### §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

The term "community service employment" means part-time, temporary employment paid with grant funds in projects described in section 3056(b)(1)(D) of this title, 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

The 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 (42 U.S.C. 1381 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 (42 U.S.C. 401 et seq.), subject to subsection (b).

#### (B) Participation

#### (i) Exclusion

Notwithstanding 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 July 1, 2007, 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) meet the eligibility requirements related to age for, but do not receive, benefits under title II of the Social Security Act (42 U.S.C. 401 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

The 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 (29 U.S.C. 3102).

#### (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) has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 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, as added Pub. L. 109–365, title V, §501, Oct. 17, 2006, 120 Stat. 2588; amended Pub. L. 113–128, title V, §512(w)(8), July 22, 2014, 128 Stat. 1716; Pub. L. 114–144, §6(g), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116–131, title IV, §401(a)(3), Mar. 25, 2020, 134 Stat. 266.)

#### **Editorial Notes**

#### References in Text

The Social Security Act, referred to in subsec. (a)(3)(A), (B)(ii)(III), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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 section 1305 of this title and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(F), 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. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

#### Amendments

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

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

2016—Subsec. (a)(5) to (9). Pub. L. 114–144 added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

2014—Subsec. (b)(2)(F). Pub. L. 113–128 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 (29 U.S.C. 2801 et seq.)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2020 Amendment

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

#### 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.