---
kind: "section"
citation: "42 U.S.C. § 3056"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3056"
heading: "Older American community service employment program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3056"
units:
  - "Chapter 35 — Programs for Older Americans"
  - "Subchapter IX — Community Service Senior Opportunities"
---

# §3056. Older American community service employment program

- (a) **In general—**
  - (1) **Establishment of program—** To foster individual economic self-sufficiency and promote useful opportunities in [community service](/usc/42/3056p.md?p=a-1) activities (which shall include [community service employment](/usc/42/3056p.md?p=a-2)) for [unemployed](/usc/42/3056p.md?p=a-9) low-[income](/usc/42/3056p.md?p=a-4) 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](/usc/42/3002.md?p=46) of Labor (referred to in this subchapter as the “[Secretary](/usc/42/3002.md?p=46)”) may establish an older American [community service employment](/usc/42/3056p.md?p=a-2) [program](/usc/42/3056p.md?p=a-7).
  - (2) **Use of appropriated amounts—** Amounts appropriated to carry out this subchapter 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](/usc/42/3002.md?p=46) may make grants to public and [nonprofit](/usc/42/3002.md?p=39) private [agencies](/usc/42/8262.md?p=1) and organizations, [agencies](/usc/42/8262.md?p=1) of a [State](/usc/42/3002.md?p=51), and [tribal organizations](/usc/42/3002.md?p=56) to carry out the [program](/usc/42/3056p.md?p=a-7) established under [subsection (a)](#a). Such grants may provide for the payment of costs, as provided in [subsection (c)](#c), of [projects](/usc/42/13641.md?p=2) developed by such organizations and [agencies](/usc/42/8262.md?p=1) in cooperation with the [Secretary](/usc/42/3002.md?p=46) in order to make such [program](/usc/42/3056p.md?p=a-7) effective or to supplement such [program](/usc/42/3056p.md?p=a-7). The [Secretary](/usc/42/3002.md?p=46) shall make the grants from allotments made under [section 3056d of this title](/usc/42/3056d.md), and in accordance with [section 3056l](/usc/42/3056l.md) of this title. No payment shall be made by the [Secretary](/usc/42/3002.md?p=46) toward the cost of any [project](/usc/42/13641.md?p=2) established or administered by such an organization or [agency](/usc/42/8262.md?p=1) unless the [Secretary](/usc/42/3002.md?p=46) determines that such [project](/usc/42/13641.md?p=2)—
    - (A) will provide [community service employment](/usc/42/3056p.md?p=a-2) only for [eligible individuals](/usc/42/3056p.md?p=a-3-A) except for necessary technical, administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be recruited from among [eligible individuals](/usc/42/3056p.md?p=a-3-A);
    - (B)
      - (i) will provide [community service employment](/usc/42/3056p.md?p=a-2) and other authorized activities for [eligible individuals](/usc/42/3056p.md?p=a-3-A) in the community in which such individuals reside, or in nearby communities; or
      - (ii) if such [project](/usc/42/13641.md?p=2) is carried out by a [tribal organization](/usc/42/3002.md?p=56) that receives a grant under this subsection or receives assistance from a [State](/usc/42/3002.md?p=51) that receives a grant under this subsection, will provide [community service employment](/usc/42/3056p.md?p=a-2) and other authorized activities for such individuals, including those who are [Indians](/usc/42/3002.md?p=26) residing on an [Indian](/usc/42/3002.md?p=26) reservation, as defined in [section 3501 of title 25](/usc/25/3501.md);
    - (C) will comply with an average participation cap for [eligible individuals](/usc/42/3056p.md?p=a-3-A) (in the aggregate) of—
      - (i) 27 months; or
