29 U.S.C. § 3197 — Job Corps centers

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. Page 898 TITLE 29—LABOR § 3197 (B) A description of the counseling, place- ment, and support activities that will be of- fered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment or education leading to a recog- nized postsecondary credential upon comple- tion of the program. (C) A description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education, including past per- formance of operating a Job Corps center under this part or subtitle C of title I of the Workforce Investment Act of 1998, and as ap- propriate, the entity’s demonstrated effec- tiveness in assisting individuals in achieving the indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title. (D) A description of the relationships that the entity has developed with State boards, local boards, applicable one-stop centers, employers, labor organizations, State and local educational agencies, and the sur- rounding communities in which the center is located, in an effort to promote a com- prehensive statewide workforce development system. (E) A description of the entity’s ability to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans. (F) A description of the strong fiscal con- trols the entity has in place to ensure proper accounting of Federal funds, and a descrip- tion of how the entity will meet the require- ments of section 3209(a) of this title. (G) A description of the steps to be taken to control costs in accordance with section 3209(a)(3) of this title. (H) A detailed budget of the activities that will be supported using funds under this part and non-Federal resources. (I) An assurance the entity is licensed to operate in the State in which the center is located. (J) An assurance the entity will comply with basic health and safety codes, which shall include the disciplinary measures de- scribed in section 3202(b) of this title. (K) Any other information on additional selection factors that the Secretary may re- quire. (b) High-performing centers (1) In general If an entity meets the requirements de- scribed in paragraph (2) as applied to a par- ticular Job Corps center, such entity shall be allowed to compete in any competitive selec- tion process carried out for an award to oper- ate such center. (2) High performance An entity shall be considered to be an oper- ator of a high-performing center if the Job Corps center operated by the entity— (A) is ranked among the top 20 percent of Job Corps centers for the most recent pre- ceding program year; and (B) meets the expected levels of perform- ance established under section 3209(c)(1) of this title and, with respect to each of the primary indicators of performance for eligi- ble youth described in section 3141(b)(2)(A)(ii) of this title— (i) for the period of the most recent pre- ceding 3 program years for which informa- tion is available at the time the deter- mination is made, achieved an average of 100 percent, or higher, of the expected level of performance established under section 3209(c)(1) of this title for the indicator; and (ii) for the most recent preceding pro- gram year for which information is avail- able at the time the determination is made, achieved 100 percent, or higher, of the expected level of performance estab- lished under such section for the indicator. (3) Transition If any of the program years described in paragraph (2)(B) precedes the implementation of the establishment of expected levels of per- formance under section 3209(c) of this title and the application of the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title, an entity shall be considered an operator of a high-per- forming center during that period if the Job Corps center operated by the entity— (A) meets the requirements of paragraph (2)(B) with respect to such preceding pro- gram years using the performance of the Job Corps center regarding the national goals or targets established by the Office of the Job Corps under the previous performance ac- countability system for— (i) the 6-month follow-up placement rate of graduates in employment, the military, education, or training; (ii) the 12–month follow-up placement rate of graduates in employment, the mili- tary, education, or training; (iii) the 6-month follow-up average week- ly earnings of graduates; (iv) the rate of attainment of secondary school diplomas or their recognized equiv- alent; (v) the rate of attainment of completion certificates for career and technical train- ing; (vi) average literacy gains; and (vii) average numeracy gains; or (B) is ranked among the top 5 percent of Job Corps centers for the most recent pre- ceding program year. (c) Character and activities Job Corps centers may be residential or non- residential in character, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this part. In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (d) Civilian Conservation Centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an Page 899 TITLE 29—LABOR § 3197 agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and work- force preparation skills training, programs of work experience to conserve, develop, or man- age public natural resources or public rec- reational areas or to develop community projects in the public interest. (2) Assistance during disasters Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with cur- rent child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such assist- ance the enrollees are properly trained, equipped, supervised, and dispatched con- sistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (3) National liaison The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the De- partments of Labor and Agriculture. (e) Indian tribes (1) General authority The Secretary may enter into agreements with Indian tribes to operate Job Corps cen- ters for Indians. (2) Definitions In this subsection, the terms ‘‘Indian’’ and ‘‘Indian tribe’’ have the meanings given such terms in subsections (d) and (e), respectively, of section 5304 of title 25. (f) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year pe- riod. The Secretary may exercise any contrac- tual option to renew the agreement in 1-year in- crements for not more than 3 additional years, consistent with the requirements of subsection (g). (g) Renewal conditions (1) In general Subject to paragraph (2), the Secretary shall not renew the terms of an agreement for any 1-year additional period described in sub- section (f) for an entity to operate a particular Job Corps center if, for both of the 2 most re- cent preceding program years for which infor- mation is available at the time the determina- tion is made, or if a second program year is not available, the preceding year for which in- formation is available, such center— (A) has been ranked in the lowest 10 per- cent of Job Corps centers; and (B) failed to achieve an average of 50 per- cent or