42 U.S.C. § 3056 — Older American community service em-

Page 5789 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056 IX of Pub. L. 89–73 by Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 720, and was renumbered title V and amended by Pub. L. 95–478, title I, § 105, title V, § 503(d), Oct. 18, 1978, 92 Stat. 1547, 1559; Pub. L. 97–115, Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98–459, Oct. 9, 1984, 98 Stat. 1767; Pub. L. 100–175, Nov. 29, 1987, 101 Stat. 926; Pub. L. 100–628, Nov. 7, 1988, 102 Stat. 3224; Pub. L. 102–375, Sept. 30, 1992, 106 Stat. 1195; Pub. L. 103–171, Dec. 2, 1993, 107 Stat. 1988; Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936; Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105–332, Oct. 31, 1998, 112 Stat. 3076; Pub. L. 106–501, Nov. 13, 2000, 114 Stat. 2226; Pub. L. 109–270, Aug. 12, 2006, 120 Stat. 683. Title V is shown herein, however, as having been added by Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2563, without reference to inter- vening amendments because of the extensive revision of the title’s provisions by Pub. L. 109–365. § 3056. Older American community service em- ployment program (a) In general (1) Establishment of program To foster individual economic self-suffi- ciency and promote useful opportunities in community service activities (which shall in- clude community service employment) for un- employed 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 ‘‘Sec- retary’’) may establish an older American community service employment program. (2) Use of appropriated amounts Amounts appropriated to carry out this sub- chapter shall be used only to carry out the provisions contained in this subchapter. (b) Grant authority (1) Projects To carry out this subchapter, the Secretary may make grants to public and nonprofit pri- vate 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 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 sec- tion 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 em- ployment only for eligible individuals except for necessary technical, administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be re- cruited from among eligible individuals; (B)(i) will provide community service em- ployment 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 sub- section, will provide community service em- ployment and other authorized activities for such individuals, including those who are In- dians residing on an Indian reservation, as defined in section 3501 of title 25; (C) will comply with an average participa- tion cap for eligible individuals (in the ag- gregate) of— (i) 27 months; or (ii) pursuant to the request of a grantee, an extended period of participation estab- lished by the Secretary for a specific project area for such grantee, up to a pe- riod 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 oper- ated facilities and projects, or projects spon- sored by nonprofit organizations (excluding political parties exempt from taxation under section 501(c)(3) of title 26), but excluding projects involving the construction, oper- ation, 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 sup- port for children, youth, and families; (F) will provide community service em- ployment and other authorized activities for eligible individuals; (G)(i) will not reduce the number of em- ployment 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 non- overtime work, wages, or employment bene- fits); (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 uti- lizing 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 class- room training) as may be necessary to make the most effective use of the skills and tal- Page 5790 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056 ents of those individuals who are partici- pating, 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); (J) will ensure that safe and healthy em- ployment 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 ap- plicable 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 em- ployment; or (iii) the prevailing rates of pay for indi- viduals employed in similar public occupa- tions 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 indi- viduals; (L) will authorize payment for necessary supportive services costs (including trans- portation 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 indi- viduals with limited English proficiency, and eligible individuals with greatest eco- nomic need, at least in proportion to their numbers in the area served and take into consideration their rates of poverty and un- employment; (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, re- cently prepared an assessment of such skills and talents, and such needs, pursuant to an- other employment or training program (such as a program under the Workforce Innova- tion and Opportunity Act (29 U.S.C. 3101 et seq.), the Carl D. Perkins Career and Tech- nical Education Act of 2006 (20 U.S.C. 2301 et seq.), or part A of title IV of the Social Secu- rity Act (42 U.S.C. 601 et seq.)) and will pre- pare a related service strategy; (ii) will provide training and employment counseling to eligible individuals based on strategies that identify appropriate employ- ment objectives and the need for supportive services, developed as a result of the assess- ment and service strategy provided for in clause (i), and provide other appropriate in- formation regarding such project; and (iii) will provide counseling to participants on their progress in meeting such objectives and satisfying their need for supportive serv- ices; (O) will provide appropriate services for participants, or refer the participants to ap- propriate services, through the one-stop de- livery system of the local workforce develop- ment 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 oper- ations of such system pursuant to a memo- randum 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 per- son associated with such project a written explanation— (i) clarifying the law with respect to po- litical activities allowable and unallow- able under chapter 15 of title 5 applicable to the project and to each category of indi- viduals associated with such project; and (ii) containing the address and telephone number of the Inspector General of the De- partment of Labor, to whom questions re- garding the application of such chapter may be addressed; (Q) will provide to the Secretary the de- scription 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 the Workforce Innovation and Opportunity Act [29 U.S.C. 3112(b)]; and (ii) paragraph (2)(C)(i), relating to imple- mentation 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 enti- ties receive an amount of the administrative cost allocation determined by the Secretary, in consultation with grantees, to be suffi- cient. (2) Regulations The Secretary may establish, issue, and amend such regulations as may be necessary to effectively carry out this subchapter. (3) Assessment and service strategies (A) Prepared under this chapter An assessment and service strategy re- quired by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any con- dition for an assessment and service strat- egy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Innovation and Oppor- tunity 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 in- dividual employment plan prepared under Page 5791 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056 subtitle B of title I of the Workforce Innova- tion 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) Federal share and use of funds (1) Federal share 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 (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 Sec- retary in consultation with the Secretary of Commerce and the Secretary of Health and Human Services. (2) Non-Federal share 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) Use of funds for administrative costs 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 deter- mines, 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 adminis- trative 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 nec- essarily exceeds 13.5 percent of the grant amount; the Secretary shall increase the amount available for such fiscal year to pay the ad- ministrative costs to an amount not to ex- ceed 15 percent of the grant amount. (4) Administrative costs For purposes of this subchapter, administra- tive 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 admin- istrative 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 find- ings arising from audits, reviews, inves- tigations, 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 ad- ministrative functions. (C) The costs of goods and services re- quired for administrative functions of the project involved, including goods and serv- ices such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space. (D) The travel costs incurred for official business in carrying out administrative ac- tivities or overall management. (E) The costs of information systems re- lated to administrative functions (such as personnel, procurement, purchasing, prop- erty management, accounting, and payroll systems), including the purchase, systems development, and operating costs of such systems. (F) The costs of technical assistance, pro- fessional organization membership dues, and evaluating results obtained by the project involved against stated objectives. (5) Non-Federal share of administrative costs 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) Use of funds for wages and benefits and programmatic activity costs (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’ com- pensation or unemployment compensa- tion), 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 accumu- lated sick leave program, except that no amounts provided under this subchapter Page 5792 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056 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, mate- rials, 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 pursu- ant to other appropriate arrangements; (iii) job placement assistance, including job development and job search assistance; (iv) participant supportive services to enable a participant to successfully par- ticipate in a project under this subchapter, which may include the payment of reason- able 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 sub- chapter; 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 pro- grammatic 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, bene- fits, and other costs described in sub- paragraph (A)(i); (II) to use the percentage of grant funds described in paragraph (3) to pay for administrative costs, as specified in that paragraph; (III) to