42 U.S.C. § 3056a (THE PUBLIC HEALTH AND WELFARE)
§ 3056a. Administration
(a) State plan
(1) Governor
For a State to be eligible to receive an allotment under section 3056d of this title, the Governor of the State shall submit to the Secretary for consideration and approval, a single State plan (referred to in this subchapter as the “State plan”) that outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for eligible individuals under this subchapter. The plan shall contain such provisions as the Secretary may require, consistent with this subchapter, including a description of the process used to ensure the participation of individuals described in paragraph (2). Not less often than every 2 years, the Governor shall review the State plan and submit an update to the State plan to the Secretary for consideration and approval.
(2) Recommendations
In developing the State plan prior to its submission to the Secretary, the Governor shall seek the advice and recommendations of—
(A) individuals representing the State agency and the area agencies on aging in the State, and the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.];
(B) individuals representing public and nonprofit private agencies and organizations providing employment services, including each grantee operating a project under this subchapter in the State; and
(C) individuals representing social service organizations providing services to older individuals, grantees under subchapter III of this chapter, affected communities, unemployed older individuals, community-based organizations serving the needs of older individuals, business organizations, and labor organizations.
(3) Comments
Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (8), and a summary of the comments.
(4) Plan provisions
The State plan shall identify and address—
(A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in the State;
(B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and
(C) the relative distribution of—
(i) eligible individuals who are individuals with greatest economic need;
(ii) eligible individuals who are minority individuals;
(iii) eligible individuals who are limited English proficient;
(iv) eligible individuals who are individuals with greatest social need; and
(v) eligible individuals who have been incarcerated within the last 5 years or are under supervision following release from prison or jail within the last 5 years;
(D) the current and projected employment opportunities in the State (such as by providing information available under section 49l–2 of title 29 by occupation), and the type of skills possessed by local eligible individuals;
(E) the localities and populations for which projects of the type authorized by this subchapter are most needed; and
(F) how the activities of grantees in the State under this subchapter will be coordinated with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and other related programs (referred to in this subparagraph as “WIOA and related activities”), and how the State will reduce unnecessary duplication between the activities carried out under this subchapter and the WIOA and related activities.
(5) Governor’s recommendations
Before a proposal for a grant under this subchapter for any fiscal year is submitted to the Secretary, the Governor of the State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit to the Secretary—
(A) recommendations regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this subchapter in the State (including such distribution among urban and rural areas), taking into account the total number of positions to be provided by all grantees in the State;
(B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously encumbered positions in other areas; and
(C) in the case of any increase in funding that may be available for use in the State under this subchapter for the fiscal year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas.
(6) Combined State plan
In lieu of the plan described in paragraph (1), a State may develop and submit a combined State plan in accordance with section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113). For a State that obtains approval of such a combined State plan, that section 103 shall apply in lieu of this subsection and a reference in any other provision of this subchapter (other than this subsection) to a State plan shall be considered to be a reference to that combined State plan.
(7) Disruptions
In developing a plan or considering a recommendation under this subsection, the Governor shall avoid disruptions in the provision of services for participants to the greatest possible extent.
(8) Determination; review
(A) Determination
In order to effectively carry out this subchapter, each State shall make the State plan available for public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan and make a written determination with findings and a decision regarding the plan.
(B) Review
The Secretary may review, on the Secretary’s own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this subchapter in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(9) Exemption
The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 3056d(a)(3) of this title may not be required to participate in the State planning processes described in this section but shall collaborate with the Secretary to develop a plan for projects and services to eligible individuals who are Indians or Pacific Island and Asian Americans, respectively.
(b) Coordination with other Federal programs
(1) In general
The Secretary and the Assistant Secretary shall coordinate the program carried out under this subchapter with programs carried out under other subchapters of this chapter, to increase employment opportunities available to older individuals.
(2) Programs
(A) In general
The Secretary shall coordinate programs carried out under this subchapter with the program carried out under the Workforce Innovation and Opportunity Act, the Community Services Block Grant Act (42 U.S.C. 9901 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this subchapter with the administration of other subchapters of this chapter by the Assistant Secretary to increase the likelihood that eligible individuals for whom employment opportunities under this subchapter are available and who need services under such subchapters receive such services.
(B) Use of funds
(i) Prohibition
Funds appropriated to carry out this subchapter may not be used to carry out any program under the Workforce Innovation and Opportunity Act, the Community Services Block Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the National and Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973.
(ii) Joint activities
Clause (i) shall not be construed to prohibit carrying out projects under this subchapter jointly with programs, projects, or activities under any Act specified in clause (i), or from carrying out section 3056i of this title.
(3) Informational materials on age discrimination
The Secretary shall distribute to grantees under this subchapter, for distribution to program participants, and at no cost to grantees or participants, informational materials developed and supplied by the Equal Employment Opportunity Commission and other appropriate Federal agencies that the Secretary determines are designed to help participants identify age discrimination and to understand their rights under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).
(c) Use of services, equipment, personnel, and facilities
In carrying out this subchapter, the Secretary may use the services, equipment, personnel, and facilities of Federal and other agencies, with their consent, with or without reimbursement, and on a similar basis cooperate with other public and nonprofit private agencies and organizations in the use of services, equipment, and facilities.
(d) Payments
Payments under this subchapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.