higher of the expected level of per- formance under section 3209(c)(1) of this title with respect to each of the primary indica- tors of performance for eligible youth de- scribed in section 3141(b)(2)(A)(ii) of this title. (2) Exception Notwithstanding paragraph (1), the Sec- retary may exercise an option to renew the agreement for no more than 2 additional years if the Secretary determines such renewal would be in the best interest of the Job Corps program, taking into account factors includ- ing— (A) significant improvements in program performance in carrying out a performance improvement plan under section 3209(f)(2) of this title; (B) that the performance is due to cir- cumstances beyond the control of the entity, such as an emergency or disaster, as defined in section 3225(a)(1) of this title; (C) a significant disruption in the oper- ations of the center, including in the ability to continue to provide services to students, or significant increase in the cost of such op- erations; or (D) a significant disruption in the procure- ment process with respect to carrying out a competition for the selection of a center op- erator. (3) Detailed explanation If the Secretary exercises an option under paragraph (2), the Secretary shall provide, to the Committee on Education and the Work- force of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a detailed explanation of the rationale for exercising such option. (4) Additional considerations The Secretary shall only renew the agree- ment of an entity to operate a Job Corps cen- ter if the entity— (A) has a satisfactory record of integrity and business ethics; (B) has adequate financial resources to perform the agreement; (C) has the necessary organization, experi- ence, accounting and operational controls, and technical skills; and (D) is otherwise qualified and eligible under applicable laws and regulations, in- cluding that the contractor is not under sus- pension or debarred from eligibility for Fed- eral contracts. (Pub. L. 113–128, title I, § 147, July 22, 2014, 128 Stat. 1542.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(3)(C), 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. Subtitle C of title I of the Act was classi- fied generally to subchapter III (§ 2881 et seq.) of chap- ter 30 of this title. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Invest- ment Act of 1998 are deemed to refer to the cor- responding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce In- vestment Act of 1998 to the Code, see Tables. For com- plete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Page 900 TITLE 29—LABOR § 3198 The Fish and Wildlife Coordination Act, referred to in subsec. (d)(2), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and 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. § 3198. Program activities (a) Activities provided by Job Corps centers (1) In general Each Job Corps center shall provide enroll- ees with an intensive, well organized, and fully supervised program of education, including English language acquisition programs, career and technical education and training, work ex- perience, work-based learning, recreational activities, physical rehabilitation and develop- ment, driver’s education, and counseling, which may include information about finan- cial literacy. Each Job Corps center shall pro- vide enrollees assigned to the center with ac- cess to career services described in clauses (i) through (xi) of section 3174(c)(2)(A) of this title. (2) Relationship to opportunities The activities provided under this sub- section shall be targeted to helping enrollees, on completion of their enrollment— (A) secure and maintain meaningful un- subsidized employment; (B) enroll in and complete secondary edu- cation or postsecondary education or train- ing programs, including other suitable ca- reer and technical education and training, and apprenticeship programs; or (C) satisfy Armed Forces requirements. (3) Link to employment opportunities The career and technical education and training provided shall be linked to employ- ment opportunities in in-demand industry sec- tors and occupations in the State or local area in which the Job Corps center is located and, to the extent practicable, in the State or local area in which the enrollee intends to seek em- ployment after graduation. (b) Academic and career and technical education and training The Secretary may arrange for career and technical education and training of enrollees through local public or private educational agencies, career and technical educational insti- tutions, technical institutes, or national service providers, whenever such entities provide edu- cation and training substantially equivalent in cost and quality to that which the Secretary could provide through other means. (c) Advanced career training programs (1) In general The Secretary may arrange for programs of advanced career training for selected enrollees in which the enrollees may continue to par- ticipate for a period of not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be lim- ited. The advanced career training may be pro- vided through the eligible providers of train- ing services identified under section 3152 of this title. (2) Benefits During the period of participation in an ad- vanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees as- signed to residential Job Corps centers. (3) Demonstration The Secretary shall develop standards by which any operator seeking to enroll addi- tional enrollees in an advanced career training program shall demonstrate, before the oper- ator may carry out such additional enroll- ment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) for the most recently preceding 2 pro- gram years, such operator has, on average, met or exceeded the expected levels of per- formance under section 3209(c)(1) of this title for each of the primary indicators of per- formance for eligible youth described in sec- tion 3141(b)(2)(A)(ii) of this title. (d) Graduate services In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support the provision of these services, in- cluding services from the State vocational reha- bilitation agency, to supplement job placement and job development efforts for Job Corps grad- uates who are individuals with disabilities. (e) Child care The Secretary shall, to the extent practicable, provide child care at or near Job Corps centers, for individuals who require child care for their children in order to participate in the Job Corps. (Pub. L. 113–128, title I, § 148, July 22, 2014, 128 Stat. 1547.) 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. § 3199. Counseling and job placement (a) Assessment and counseling The Secretary shall arrange for assessment and counseling for each enrollee at regular in- tervals to measure progress in the academic and career and technical education and training pro- grams carried out through the Job Corps.