
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: 42USC3056a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
     SUBCHAPTER IX--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
 
Sec. 3056a. Administration of community service projects


(a) Consideration of needs of localities, employment situation and 
        skills of eligible participants, and potential projects and 
        number and percentage of eligible individuals in local 
        population; coordination of programs by Secretary of Labor

    (1) In order to effectively carry out the provisions of this 
subchapter, the Secretary shall, through the Assistant Secretary for 
Aging, consult with the State agency and the appropriate area agencies 
on aging established under section 3025(a)(2) of this title with regard 
to--
        (A) the localities in which community service projects of the 
    type authorized by this subchapter are most needed;
        (B) consideration of the employment situations and the type of 
    skills possessed by available local individuals who are eligible to 
    participate; and
        (C) potential projects and the number and percentage of eligible 
    individuals in the local population.

    (2) The Secretary of Labor and the Assistant Secretary for Aging 
shall coordinate the programs under this subchapter and the programs 
under subchapters III, IV, and X of this chapter to increase job 
opportunities available to older individuals.

(b) Coordination of Older American Community Service Employment Program 
        with other Federal programs; prohibition against use of 
        appropriations under this chapter for other Federal programs; 
        distribution of information relating to age discrimination

    (1) The Secretary shall coordinate the program assisted under this 
subchapter with programs authorized 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.], the Community Services Block Grant Act 
[42 U.S.C. 9901 et seq.], and the Vocational Education Act of 1984 [20 
U.S.C. 2301 et seq.]. The Secretary shall coordinate the administration 
of this subchapter with the administration of subchapters III, IV, and X 
of this chapter by the Assistant Secretary for Aging, to increase the 
likelihood that eligible individuals for whom employment opportunities 
under this subchapter are available and who need services under such 
subchapters receive such services. Appropriations under this chapter may 
not be used to carry out any program under the Job Training Partnership 
Act or title I of the Workforce Investment Act of 1998, the Community 
Services Block Grant Act, or the Vocational Education Act of 1984. The 
preceding sentence shall not be construed to prohibit carrying out 
projects under this subchapter jointly with programs, projects, or 
activities under any Act specified in such sentence.
    (2) The Secretary shall distribute to grantees under this 
subchapter, for distribution to program enrollees, and at no cost to 
grantees or enrollees, informational materials developed and supplied by 
the Equal Employment Opportunity Commission and other appropriate 
Federal agencies which the Secretary determines are designed to help 
enrollees identify age discrimination and understand their rights under 
the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et 
seq.].

(c) Use of services, equipment, personnel, and facilities of Federal and 
        other agencies; cooperation with other public and private 
        agencies in such use

    In carrying out the provisions of this subchapter, the Secretary is 
authorized to use, with their consent, the services, equipment, 
personnel, and facilities of Federal and other agencies with or without 
reimbursement, and on a similar basis to cooperate with other public and 
private agencies and instrumentalities in the use of services, 
equipment, and facilities.

(d) Payments; advances; reimbursement; installments

    Payments under this subchapter may be made in advance or by way of 
reimbursement and in such installments as the Secretary may determine.

(e) Delegation of functions prohibited

    The Secretary shall not delegate any function of the Secretary under 
this subchapter to any other department or agency of the Federal 
Government.

(f) Senior Environmental Employment Corps and energy conservation 
        projects

    In carrying out the provisions of this subchapter, the Secretary may 
fund and expand projects concerning the Senior Environmental Employment 
Corps and energy conservation from sums appropriated under section 3056f 
of this title for such fiscal year.

(Pub. L. 89-73, title V, Sec. 503, formerly title IX, Sec. 903, as added 
Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 722; 
renumbered title V, Sec. 503, and amended Pub. L. 95-478, title I, 
Sec. 105(a), (c)(1), (3), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 
97-115, Sec. 12(d), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98-459, title 
V, Sec. 502, Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100-175, title I, 
Sec. 163, Nov. 29, 1987, 101 Stat. 958; Pub. L. 102-375, title I, 
Sec. 102(b)(1)(B), (9)(E), title V, Sec. 502, Sept. 30, 1992, 106 Stat. 
1201, 1202, 1266; Pub. L. 103-171, Secs. 3(a)(8), 4(a)(3), Dec. 2, 1993, 
107 Stat. 1990, 1991; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(33)(C), (f)(25)(C)], Oct. 21, 1998, 112 Stat. 2681-337, 
2681-426, 2681-433.)

