29 U.S.C. § 3196 — Enrollment

Page 896 TITLE 29—LABOR § 3196 1 So in original. Probably should be preceded by ‘‘the’’. (A) there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities, and is not likely to engage in behavior that would prevent other enrollees from receiving the benefit of the Job Corps program or be incompatible with the main- tenance of sound discipline and satisfactory relationships between the Job Corps center to which the individual might be assigned and communities surrounding the Job Corps center; (B) the individual manifests a basic under- standing of both the rules to which the indi- vidual will be subject and of the con- sequences of failure to observe the rules, and agrees to comply with such rules; and (C) the individual has passed a background check conducted in accordance with proce- dures established by the Secretary and with applicable State and local laws. (2) Individuals on probation, parole, or super- vised release An individual on probation, parole, or super- vised release may be selected as an enrollee only if release from the supervision of the pro- bation or parole official involved is satisfac- tory to the official and the Secretary and does not violate applicable laws (including regula- tions). No individual shall be denied a position in the Job Corps solely on the basis of indi- vidual contact with the criminal justice sys- tem except for a disqualifying conviction as specified in paragraph (3). (3) Individuals convicted of certain crimes An individual shall not be selected as an en- rollee if the individual has been convicted of a felony consisting of murder (as described in section 1111 of title 18), child abuse, or a crime involving rape or sexual assault. (c) Assignment plan (1) In general Every 2 years, the Secretary shall develop and implement a plan for assigning enrollees to Job Corps centers. In developing the plan, the Secretary shall, based on the analysis de- scribed in paragraph (2), establish targets, ap- plicable to each Job Corps center, for— (A) the maximum attainable percentage of enrollees at the Job Corps center that reside in the State in which the center is located; and (B) the maximum attainable percentage of enrollees at the Job Corps center that reside in the region in which the center is located, and in surrounding regions. (2) Analysis In order to develop the plan described in paragraph (1), every 2 years the Secretary, in consultation with operators of Job Corps cen- ters, shall analyze relevant factors relating to each Job Corps center, including— (A) the size of the population of individ- uals eligible to participate in Job 1 Corps in the State and region in which the Job Corps center is located, and in surrounding re- gions; (B) the relative demand for participation in the Job Corps in the State and region, and in surrounding regions; (C) the capacity and utilization of the Job Corps center, including the education, train- ing, and supportive services provided through the center; and (D) the performance of the Job Corps cen- ter relating to the expected levels of per- formance for the indicators described in sec- tion 3209(c)(1) of this title, and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 3209(f) of this title. (d) Assignment of individual enrollees (1) In general After an individual has been selected for the Job Corps in accordance with the standards and procedures of the Secretary under sub- section (a), the enrollee shall be assigned to the Job Corps center that offers the type of ca- reer and technical education and training se- lected by the individual and, among the cen- ters that offer such education and training, is closest to the home of the individual. The Sec- retary may waive this requirement if— (A) the enrollee would be unduly delayed in participating in the Job Corps program because the closest center is operating at full capacity; or (B) the parent or guardian of the enrollee requests assignment of the enrollee to an- other Job Corps center due to circumstances in the community of the enrollee that would impair prospects for successful participation in the Job Corps program. (2) Enrollees who are younger than 18 An enrollee who is younger than 18 shall not be assigned to a Job Corps center other than the center closest to the home that offers the career and technical education and training desired by the enrollee pursuant to paragraph (1) if the parent or guardian of the enrollee ob- jects to the assignment. (Pub. L. 113–128, title I, § 145, 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. § 3196. Enrollment (a) Relationship between enrollment and mili- tary obligations Enrollment in the Job Corps shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.]. (b) Period of enrollment No individual may be enrolled in the Job Corps for more than 2 years, except— (1) in a case in which completion of an ad- vanced career training program under section Page 897 TITLE 29—LABOR § 3197 3198(c) of this title would require an individual to participate in the Job Corps for not more than one additional year; (2) in the case of an individual with a dis- ability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 3192(5) of this title, if allowed to participate in the Job Corps for not more than 1 additional year; (3) in the case of an individual who partici- pates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or (4) as the Secretary may authorize in a spe- cial case. (Pub. L. 113–128, title I, § 146, July 22, 2014, 128 Stat. 1542.) Editorial Notes REFERENCES IN TEXT The Military Selective Service Act, referred to in subsec. (a), is act June 24, 1948, ch. 625, 62 Stat. 604, which was classified principally to section 451 et seq. of the former Appendix to Title 50, War and National De- fense, prior to editorial reclassification and renum- bering as chapter 49 (§ 3801 et seq.) of Title 50. For com- plete classification of this Act to the Code, see Tables. 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. § 3197. Job Corps centers (a) Operators and service providers (1) Eligible entities (A) Operators The Secretary shall enter into an agree- ment with a Federal, State, or local agency, an area career and technical education school, a residential career and technical education school, or a private organization, for the operation of each Job Corps center. (B) Providers The Secretary may enter into an agree- ment with a local entity, or other entity with the necessary capacity, to provide ac- tivities described in this part to a Job Corps center. (2) Selection process (A) Competitive basis Except as provided in subsections (a) and (b) of section 3304 of title 41, the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this part to the Job Corps center. In developing a solici- tation for an operator or service provider, the Secretary shall consult with the Gov- ernor of the State in which the center is lo- cated, the workforce council for the Job Corps center (if established), and the appli- cable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activi- ties carried out through the center with the objectives set forth in the State plan or in a local plan. (B) Recommendations and considerations (i) Operators In selecting an entity to operate a Job Corps center, the Secretary shall con- sider— (I) the ability of the entity to coordi- nate the activities carried out through the Job Corps center with activities car- ried out under the appropriate State plan and local plans; (II) the ability of the entity to offer ca- reer and technical education and train- ing that has been proposed by the work- force council under section 3204(c) of this title, and the degree to which such edu- cation and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment; (III) the degree to which the entity demonstrates relationships with the sur- rounding communities, employers, labor organizations, State boards, local boards, applicable one-stop centers, and the State and region in which the center is located; (IV) the performance of the entity, if any, relating to operating or providing activities described in this part to a Job Corps center, including information re- garding the entity in any reports devel- oped by the Office of Inspector General of the Department of Labor and the enti- ty’s demonstrated effectiveness in assist- ing individuals in achieving the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title; and (V) the ability of the entity to dem- onstrate a record of successfully assist- ing at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical education and training. (ii) Providers In selecting a service provider for a Job Corps center, the Secretary shall consider the factors described in clause (i). (3) Additional selection factors To be eligible to operate a Job Corps center, an entity shall submit to the Secretary, at such time and in such manner as the Sec- retary may require, information related to ad- ditional selection factors, which shall include the following: (A) A description of the program activities that will be offered at the center and how the academics and career and technical edu- cation and training reflect State and local employment opportunities, including oppor- tunities in in-demand industry sectors and occupations recommended by the workforce council under section 3204(c)(2)(A) of this title.