Section 1 Short title
This Act may be cited as the “Strengthening Job Corps Act of 2022”.
Strengthening Job Corps Act of 2022
A BILL
To reauthorize the Job Corps program, and for other purposes.
Sec. 2 Amendments relating to Job Corps
Definitions—
by amending paragraph (7) to read as follows:
“(7) Job Corps campus—The term “Job Corps campus” means a campus run by an operator selected by the Secretary pursuant to section 147, carrying out Job Corps activities.”
by adding at the end the following:
“(11) State—The term “State” has the meaning given the term in section 3, except that such term also includes outlying areas (as defined in section 3).”
by striking “Job Corps center” each place such term appears and inserting “Job Corps campus”; and
by striking “Job Corps centers” each place such term appears and inserting “Job Corps campuses”.
in subsection (a)—
by amending paragraph (1) to read as follows:
“(1) not less than age 16 and not more than age 24 on the date of enrollment, except that such maximum age limitation may be waived by the Secretary, in accordance with regulations of the Secretary, up to age 28 in the case of an individual with a disability or a justice-involved individual; and”
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2) and by amending such paragraph—
in subparagraph (A), by striking “Basic skills deficient” and inserting “An individual with foundational skill needs”;
in subparagraph (B), by striking “A school dropout” and inserting “An opportunity youth”;
in subparagraph (D), by inserting “or an individual who is pregnant” before the period;
by adding at the end the following:
“(G)
“(i) A low-income individual as defined in subsection (h)(4) of section 402A of the Higher Education Amendments of 1992 (20 U.S.C. 1070a–11) as determined using procedures similar to those in subsection 402a(e) of such section; or
“(ii) a resident of a qualified opportunity zone as defined in section 1400Z–1(a) of the Internal Revenue Code of 1986.”
by amending subsection (b) to read as follows:
“(b) Special rule for veterans—A veteran shall be eligible to become an enrollee if the veteran meets the requirements of subsection (a)(1).”
Recruitment, screening, selection, and assignment of enrollees— Section 145(a) (29 U.S.C. 3195(a)) is amended—
in paragraph (2)—
in subparagraph (D), by striking “and” at the end;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) assist one-stop centers and other entities identified in paragraph (3) in developing joint applications for Job Corps, YouthBuild, and youth workforce investment activities under which an applicant may submit a single application for all such programs.”
in paragraph (5), by striking the last sentence.
in subsection (a)—
in paragraph (2)—
in subparagraph (A), by inserting at the end the following: “Such award shall be based upon best value and fair and reasonable pricing.”; and
by amending subparagraph (B) to read as follows:
“(B) Considerations
“(i) Student outcomes—In selecting an entity to operate a Job Corps campus, the Secretary shall consider a numeric metric of recent past effectiveness of the entity in assisting opportunity youth to connect to the workforce, to be calculated based on data regarding—
“(I) the percentage of students served by the entity who were in education or training activities, or in unsubsidized employment, during the second quarter after exit from the relevant program;
“(II) the percentage of students served by the entity who were in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the relevant program;
“(III) the median earnings of students served by the entity who were in unsubsidized employment during the second quarter after exit from the relevant program;
“(IV) the percentage of students served by the entity who obtained a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from the relevant program;
“(V) expected levels of performance established under section 159(c)(2) or similar metrics for recruitment of eligible youth for relevant contracts or grants.
“(ii) Market development
“(I) Mentor-protégé program—The Secretary shall carry out a mentor-protégé program in accordance with section 45 of the Small Business Act (15 U.S.C. 657r) with respect to Job Corps campus operations.
