29 U.S.C. § 3195 — Recruitment, screening, selection, and as-

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— 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