42 U.S.C. § 3056p | Definitions and rule

(a)

Definitions

For purposes of this subchapter:

(1)

Community service

The term “community service” means—

(A)

social, health, welfare, and educational services (including literacy tutoring), legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services;

(B)

conservation, maintenance, or restoration of natural resources;

(C)

community betterment or beautification;

(D)

antipollution and environmental quality efforts;

(E)

weatherization activities;

(F)

economic development; and

(G)

such other services essential and necessary to the community as the Secretary determines by rule to be appropriate.

(2)

Community service employment

section 3056(b)(1)(D) of this titleThe term “community service employment” means part-time, temporary employment paid with grant funds in projects described in , through which eligible individuals are engaged in community service and receive work experience and job skills that can lead to unsubsidized employment.

(3)

Eligible individual

(A)

In general

42 U.S.C. 1381 42 U.S.C. 401The term “eligible individual” means an individual who is age 55 or older and who has a low income (including any such individual whose income is not more than 125 percent of the poverty line), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act ( et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act ( et seq.), subject to subsection (b).

(B)

Participation

(i)

Exclusion

July 1, 2007Notwithstanding any other provision of this paragraph, the term “eligible individual” does not include an individual who has participated in projects under this subchapter for a period of 48 months in the aggregate (whether or not consecutive) after , unless the period was increased as described in clause (ii).

(ii)

Increased periods of participation

The Secretary shall authorize a grantee for a project to increase the period of participation described in clause (i), pursuant to a request submitted by the grantee, for individuals who—

(I)

have a severe disability;

(II)

are frail or are age 75 or older;

(III)

42 U.S.C. 401 meet the eligibility requirements related to age for, but do not receive, benefits under title II of the Social Security Act ( et seq.);

(IV)

live in an area with persistent unemployment and are individuals with severely limited employment prospects;

(V)

have limited English proficiency or low literacy skills; or

(VI)

have been incarcerated within the last 5 years or are under supervision following release from prison or jail within the last 5 years.

(4)

Income

In this section, the term “income” means income received during the 12-month period (or, at the option of the grantee involved, the annualized income for the 6-month period) ending on the date an eligible individual submits an application to participate in a project carried out under this subchapter by such grantee.

(5)

Local workforce development board; state workforce development board

29 U.S.C. 3102The terms “local workforce development board” and “State workforce development board” have the meanings given the terms “local board” and “State board”, respectively, in section 3 of the Workforce Innovation and Opportunity Act ().

(6)

Pacific Island and Asian Americans

The term “Pacific Island and Asian Americans” means Americans having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.

(7)

Program

The term “program” means the older American community service employment program established under this subchapter.

(8)

Supportive services

The term “supportive services” means services, such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this subchapter, consistent with the provisions of this subchapter.

(9)

Unemployed

The term “unemployed”, used with respect to a person or individual, means an individual who is without a job and who wants and is available for work, including an individual who may have occasional employment that does not result in a constant source of income.

(b)

Rule

Pursuant to regulations prescribed by the Secretary, an eligible individual shall have priority for the community service employment and other authorized activities provided under this subchapter if the individual—

(1)

is 65 years of age or older; or

(2)

(A)

has a disability;

(B)

has limited English proficiency or low literacy skills;

(C)

resides in a rural area;

(D)

is a veteran;

(E)

has low employment prospects;

(F)

29 U.S.C. 3111 has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act [ et seq.];

(G)

is homeless or at risk for homelessness; or

(H)

has been incarcerated within the last 5 years or is under supervision following release from prison or jail within the last 5 years.

Pub. L. 89–73, title V, § 518 Pub. L. 109–365, title V, § 501Oct. 17, 2006120 Stat. 2588 Pub. L. 113–128, title V, § 512(w)(8)July 22, 2014128 Stat. 1716 Pub. L. 114–144, § 6(g)Apr. 19, 2016130 Stat. 346 Pub. L. 116–131, title IV, § 401(a)(3)Mar. 25, 2020134 Stat. 266(, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (a)(3)(A), (B)(ii)(III), is , . Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 113–128July 22, 2014128 Stat. 1425 section 3101 of Title 29The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(F), is , , . Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 116–131, § 401(a)(3)(A)2020—Subsec. (a)(3)(B)(ii)(VI). , added subcl. (VI).

Pub. L. 116–131, § 401(a)(3)(B)Subsec. (b)(2)(H). , added subpar. (H).

Pub. L. 114–1442016—Subsec. (a)(5) to (9). added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

Pub. L. 113–128 29 U.S.C. 28012014—Subsec. (b)(2)(F). substituted “has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act” for “has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 ( et seq.)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–131Mar. 25, 2020section 401(b) of Pub. L. 116–131 section 3056a of this titleAmendment by effective 1 year after , see , set out as a note under .

Effective Date of 2014 Amendment

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