      - (ii) pursuant to the request of a grantee, an extended period of participation established by the [Secretary](/usc/42/3002.md?p=46) for a specific [project](/usc/42/13641.md?p=2) area for such grantee, up to a period of not more than 36 months, if the [Secretary](/usc/42/3002.md?p=46) determines that extenuating circumstances exist relating to the factors identified in [section 3056k(a)(2)(E) of this title](/usc/42/3056k.md?p=a-2-E) that justify such an extended period for the [program](/usc/42/3056p.md?p=a-7) year involved;
    - (D) will employ [eligible individuals](/usc/42/3056p.md?p=a-3-A) in service related to publicly owned and operated facilities and [projects](/usc/42/13641.md?p=2), or [projects](/usc/42/13641.md?p=2) sponsored by [nonprofit](/usc/42/3002.md?p=39) organizations (excluding political parties exempt from taxation under [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3)), but excluding [projects](/usc/42/13641.md?p=2) involving the [construction](/usc/42/300s–3.md?p=7), operation, 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 support for children, youth, and families;
    - (F) will provide [community service employment](/usc/42/3056p.md?p=a-2) and other authorized activities for [eligible individuals](/usc/42/3056p.md?p=a-3-A);
    - (G)
      - (i) will not reduce the number of employment opportunities or vacancies that would otherwise be available to individuals not participating in the [program](/usc/42/3056p.md?p=a-7);
      - (ii) will not displace currently employed workers (including partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits);
      - (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](/usc/42/3056p.md?p=a-3-A) 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](/usc/29/3111.md) et seq.], including utilizing the one-stop delivery system of the local workforce development areas involved to recruit [eligible individuals](/usc/42/3056p.md?p=a-3-A) to ensure that the maximum number of [eligible individuals](/usc/42/3056p.md?p=a-3-A) will have an opportunity to participate in the [project](/usc/42/13641.md?p=2);
    - (I) will include such training (such as work experience, on-the-job training, and classroom 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 equivalent to the wage described in [subparagraph (J)](#b-1-J);
    - (J) will ensure that safe and healthy employment conditions will be provided, and will ensure that participants employed in [community service](/usc/42/3056p.md?p=a-1) 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 applicable to such a participant under the Fair Labor Standards Act of 1938 ([29 U.S.C. 201](/usc/29/201.md) et seq.), if [section 6(a)(1)](/usc/29/6.md) of such Act ([29 U.S.C. 206(a)(1)](/usc/29/206.md?p=a-1)) applied to the participant and if the participant were not exempt under [section 13](/usc/29/13.md) of such Act ([29 U.S.C. 213](/usc/29/213.md));
      - (ii) the [State](/usc/42/3002.md?p=51) 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 [community service employment](/usc/42/3056p.md?p=a-2) or other authorized activities are being provided, and of persons who are knowledgeable about the needs of [older individuals](/usc/42/3002.md?p=40);
    - (L) will authorize payment for necessary [supportive services](/usc/42/3056p.md?p=a-8) costs (including transportation costs) of [eligible individuals](/usc/42/3056p.md?p=a-3-A) that may be incurred in training in any [project](/usc/42/13641.md?p=2) funded under this subchapter, in accordance with rules issued by the [Secretary](/usc/42/3002.md?p=46);
    - (M) will ensure that, to the extent feasible, such [project](/usc/42/13641.md?p=2) will serve the needs of minority and [Indian](/usc/42/3002.md?p=26) [eligible individuals](/usc/42/3056p.md?p=a-3-A), [eligible individuals](/usc/42/3056p.md?p=a-3-A) with limited English proficiency, and [eligible individuals](/usc/42/3056p.md?p=a-3-A) with [greatest economic need](/usc/42/3002.md?p=23), at least in proportion to their numbers in the area served and take into consideration their rates of poverty and unemployment;
