Final Rule 20 CFR Part 670

[Federal Register: August 11, 2000 (Volume 65, Number 156)]

[Rules and Regulations]

[Page 49293-49342]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11au00-7]

PART 670--THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INVESTMENT

ACT

Subpart A--Scope and Purpose

Sec.

670.100 What is the scope of this part?

670.110 What is the Job Corps program?

670.120 What definitions apply to this part?

670.130 What is the role of the Job Corps Director?

Subpart B--Site Selection and Protection and Maintenance of Facilities

670.200 Who decides where Job Corps centers will be located?

670.210 How are center facility improvements and new construction

handled?

670.220 Are we responsible for the protection and maintenance of

center facilities?

Subpart C--Funding and Selection of Service Providers

670.300 What entities are eligible to receive funds to operate

centers and provide training and operational support services?

670.310 How are entities selected to receive funding?

670.320 What are the requirements for award of contracts and

payments to Federal agencies?

Subpart D--Recruitment, Eligibility, Screening, Selection and

Assignment, and Enrollment

670.400 Who is eligible to participate in the Job Corps program?

670.410 Are there additional factors which are considered in

selecting an eligible applicant for enrollment?

670.420 Are there any special requirements for enrollment related

to the Military Selective Service Act?

670.430 What entities conduct outreach and admissions activities

for the Job Corps program?

670.440 What are the responsibilities of outreach and admissions

agencies?

670.450 How are applicants who meet eligibility and selection

criteria assigned to centers?

670.460 What restrictions are there on the assignment of eligible

applicants for nonresidential enrollment in Job Corps?

670.470 May a person who is determined to be ineligible or an

individual who is denied enrollment appeal that decision?

670.480 At what point is an applicant considered to be enrolled in

Job Corps?

670.490 How long may a student be enrolled in Job Corps?

Subpart E--Program Activities and Center Operati

670.500 What services must Job Corps centers provide?

670.505 What types of training must Job Corps centers provide?

670.510 Are Job Corps center operators responsible for providing

all vocational training?

670.515 What responsibilities do the center operators have in

managing work-based learning?

670.520 Are students permitted to hold jobs other than work-based

learning opportunities?

670.525 What residential support services must Job Corps center

operators provide?

670.530 Are Job Corps centers required to maintain a student

accountability system?

670.535 Are Job Corps centers required to establish behavior

management systems?

670.540 What is Job Corps' zero tolerance policy?

670.545 How does Job Corps ensure that students receive due

process in disciplinary actions?

670.550 What responsibilities do Job Corps centers have in

assisting students with child care needs?

670.555 What are the center's responsibilities in ensuring that

students' religious rights are respected?

670.560 Is Job Corps authorized to conduct pilot and demonstration

projects?

Subpart F--Student Support

670.600 Is government-paid transportation provided to Job Corps

students?

670.610 When are students authorized to take leaves of absence

from their Job Corps centers?

670.620 Are Job Corps students eligible to receive cash allowances

and performance bonuses?

670.630 Are student allowances subject to Federal Payroll Taxes?

670.640 Are students provided with clothing?

Subpart G--Placement and Continued Services

670.700 What are Job Corps centers' responsibilities in preparing

students for placement services?

670.710 What placement services are provided for Job Corps

students?

670.720 Who provides placement services?

670.730 What are the responsibilities of placement agencies?

670.740 Must continued services be provided for graduates?

670.750 Who may provide continued services for graduates?

670.760 How will Job Corps coordinate with other agencies?

Subpart H--Community Connections

670.800 How do Job Corps centers and service providers become

involved in their local communities?

Subpart I--Administrative and Management Provisions

670.900 Are damages caused by students eligible for reimbursement

under the Tort Claims Act?

670.905 Are damages that occur to private parties at Job Corps

Centers eligible for reimbursement under the Tort Claims Act?

670.910 Are students entitled to Federal Employees Compensation

Benefits (FECB)?

670.915 When are residential students considered to be in the

performance of duty?

670.920 When are non-resident students considered to be in the

performance of duty?

670.925 When are students considered to be not in the performance

of duty?

670.930 How are FECA benefits computed?

670.935 How are students protected from unsafe or unhealthy

situations?

670.940 What are the requirements for criminal law enforcement

jurisdiction on center property?

670.945 Are Job Corps operators and service providers authorized

to pay State or local taxes on gross receipts?

670.950 What are the financial management responsibilities of Job

Corps center operators and other service providers?

670.955 Are center operators and service providers subject to

Federal audits?

670.960 What are the procedures for management of student records?

670.965 What procedures apply to disclosure of information about

Job Corps students and program activities?

670.970 What are the reporting requirements for center operators

and operational support service providers?

670.975 How is the performance of the Job Corps program assessed?

670.980 What are the indicators of performance for Job Corps?

670.985 What happens if a center operator, screening and

admissions contractor or other service provider fails to meet the

expected levels of performance?

