§ 3056p. Definitions and rule

• (a) For purposes of this subchapter:
  • (1) 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) 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)
    • (A) 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)
      • (i) 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) 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) 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) 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) 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) The term “program” means the older American community service employment program established under this subchapter.
  • (8) 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) 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) 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.