                     Amendment of Subsection (b)(1)

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

                       References in Text

    The Job Training Partnership Act, referred to in subsec. (b)(1), 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 subsec. (b)(1), 
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.
    The Community Services Block Grant Act, referred to in subsec. 
(b)(1), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35, 
Secs. 671 to 683, Aug. 13, 1981, 95 Stat. 511, as amended, which is 
classified generally to chapter 106 (Sec. 9901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 9901 of this title and Tables.
    The Vocational Education Act of 1984, referred to in subsec. (b)(1), 
probably means the Carl D. Perkins Vocational Education Act, Pub. L. 88-
210, as added by Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2435, 
as amended, which was classified generally to chapter 44 (Sec. 2301 et 
seq.) of Title 20, Education. The Act was subsequently amended 
extensively by Pub. L. 101-392, Sept. 25, 1990, 104 Stat. 753, which 
renamed it the Carl D. Perkins Vocational and Applied Technology 
Education Act, and amended generally by Pub. L. 105-332, Sec. 1(b), Oct. 
31, 1998, 112 Stat. 3076, which renamed it the Carl D. Perkins 
Vocational and Technical Education Act of 1998. For additional details, 
see Codification note preceding section 2301 of Title 20.
    The Age Discrimination in Employment Act of 1967, referred to in 
subsec. (b)(2), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as 
amended, which is classified generally to chapter 14 (Sec. 621 et seq.) 
of Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 621 of Title 29 and Tables.


                            Prior Provisions

    A prior section 503 of Pub. L. 89-73, title V, as added Pub. L. 93-
29, title V, Sec. 501, May 3, 1973, 87 Stat. 51, provided for payments, 
reservation from appropriations amount of grant or contract, amendments, 
advances, reimbursement, and installments and was classified to section 
3041b 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). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(33)(C)(i)], substituted ``the Job Training Partnership Act 
and title I of the Workforce Investment Act of 1998'' for ``the Job 
Training Partnership Act'' in first sentence.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(33)(C)(ii)], 
which directed the amendment of par. (1) by substituting ``the Job 
Training Partnership Act or title I of the Workforce Investment Act of 
1998'' for ``the Job Training Partnership Act'' in first sentence, was 
executed by making the substitution in the third sentence, to reflect 
the probable intent of Congress.
    1993--Subsec. (a). Pub. L. 103-171, Sec. 3(a)(8), substituted 
``Assistant Secretary for Aging'' for ``Commissioner'' in two places.
    Subsec. (b)(1). Pub. L. 103-171, Sec. 4(a)(3), amended directory 
language of Pub. L. 102-375, Sec. 502(b). See 1992 Amendment note below.
    Pub. L. 103-171, Sec. 3(a)(8), substituted ``Assistant Secretary for 
Aging'' for ``Commissioner''.
    1992--Subsec. (a). Pub. L. 102-375, Sec. 502(a), designated existing 
provisions as par. (1), redesignated former pars. (1) to (3) as subpars. 
(A) to (C) of par. (1), respectively, and added par. (2).
    Pub. L. 102-375, Sec. 102(b)(1)(B), (9)(E), struck out ``of the 
Administration on Aging'' after ``Commissioner'' and ``on aging 
designated under section 3025(a)(1) of this title'' after ``State 
agency''.
    Subsec. (b)(1). Pub. L. 102-375, Sec. 502(b), as amended by Pub. L. 
103-171, Sec. 4(a)(3), substituted in first sentence ``The Secretary 
shall'' for ``If the Secretary determines that to do so would increase 
job opportunities available to individuals under this subchapter, the 
Secretary is authorized to'', inserted after first sentence ``The 
Secretary shall coordinate the administration of this subchapter with 
the administration of subchapters III, IV, and X of this chapter by the 
Commissioner, to increase the likelihood that eligible individuals for 
whom employment opportunities under this subchapter are available and 
who need services under such subchapters receive such services.'', and 
added at end ``The preceding sentence shall not be construed to prohibit 
carrying out projects under this subchapter jointly with programs, 
projects, or activities under any Act specified in such sentence.''
    1987--Subsec. (b). Pub. L. 100-175 designated existing provisions as 
par. (1) and added par. (2).
    1984--Subsec. (b). Pub. L. 98-459 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``If the Secretary 
determines that to do so would increase job opportunities available to 
individuals under this subchapter, the Secretary is authorized to 
coordinate the program assisted under this subchapter with programs 
authorized under the Emergency Jobs and Unemployment Assistance Act of 
1974, the Comprehensive Employment and Training Act, the Community 
Services Act of 1974, and the Emergency Employment Act of 1971. 
Appropriations under this chapter may not be used to carry out any 
program under the Emergency Jobs and Unemployment Assistance Act of 
1974, the Comprehensive Employment and Training Act, the Community 
Services Act of 1974 or the Emergency Employment Act of 1971.''
    1981--Subsec. (b). Pub. L. 97-115 substituted reference to 
Comprehensive Employment and Training Act for reference to Comprehensive 
Employment and Training Act of 1973 in two places.
    1978--Subsec. (a). Pub. L. 95-478, Sec. 105(c)(1), substituted 
reference to section ``3025'' for ``3024'' in two places.
    Subsec. (f). Pub. L. 95-478, Sec. 105(c)(3), added subsec. (f).


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(33)(C)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(25)(C)] 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 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.
