§ 2885. — Recruitment, screening, selection, and assignment of enrollees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2885]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER III--JOB CORPS
Sec. 2885. Recruitment, screening, selection, and assignment of
enrollees
(a) Standards and procedures
(1) In general
The Secretary shall prescribe specific standards and procedures
for the recruitment, screening, and selection of eligible applicants
for the Job Corps, after considering recommendations from the
Governors, local boards, and other interested parties.
(2) Methods
In prescribing standards and procedures under paragraph (1), the
Secretary, at a minimum, shall--
(A) prescribe procedures for informing enrollees that drug
tests will be administered to the enrollees and the results
received within 45 days after the enrollees enroll in the Job
Corps;
(B) establish standards for recruitment of Job Corps
applicants;
(C) establish standards and procedures for--
(i) determining, for each applicant, whether the
educational and vocational needs of the applicant can best
be met through the Job Corps program or an alternative
program in the community in which the applicant resides; and
(ii) obtaining from each applicant pertinent data
relating to background, needs, and interests for determining
eligibility and potential assignment;
(D) where appropriate, take measures to improve the
professional capability of the individuals conducting screening
of the applicants; and
(E) assure that an appropriate number of enrollees are from
rural areas.
(3) Implementation
To the extent practicable, the standards and procedures shall be
implemented through arrangements with--
(A) applicable one-stop centers;
(B) community action agencies, business organizations, and
labor organizations; and
(C) agencies and individuals that have contact with youth
over substantial periods of time and are able to offer reliable
information about the needs and problems of youth.
(4) Consultation
The standards and procedures shall provide for necessary
consultation with individuals and organizations, including court,
probation, parole, law enforcement, education, welfare, and medical
authorities and advisers.
(5) Reimbursement
The Secretary is authorized to enter into contracts with and
make payments to individuals and organizations for the cost of
conducting recruitment, screening, and selection of eligible
applicants for the Job Corps, as provided for in this section. The
Secretary shall make no payment to any individual or organization
solely as compensation for referring the names of applicants for the
Job Corps.
(b) Special limitations on selection
(1) In general
No individual shall be selected as an enrollee unless the
individual or organization implementing the standards and procedures
described in subsection (a) of this section determines that--
(A) there is a reasonable expectation that the individual
considered for selection can participate successfully in group
situations and activities, and is not likely to engage in
behavior that would prevent other enrollees from receiving the
benefit of the Job Corps program or be incompatible with the
maintenance of sound discipline and satisfactory relationships
between the Job Corps center to which the individual might be
assigned and communities surrounding the Job Corps center;
(B) the individual manifests a basic understanding of both
the rules to which the individual will be subject and of the
consequences of failure to observe the rules; and
(C) the individual has passed a background check conducted
in accordance with procedures established by the Secretary.
(2) Individuals on probation, parole, or supervised release
An individual on probation, parole, or supervised release may be
selected as an enrollee only if release from the supervision of the
probation or parole official involved is satisfactory to the
official and the Secretary and does not violate applicable laws
(including regulations). No individual shall be denied a position in
the Job Corps solely on the basis of individual contact with the
criminal justice system.
(c) Assignment plan
(1) In general
Every 2 years, the Secretary shall develop and implement an
assignment plan for assigning enrollees to Job Corps centers. In
developing the plan, the Secretary shall, based on the analysis
described in paragraph (2), establish targets, applicable to each
Job Corps center, for--
(A) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the State in which the center is
located; and
(B) the maximum attainable percentage of enrollees at the
Job Corps center that reside in the region in which the center
is located, and in surrounding regions.
(2) Analysis
In order to develop the plan described in paragraph (1), the
Secretary shall, every 2 years, analyze, for the Job Corps center--
(A) the size of the population of individuals eligible to
participate in Job \1\ Corps in the State and region in which
the Job Corps center is located, and in surrounding regions;
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\1\ So in original. Probably should be preceded by ``the''.
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(B) the relative demand for participation in the Job Corps
in the State and region, and in surrounding regions; and
(C) the capacity and utilization of the Job Corps center,
including services provided through the center.
(d) Assignment of individual enrollees
(1) In general
After an individual has been selected for the Job Corps in
accordance with the standards and procedures of the Secretary under
subsection (a) of this section, the enrollee shall be assigned to
the Job Corps center that is closest to the home of the enrollee,
except that the Secretary may waive this requirement if--
(A) the enrollee chooses a vocational training program, or
requires an English literacy program, that is not available at
such center;
(B) the enrollee would be unduly delayed in participating in
the Job Corps program because the closest center is operating at
full capacity; or
(C) the parent or guardian of the enrollee requests
assignment of the enrollee to another Job Corps center due to
circumstances in the community of the enrollee that would impair
prospects for successful participation in the Job Corps program.
(2) Enrollees who are younger than 18
An enrollee who is younger than 18 shall not be assigned to a
Job Corps center other than the center closest to the home of the
enrollee pursuant to paragraph (1) if the parent or guardian of the
enrollee objects to the assignment.
(Pub. L. 105-220, title I, Sec. 145, Aug. 7, 1998, 112 Stat. 1007.)
Prior Provisions
Provisions similar to this section were contained in sections 1694
to 1696 of this title prior to repeal by Pub. L. 105-220.
Section Referred to in Other Sections
This section is referred to in sections 2892, 2898 of this title.