    - (N)
      - (i) will prepare an assessment of the participants’ skills and talents and their needs for services, except to the extent such [project](/usc/42/13641.md?p=2) has, for the participant involved, recently prepared an assessment of such skills and talents, and such needs, pursuant to another employment or training [program](/usc/42/3056p.md?p=a-7) (such as a [program](/usc/42/3056p.md?p=a-7) under the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](/usc/29/3101.md) et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](/usc/20/2301.md) et seq.), or part A of title IV of the Social Security Act ([42 U.S.C. 601](/usc/42/601.md) et seq.)) and will prepare a related service strategy;
      - (ii) will provide training and employment counseling to [eligible individuals](/usc/42/3056p.md?p=a-3-A) based on strategies that identify appropriate employment objectives and the need for [supportive services](/usc/42/3056p.md?p=a-8), developed as a result of the assessment and service strategy provided for in [clause (i)](#b-1-N-i), and provide other appropriate information regarding such [project](/usc/42/13641.md?p=2); and
      - (iii) will provide counseling to participants on their progress in meeting such objectives and satisfying their need for [supportive services](/usc/42/3056p.md?p=a-8);
    - (O) will provide appropriate services for participants, or refer the participants to appropriate services, 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 [[29 U.S.C. 3151(e)](/usc/29/3151.md?p=e)], and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the [local workforce development board](/usc/42/3056p.md?p=a-5) in accordance with section 121(c) of such Act [[29 U.S.C. 3151(c)](/usc/29/3151.md?p=c)];
    - (P) will post in such [project](/usc/42/13641.md?p=2) workplace a notice, and will make available to each person associated with such [project](/usc/42/13641.md?p=2) a written explanation—
      - (i) clarifying the law with respect to political activities allowable and unallowable under [chapter 15](/usc/5/chptII/ch15.md) of title 5 applicable to the [project](/usc/42/13641.md?p=2) and to each category of individuals associated with such [project](/usc/42/13641.md?p=2); and
      - (ii) 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;
    - (Q) will provide to the [Secretary](/usc/42/3002.md?p=46) the description and information described in—
      - (i) clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal [programs](/usc/42/3056p.md?p=a-7), of section 102(b) of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3112(b)](/usc/29/3112.md?p=b)]; and
      - (ii) paragraph (2)(C)(i), relating to implementation 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](/usc/42/13641.md?p=2) (including [State agencies](/usc/42/3002.md?p=52), local entities, subgrantees, and subcontractors) and affiliates of such entities receive an amount of the administrative cost [allocation](/usc/42/2021b.md?p=2) determined by the [Secretary](/usc/42/3002.md?p=46), in consultation with grantees, to be sufficient.
  - (2) **Regulations—** The [Secretary](/usc/42/3002.md?p=46) 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 required by [paragraph (1)(N)](#b-1-N) to be prepared for an [eligible individual](/usc/42/3056p.md?p=a-3-A) 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 [[29 U.S.C. 3151](/usc/29/3151.md) et seq.], in order to determine whether such [eligible individual](/usc/42/3056p.md?p=a-3-A) also qualifies for career or training services described in section 134(c) of such Act [[29 U.S.C. 3174(c)](/usc/29/3174.md?p=c)].
    - (B) **Prepared under Workforce Innovation and Opportunity Act—** An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3151](/usc/29/3151.md) et seq.] for an [eligible individual](/usc/42/3056p.md?p=a-3-A) may be used to comply with the requirement specified in [subparagraph (A)](#b-3-A).
