Sec. 347. Job Corps centers
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The Secretary shall enter into an agreement 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. The Secretary may enter into an agreement with a local entity, or other entity with the necessary capacity, to provide activities described in this chapter to a Job Corps center. Except as provided in subsections
(a)and
(b)of section 3304 of title 41, United States Code, the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this chapter to the Job Corps center. In developing a solicitation for an operator or service provider, the Secretary shall consult with the Governor of the State in which the center is located, the workforce council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the State plan or in a local plan. In selecting an entity to operate a Job Corps center, the Secretary shall consider— 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; the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section 354(c), 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; 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; the performance of the entity, if any, relating to operating or providing activities described in this chapter 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 performance indicators described in section 402(b)(2); and 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. In selecting a service provider for a Job Corps center, the Secretary shall consider the factors described in clause (i). 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 consist of the following: 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 354(c)(2)(A). 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. 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 chapter or subtitle C of title I of the Workforce Investment Act of 1998, as in effect on June 30, 2015, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving the performance indicators described in section 402(b)(2). 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 investment system. 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. 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 359(a). A description of the steps to be taken to control costs in accordance with section 359(a)(3). A detailed budget of the activities that will be supported using funds under this chapter and non-Federal resources. An assurance the entity is licensed to operate in the State in which the center is located. An assurance the entity will comply with basic health and safety codes, which shall include the disciplinary measures described in section 352(b). Any other information on additional selection factors that the Secretary may require. If an entity meets the requirements described in paragraph
(2)as applied to a particular Job Corps center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center. An entity shall be considered to be an operator of a high-performing center if the Job Corps center operated by the entity— is ranked among the top 20 percent of Job Corps centers for the most recent preceding program year; and meets the expected levels of performance established under section 359(c)(1) and, with respect to each of the performance indicators described in section 402(b)(2)— 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 359(c)(1) for the indicator; and 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. If any of the program years described in paragraph (2)(B) precedes the implementation of the establishment of expected levels of performance under section 359(c) and the application of the performance indicators described in section 402(b)(2), an entity shall be considered an operator of a high-performing center during that period if the Job Corps center operated by the entity— 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— the 6-month follow-up placement rate of graduates in employment, the military, education, or training; the 12-month follow-up placement rate of graduates in employment, the military, education, or training; the 6-month follow-up average weekly earnings of graduates; the rate of attainment of secondary school diplomas or their recognized equivalent; the rate of attainment of completion certificates for career and technical training; average literacy gains; and average numeracy gains; or is ranked among the top 5 percent of Job Corps centers for the most recent preceding program year. Job Corps centers may be residential or nonresidential 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 chapter. In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. Job Corps centers may include Civilian Conservation Centers, operated under an 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 workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ). The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture. The Secretary may enter into agreements with Indian tribes to operate Job Corps centers for Indians. The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years, consistent with the requirements of subsection (g). 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— has been ranked in the lowest 10 percent of Job Corps centers; and failed to achieve an average of 50 percent or higher of the expected level of performance under section 359(c)(1) with respect to each of the performance indicators described in section 402(b)(2). 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— significant improvements in program performance in carrying out a performance improvement plan under section 359(f)(2); that the performance is due to circumstances beyond the control of the entity, such as an emergency or disaster; 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 a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator. If the Secretary exercises an option under paragraph (2), the Secretary shall provide, to the Committee on Education and the Workforce 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. The Secretary shall only renew the agreement of an entity to operate a Job Corps center if the entity— has a satisfactory record of integrity and business ethics; has adequate financial resources to perform the agreement; has the necessary organization, experience, accounting and operational controls, and technical skills; and 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. For purposes of paragraph (2)(B), the term emergency or disaster means— an emergency or a major disaster, as defined in paragraphs
(1)and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122
(1)and (2)); or an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation.
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