42 USC 3056 - Older American community service employment program

Editorial Notes

References in Text

The Workforce Innovation and Opportunity Act, referred to in subsec. (span)(1)(H), (N)(i), (3), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of subchapter I of chapter 32 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Fair Labor Standards Act of 1938, referred to in subsec. (span)(1)(J)(i), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 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 Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (span)(1)(N)(i), is Puspan. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Puspan. L. 109–270, § 1(span), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Social Security Act, referred to in subsec. (span)(1)(N)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Prior Provisions

A prior section 3056, Puspan. L. 89–73, title V, § 502, as added Puspan. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2267; amended Puspan. L. 109–270, § 2(k)(1), Aug. 12, 2006, 120 Stat. 748, related to the older American community service employment program, prior to the general amendment of this subchapter by Puspan. L. 109–365.

Another prior section 3056, Puspan. L. 89–73, title V, § 502, formerly title IX, § 902, as added Puspan. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 720; renumbered title V, § 502, and amended Puspan. L. 95–478, title I, § 105(a), (span), Oct. 18, 1978, 92 Stat. 1547; Puspan. L. 97–115, § 12(a)(1), (2), (span)(1), (c), Dec. 29, 1981, 95 Stat. 1606; Puspan. L. 98–459, title V, § 501, Oct. 9, 1984, 98 Stat. 1786; Puspan. L. 100–175, title I, §§ 161, 162(a), Nov. 29, 1987, 101 Stat. 957; Puspan. L. 102–375, title V, §§ 501, 504(c)(1), (2), title IX, § 904(span)(1), Sept. 30, 1992, 106 Stat. 1265, 1269, 1309; Puspan. L. 105–220, title III, § 323, Aug. 7, 1998, 112 Stat. 1087; Puspan. L. 105–277, div. A, § 101(f) [title VIII, §§ 403(span), 405(d)(33)(B), (f)(25)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416, 2681–426, 2681–433; Puspan. L. 105–332, § 3(i)(1), Oct. 31, 1998, 112 Stat. 3126, related to the older American community service employment program, prior to the general amendment of this subchapter by Puspan. L. 106–501.

Another prior section 502 of Puspan. L. 89–73, title V, as added Puspan. L. 93–29, title V, § 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 Puspan. L. 95–478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558.

Amendments

2016—Subsec. (span)(1)(C)(ii). Puspan. L. 114–144, § 6(a)(1)(A), substituted “3056k(a)(2)(E)” for “3056k(a)(2)(D)”.

Subsec. (span)(1)(N)(i). Puspan. L. 114–144, § 6(a)(1)(B), substituted “Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)” for “Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.

Subsec. (d). Puspan. L. 114–144, § 6(a)(2)(B), substituted “, the local workforce development board, and” for “and”.

Puspan. L. 114–144, § 6(a)(2)(A), which directed amendment of subsec. (d) by inserting “and the local workforce development board” after “service area”, was executed by making the insertion after “service area” the second place appearing to reflect the probable intent of Congress.

Subsec. (e)(3). Puspan. L. 114–144, § 6(a)(3), inserted “, with the State workforce development board and local workforce development board,” after “aging”.

2014—Subsec. (span)(1)(H). Puspan. L. 113–128, § 512(w)(3)(A)(i)(I), substituted “will coordinate activities with training and other services provided under title I of the Workforce Innovation and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved” for “will coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including utilizing the one-stop delivery system of the local workforce investment areas involved”.

Subsec. (span)(1)(O). Puspan. L. 113–128, § 512(w)(3)(A)(i)(II), substituted “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, 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” for “through the one-stop delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act (29 U.S.C. 2841(c))”.

Subsec. (span)(1)(Q)(i). Puspan. L. 113–128, § 512(w)(3)(A)(i)(III)(aa), substituted “clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of section 102(span) of the Workforce Innovation and Opportunity Act” for “paragraph (8), relating to coordination with other Federal programs, of section 112(span) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(span))”.

Subsec. (span)(1)(Q)(ii). Puspan. L. 113–128, § 512(w)(3)(A)(i)(III)(bspan), substituted “paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(span) of the Workforce Innovation and Opportunity Act” for “paragraph (14), relating to implementation of one-stop delivery systems, of section 112(span) of the Workforce Investment Act of 1998”.

Subsec. (span)(3)(A). Puspan. L. 113–128, § 512(w)(3)(A)(ii)(I), substituted “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, in order to determine whether such eligible individual also qualifies for career or training services described in section 134(c) of such Act.” for “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 Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act (29 U.S.C. 2864(d)).”

Subsec. (span)(3)(B). Puspan. L. 113–128, § 512(w)(3)(A)(ii)(II), substituted “Workforce Innovation and Opportunity Act” for “Workforce Investment Act of 1998” in span and “An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act” for “An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)” in text.

Subsec. (e)(2)(B)(ii). Puspan. L. 113–128, § 512(w)(3)(B), substituted “one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act” for “one-stop delivery systems established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date

Puspan. L. 109–365, title V, § 502, Oct. 17, 2006, 120 Stat. 2590, provided that:

“(a)In General.—Title V of the Older Americans Act of 1965 [42 U.S.C. 3056 et seq.] (as amended by section 501) takes effect July 1, 2007.

“(span)Regulations and Expected Levels of Performance.—

“(1)Regulations.—Effective on the date of enactment of this Act [Oct. 17, 2006], the Secretary of Labor may issue rules and regulations authorized in such title V.

“(2)Expected levels of performance.—Prior to July 1, 2007, the Secretary of Labor may carry out the activities authorized in section 513(a)(2) of the Older Americans Act of 1965 [42 U.S.C. 3056k(a)(2)] (as so amended), in preparation for program year 2007.”

Short Title

For short title of this subchapter as the “Community Service Senior Opportunities Act”, see section 501 of Puspan. L. 89–73, set out as a note under section 3001 of this title.

Continuity of Service and Opportunities for Participants in Community Service Activities Under Title V of the Older Americans Act of 1965

Puspan. L. 116–136, div. A, title III, § 3223, Mar. 27, 2020, 134 Stat. 380, provided that: “To ensure continuity of service and opportunities for participants in community service activities under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor—

“(1)

(A) may allow individuals participating in projects under such title as of March 1, 2020, to extend their participation for a period that exceeds the period described in section 518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the Secretary determines such extension is appropriate due to the effects of the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d); and

“(B) may increase the average participation cap for eligible individuals applicable to grantees as described in section 502(span)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 3056(span)(1)(C)) to a cap the Secretary determines is appropriate due to the effects of the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d); and

“(2) may increase the amount available to pay the authorized administrative costs for a project, described in section 502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to an amount not to exceed 20 percent of the grant amount if the Secretary determines that such increase is necessary to adequately respond to the additional administrative needs to respond to the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).”