Sec. 165. Management information
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Section 159 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3209 ) is amended— by striking center each place it appears and inserting campus ; in subsection (c)— in paragraph (1)— by striking The Secretary and inserting the following: The Secretary . by inserting that are ambitious yet achievable and after program ; and by adding at the end the following new subparagraphs: In establishing the expected performance levels under subparagraph
(A)for a Job Corps campus, the Secretary shall take into account— how the levels involved compare with the recent performance of such campus and the performance of other campuses within the same State or geographic region; the levels of performance set for the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii) for the State in which the campus is located; the differences in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries) between the local area of such campus and other local areas with a campus; and the extent to which the levels involved promote continuous improvement in performance on the primary indicators of performance by such campus and ensure optimal return on the use of Federal funds. The Secretary shall ensure the expected levels of performance are established in the relevant contract or agreement. In the event of a significant economic downturn, the Secretary may revise the applicable adjusted levels of performance for each of the campuses for a program year to reflect the actual economic conditions during such program year. Prior to implementing the revisions described in clause (i), the Secretary shall submit 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 report explaining the reason for such revisions. The Office of Inspector General of the Department of Labor shall, every 5 years, submit 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, and publish in the Federal Register and on a publicly available website of the Department, a report containing— a quadrennial review of the expected levels of performance; and an evaluation of whether— the Secretary is establishing such expected levels of performance in good faith; and such expected levels have led to continued improvement of the Job Corps program. ; by redesignating paragraph
(4)as paragraph (5); by inserting after paragraph
(3)the following: The Secretary shall establish campus and student safety standards. A Job Corps campus failing to achieve such standards shall be required to take the performance improvement actions described in subsection (f). In establishing the campus and student safety standards under subparagraph (A), the Secretary shall take into account— incidents reported under section 152(d); survey data from enrollees, faculty, staff, and community members; and any other considerations identified by the Secretary after reviewing the recommendations of the advisory group described in section 155(b). ; in paragraph (5), as so redesignated— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the number of contracts that were awarded a renewal compared to those eligible for a renewal; the number of campuses where the contract was awarded to a new operator; and the number of campuses that were required to receive performance improvement, as described under subsection (f)(2), including whether any actions were taken as described in subparagraphs
(B)and
(C)of such subsection. ; and by adding at the end the following: The Secretary shall make arrangements with a State or other appropriate entity to facilitate the use of State wage records to evaluate the performance of Job Corps campuses on the employment and earnings indicators described in clause (i)(III) of subparagraph
(A)of section 116(b)(2)(A) and subclauses
(I)and
(II)of clause
(ii)of such subparagraph for the purposes of the report required under paragraph (5). ; in subsection (d)(1)— by inserting and make available on the website of the Department pertaining to the Job Corps program in a manner that is consumer-tested to ensure it is easily understood, searchable, and navigable, after subsection (c)(4), ; in subparagraph (B), by striking gender and inserting sex ; by redesignating subparagraphs
(J)through
(O)as subparagraphs
(K)through (P), respectively; and by inserting the following after subparagraph (I): the number of appeals under section 152(c) and a description of each appeal that was approved; ; and in subsection (g)(2), by striking comply and inserting attest to compliance . Section 159(f) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3209 ) is amended to read as follows: The Secretary shall conduct an annual assessment of the performance of each Job Corps campus on the primary indicators of performance described in section 116(b)(2)(A)(ii), where each indicator shall be given equal weight in determining the overall performance of the campus. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program. With respect to a Job Corps campus that fails to meet an average of 90 percent on the expected levels of performance across all the primary indicators of performance specified in subsection (c)(1) or is ranked among the lowest 10 percent of Job Corps campuses, the Secretary shall, after each program year of such performance failure, develop and implement a performance improvement plan for such campus. Such a plan shall require action to be taken during a 1-year program year period, which shall include providing technical assistance to the campus. With respect to a Job Corps campus that, for two consecutive program years, fails to meet an average of 85 percent on the expected levels of performance across all the primary indicators of performance or is ranked among the lowest 10 percent of Job Corps campuses, the Secretary shall take substantial action to improve the performance of such campus, which shall include— changing the management staff of the campus; changing the career and technical education and training offered at the campus; replacing the operator of the campus; or reducing the capacity of the campus. With respect to a Job Corps campus that, for the two consecutive program years immediately following the Secretary taking substantial performance action under subparagraph (B), fails to meet an average of 85 percent on the expected levels of performance across all the primary indicators or is ranked among the lowest 10 percent of Job Corps campuses, the Secretary shall take further substantial action to improve the performance of such campus, which shall include— relocating the campus; closing the campus; or awarding funding directly to the State in which the campus is located for operation of the campus, and for which the Secretary shall enter into a memorandum of understanding with such State for purposes of operating the campus in its current location and may encourage innovation in such memorandum of understanding by waiving any statutory or regulatory requirement of this subtitle except for those related to participant eligibility under section 144, standards of conduct under section 152, and performance reporting and accountability under this section. In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans for a Job Corps campus that fails to meet criteria established by the Secretary other than the expected levels of performance described in subsection (c)(1). With respect to a Civilian Conservation Center that, for 3 consecutive program years, fails to meet an average of 90 percent of the expected levels of performance across all the primary indicators of performance specified in subsection (c)(1), the Secretary of Labor or, if appropriate, the Secretary of Agriculture shall select, on a competitive basis, an entity to operate part or all of the Civilian Conservation Center in accordance with the requirements of section 147. . Section 159 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3209 ) is further amended— by striking centers each place it appears and inserting campuses ; and in subsection (g)(1), in the header, by striking and inserting Center . Campus
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