- (c) **Federal share and use of funds—**
  - (1) **Federal share—** The [Secretary](/usc/42/3002.md?p=46) may pay a Federal share not to exceed 90 percent of the cost of any [project](/usc/42/13641.md?p=2) for which a grant is made under [subsection (b)](#b), except that the [Secretary](/usc/42/3002.md?p=46) may pay all of such cost if such [project](/usc/42/13641.md?p=2) is—
    - (A) an emergency or [disaster](/usc/42/5204.md?p=2) [project](/usc/42/13641.md?p=2); or
    - (B) a [project](/usc/42/13641.md?p=2) located in an economically depressed area, as determined by the [Secretary](/usc/42/3002.md?p=46) in consultation with the [Secretary](/usc/42/3002.md?p=46) of Commerce and the [Secretary](/usc/42/3002.md?p=46) 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](/usc/42/3002.md?p=46) 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](/usc/42/3002.md?p=46) for a [project](/usc/42/13641.md?p=2), not to exceed 13.5 percent shall be available for any fiscal year to pay the administrative costs of such [project](/usc/42/13641.md?p=2), except that—
    - (A) the [Secretary](/usc/42/3002.md?p=46) 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](/usc/42/3002.md?p=46) determines, based on information submitted by the grantee under [subsection (b)](#b), that such increase is necessary to carry out such [project](/usc/42/13641.md?p=2); and
    - (B) if the grantee under [subsection (b)](#b) demonstrates to the [Secretary](/usc/42/3002.md?p=46) that—
      - (i) major administrative cost increases are being incurred in necessary [program](/usc/42/3056p.md?p=a-7) 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](/usc/42/3002.md?p=46);
      - (ii) the number of [community service employment](/usc/42/3056p.md?p=a-2) positions in the [project](/usc/42/13641.md?p=2) or the number of minority [eligible individuals](/usc/42/3056p.md?p=a-3-A) participating in the [project](/usc/42/13641.md?p=2) will decline if the amount available to pay the administrative costs is not increased; or
      - (iii) the size of the [project](/usc/42/13641.md?p=2) is so small that the amount of administrative costs incurred to carry out the [project](/usc/42/13641.md?p=2) necessarily exceeds 13.5 percent of the grant amount;

      the [Secretary](/usc/42/3002.md?p=46) shall increase the amount available for such fiscal year to pay the administrative costs to an amount not to exceed 15 percent of the grant amount.

  - (4) **Administrative costs—** For purposes of this subchapter, administrative 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 administrative 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 findings arising from audits, reviews, investigations, 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](/usc/42/3002.md?p=2) of government funds and associated [programs](/usc/42/3056p.md?p=a-7).
    - (B) The costs of performing oversight and monitoring responsibilities related to administrative functions.
    - (C) The costs of goods and services required for administrative functions of the [project](/usc/42/13641.md?p=2) involved, including goods and services 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 activities or overall management.
    - (E) The costs of information systems related to administrative functions (such as personnel, procurement, purchasing, property management, accounting, and payroll systems), including the purchase, systems development, and operating costs of such systems.
    - (F) The costs of technical assistance, professional organization membership dues, and evaluating results obtained by the [project](/usc/42/13641.md?p=2) involved against stated objectives.
  - (5) **Non-Federal share of administrative costs—** To the extent practicable, an entity that carries out a [project](/usc/42/13641.md?p=2) under this subchapter shall provide for the payment of the expenses described in [paragraph (4)](#c-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](/usc/42/13641.md?p=2) 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’ compensation or unemployment compensation), 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 accumulated sick leave [program](/usc/42/3056p.md?p=a-7), except that no amounts provided under this subchapter 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, materials, 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 pursuant to other appropriate arrangements;
      - (iii) job placement assistance, including job development and job search assistance;
      - (iv) participant [supportive services](/usc/42/3056p.md?p=a-8) to enable a participant to successfully participate in a [project](/usc/42/13641.md?p=2) under this subchapter, which may include the payment of reasonable costs of transportation, health and medical services, special job-related or personal counseling, incidentals (such as work shoes, badges, uniforms, eyeglasses, and tools), [child](/usc/42/3030s.md?p=a-2) 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)](#b), a grantee under this subchapter—
      - (i) except as provided in [clause (ii)](#c-6-B-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)](#c-6-A-i) for [eligible individuals](/usc/42/3056p.md?p=a-3-A) who are employed under [projects](/usc/42/13641.md?p=2) carried out under this subchapter; or
      - (ii) that obtains approval for a request described in [subparagraph (C)](#c-6-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-6-A-i).
