Sec. 166. Management information
1,667 words·~8 min read·
/bill/119/hr/8210/ih/section-166A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 levels of performance under subparagraph
(A)for a Job Corps campus, the Secretary may take into account factors including— 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 described in section 116(b)(2)(A)(ii) for the youth programs authorized under chapter 2 of subtitle B for the State in which the campus is located; 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; and any other considerations identified by the Secretary after reviewing the recommendations of the advisory group described in section 155(b). 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 shall adjust the applicable 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 adjustments described in clause (i), the Secretary shall submit to the Committee on Education and 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 adjustments. The Office of Inspector General of the Department of Labor shall, every 5 years, submit to the Committee on Education and 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 accordance with this Act; and such expected levels have led to continued improvement of the Job Corps program. ; in paragraph (2)(B), by striking (L), and
(M)and inserting (M), and
(N); in paragraph (3)(B), by striking (J), and
(K)and inserting (K), and
(L); by redesignating paragraph
(4)as paragraph (5); by inserting after paragraph
(3)the following: The Secretary shall establish campus and student safety standards. The Secretary shall provide technical assistance and develop a safety improvement plan for a Job Corps campus that fails to achieve such standards. In establishing the campus and student safety standards under subparagraph (A), the Secretary shall take into account— incidents related to safety that are reported to the Secretary; 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). ; 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) 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 ; in subparagraph (F), by striking regular secondary school diploma and inserting regular high school diploma ; in subparagraph (G), by striking regular secondary school diploma and inserting regular high school diploma ; 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; ; in subsection (e), by striking 116(i)(2) and inserting 116(j)(2) ; 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, for a program year, performs as described in clause
(ii)and is not already subject to a performance improvement plan under this paragraph for such program year or the succeeding program year, the Secretary shall develop and implement, for a comprehensive improvement period beginning with the succeeding program year, a performance improvement plan that meets the requirements of clause (iii). A Job Corps campus performs as described in this clause if, for a program year, such campus— 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); and is ranked among the lowest 20 percent of all Job Corps campuses. A performance improvement plan, with respect to a Job Corps campus, shall require the Secretary to take substantial action during a 3 consecutive program year period (in this paragraph, referred to as a comprehensive improvement period ) to improve the performance of such campus, which shall include— providing technical assistance to the campus; 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 a comprehensive improvement period and regardless of whether such campus is subject to a subsequent comprehensive improvement period, fails to meet an average of 85 percent on the expected levels of performance across all the primary indicators and is ranked among the lowest 15 percent of all 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 notifying the State in which the campus is located of such failure and, if such State submits a written plan to operate a residential campus in the current location, the Secretary— shall enter into a memorandum of understanding with the State for the purpose of so operating a residential campus and award funding directly to the State for such purpose; 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, program activities under section 148, counseling and job placement under section 149, standards of conduct under section 152, and performance reporting and accountability under this section; and if a State chooses to award funds received under this clause to an entity that is not a State agency or other State entity, require that such State develop award criteria that will give priority consideration for the primary contract or grant for operation of the campus to any applicant that is a non-profit organization with expertise in serving out-of-school youth and that otherwise meets such award criteria. In the case of a Job Corps campus described in clause
(i)that is located on an Indian reservation, subclause
(III)of such clause shall be applied by— by substituting Indian Tribe for State in each place it appears; and in item (cc), by substituting Tribal organization for State agency or other State entity . In this paragraph, the terms Indian Tribe and Tribal organization have the meanings given such terms in subsections
(e)and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 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) and is ranked among the lowest 15 percent of campuses, 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— in subsection (a)(3), by striking centers and inserting campuses ; in subsection (g)(1), in the heading, by striking and inserting Center ; and Campus in subsection (j), in the heading, by striking and inserting Center . Campus
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources