted by the public or private nonprofit agency or 
    organization with which the Secretary has an agreement under 
    subsection (b) of this section, the Secretary may increase the 
    amount available for paying the cost of administration to an amount 
    not more than 15 percent of the cost of such project; and
        (B) whenever the public or private nonprofit agency or 
    organization with which the Secretary has an agreement under 
    subsection (b) of this section 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 other operation 
        requirements imposed by the Secretary;
            (ii) the number of employment positions in the project or 
        the number of minority eligible individuals participating in the 
        project will decline if the amount available for paying the cost 
        of administration is not increased; or
            (iii) the size of the project is so small that the amount of 
        administrative expenses incurred to carry out the project 
        necessarily exceed 13.5 percent of the amount for such project;

    the Secretary shall increase the amount available for the fiscal 
    year for paying the cost of administration to an amount not more 
    than 15 percent of the cost of such project.

(d) Project and program distribution review; notice and opportunity for 
        hearing

    (1) Whenever a national organization or other program sponsor 
conducts a project within a planning and service area in a State such 
organization or program sponsor shall conduct such project in 
consultation with the area agency on aging of the planning and service 
area and shall submit to the State agency and the area agency on aging a 
description of such project to be conducted in the State, including the 
location of the project, 30 days prior to undertaking the project, for 
review and comment according to guidelines the Secretary shall issue to 
assure efficient and effective coordination of programs under this 
subchapter.
    (2) The Secretary shall review on his own initiative or at the 
request of any public or private nonprofit agency or organization, or an 
agency of the State government, the distribution of programs under this 
title within the State including the distribution between urban and 
rural areas within the State. For each proposed reallocation of programs 
within a State, the Secretary shall give notice and opportunity for a 
hearing on the record by all interested individuals and make a written 
determination of his findings and decision.

(e) Second career training and job placement experimental projects; 
        equitable geographic distribution; project criteria; evaluation 
        of program; interim and final reports

    (1) The Secretary, in addition to any other authority contained in 
this subchapter, shall conduct experimental projects designed to assure 
second career training and the placement of eligible individuals in 
employment opportunities with private business concerns. The Secretary 
shall enter into such agreements with States, public agencies, nonprofit 
private organizations and private business concerns as may be necessary 
to conduct the experimental projects authorized by this subsection. The 
Secretary, from amounts reserved under section 3056d(a)(2)(A) of this 
title in any fiscal year, may pay all of the costs of any agreements 
entered into under the provisions of this subsection. The Secretary 
shall, to the extent feasible, assure equitable geographic distribution 
of projects authorized by this subsection.
    (2) The Secretary shall issue, and amend from time to time, criteria 
designed to assure that agreements entered into under paragraph (1) of 
this subsection--
        (A) will involve different kinds of work modes, such as flex-
    time, job sharing, and other arrangements relating to reduced 
    physical exertion;
        (B) will emphasize projects involving second careers and job 
    placement and give consideration to placement in growth industries 
    and in jobs reflecting new technological skills; and
        (C) require the coordination of projects carried out under such 
    agreements, with the programs carried out under the Job Training 
    Partnership Act [29 U.S.C. 1501 et seq.] and title I of the 
    Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].

    (3)(A) The Secretary shall carry out an evaluation of the second 
career training and job placement projects authorized by this 
subsection.
    (B) The evaluation shall include but not be limited to the projects 
described in paragraph (2).
    (C) The Secretary shall prepare and submit, not later than one year 
after December 29, 1981, to the Congress an interim report describing 
the agreements entered into under paragraph (1) and the design for the 
evaluation required by this paragraph. The Secretary shall prepare and 
submit to the President and the Congress a final report on the 
evaluation required by this paragraph not later than February 1, 1984, 
together with his findings and such recommendations, including 
recommendations for additional legislation, as the Secretary deems 
appropriate.
    (D) The Secretary shall make the final report submitted under 
subparagraph (C) available to interested private business concerns.
    (4) For the purpose of this subsection, ``eligible individual'' 
means any individual who is 55 years of age or older and who has an 
income equal to or less than the intermediate level retired couples 
budget as determined annually by the Bureau of Labor Statistics.

(Pub. L. 89-73, title V, Sec. 502, formerly title IX, Sec. 902, as added 
Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 720; 
renumbered title V, Sec. 502, and amended Pub. L. 95-478, title I, 
Sec. 105(a), (b), Oct. 18, 1978, 92 Stat. 1547; Pub. L. 97-115, 
Sec. 12(a)(1), (2), (b)(1), (c), Dec. 29, 1981, 95 Stat. 1606; Pub. L. 
98-459, title V, Sec. 501, Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100-175, 
title I, Secs. 161, 162(a), Nov. 29, 1987, 101 Stat. 957; Pub. L. 102-
375, title V, Secs. 501, 504(c)(1), (2), title IX, Sec. 904(b)(1), Sept. 
30, 1992, 106 Stat. 1265, 1269, 1309; Pub. L. 105-220, title III, 
Sec. 323, Aug. 7, 1998, 112 Stat. 1087; Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Secs. 403(b), 405(d)(33)(B), (f)(25)(B)], Oct. 
21, 1998, 112 Stat. 2681-337, 2681-416, 2681-426, 2681-433; Pub. L. 105-
332, Sec. 3(i)(1), Oct. 31, 1998, 112 Stat. 3126.)

                          Amendment of Section

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(25)(B), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-433, 2681-435, provided that, effective July 1, 2000, this 
    section is amended in subsections (b)(1)(N)(i) and (e)(2)(C) of this 
    section by striking ``the Job Training Partnership Act and''.

                       References in Text

    The Fair Labor Standards Act, referred to in subsec. (b)(1)(J), is 
act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is 
classified generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. 
For complete classification of this Act to the Code, see section 201 of 
Title 29 and Tables.
    The Job Training Partnership Act, referred to in subsecs. 
(b)(1)(N)(i) and (e)(2)(C), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 
1322, as amended, which is classified generally to chapter 19 (Sec. 1501 
et seq.) of Title 29, Labor. For complete classification of this Act to 
the Code, see Short Title note set out under section 1501 of Title 29 
and Tables.
    The Workforce Investment Act of 1998, referred to in subsecs. 
(b)(1)(N)(i) and (e)(2)(C), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 
936, as amended. Title I of the Act is classified principally to chapter 
30 (Sec. 2801 et seq.) of Title 29, Labor. For complete classification 
of this Act to the Code, see Short Title note set out under section 9201 
of Title 20, Education, and Tables.


                            Prior Provisions

    A prior section 502 of Pub. L. 89-73, title V, as added Pub. L. 93-
29, title V, Sec. 501, May 3, 1973, 87 Stat. 50, related to requirements 
for approval of applications, preferred areas, and agency application 
and was classified to section 3041a of this title, prior to repeal by 
Pub. L. 95-478, title V, Sec. 501(a), Oct. 18, 1978, 92 Stat. 1558.


                               Amendments

    1998--Subsec. (b)(1)(N)(i). Pub. L. 105-332 struck out ``or the Carl 
D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 
2301 et seq.)'' before ``);'' at end.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(33)(B)(i)], 
substituted ``the Job Training Partnership Act and title I of the 
Workforce Investment Act of 1998'' for ``the Job Training Partnership 
Act (29 U.S.C. 1501 et seq.)''.
    Subsec. (b)(1)(Q). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 403(b)], aligned margins of subpar. (Q) with those of subpar. (P).
    Pub. L. 105-220 added subpar. (Q).
    Subsec. (e)(2)(C). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(33)(B)(ii)], substituted ``programs carried out under the 
Job Training Partnership Act and title I of the Workforce Investment Act 
of 1998'' for ``programs carried out under section 124 of the Job 
Training Partnership Act (29 U.S.C. 1534)''.
    1992--Subsec. (a). Pub. L. 102-375, Sec. 501(1), inserted ``and who 
have poor employment prospects'' after ``or older''.
    Subsec. (b)(1)(C). Pub. L. 102-375, Sec. 904(b)(1)(A), substituted 
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', 
which for purposes of codification was translated as ``title 26'' thus 
requiring no change in text.
    Subsec. (b)(1)(J). Pub. L. 102-375, Sec. 904(b)(1)(B), substituted 
``individuals'' for ``persons'' in two places.
    Subsec. (b)(1)(M). Pub. L. 102-375, Sec. 501(2)(A), inserted ``, and 
eligible individuals who have greatest economic need, at least'' after 
``individuals''.
    Subsec. (b)(1)(N) to (P). Pub. L. 102-375, Sec. 501(2)(B), (C), 
added subpar. (N) and redesignated former subpars. (N) and (O) as (O) 
and (P), respectively.
    Subsec. (c)(1). Pub. L. 102-375, Sec. 504(c)(1), substituted 
``percent'' for ``per centum''.
    Subsec. (c)(1)(B). Pub. L. 102-375, Sec. 501(3), substituted 
``Secretary'' for ``Director of the Office of Community Services of the 
Department'' before ``of Health and Human Services''.
    Subsec. (d)(1). Pub. L. 102-375, Sec. 501(4), substituted ``within a 
planning and service area in a State such organization or program 
sponsor shall conduct such project in consultation with the area agency 
on aging of the planning and service area and shall submit to the State 
agency and the area agency on aging'' for ``within a State such 
organization or program sponsor shall submit to the State agency on 
aging''.
    Subsec. (e)(1). Pub. L. 102-375, Sec. 504(c)(2), substituted 
``section 3056d(a)(2)(A)'' for ``section 3056d(a)(1)(B)''.
    Subsec. (e)(2). Pub. L. 102-375, Sec. 501(5)(A), substituted ``The 
Secretary shall issue, and amend from time to time, criteria'' for ``Not 
later than 90 days after December 29, 1981, the Secretary shall issue 
criteria''.
    Subsec. (e)(2)(C). Pub. L. 102-375, Sec. 501(5)(B)-(D), added 
subpar. (C).
    1987--Subsec. (b)(1)(M). Pub. L. 100-175, Sec. 162(a), amended 
subpar. (M) generally. Prior to amendment, subpar. (M) read as follows: 
``will assure that, to the extent feasible, such project will serve the 
needs of minority, Indian, and limited English-speaking eligible 
individuals in proportion to their numbers in the State;''.
    Subsec. (c)(3). Pub. L. 100-175, Sec. 161, amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``Of the amount 
for any project to be paid by the Secretary under this subsection, not 
more than--
        ``(A) 13.5 percent for fiscal year 1986, and
        ``(B) 12 percent for fiscal year 1987, and thereafter,
shall be available for paying the costs of administration for such 
project, except that whenever the Secretary determines that it is 
necessary to carry out the project assisted under this subchapter, based 
upon information submitted by the public or private nonprofit agency or 
organization with which the Secretary has an agreement under subsection 
(b) of this section, the Secretary may increase the amount available for 
paying the cost of administration to an amount not more than 15 percent 
of the cost of such project.''
    1984--Subsec. (b)(1). Pub. L. 98-459, Sec. 501(a)(1), substituted 
``unless the Secretary determines'' for ``unless he determines'' in 
provisions preceding subpar. (A).
    Subsec. (b)(1)(J)(i). Pub. L. 98-459, Sec. 501(a)(2), substituted 
``if the participant were not exempt'' for ``if he were not exempt''.
    Subsec. (b)(1)(O). Pub. L. 98-459, Sec. 501(a)(3)-(5), added subpar. 
(O).
    Subsec. (c)(3). Pub. L. 98-459, Sec. 501(b), added par. (3).
    1981--Subsec. (a). Pub. L. 97-115, Sec. 12(a)(1), substituted ``or 
older, the Secretary'' for ``or older and who have poor employment 
prospects, the Secretary''.
    Subsec. (b)(1)(E). Pub. L. 97-115, Sec. 12(a)(2), struck out ``whose 
opportunities for other suitable public or private paid employment are 
poor'' after ``eligible individuals''.
    Subsec. (c)(1). Pub. L. 97-115, Sec. 12(b)(1), substituted reference 
to the Office of Community Services of the Department of Health and 
Human Services for reference to the Community Services Administration.
    Subsec. (e). Pub. L. 97-115, Sec. 12(c), designated existing 
provisions as par. (1), substituted reference to agreements relating to 
experimental projects designed to assure second career training and 
placement of eligible individuals and equitable geographic distribution 
of such projects for reference to agreements designed to assure 
transition of individuals employed in public service jobs to employment 
opportunities with private business concerns, and added pars. (2) to 
(4).
    1978--Subsec. (b)(3), (4). Pub. L. 95-478, Sec. 105(b)(1), added 
pars. (3) and (4).
    Subsecs. (d), (e). Pub. L. 95-478, Sec. 105(b)(2), added subsecs. 
(d) and (e).