(e) No delegation of functions
The Secretary shall not delegate any function of the Secretary under this subchapter to any other Federal officer or entity.
(f) Compliance
(1) Monitoring
The Secretary shall monitor projects for which grants are made under this subchapter to determine whether the grantees are complying with rules and regulations issued to carry out this subchapter (including the statewide planning, consultation, and coordination requirements of this subchapter).
(2) Compliance with uniform cost principles and administrative requirements
Each grantee that receives funds under this subchapter shall comply with the applicable uniform cost principles and appropriate administrative requirements for grants and contracts that are applicable to the type of entity that receives funds, as issued as circulars or rules of the Office of Management and Budget.
(3) Reports
Each grantee described in paragraph (2) shall prepare and submit a report in such manner and containing such information as the Secretary may require regarding activities carried out under this subchapter.
(4) Records
Each grantee described in paragraph (2) shall keep records that—
(A) are sufficient to permit the preparation of reports required by this subchapter;
(B) are sufficient to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully; and
(C) contain any other information that the Secretary determines to be appropriate.
(g) Evaluations
The Secretary shall establish by rule and implement a process to evaluate, in accordance with section 3056k of this title, the performance of projects carried out and services provided under this subchapter. The Secretary shall report to Congress, and make available to the public, the results of each such evaluation and shall use such evaluation to improve services delivered by, or the operation of, projects carried out under this subchapter.
(Pub. L. 89–73, title V, § 503, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2571; amended Pub. L. 113–128, title V, § 512(w)(4), July 22, 2014, 128 Stat. 1715; Pub. L. 114–144, § 6(b), Apr. 19, 2016, 130 Stat. 342; Pub. L. 116–131, title IV, § 401(a)(1), Mar. 25, 2020, 134 Stat. 266.)
heading: Editorial Notes
heading: References in Text
text: The Workforce Innovation and Opportunity Act, referred to in subsecs. (a)(2)(A), (4)(F) and (b)(2)(A), (B)(i), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) 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 Community Services Block Grant Act, referred to in subsec. (b)(2)(A), (B)(i), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(2)(A), (B)(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 National and Community Service Act of 1990, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§ 12501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables.
The Domestic Volunteer Service Act of 1973, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, which is classified principally to chapter 66 (§ 4950 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables.
The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(3), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
heading: Prior Provisions
text: A prior section 3056a, Pub. L. 89–73, title V, § 503, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2272; amended Pub. L. 109–270, § 2(k)(2), Aug. 12, 2006, 120 Stat. 748, related to administration of community service projects, prior to the general amendment of this subchapter by Pub. L. 109–365.
Another prior section 3056a, Pub. L. 89–73, title V, § 503, formerly title IX, § 903, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 722; renumbered title V, § 503, and amended Pub. L. 95–478, title I, § 105(a), (c)(1), (3), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97–115, § 12(d), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98–459, title V, § 502, Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100–175, title I, § 163, Nov. 29, 1987, 101 Stat. 958; Pub. L. 102–375, title I, § 102(b)(1)(B), (9)(E), title V, § 502, Sept. 30, 1992, 106 Stat. 1201, 1202, 1266; Pub. L. 103–171, §§ 3(a)(8), 4(a)(3), Dec. 2, 1993, 107 Stat. 1990, 1991; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(33)(C), (f)(25)(C)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–426, 2681–433, related to administration of community service projects, prior to the general amendment of this subchapter by Pub. L. 106–501.
Another prior section 503 of Pub. L. 89–73 was classified to section 3041b of this title, prior to repeal by Pub. L. 95–478.
heading: Amendments
text: 2020—Subsec. (a)(4)(C)(v). Pub. L. 116–131 added cl. (v).
2016—Subsec. (a)(3). Pub. L. 114–144, § 6(b)(1)(B), substituted “paragraph (8)” for “paragraph (7)”.
Subsec. (a)(4)(F). Pub. L. 114–144, § 6(b)(1)(C), added subpar. (F) and struck out former subpar. (F) which read as follows: “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act.”
Subsec. (a)(6). Pub. L. 114–144, § 6(b)(1)(D), added par. (6). Former par. (6) redesignated (7).
Subsec. (a)(7) to (9). Pub. L. 114–144, § 6(b)(1)(A), redesignated pars. (6) to (8) as (7) to (9), respectively.
Subsec. (b)(2)(B)(i). Pub. L. 114–144, § 6(b)(2), substituted “Workforce Innovation and Opportunity Act” for “Workforce Investment Act of 1998”.
2014—Subsec. (a)(2)(A). Pub. L. 113–128, § 512(w)(4)(A)(i), substituted “the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act” for “the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.
Subsec. (a)(4)(F). Pub. L. 113–128, § 512(w)(4)(A)(ii), substituted “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act” for “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.
Subsec. (b)(2)(A). Pub. L. 113–128, § 512(w)(4)(B), substituted “with the program carried out under the Workforce Innovation and Opportunity Act” for “with the program carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2020 Amendment
text: Pub. L. 116–131, title IV, § 401(b), Mar. 25, 2020, 134 Stat. 267, provided that: “This section [amending this section and sections 3056l and 3056p of this title] shall take effect 1 year after the date of enactment of this Act [Mar. 25, 2020].”
heading: Effective Date of 2014 Amendment
text: 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.