use not more than 10 percent of the grant funds for individual partici- pants 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 sub- clause) the subsistence allowance de- scribed in subsection (b)(1)(I) for those individual participants who are receiving training described in that subsection from the funds described in this sub- clause, but may not use the funds de- scribed 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 im- prove the effectiveness of the project, in- cluding an explanation concerning whether any displacement of eligible in- dividuals 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 con- cerning how the activities will improve employment outcomes for individuals served, based on the assessment con- ducted 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 de- scribed in clause (i) not later than 90 days before the proposed date of implementa- tion contained in the request. Not later than 30 days before the proposed date of implementation, the Secretary shall ap- prove, approve as modified, or reject the request, on the basis of the information in- cluded in the request as described in clause (ii). (D) Report Each grantee under subsection (b) shall annually prepare and submit to the Sec- retary a report documenting the grantee’s use of funds for activities described in clauses (i) through (v) of subparagraph (A). (d) Project description Whenever a grantee conducts a project within a planning and service area in a State, such grantee shall conduct such project in consulta- tion with the area agency on aging of the plan- ning 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 descrip- tion 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 ef- fective coordination of projects under this sub- chapter. (e) Pilot, demonstration, and evaluation projects (1) In general 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 demonstra- tion projects, pilot projects, and evaluation projects, for the purpose of developing and im- Page 5793 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056 plementing techniques and approaches, and demonstrating the effectiveness of the tech- niques and approaches, in addressing the em- ployment and training needs of eligible indi- viduals. The Secretary shall enter into such agreements with States, public agencies, non- profit private organizations, or private busi- ness 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 develop- ment of a demonstration or pilot project, for the appropriate area agency on aging to sub- mit comments on such a project in order to ensure coordination of activities under this subchapter. (2) Projects Such projects may include— (A) activities linking businesses and eligi- ble individuals, including activities pro- viding 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 deliv- ery systems established under section 121(e) of the Workforce Innovation and Op- portunity 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 im- plementing techniques and approaches in ad- dressing the employment and training needs of eligible individuals; (D) provision of training and technical as- sistance to support any project funded under this subchapter; (E) dissemination of best practices relat- ing to employment of eligible individuals; and (F) evaluation of the activities authorized under this subchapter. (3) Consultation To the extent practicable, entities carrying out projects under this subsection shall con- sult 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), July 22, 2014, 128 Stat. 1713; Pub. L. 114–144, § 6(a), Apr. 19, 2016, 130 Stat. 342.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (b)(1)(H), (N)(i), (3), is Pub. 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. (b)(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 Ta- bles. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(1)(N)(i), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), 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. (b)(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, Pub. L. 89–73, title V, § 502, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2267; amended Pub. L. 109–270, § 2(k)(1), Aug. 12, 2006, 120 Stat. 748, related to the older American com- munity service employment program, prior to the gen- eral amendment of this subchapter by Pub. L. 109–365. Another prior section 3056, Pub. L. 89–73, title V, § 502, formerly title IX, § 902, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 720; renumbered title V, § 502, and amended Pub. L. 95–478, title I, § 105(a), (b), Oct. 18, 1978, 92 Stat. 1547; Pub. L. 97–115, § 12(a)(1), (2), (b)(1), (c), Dec. 29, 1981, 95 Stat. 1606; Pub. L. 98–459, title V, § 501, Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100–175, title I, §§ 161, 162(a), Nov. 29, 1987, 101 Stat. 957; Pub. L. 102–375, title V, §§ 501, 504(c)(1), (2), title IX, § 904(b)(1), Sept. 30, 1992, 106 Stat. 1265, 1269, 1309; Pub. L. 105–220, title III, § 323, Aug. 7, 1998, 112 Stat. 1087; Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 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, § 3(i)(1), Oct. 31, 1998, 112 Stat. 3126, related to the older American commu- nity service employment program, prior to the general amendment of this subchapter by Pub. L. 106–501. Another prior section 502 of Pub. L. 89–73, title V, as added Pub. 