    - (C) **Request to use additional funds for programmatic activity costs—**
      - (i) **In general—** A grantee may submit to the [Secretary](/usc/42/3002.md?p=46) a request for approval—
        - (I) to use not less than 65 percent of the grant funds to pay the wages, benefits, and other costs described in [subparagraph (A)(i)](#c-6-A-i);
        - (II) to use the percentage of grant funds described in [paragraph (3)](#c-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 participants to provide activities described in clauses [(ii)](#c-6-A-ii) and [(iv)](#c-6-A-iv) of subparagraph (A), in which case the grantee shall provide (from the funds described in this subclause) the subsistence allowance described in [subsection (b)(1)(I)](#b-1-I) for those individual participants who are receiving training described in that subsection from the funds described in this subclause, but may not use the funds described in this subclause to pay for any administrative costs; and
        - (IV) to use the remaining grant funds to provide activities described in clauses [(ii)](#c-6-A-ii) through [(v)](#c-6-A-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)](#c-6-C-i-III) and [(IV)](#c-6-C-i-IV) of clause (i), consistent with those subclauses;
        - (II) an explanation documenting how the provision of such activities will improve the effectiveness of the [project](/usc/42/13641.md?p=2), including an explanation concerning whether any displacement of [eligible individuals](/usc/42/3056p.md?p=a-3-A) 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 concerning how the activities will improve employment outcomes for individuals served, based on the assessment conducted under [subsection (b)(1)(N)](#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)](#c-6-C-i-III) and [(IV)](#c-6-C-i-IV) of clause (i).
      - (iii) **Submission—** The grantee shall submit a request described in [clause (i)](#c-6-C-i) not later than 90 days before the proposed date of implementation contained in the request. Not later than 30 days before the proposed date of implementation, the [Secretary](/usc/42/3002.md?p=46) shall approve, approve as modified, or reject the request, on the basis of the information included in the request as described in [clause (ii)](#c-6-C-ii).
    - (D) **Report—** Each grantee under [subsection (b)](#b) shall annually prepare and submit to the [Secretary](/usc/42/3002.md?p=46) a report documenting the grantee’s use of funds for activities described in clauses [(i)](#c-6-A-i) through [(v)](#c-6-A-v) of subparagraph (A).
- (d) **Project description—** Whenever a grantee conducts a [project](/usc/42/13641.md?p=2) within a [planning and service area](/usc/42/3002.md?p=43) in a [State](/usc/42/3002.md?p=51), such grantee shall conduct such [project](/usc/42/13641.md?p=2) in consultation with the [area agency on aging](/usc/42/3002.md?p=6) of the [planning and service area](/usc/42/3002.md?p=43) and the [local workforce development board](/usc/42/3056p.md?p=a-5) and shall submit to the [State agency](/usc/42/3002.md?p=52), the [local workforce development board](/usc/42/3056p.md?p=a-5), and the [area agency on aging](/usc/42/3002.md?p=6) a description of such [project](/usc/42/13641.md?p=2) to be conducted in the [State](/usc/42/3002.md?p=51), including the location of the [project](/usc/42/13641.md?p=2), 90 days prior to undertaking the [project](/usc/42/13641.md?p=2), for review and public comment according to guidelines the [Secretary](/usc/42/3002.md?p=46) shall issue to assure efficient and effective coordination of [projects](/usc/42/13641.md?p=2) under this subchapter.
