§ 3056a. Administration

(a) State Senior Employment Services Coordination Plan

(1) Governor submits plan

     The Governor of each State shall submit annually to the Secretary a State Senior Employment Services Coordination Plan, containing such provisions as the Secretary may require, consistent with the provisions of this subchapter, including a description of the process used to ensure the participation of individuals described in paragraph (2).

(2) Recommendations

     In developing the State plan prior to its submission to the Secretary, the Governor shall obtain the advice and recommendations of—

     (A) individuals representing the State and area agencies on aging in the State, and 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.);

     (B) individuals representing public and private nonprofit 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, underserved older individuals, community-based organizations serving the needs of older individuals, business organizations, and labor organizations.

(3) Comments

     Any State plan submitted by a Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (4) and a summary thereof.

(4) Plan provisions

     The State Senior Employment Services Coordination 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 that State;

     (B) the relative distribution of individuals residing in rural and urban areas within the State;

     (C) the relative distribution of—

     (i) eligible individuals who are individuals with greatest economic need;

     (ii) eligible individuals who are minority individuals; and

     (iii) eligible individuals who are individuals with greatest social need;

     (D) consideration of the employment situations and the type of skills possessed by local eligible individuals;

     (E) the localities and populations for which community service projects of the type authorized by this subchapter are most needed; and

     (F) 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.].

(5) Governor’s recommendations on grant proposals

     Prior to the submission to the Secretary of any proposal for a grant under this subchapter for any fiscal year, the Governor of each State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit recommendations to the Secretary—

     (A) regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this subchapter within the State (including such distribution among urban and rural areas), taking into account the total number of positions to be provided by all grantees within 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 within the State under this subchapter for any fiscal year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas.

(6) Disruptions

     In developing plans and considering recommendations under this subsection, disruptions in the provision of community service employment opportunities for current enrollees shall be avoided, to the greatest possible extent.

(7) Determination; review

(A) Determination

     In order to effectively carry out the provisions of this subchapter, each State shall make available for public comment its senior employment services coordination plan. The Secretary, in consultation with the Assistant Secretary, shall review the plan and public comments received on 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 an agency of the State government, the distribution of projects and services under this subchapter within the State including the distribution between urban and rural areas within the State. For each proposed reallocation of projects or services within a State, the Secretary shall give notice and opportunity for public comment.

(8) Exemption

     The grantees serving older American Indians under section 3056d(a)(3) of this title will not be required to participate in the State planning processes described in this section but will collaborate with the Secretary to develop a plan for projects and services to older American Indians.

(b) Coordination of program with other Federal programs

     (1) The Secretary of Labor and the Assistant Secretary shall coordinate the programs under this subchapter and the programs under other subchapters of this chapter to increase job opportunities available to older individuals.

     (2) The Secretary shall coordinate the program assisted under this subchapter with programs authorized under the Workforce Investment Act of 1998, the Community Services Block Grant Act [42 U.S.C. 9901 et seq.], the Rehabilitation Act of 1973 (as amended by the Rehabilitation Act Amendments of 1998 (29 U.S.C. 701 et seq.)), the Carl D. Perkins Vocational and Technical Education Act of 1998 (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. Appropriations under this subchapter shall not be used to carry out any program under the Workforce Investment Act of 1998, the Community Services Block Grant Act, the Rehabilitation Act of 1973 (as amended by the Rehabilitation Act Amendments of 1998), the Carl D. Perkins Vocational and Technical Education Act of 1998, the National and Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973. The preceding sentence shall not be construed to prohibit carrying out projects under this subchapter jointly with programs, projects, or activities under any Act specified in such sentence, or from carrying out section 3056j of this title.

     (3) The Secretary shall distribute to grantees under this subchapter, for distribution to program enrollees, and at no cost to grantees or enrollees, informational materials developed and supplied by the Equal Employment Opportunity Commission and other appropriate Federal agencies which the Secretary determines are designed to help enrollees identify age discrimination and 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 of other agencies

     In carrying out the provisions of this subchapter, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities 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) Delegation of functions prohibited

     The Secretary shall not delegate any function of the Secretary under this subchapter to any other department or agency of the Federal Government.

(f) Monitoring, compliance, reports, and records

     (1) The Secretary shall monitor projects receiving financial assistance under this subchapter to determine whether the grantees are complying with the provisions of and regulations issued under this subchapter, including compliance with the statewide planning, consultation, and coordination provisions under this subchapter.

     (2) Each grantee receiving 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 receiving funds, as issued as circulars or rules of the Office of Management and Budget.

     (3) 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) Each grantee described in paragraph (2) shall keep records that—

     (A) are sufficient to permit the preparation of reports required pursuant to 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 and reports to Congress

     The Secretary shall establish by regulation and implement a process to evaluate the performance of projects and services, pursuant to section 3056k of this title, carried out under this subchapter. The Secretary shall report to Congress and make available to the public the results of each such evaluation and use such evaluation to improve services delivered, or the operation of projects carried out under this subchapter.

(Pub. L. 89–73, title V, § 503, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2272.)

References in Text

     The Workforce Investment Act of 1998, referred to in subsecs. (a)(2)(A), (4)(F) and (b)(2), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the Act is classified principally to chapter 30 (§ 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.

     The Community Services Block Grant Act, referred to in subsec. (b)(2), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, §§ 671 to 683, Aug. 13, 1981, 95 Stat. 511, as amended, 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 (as amended by the Rehabilitation Act Amendments of 1998), referred to in subsec. (b)(2), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended by Pub. L. 105–220, title IV, Aug. 7, 1998, 112 Stat. 1092, 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 Vocational and Technical Education Act of 1998, referred to in subsec. (b)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended, 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), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, as amended, 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), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, as amended, 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, as amended, 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.

Prior Provisions

     A 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.

Section Referred to in Other Sections

     This section is referred to in sections 3056e, 3056f of this title.