
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