- (e) **Pilot, demonstration, and evaluation projects—**
  - (1) **In general—** The [Secretary](/usc/42/3002.md?p=46), in addition to exercising any other authority contained in this subchapter, shall use funds reserved under [section 3056d(a)(1) of this title](/usc/42/3056d.md?p=a-1) to carry out demonstration [projects](/usc/42/13641.md?p=2), pilot [projects](/usc/42/13641.md?p=2), and evaluation [projects](/usc/42/13641.md?p=2), for the purpose of developing and implementing techniques and approaches, and demonstrating the effectiveness of the techniques and approaches, in addressing the employment and training needs of [eligible individuals](/usc/42/3056p.md?p=a-3-A). The [Secretary](/usc/42/3002.md?p=46) shall enter into such agreements with [States](/usc/42/3002.md?p=51), [public agencies](/usc/42/11851.md?p=8), [nonprofit](/usc/42/3002.md?p=39) private organizations, or private business concerns, as may be necessary, to conduct the [projects](/usc/42/13641.md?p=2) authorized by this subsection. To the extent practicable, the [Secretary](/usc/42/3002.md?p=46) shall provide an opportunity, prior to the development of a demonstration or pilot [project](/usc/42/13641.md?p=2), for the appropriate [area agency on aging](/usc/42/3002.md?p=6) to submit comments on such a [project](/usc/42/13641.md?p=2) in order to ensure coordination of activities under this subchapter.
  - (2) **Projects—** Such [projects](/usc/42/13641.md?p=2) may include—
    - (A) activities linking businesses and [eligible individuals](/usc/42/3056p.md?p=a-3-A), including activities providing assistance to participants transitioning from subsidized activities to private sector employment;
    - (B) demonstration [projects](/usc/42/13641.md?p=2) and pilot [projects](/usc/42/13641.md?p=2) designed to—
      - (i) attract more [eligible individuals](/usc/42/3056p.md?p=a-3-A) into the labor force;
      - (ii) improve the provision of services to [eligible individuals](/usc/42/3056p.md?p=a-3-A) under one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3151(e)](/usc/29/3151.md?p=e)];
      - (iii) enhance the technological skills of [eligible individuals](/usc/42/3056p.md?p=a-3-A); and
      - (iv) provide incentives to grantees under this subchapter for exemplary performance and incentives to businesses to promote their participation in the [program](/usc/42/3056p.md?p=a-7) under this subchapter;
    - (C) demonstration [projects](/usc/42/13641.md?p=2) and pilot [projects](/usc/42/13641.md?p=2), as described in [subparagraph (B)](#e-2-B), for workers who are [older individuals](/usc/42/3002.md?p=40) (but targeted to [eligible individuals](/usc/42/3056p.md?p=a-3-A)) only if such demonstration [projects](/usc/42/13641.md?p=2) and pilot [projects](/usc/42/13641.md?p=2) are designed to assist in developing and implementing techniques and approaches in addressing the employment and training needs of [eligible individuals](/usc/42/3056p.md?p=a-3-A);
    - (D) provision of training and technical assistance to support any [project](/usc/42/13641.md?p=2) funded under this subchapter;
    - (E) dissemination of best [practices](/usc/42/17061.md?p=19) relating to employment of [eligible individuals](/usc/42/3056p.md?p=a-3-A); and
    - (F) evaluation of the activities authorized under this subchapter.
  - (3) **Consultation—** To the extent practicable, entities carrying out [projects](/usc/42/13641.md?p=2) under this subsection shall consult with appropriate area [agencies](/usc/42/8262.md?p=1) on aging, with the [State workforce development board](/usc/42/3056p.md?p=a-5) and [local workforce development board](/usc/42/3056p.md?p=a-5), and with other appropriate [agencies](/usc/42/8262.md?p=1) and entities to promote coordination of activities under this subchapter.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The Workforce Innovation and Opportunity Act, referred 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 Tables.

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 community service employment program, prior to the general 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 community 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 classified 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), 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). 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 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). 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 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. (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 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. (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 Workforce Innovation and Opportunity Act” for “paragraph (8), relating to coordination with other Federal programs, 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 delivery systems, of section 102(b) of the Workforce Innovation and Opportunity Act” for “paragraph (14), relating to implementation of one-stop delivery systems, of section 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 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. (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 heading 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). Pub. 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 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: 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.Regulations and Expected Levels of Performance.— 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. 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 Participants 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 community service activities under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor— 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 may increase the average participation cap for eligible individuals applicable to grantees as described 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 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 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).”
