29 U.S.C. § 2899 (LABOR)
§ 2899. Management information
(a) Financial management information system
(1) In general
The Secretary shall establish procedures to ensure that each operator, and each service provider, maintains a financial management information system that will provide—
(A) accurate, complete, and current disclosures of the costs of Job Corps operations; and
(B) sufficient data for the effective evaluation of activities carried out through the Job Corps program.
(2) Accounts
Each operator and service provider shall maintain funds received under this subchapter in accounts in a manner that ensures timely and accurate reporting as required by the Secretary.
(3) Fiscal responsibility
Operators shall remain fiscally responsible and control costs, regardless of whether the funds made available for Job Corps centers are incrementally increased or decreased between fiscal years.
(b) Audit
(1) Access
The Secretary, the Inspector General of the Department of Labor, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the operators and service providers described in subsection (a) of this section that are pertinent to the Job Corps program, for purposes of conducting surveys, audits, and evaluations of the operators and service providers.
(2) Surveys, audits, and evaluations
The Secretary shall survey, audit, or evaluate, or arrange for the survey, audit, or evaluation of, the operators and service providers, using Federal auditors or independent public accountants. The Secretary shall conduct such surveys, audits, or evaluations not less often than once every 3 years.
(c) Information on indicators of performance
(1) Establishment
The Secretary shall, with continuity and consistency from year to year, establish indicators of performance, and expected levels of performance for Job Corps centers and the Job Corps program, relating to—
(A) the number of graduates and the rate of such graduation, analyzed by type of vocational training received through the Job Corps program and by whether the vocational training was provided by a local or national service provider;
(B) the number of graduates who entered unsubsidized employment related to the vocational training received through the Job Corps program and the number who entered unsubsidized employment not related to the vocational training received, analyzed by whether the vocational training was provided by a local or national service provider and by whether the placement in the employment was conducted by a local or national service provider;
(C) the average wage received by graduates who entered unsubsidized employment related to the vocational training received through the Job Corps program and the average wage received by graduates who entered unsubsidized employment unrelated to the vocational training received;
(D) the average wage received by graduates placed in unsubsidized employment after completion of the Job Corps program—
(i) on the first day of the employment;
(ii) 6 months after the first day of the employment; and
(iii) 12 months after the first day of the employment,
analyzed by type of vocational training received through the Job Corps program;
(E) the number of graduates who entered unsubsidized employment and were retained in the unsubsidized employment—
(i) 6 months after the first day of the employment; and
(ii) 12 months after the first day of the employment;
(F) the number of graduates who entered unsubsidized employment—
(i) for 32 hours per week or more;
(ii) for not less than 20 but less than 32 hours per week; and
(iii) for less than 20 hours per week;
(G) the number of graduates who entered postsecondary education or advanced training programs, including apprenticeship programs, as appropriate; and
(H) the number of graduates who attained job readiness and employment skills.
(2) Performance of recruiters
The Secretary shall also establish performance measures, and expected performance levels on the performance measures, for local and national recruitment service providers serving the Job Corps program. The performance measures shall relate to the number of enrollees retained in the Job Corps program for 30 days and for 60 days after initial placement in the program.
(3) Report
The Secretary shall collect, and annually submit a report to the appropriate committees of Congress containing, information on the performance of each Job Corps center, and the Job Corps program, on the core performance measures, as compared to the expected performance level for each performance measure. The report shall also contain information on the performance of the service providers described in paragraph (2) on the performance measures established under such paragraph, as compared to the expected performance levels for the performance measures.
(d) Additional information
The Secretary shall also collect, and submit in the report described in subsection (c) of this section, information on the performance of each Job Corps center, and the Job Corps program, regarding—
(1) the number of enrollees served;
(2) the average level of learning gains for graduates and former enrollees;
(3) the number of former enrollees and graduates who entered the Armed Forces;
(4) the number of former enrollees who entered postsecondary education;
(5) the number of former enrollees who entered unsubsidized employment related to the vocational training received through the Job Corps program and the number who entered unsubsidized employment not related to the vocational training received;
(6) the number of former enrollees and graduates who obtained a secondary school diploma or its recognized equivalent;
(7) the number and percentage of dropouts from the Job Corps program including the number dismissed under the zero tolerance policy described in section 2892(b) of this title; and
(8) any additional information required by the Secretary.
(e) Methods
The Secretary may collect the information described in subsections (c) and (d) of this section using methods described in section 2871(f)(2) of this title consistent with State law.
(f) Performance assessments and improvements
(1) Assessments
The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program.
(2) Performance improvement plans
With respect to a Job Corps center that fails to meet the expected levels of performance relating to the core performance measures specified in subsection (c) of this section, the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action including—
(A) providing technical assistance to the center;
(B) changing the vocational training offered at the center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) Additional performance improvement plans
In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in paragraph (2), for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in paragraph (2).
(g) Closure of Job Corps center
Prior to the closure of any Job Corps center, the Secretary shall ensure—
(1) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register or other appropriate means;
(2) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary; and
(3) that the Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center.
(Pub. L. 105–220, title I, § 159, Aug. 7, 1998, 112 Stat. 1017; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(6)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–411.)
heading: Repeal of Section
text: Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, provided that, effective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], this section is repealed.
heading: Amendments
text: 1998—Subsec. (c)(1)(G). Pub. L. 105–277, § 101(f) [title VIII, § 401(6)(A)], substituted “postsecondary” for “post-secondary”.
Subsec. (c)(3). Pub. L. 105–277, § 101(f) [title VIII, § 401(6)(B)], substituted “containing,” for “containing”.
Subsec. (d)(4). Pub. L. 105–277, § 101(f) [title VIII, § 401(6)(A)], substituted “postsecondary” for “post-secondary”.
heading: Effective Date of Repeal
text: Repeal effective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.