The Labor Department is seeking comments on proposed revisions to regulations related to its older adult employment program, formally known as the Senior Community Service Employment Program.

The changes are needed, according to the department, so that the regulations conform to the Supporting Older Americans Act of 2020, which re-authorized the long-standing Older Americans Act. The original act became law in July 1965 and was reauthorized previously in 2016.

The older adult employment program includes community services and provides training for low-income, unemployed older adults. Participants also have access to employment assistance through American Job Centers. Work-based job training is meant to serve as a bridge to unsubsidized employment opportunities for participants. 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 individuals.

In general, the Senior Community Service Employment Program rules provide priority of service to certain categories of individuals (such as veterans, individuals with limited English proficiency, or individuals who are homeless or at risk of homelessness), meaning that SCSEP grantees prioritize enrollment of these individuals over those who meet only the basic SCSEP eligibility criteria related to age, income and employment, a Labor Department spokesperson told the McKnight’s Business Daily.

The spokesperson added that the rules also allow for grantees to request increased periods of participation for certain categories of individuals who face particularly substantial barriers to employment, such as individuals with severe disability or individuals who are frail or are age 75 or older.

“The amended statute and the changes to the regulations proposed in this rulemaking add formerly incarcerated older individuals to the categories described above, ensuring that such individuals receive priority of service in the program and providing grantees the opportunity to allow these individuals to participate in the program longer,” the spokesperson said, adding that “the changes also require that grantees include in their state plans an analysis of the relative distribution of formerly incarcerated individuals in the communities they serve.

The proposed regulatory changes would: 

  • Provide an operational definition of “formerly incarcerated individuals” that includes those who were incarcerated at any point within the past 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 from which grantees may choose 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 their state plans.

According to the Labor Department, the 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, then the department will withdraw the direct final rule and treat the comment as a response to the proposal.