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 classi- fied to section 3041a of this title, prior to repeal by Pub. L. 95–478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558. AMENDMENTS 2016—Subsec. (b)(1)(C)(ii). Pub. L. 114–144, § 6(a)(1)(A), substituted ‘‘3056k(a)(2)(E)’’ for ‘‘3056k(a)(2)(D)’’. Subsec. (b)(1)(N)(i). Pub. L. 114–144, § 6(a)(1)(B), sub- stituted ‘‘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). Pub. L. 114–144, § 6(a)(2)(B), substituted ‘‘, the local workforce development board, and’’ for ‘‘and’’. Pub. L. 114–144, § 6(a)(2)(A), which directed amend- ment of subsec. (d) by inserting ‘‘and the local work- force development board’’ after ‘‘service area’’, was ex- ecuted by making the insertion after ‘‘service area’’ the second place appearing to reflect the probable intent of Congress. Page 5794 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056a Subsec. (e)(3). Pub. L. 114–144, § 6(a)(3), inserted ‘‘, with the State workforce development board and local workforce development board,’’ after ‘‘aging’’. 2014—Subsec. (b)(1)(H). Pub. L. 113–128, § 512(w)(3)(A)(i)(I), substituted ‘‘will coordinate activi- ties 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 Invest- ment Act of 1998 (29 U.S.C. 2801 et seq.), including uti- lizing the one-stop delivery system of the local work- force investment areas involved’’. Subsec. (b)(1)(O). Pub. L. 113–128, § 512(w)(3)(A)(i)(II), substituted ‘‘through the one-stop delivery system of the local workforce development areas involved as es- tablished under section 121(e) of the Workforce Innova- tion and Opportunity Act, and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local work- force development board in accordance with section 121(c) of such Act’’ for ‘‘through the one-stop delivery system of the local workforce investment areas in- volved as established under section 134(c) of the Work- force Investment Act of 1998 (29 U.S.C. 2864(c)), and will be involved in the planning and operations of such sys- tem 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. (b)(1)(Q)(i). Pub. 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(b) of the Work- force Innovation and Opportunity Act’’ for ‘‘paragraph (8), relating to coordination with other Federal pro- grams, of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))’’. Subsec. (b)(1)(Q)(ii). Pub. L. 113–128, § 512(w)(3)(A)(i)(III)(bb), substituted ‘‘paragraph (2)(C)(i), relating to implementation of one-stop deliv- ery systems, of section 102(b) of the Workforce Innova- tion and Opportunity Act’’ for ‘‘paragraph (14), relating to implementation of one-stop delivery systems, of sec- tion 112(b) of the Workforce Investment Act of 1998’’. Subsec. (b)(3)(A). Pub. L. 113–128, § 512(w)(3)(A)(ii)(I), substituted ‘‘An assessment and service strategy re- quired 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 quali- fies 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 employ- ment 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 train- ing services described in section 134(d) of such Act (29 U.S.C. 2864(d)).’’ Subsec. (b)(3)(B). Pub. L. 113–128, § 512(w)(3)(A)(ii)(II), substituted ‘‘Workforce Innovation and Opportunity Act’’ for ‘‘Workforce Investment Act of 1998’’ in head- ing and ‘‘An assessment and service strategy or indi- vidual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act’’ for ‘‘An assessment and service strategy or indi- vidual 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). Pub. L. 113–128, § 512(w)(3)(B), sub- stituted ‘‘one-stop delivery systems established under section 121(e) of the Workforce Innovation and Oppor- tunity 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 Pub. 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 Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE Pub. 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. ‘‘(b) REGULATIONS AND EXPECTED LEVELS OF PERFORM- ANCE.— ‘‘(1) REGULATIONS.—Effective on the date of enact- ment 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 Pub. L. 89–73, set out as a note under section 3001 of this title. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR PAR- TICIPANTS IN COMMUNITY SERVICE ACTIVITIES UNDER TITLE V OF THE OLDER AMERICANS ACT OF 1965 Pub. 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 commu- nity service activities under title V of the Older Ameri- cans 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 ex- tend 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 deter- mines 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 de- scribed in section 502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)(C)) to a cap the Sec- retary 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, de- scribed in section 502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to an amount not to ex- ceed 20 percent of the grant amount if the Secretary determines that such increase is necessary to ade- quately respond to the additional administrative needs to respond to the COVID–19 public health emer- gency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).’’ § 3056a. Administration (a) State plan (1) Governor For a State to be eligible to receive an allot- ment under section 3056d of this title, the Gov- ernor of the State shall submit to the Sec- retary for consideration and approval, a single