Page:United States Statutes at Large Volume 120.djvu/2595

 120 STAT. 2564

PUBLIC LAW 109–365—OCT. 17, 2006 ‘‘(A) will provide community service employment only for eligible individuals except for necessary technical, administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be recruited from among eligible individuals; ‘‘(B)(i) will provide community service employment and other authorized activities for eligible individuals in the community in which such individuals reside, or in nearby communities; or ‘‘(ii) if such project is carried out by a tribal organization that receives a grant under this subsection or receives assistance from a State that receives a grant under this subsection, will provide community service employment and other authorized activities for such individuals, including those who are Indians residing on an Indian reservation, as defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501); ‘‘(C) will comply with an average participation cap for eligible individuals (in the aggregate) of— ‘‘(i) 27 months; or ‘‘(ii) pursuant to the request of a grantee, an extended period of participation established by the Secretary for a specific project area for such grantee, up to a period of not more than 36 months, if the Secretary determines that extenuating circumstances exist relating to the factors identified in section 513(a)(2)(D) that justify such an extended period for the program year involved; ‘‘(D) will employ eligible individuals in service related to publicly owned and operated facilities and projects, or projects sponsored by nonprofit organizations (excluding political parties exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986), but excluding projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; ‘‘(E) will contribute to the general welfare of the community, which may include support for children, youth, and families; ‘‘(F) will provide community service employment and other authorized activities for eligible individuals; ‘‘(G)(i) will not reduce the number of employment opportunities or vacancies that would otherwise be available to individuals not participating in the program; ‘‘(ii) will not displace currently employed workers (including partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits); ‘‘(iii) will not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed; and ‘‘(iv) will not employ or continue to employ any eligible individual to perform the same work or substantially the same work as that performed by any other individual who is on layoff; ‘‘(H) will coordinate activities with training and other services provided under title I of the Workforce Investment

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