“(II) Past-performance—The Secretary shall publish comparable alternative metrics for entities without previous experience in Job Corps campus operations to demonstrate their past effectiveness in accordance with the requirements of clause (i).”
in paragraph (3)—
in subparagraph (A), by inserting “high-skill, high-wage, or” before “in-demand”;
in subparagraph (C), by striking “Workforce Investment Act of 1998” and inserting “Workforce Innovation and Opportunity Act”;
by redesignating subparagraph (K) as subparagraph (L); and
by inserting after subparagraph (J) the following:
“(K) A description of the entity’s ability to demonstrate a record of successfully operating a safe learning and residential environment for opportunity youth.”
in subsection (b), by striking paragraphs (2) and (3) and inserting the following:
“(2) High performance—An entity shall be considered to be an operator of a high-performing campus if the Job Corps campus operated by the entity was ranked among the top 25 percent of Job Corps campuses, excluding Civilian Conservation Centers described in subsection (d), for the two most recent preceding program years.”
in subsection (d), by adding at the end the following:
“(4) Direct hire authority—The Secretary of Agriculture may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), a graduate of a Civilian Conservation Center who successfully completed a training program focused on forestry, wildland firefighting, or another topic relating to the mission of the Forest Service directly to a position with the Department of Agriculture, Forest Service, for which the candidate meets Office of Personnel Management qualification standards.”
in subsection (f), by striking “2-year” and inserting “4-year”; and
in subsection (g)(1), by striking “the preceding year for which information is available” and all that follows through the end and inserting “the preceding year for which information is available, such campus has been ranked in the lowest 10 percent of Job Corps campuses.”.
Program activities— Section 148(a) (29 U.S.C. 3198(a)) is amended, in the subsection heading, by inserting “Academic” before “Activities”.
in subsection (c), by striking “3 months” and inserting “12 months”; and
by adding at the end the following:
“(d) Period of transition—Notwithstanding the requirements of section 146(b), Job Corps graduates may remain enrolled and a resident of a Job Corps campus for not more than 1 month after graduation, subject to approval by the director of the Job Corps Campus, in order to facilitate their transition into independent living and employment.”
Operations— Section 151 (29 U.S.C. 3201) is amended to read as follows:
“151. Operations
“(a) Operating plan
“(1) In general—The provisions of the contract between the Secretary and an entity selected to operate a Job Corps campus shall, including any subsequent modifications to such contract, serve as an operating plan for the Job Corps campus.
“(2) Federal changes to operating plan—The Secretary may require the operator to submit additional information, as the Secretary deems necessary for compliance with any relevant regulations, which shall be considered part of the operating plan.
“(3) Availability—The Secretary shall make the operating plan described in paragraphs (1) and (2), excluding any proprietary information, available on a publicly accessible website.
“(b) Local authorities—Subject to the limitations of their approved budgets, the operators of Job Corps campuses shall have the authority, without prior approval from the Secretary, to—
“(1) hire staff and invest in staff professional development;
“(2) enter into agreements with local partners, such as secondary and postsecondary schools or employers; and
“(3) engage with and educate stakeholders about Job Corps operations and activities.”
in subsection (a), by striking the second sentence;
by amending subsection (b) to read as follows:
“(b) Behavioral management plan
“(1) In general—As part of the operating plan defined in section 151(a), the director of each Job Corps campus shall develop and implement a behavioral management plan, subject to the approval of the Secretary. Such plan shall include student standards of conduct, positive behavioral interventions and supports, and multi-tier systems of supports.
“(2) Disciplinary measures and drug testing
“(A) Disciplinary measures—To promote the proper behavioral standards in the Job Corps, the director of each Job Corps campus shall, consistent with the applicable behavioral management plan described in paragraph (1), have the authority to take appropriate disciplinary measures against enrollees if such director determines that an enrollee has committed a violation of the standards of conduct. The director shall adopt a policy of dismissing enrollees for an act of violence that seriously endangers the safety of students, staff, or the local community, and for illegal activity on the campus.
“(B) Definitions—In this paragraph:
“(i) Controlled substance—The term “controlled substance” has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
“(ii) Zero tolerance policy—The term “zero tolerance policy” means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an act of violence that seriously endangers the safety of students, staff, or the local community or engaged in an illegal activity on the campus.