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(33)(B)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(25)(B)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1992 Amendment

    Amendment by sections 501 and 504(c)(1), (2) of Pub. L. 102-375 
inapplicable with respect to fiscal year 1992, see section 905(b)(4) of 
Pub. L. 102-375, set out as a note under section 3001 of this title.
    Amendment by section 904(b)(1) of Pub. L. 102-375 effective Sept. 
30, 1992, see section 905(a) of Pub. L. 102-375, set out as a note under 
section 3001 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-175 effective Oct. 1, 1987, except not 
applicable with respect to any area plan submitted under section 3026(a) 
of this title or any State plan submitted under section 3027(a) of this 
title and approved for any fiscal year beginning before Nov. 29, 1987, 
see section 701(a), (b) of Pub. L. 100-175, set out as a note under 
section 3001 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section 
803(a) of Pub. L. 98-459, set out as a note under section 3001 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978, 
see section 504 of Pub. L. 95-478, set out as a note under section 3001 
of this title.


                               Short Title

    For short title of this subchapter as the ``Older American Community 
Service Employment Act'', see section 501 of title V of Pub. L. 89-73, 
set out as a Short Title of 1975 Amendment note under section 3001 of 
this title.


           Study of Older American Community Service Programs

    Section 505 of Pub. L. 98-459 provided that: ``The Secretary of 
Labor shall conduct a study to identify additional mechanisms, 
supplementing the existing program under the Act [this chapter], to 
increase community service employment opportunities for eligible 
individuals. Not later than 1 year after the date of the enactment of 
this Act [Oct. 9, 1984], the Secretary of Labor shall submit to the 
Congress a report describing the results of such study and proposing 
draft legislation which, if enacted by the Congress, would increase such 
employment opportunities.''


                      Existing Projects; Completion

    Section 501(a) of Pub. L. 95-478, in part, authorized the 
Commissioner on Aging to complete projects undertaken under former 
sections 3041 et seq. and 3045 et seq. of this title or under this 
subchapter, before the close of Sept. 30, 1978, and unfinished on such 
date, with funds obligated but unexpended on such date.

                  Section Referred to in Other Sections

    This section is referred to in section 3056d of this title.
