[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR641.102]

[Page 367-368]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 641--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents
 
                   Subpart A--Introductory Provisions
 
Sec. 641.102  Definitions.

    The following definitions apply to this part:
    OAA means the Older Americans Act of 1965, as amended (42 U.S.C. 
3001 et seq.).
    Area agency on aging means an area agency on aging designated under 
section 305(a)(2)(A) of the OAA or a State agency performing the 
functions of an area agency on aging under section 305(b)(5) of the OAA.
    Authorized position means an enrollment opportunity during a program 
year. The number of authorized positions is derived by dividing the 
total amount of funds appropriated during a program year by the national 
average unit cost per enrollee for that program year as determined by 
the Department. The national average unit cost includes all 
administration costs, other enrollee costs, and enrollee wage and fringe 
benefit costs. An allotment of the total dollars for the grantee is 
divided by the national unit cost to determine the total number of 
authorized positions for each grant agreement.
    Community service means social, health, welfare, and educational 
services (particularly literacy tutoring); legal assistance, and other 
counseling services, including tax counseling and assistance and 
financial counseling; library, recreational, day care and other similar 
services; conservation, maintenance, or restoration of natural 
resources; community betterment or beautification; pollution control and 
environmental quality efforts; weatherization activities; and includes 
inter-generational projects; but is not limited to the above. It 
excludes building and highway construction (except that which normally 
is performed by the project sponsor) and work which primarily benefits 
private, profitmaking organizations. [Section 507(2) of the OAA.]
    Department and DOL mean the United States Department of Labor, 
including its agencies and organizational units.
    Disability means a physical or mental impairment of an individual 
that substantially limits one or more major life activities; a record of 
such impairment; or being regarded as having such an impairment. [29 CFR 
parts 32 and 34.]
    Dual eligibility means individuals eligible under title V who are 
enrolled in a joint program established under a written financial or 
non-financial agreement to jointly operate programs with JTPA are deemed 
to satisfy the requirements of all JTPA programs funded under Title II-A 
of the JTPA.
    Eligible individual means a person who is 55 years of age, or older, 
and who has a low income as defined in this section. [Section 507(1) of 
the OAA.]
    Eligible organization means an organization which is legally capable 
of receiving and using Federal funds under the OAA and entering into a 
grant or other agreement with the Department to carry out the provisions 
of title V of the OAA. [Section 502(b)(1) of the OAA.]
    Employment and training program(s) means publicly funded efforts 
designed to offer employment, training and/or placement services which 
enhance an individual's employability. The term is used in this part to 
include, but is not limited to, the JTPA or similar legislation and 
State or local programs of a similar nature.
    Enrollee means an individual who is eligible, receives services, and 
is paid wages for engaging in community service assignments under a 
project.
    Grantee means an eligible organization which has entered into a 
grant agreement with the Department under this part.
    Greatest economic need means the need resulting from an income level 
at or below the poverty line based on guidelines provided by the 
Department.
    Greatest social need, as defined at section 102(a)(30) of the OAA, 
means the need caused by noneconomic factors which include:
    (1) Physical and mental disabilities;
    (2) Language barriers; and
    (3) Cultural, social, or geographical isolation, including isolation 
caused by racial or ethnic status.
    Host agency means a public agency or a private non-profit 
organization, other than a political party or any facility used or to be 
used as a place for sectarian religious instruction or worship, exempt 
from taxation under the provisions of section 501(c)(3) of the Internal 
Revenue Code of 1986, which provides a

[[Page 368]]

work site and supervision for an enrollee.
    Individual development plan means a plan for an enrollee which shall 
include an employment goal, achievement objectives, and appropriate 
sequence of services for the enrollee based on an assessment conducted 
by the grantee or subgrantee and jointly agreed upon by the enrollee.
    JTPA means the Job Training Partnership Act (29 U.S.C. 1501 et 
seq.).
    Low income means an income of the family which, during the preceding 
six months on an annualized basis or the actual income during the 
preceding 12 months, whichever is more beneficial to the applicant, is 
not more than 125 percent of the poverty levels established and 
periodically updated by the U.S. Department of Health and Human 
Services. In addition, an individual who receives, or is a member of a 
family which receives, regular cash welfare payments shall be deemed to 
have a low income for purposes of this part.
    Poor employment prospects means the unlikelihood of an otherwise 
eligible individual obtaining employment without the assistance of this 
or other employment and training programs. Persons with poor employment 
prospects include, but are not limited to, those without a substantial 
employment history, basic skills, English-language proficiency, or 
displaced homemakers, school dropouts, disabled veterans, homeless or 
residing in socially and economically isolated rural or urban areas 
where employment opportunities are limited.
    Program year means the one-year period covered by a grant agreement 
beginning July 1 and ending on June 30.
    Project means an undertaking by a grantee or subgrantee, pursuant to 
a grant agreement between the Department and the grantee, which provides 
for community service opportunities for eligible individuals and the 
delivery of associated services.
    Reallocation means a redistribution of funds by a grantee.
    Reallotment means the redistribution of allotted title V funds by 
the Department from one State to another State(s) or from one grantee to 
another grantee.
    Residence means an individual's declared dwelling place or address. 
No requirement pertaining to length of residency prior to enrollment 
shall be imposed.
    SCSEP means the Senior Community Service Employment Program as 
authorized under title V of the OAA.
    State agency on aging means the sole agency designated by the State, 
in accordance with regulations of the Assistant Secretary on Aging, 
pursuant to section 305(a)(1) of the 0AA.
    Subgrantee means the legal entity to which a subgrant is awarded by 
a grantee and which is accountable to the grantee (or higher tier 
subgrantee) for the use of the funds provided.
    Title V of the OAA means 42 U.S.C. 3056 et seq.