“(3) Advisory group—The Secretary shall periodically convene an advisory group of Job Corps operators and service providers and subject matter experts to review the reporting data collected under paragraph (5) and provide recommendations for Job Corps behavioral management plans based on evidence-based research regarding effective and equitable behavioral policies.
“(4) Law enforcement agreements—The directors of each Job Corps campus shall enter into an agreement with the relevant local law enforcement agency of jurisdiction regarding the procedures for reporting and investigating potentially illegal activity on Job Corps campuses.
“(5) Incident reporting—The Secretary shall establish procedures for—
“(A) reporting significant health incidents, including substance abuse, self-harm, and accidents resulting in bodily harm; and
“(B) reporting significant behavioral incidents, defined as acts of violence or illegal activity.
“(6) Accountability—The Secretary shall establish standards under which a Job Corps campus shall be required to take performance improvement actions described in section 159(f), based on an evaluation of such Job Corps campus, which shall take into account reporting data collected under paragraph (5) and recommendations of the advisory group pursuant to paragraph (3).”
Experimental projects and technical assistance— Section 156(a) (29 U.S.C. 3206(a)) is amended to read as follows:
“(a) Projects—The Secretary may carry out experimental, research, or demonstration projects relating to evidence-based strategies for improving the operations of a Job Corps campus that was ranked among the bottom 10 percent of Job Corps campuses. The Secretary may waive any provisions of this subtitle that the Secretary finds would prevent the Secretary from carrying out the projects (other than sections 145, 147, and 159(c)) provided that—
“(1) the project will not result in a reduction in the number of students served; and
“(2) if the Secretary informs the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, in writing, not less than 90 days in advance of issuing such waiver.”
Application of provisions of Federal law—
In general— Section 157 (29 U.S.C. 3207) is amended by adding at the end the following:
“(d) Service Contract Act
“(1) In general—Operators and service providers, including subcontractors thereto, are subject to and shall be required to abide by chapter 67 of title 41, United States Code (commonly known as the “McNamara-O'Hara Service Contract Act of 1965”).
“(2) Academic and career technical instructional employees—Notwithstanding section 6701(3)(C) of such chapter, an academic or career technical instructional employee at a Job Corps campus shall be considered a “service employee” for purposes of applying such chapter under paragraph (1).
“(3) Rule of construction—To the extent compensation levels being paid or scheduled to be paid by an employer are, in the aggregate, greater than those determined by the Secretary of Labor to be required under this subsection, or as set forth in a collective bargaining agreement, nothing herein shall be construed to require a reduction of such compensation.”
Effective date—
Agreements in effect on date of enactment— Not later than 60 days after the date of enactment of this Act, the Secretary shall, subject to appropriations, modify all agreements with operators and service providers in effect as of such date of enactment to include the requirements imposed by the amendment made by paragraph (1).
Pending solicitations— Upon the date of enactment of this Act, the Secretary shall include the requirements imposed by the amendment made by paragraph (1) in any pending solicitation for an operator or service provider.
Staffing—
In general— To ensure compliance with chapter 67 of title 41, United States Code (commonly known as the ‘McNamara-O'Hara Service Contract Act of 1965’), as such chapter is applied by section 157(d) of the Workforce Innovation and Opportunity Act, the staffing plan and the associated budget of an entity proposing to be an operator or service provider for a Job Corps campus shall incorporate hourly wages (or salaries as appropriate) and fringe benefit costs for occupational classifications at least equal to the wage determination determined by the Secretary of Labor for the locality of the Job Corps campus. In preparing such wage determination, the Secretary shall compare the specific job classifications at the Job Corps campus with those occupations most closely correlated with those employed by public education providers in the locality with the goal of ensuring equivalency to the maximum extent feasible.
Adjustments permitted— The Secretary may further adjust compensation levels in a contract with an operator or service provider to ensure sufficient availability and retention of qualified personnel in the locality.
