29 U.S.C. § 3194 — Individuals eligible for the Job Corps

Page 894 TITLE 29—LABOR § 3193 1 See References in Text note below. (7) Job Corps center The term ‘‘Job Corps center’’ means a center described in section 3197 of this title. (8) Operator The term ‘‘operator’’ means an entity se- lected under this part to operate a Job Corps center. (9) Region The term ‘‘region’’ means an area defined by the Secretary. (10) Service provider The term ‘‘service provider’’ means an enti- ty selected under this part to provide services described in this part to a Job Corps center. (Pub. L. 113–128, title I, § 142, July 22, 2014, 128 Stat. 1538.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3193. Establishment There shall be within the Department of Labor a ‘‘Job Corps’’. (Pub. L. 113–128, title I, § 143, July 22, 2014, 128 Stat. 1539.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3193a. Transfer of administration of Job Corps program to Employment and Training Ad- ministration The Secretary of Labor shall submit to the Committees on Appropriations of the House of Representatives and the Senate a plan for the transfer of the administration of the Job Corps program authorized under title I–C of the Work- force Investment Act of 1998 1 from the Office of the Secretary to the Employment and Training Administration. As of the date that is 30 days after the date of submission of such plan, the Secretary may transfer the administration and appropriated funds of the program from the Of- fice of the Secretary and the provisions of sec- tion 2883a of this title shall no longer be applica- ble. (Pub. L. 111–117, div. D, title I, § 108, Dec. 16, 2009, 123 Stat. 3238.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in text, is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I–C of the Act probably means subtitle C of title I of Pub. L. 105–220, which was classified generally to subchapter III (former § 2881 et seq.) of former chapter 30 of this title. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, effec- tive July 1, 2015. For complete classification of the Workforce Investment Act of 1998 to the Code, see Ta- bles. For complete classification of the Workforce Inno- vation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Section 2883a of this title, referred to in text, was omitted from the Code pursuant to this section. CODIFICATION Section was enacted as part of the Department of Labor Appropriations Act, 2010, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010, and the Consolidated Appropriations Act, 2010, and not as part of title I of the Workforce Innovation and Opportunity Act which comprises this subchapter. Section was formerly classified to section 2883b of this title. § 3194. Individuals eligible for the Job Corps (a) In general To be eligible to become an enrollee, an indi- vidual shall be— (1) not less than age 16 and not more than age 21 on the date of enrollment, except that— (A) not more than 20 percent of the indi- viduals enrolled in the Job Corps may be not less than age 22 and not more than age 24 on the date of enrollment; and (B) either such maximum age limitation may be waived by the Secretary, in accord- ance with regulations of the Secretary, in the case of an individual with a disability; (2) a low-income individual; and (3) an individual who is one or more of the following: (A) Basic skills deficient. (B) A school dropout. (C) A homeless individual (as defined in section 12473(6) of title 34), a homeless child or youth (as defined in section 11434a(2) of title 42), a runaway, an individual in foster care, or an individual who was in foster care and has aged out of the foster care system. (D) A parent. (E) An individual who requires additional education, career and technical education or training, or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency. (F) A victim of a severe form of trafficking in persons (as defined in section 7102 of title 22). Notwithstanding paragraph (2), an indi- vidual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph. (b) Special rule for veterans Notwithstanding the requirement of sub- section (a)(2), a veteran shall be eligible to be- come an enrollee under subsection (a) if the in- dividual— (1) meets the requirements of paragraphs (1) and (3) of such subsection; and Page 895 TITLE 29—LABOR § 3195 1 So in original. Probably should be preceded by ‘‘the’’. (2) does not meet the requirement of sub- section (a)(2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job 1 Corps prevents the individual from meet- ing such requirement. (Pub. L. 113–128, title I, § 144, July 22, 2014, 128 Stat. 1539; Pub. L. 114–22, title VI, § 604, May 29, 2015, 129 Stat. 260.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(3)(F). Pub. L. 114–22 added subpar. (F). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. JOB CORPS FLEXIBILITIES DURING QUALIFYING EMERGENCY Pub. L. 116–260, div. N, title VI, § 601, Dec. 27, 2020, 134 Stat. 2091, provided that: ‘‘(a) ENROLLMENT.—During the period beginning on the date of enactment of this Act [Dec. 27, 2020] and ending when all qualifying emergencies have expired, notwithstanding any other provision of law, the re- quirements described in sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce Innovation and Oppor- tunity Act (29 U.S.C. 3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees in the Job Corps— ‘‘(1) participating on-site at a Job Corps center; or ‘‘(2) returning to on-site participation at a Job Corps center after participating in distance learning. ‘‘(b) ELIGIBILITY.—During a qualifying emergency or the 1-year period immediately following the expiration of the qualifying emergency, an individual who would be older than the age of 24 on the date the individual enrolls in the Job Corps is eligible to enroll in the Job Corps, notwithstanding section 144(a)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as— ‘‘(1) the individual applies for enrollment by the date that is 6 months after the date of enactment of this Act, and is not older than age 24 on the date of application; and ‘‘(2) the individual attains the age of 25 during the qualifying emergency or the 1-year period imme- diately following the expiration of the qualifying emergency. ‘‘(c) QUALIFYING EMERGENCY DEFINED.—In this sec- tion, the term ‘qualifying emergency’ has the meaning given the term in section 3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136 [20 U.S.C. 1001 note]).’’ § 3195. Recruitment, screening, selection, and as- signment of enrollees (a) Standards and procedures (1) In general The Secretary shall prescribe specific stand- ards and procedures for the recruitment, screening, and selection of eligible applicants for the Job Corps, after considering rec- ommendations from Governors of States, local boards, and other interested parties. (2) Methods In prescribing standards and procedures under paragraph (1), the Secretary, at a min- imum, shall— (A) prescribe procedures for informing en- rollees that drug tests will be administered to the enrollees and the results received within 45 days after the enrollees enroll in the Job Corps; (B) establish standards for recruitment of Job Corps applicants; (C) establish standards and procedures for— (i) determining, for each applicant, whether the educational and career and technical education and training needs of the applicant can best be met through the Job Corps program or an alternative pro- gram in the community in which the ap- plicant resides; and (ii) obtaining from each applicant perti- nent data relating to background, needs, and interests for determining eligibility and potential assignment; (D) where appropriate, take measures to improve the professional capability of the individuals conducting screening of the ap- plicants; and (E) assure appropriate representation of enrollees from urban areas and from rural areas. (3) Implementation The standards and procedures shall be imple- mented through arrangements with— (A) applicable one-stop centers; (B) organizations that have a dem- onstrated record of effectiveness in serving at-risk youth and placing such youth into employment, including community action agencies, business organizations, or labor or- ganizations; and (C) child welfare agencies that are respon- sible for children and youth eligible for ben- efits and services under section 677 of title 42. (4) Consultation The standards and procedures shall provide for necessary consultation with individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. (5) Reimbursement The Secretary is authorized to enter into contracts with and make payments to individ- uals and organizations for the cost of con- ducting recruitment, screening, and selection of eligible applicants for the Job Corps, as pro- vided for in this section. The Secretary shall make no payment to any individual or organi- zation solely as compensation for referring the names of applicants for the Job Corps. (b) Special limitations on selection (1) In general No individual shall be selected as an enrollee unless the individual or organization imple- menting the standards and procedures de- scribed in subsection (a) determines that—