WASHINGTON – In response to the March 25, 2020, reauthorization of the Older Americans Act through the Supporting Older Americans Act of 2020, the U.S. Department of Labor today published two notices to revise its Senior Community Service Employment Program regulations to conform to the changes. 

The department published a direct final rule and a proposed rule to incorporate new statutory text, define formerly incarcerated individuals and clarify the five-year period used to determine eligibility for a formerly incarcerated individual.  

To align with the Supporting Older Americans Act of 2020, the department’s Employment and Training Administration recommends the following changes: 

Provide an operational definition of “formerly incarcerated individuals,” which includes those who were incarcerated at any point within the last five years, or those who were under supervision following a release from jail or prison during the previous five years. 
Update regulatory definitions of “most-in-need” and “individuals with barriers to employment” to include “formerly incarcerated individuals.”
Add this category of individuals to the list of categories grantees may choose from to make eligible for an increased period of participation. 
Add a requirement that grantees identify and report on the relative distribution of formerly incarcerated individuals in the State Plan. 

The proposed rule will be published concurrently with the direct final rule. The direct final rule will go into effect unless the department receives significant adverse comment within 30 days of publication. If a significant adverse comment is submitted, the department will withdraw the direct final rule and treat such comment as a response to the Notice of Proposed Rulemaking.

Submit public comments related to the publication of the notices announced today.

Each Notice of Proposed Rulemaking is available for public inspection in the Federal Register.

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