29 U.S.C. § 3202 — Standards of conduct

Page 901 TITLE 29—LABOR § 3202 (b) Placement The Secretary shall arrange for assessment and counseling for enrollees prior to their sched- uled graduations to determine their capabilities and, based on their capabilities, shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this part. In ar- ranging for the placement of graduates in jobs, the Secretary shall utilize the one-stop delivery system to the maximum extent practicable. (c) Status and progress The Secretary shall determine the status and progress of enrollees scheduled for graduation and make every effort to assure that their needs for further activities described in this part are met. (d) Services to former enrollees The Secretary may provide such services as the Secretary determines to be appropriate under this part to former enrollees. (Pub. L. 113–128, title I, § 149, July 22, 2014, 128 Stat. 1548.) 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. § 3200. Support (a) Personal allowances The Secretary may provide enrollees assigned to Job Corps centers with such personal allow- ances as the Secretary may determine to be nec- essary or appropriate to meet the needs of the enrollees. (b) Transition allowances The Secretary shall arrange for a transition allowance to be paid to graduates. The transi- tion allowance shall be incentive-based to re- flect a graduate’s completion of academic, ca- reer and technical education or training, and at- tainment of recognized postsecondary creden- tials. (c) Transition support The Secretary may arrange for the provision of 3 months of employment services for former enrollees. (Pub. L. 113–128, title I, § 150, July 22, 2014, 128 Stat. 1549.) 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. § 3201. Operations (a) Operating plan The provisions of the contract between the Secretary and an entity selected to operate a Job Corps center shall, at a minimum, serve as an operating plan for the Job Corps center. (b) Additional information The Secretary may require the operator, in order to remain eligible to operate the Job Corps center, to submit such additional informa- tion as the Secretary may require, which shall be considered part of the operating plan. (c) Availability The Secretary shall make the operating plan described in subsections (a) and (b), excluding any proprietary information, available to the public. (Pub. L. 113–128, title I, § 151, July 22, 2014, 128 Stat. 1549.) 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. § 3202. Standards of conduct (a) Provision and enforcement The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A). (b) Disciplinary measures (1) In general To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall have the authority to take ap- propriate disciplinary measures against en- rollees if such a director determines that an enrollee has committed a violation of the standards of conduct. The director shall dis- miss the enrollee from the Job Corps if the di- rector determines that the retention of the en- rollee in the Job Corps will jeopardize the en- forcement of such standards, threaten the safety of staff, students, or the local commu- nity, or diminish the opportunities of other enrollees. (2) Zero tolerance policy and drug testing (A) Guidelines The Secretary shall adopt guidelines es- tablishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity. (B) Drug testing The Secretary shall require drug testing of all enrollees for controlled substances in ac- cordance with procedures prescribed by the Secretary under section 3195(a) of this title. (C) Definitions In this paragraph: (i) Controlled substance The term ‘‘controlled substance’’ has the meaning given the term in section 802 of title 21. Page 902 TITLE 29—LABOR § 3203 (ii) Zero tolerance policy The term ‘‘zero tolerance policy’’ means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the direc- tor that the enrollee has carried out an ac- tion described in subparagraph (A). (c) Appeal A disciplinary measure taken by a director under this section shall be subject to expedi- tious appeal in accordance with procedures es- tablished by the Secretary. (Pub. L. 113–128, title I, § 152, July 22, 2014, 128 Stat. 1549.) 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. § 3203. Community participation (a) Business and community participation The director of each Job Corps center shall en- sure the establishment and development of the mutually beneficial business and community re- lationships and networks described in sub- section (b), including the use of local boards, in order to enhance the effectiveness of such cen- ters. (b) Networks The activities carried out by each Job Corps center under this section shall include— (1) establishing and developing relationships and networks with— (A) local and distant employers, to the ex- tent practicable, in coordination with enti- ties carrying out other Federal and non-Fed- eral programs that conduct similar outreach to employers; (B) applicable one-stop centers and appli- cable local boards, for the purpose of pro- viding— (i) information to, and referral of, poten- tial enrollees; and (ii) job opportunities for Job Corps grad- uates; and (C)(i) entities carrying out relevant ap- prenticeship programs and youth programs; (ii) labor-management organizations and local labor organizations; (iii) employers and contractors that sup- port national training contractor programs; and (iv) community-based organizations, non- profit organizations, and intermediaries pro- viding workforce development-related serv- ices; and (2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing mem- bers of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center. (c) New centers The director of a Job Corps center that is not yet operating shall ensure the establishment and development of the relationships and net- works described in subsection (b) at least 3 months prior to the date on which the center ac- cepts the first enrollee at the center. (Pub. L. 113–128, title I, § 153, July 22, 2014, 128 Stat. 1550.) 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. § 3204. Workforce councils (a) In general Each Job Corps center shall have a workforce council, appointed by the director of the center, in accordance with procedures established by the Secretary. (b) Workforce council composition (1) In general A workforce council shall be comprised of— (A) a majority of members who shall be owners of business concerns, chief executives or chief operating officers of nongovern- mental employers, or other private sector employers, who— (i) have substantial management, hiring, or policy responsibility; and (ii) represent businesses with employ- ment opportunities that reflect the em- ployment opportunities of the applicable local areas in which enrollees will be seek- ing employment; (B) representatives of labor organizations (where present) and representatives of em- ployees; and (C) enrollees and graduates of the Job Corps. (2) Local board The workforce council may include members of the applicable local boards who meet the re- quirements described in paragraph (1). (3) Employers outside of local area The workforce council for a Job Corps center may include, or otherwise provide for con- sultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps cen- ter. (4) Special rule for single State local areas In the case of a single State local area des- ignated under section 3121(d) of this title, the workforce council shall include a representa- tive of the State Board. (c) Responsibilities The responsibilities of the workforce council shall be— (1) to work closely with all applicable local boards in order to determine, and recommend to the Secretary, appropriate career and tech- nical education and training for the center;