Annual updates— The Secretary shall update hourly wages (or salaries as appropriate) and fringe benefit levels for such occupations covered in this paragraph on an annual basis.
by striking “Secretary” and inserting “directors of Job Corps campuses”;
by striking “the Job Corps or individual” and inserting “such”; and
by adding at the end the following: “Any real property acquired shall be directly transferred to the Secretary in accordance with chapter 5 of title 40 and on a nonreimbursable basis.”
in subsection (a), by adding at the end the following:
“(4) Annual reconciliation—Prior to the expiration of any appropriated Job Corps operations funds for any fiscal year, any anticipated unobligated funds may, subject to appropriations, be obligated to projects identified under subsection (h)(1).”
in subsection (c)—
by amending paragraph (1) to read as follows:
“(1) Levels of performance and indicators
“(A) In general—At the start of each contract period, and at least every two program years in the case of Civilian Conservation Centers, the Secretary shall establish expected levels of performance for each Job Corps campus relating to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii) using the model described in subparagraph (B).
“(B) Performance model—At least every four years and no more than every two years, the Secretary shall develop a model for establishing the expected levels of performance for each Job Corps campus, in accordance with the following:
“(i) Equity—The model shall account for significant correlations between various factors and student outcomes, including:
“(I) Student demographics, including age, gender, race, ethnicity, documented disabilities, and education level on entry.
“(II) Employment conditions in students’ home communities.
“(ii) Development—The model shall be developed by subject matter experts in the fields of Job Corps operations, program evaluation, statistical analysis, and related fields using available Job Corps data as well as regional economic data.
“(iii) Transparency—The performance model and the past effectiveness metric identified in section 147(a)(2)(B)(i), including the procedures outlined in section 147(a)(2)(B)(iv), shall be published for comment in the Federal Register.”
in paragraph (2)—
in subparagraph (A), by striking “and” at the end; and
by striking subparagraph (B) and inserting the following:
“(B) the number of enrollees recruited that meet the requirements of section 144(a); and
“(C) the measurement described in subparagraph (K) of subsection (d)(1).”
in paragraph (4)—
in subparagraph (A), by striking “and” at the end;
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) information on the performance of the Job Corps selection process in section 147(a)(2) with respect to increasing performance as measured pursuant to subparagraph (A), specifically including information on the performance of each Job Corps campus as compared to its annual performance immediately prior to its current operating agreement.”
in subsection (d)(1)—
by striking subparagraph (I); and
by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively;
in subsection (f)—
in paragraph (2)—
in subparagraph (E), by adding “or” at the end;
in subparagraph (F), by striking “; or” and inserting a period; and
by striking subparagraph (G); and
by amending paragraph (4) to read as follows:
“(4) Civilian Conservation Centers—In addition to the primary indicators of performance specified in subsection (c)(1), Civilian Conservation Centers shall be evaluated on their contribution to the nation’s conservation goals by the Secretaries of Agriculture and Labor. If the Secretaries jointly conclude that a Civilian Conservation Center is not meeting these dual performance goals, they may take performance improvement actions described in subparagraph (A), (B), or (C) of paragraph (2) of this subsection.”
in subsection (g)(2)—
by striking “has entered” and inserting “enters”; and
by striking “comply” and inserting “attest to compliance”.
Technical amendment— Subtitle C of title I (29 U.S.C. 3191 et seq.) is amended by striking “Committee on Education and the Workforce” each place it appears and inserting “Committee on Education and Labor”.
Authorization of appropriations— Section 162 (29 U.S.C. 3212) is amended to read as follows:
“162. Authorization of appropriations
“(a) In general—There are authorized to be appropriated to carry out this subtitle—
“(1) $1,809,857,925 for fiscal year 2023;
“(2) $1,873,202,952 for fiscal year 2024;
“(3) $1,938,765,056 for fiscal year 2025;
“(4) $2,006,621,833 for fiscal year 2026;
“(5) $2,076,853,597 for fiscal year 2027; and
“(6) $2,149,543,473 for fiscal year 2028.
“(b) Construction costs—Of the amount authorized in subsection (a) for each of fiscal years 2023 through 2028, $107,800,000 shall be for construction, rehabilitation, and acquisition of Job Corps Campuses.”