29 USC 3197 - Job Corps centers

U.S Code last checked for updates: Nov 23, 2024

§ 3197.

Job Corps centers

(a)

Operators and service providers

(1)

Eligible entities

(A)

Operators

(B)

Providers

(2)

Selection process

(A)

Competitive basis

(B)

Recommendations and considerations

(i)

Operators

In selecting an entity to operate a Job Corps center, the Secretary shall consider—

(I)

the ability of the entity to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans;

(II)

the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section 3204(c) of this title, and the degree to which such education 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 surrounding 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 regarding the entity in any reports developed by the Office of Inspector General of the Department of Labor and the entity’s demonstrated effectiveness in assisting 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 demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical education and training.

(ii)

Providers

(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 Secretary may require, information related to additional 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 education and training reflect State and local employment opportunities, including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section 3204(c)(2)(A) of this title.

(B)

A description of the counseling, placement, and support activities that will be offered 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 recognized postsecondary credential upon completion 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 performance of operating a Job Corps center under this part or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness 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 surrounding communities in which the center is located, in an effort to promote a comprehensive 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 controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements 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 described in section 3202(b) of this title.

(K)

Any other information on additional selection factors that the Secretary may require.

(b)

High-performing centers

(1)

In general

(2)

High performance

An entity shall be considered to be an operator 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 preceding program year; and

(B)

meets the expected levels of performance established under section 3209(c)(1) of this title and, with respect to each of the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title—

(i)

for the period of the most recent preceding 3 program years for which information is available at the time the determination 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 program year for which information is available at the time the determination is made, achieved 100 percent, or higher, of the expected level of performance established 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 performance 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-performing 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 program 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 accountability 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 military, education, or training;

(iii)

the 6-month follow-up average weekly earnings of graduates;

(iv)

the rate of attainment of secondary school diplomas or their recognized equivalent;

(v)

the rate of attainment of completion certificates for career and technical training;

(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 preceding program year.

(c)

Character and activities

(d)

Civilian Conservation Centers

(1)

In general

(2)

Assistance during disasters

(3)

National liaison

(e)

Indian tribes

(1)

General authority

(2)

Definitions

(f)

Length of agreement

(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 subsection (f) for an entity to operate a particular Job Corps center if, for both of the 2 most recent preceding program years for which information is available at the time the determination is made, or if a second program year is not available, the preceding year for which information is available, such center—

(A)

has been ranked in the lowest 10 percent of Job Corps centers; and

(B)

failed to achieve an average of 50 percent or higher of the expected level of performance under section 3209(c)(1) of this title with respect to each of the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title.

(2)

Exception

Notwithstanding paragraph (1), the Secretary 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 including—

(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 circumstances 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 operations of the center, including in the ability to continue to provide services to students, or significant increase in the cost of such operations; or

(D)

a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator.

(3)

Detailed explanation

(4)

Additional considerations

The Secretary shall only renew the agreement of an entity to operate a Job Corps center 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, experience, accounting and operational controls, and technical skills; and

(D)

is otherwise qualified and eligible under applicable laws and regulations, including that the contractor is not under suspension or debarred from eligibility for Federal contracts.

(Pub. L. 113–128, title I, § 147, July 22, 2014, 128 Stat. 1542.)

cite as: 29 USC 3197

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