670.990 What procedures are available to resolve complaints and

disputes?

670.991 How does Job Corps ensure that complaints or disputes are

resolved in a timely fashion?

670.992 How does Job Corps ensure that centers or other service

providers comply with the Act and the WIA regulations?

670.993 How does Job Corps ensure that contract disputes will be

resolved?

670.994 How does Job Corps resolve disputes between DOL and other

Federal Agencies?

670.995 What DOL equal opportunity and nondiscrimination

regulations apply to Job Corps?

Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Subpart A--Scope and Purpose

Sec. 670.100 What is the scope of this part?

The regulations in this part are an outline of the requirements

that apply to the Job Corps program. More detailed policies and

procedures are contained in a Policy and Requirements Handbook issued

by the Secretary. Throughout this part, phrases like ``according to

instructions (procedures) issued by the Secretary'' refer to the Policy

and Requirements Handbook and other Job Corps directives.

Sec. 670.110 What is the Job Corps program?

Job Corps is a national program that operates in partnership with

States and communities, local Workforce Investment Boards, youth

councils, One-Stop Centers and partners, and other youth programs to

provide education and training, primarily in a residential setting, for

low income young people. The objective of Job Corps is to provide young

people with the skills they need to obtain and hold a job, enter the

Armed Forces, or enroll in advanced training or further education.

Sec. 670.120 What definitions apply to this part?

The following definitions apply to this part:

Absent Without Official Leave (AWOL) means an adverse enrollment

status to which a student is assigned based on extended, unapproved

absence from his/her assigned center or off-center place of duty.

Students do not earn Job Corps allowances while in AWOL status.

Applicable local board means a local Workforce Investment Board

that:

(1) Works with a Job Corps center and provides information on local

demand occupations, employment opportunities, and the job skills needed

to obtain the opportunities, and

(2) Serves communities in which the graduates of the Job Corps seek

employment when they leave the program.

Capital improvement means any modification, addition, restoration

or other improvement:

(1) Which increases the usefulness, productivity, or serviceable

life of an existing site, facility, building, structure, or major item

of equipment;

(2) Which is classified for accounting purposes as a ``fixed

asset;'' and

(3) The cost of which increases the recorded value of the existing

building, site, facility, structure, or major item of equipment and is

subject to depreciation.

Center means a facility and an organizational entity, including all

of its parts, providing Job Corps training and designated as a Job

Corps center.

Center operator means a Federal, State or local agency, or a

contractor that runs a center under an agreement or contract with DOL.

Civilian conservation center (CCC) means a center operated on

public land under an agreement between DOL and another Federal agency,

which provides, in addition to other training and assistance, programs

of work-based learning to conserve, develop, or manage public natural

resources or public recreational areas or to develop community projects

in the public interest.

Contract center means a Job Corps center operated under a contract

with DOL.

Contracting officer means the Regional Director or other official

authorized to enter into contracts or agreements on behalf of DOL.

Enrollee means an individual who has voluntarily applied for, been

selected for, and enrolled in the Job Corps program, and remains with

the program, but has not yet become a graduate. Enrollees are also

referred to as ``students'' in this part.

Enrollment means the process by which individual formally becomes a

student in the Job Corps program.

Graduate means an enrollee who has:

(1) Completed the requirements of a vocational training program, or

received a secondary school diploma or its equivalent as a result of

participating in the Job Corps program; and

(2) Achieved job readiness and employment skills as a result of

participating in the Job Corps program.

Individual with a disability means an individual with a disability

as defined in section 3 of the Americans with Disabilities Act of 1990

(42 U.S.C. 12102).

Interagency agreement means a formal agreement between DOL and

another Federal agency administering and operating centers. The

agreement establishes procedures for the funding, administration,

operation, and review of those centers as well as the resolution of any

disputes.

Job Corps means the agency of the Department established by section

143 of the Workforce Investment Act of 1998 (WIA) (20 U.S.C. 9201 et

seq.) to perform those functions of the Secretary of Labor set forth in

subtitle C of WIA Title I.

Job Corps Director means the chief official of the Job Corps or a

person authorized to act for the Job Corps Director.

Low income individual means an individual who meets the definition

in WIA section 101(25).

National Office means the national office of Job Corps.

National training contractor means a labor union, union-affiliated

organization, business organization, association or a combination of

such organizations, which has a contract with the national office to

provide vocational training, placement, or other services.

Operational support services means activities or services required

to support the operation of Job Corps, including:

(1) Outreach and admissions services;

(2) Contracted vocational training and off-center training;

(3) Placement services;

(4) Continued services for graduates;

(5) Certain health services; and

(6) Miscellaneous logistical and technical support.

Outreach and admissions agency means an organization that performs

outreach, and screens and enrolls youth under a contract or other

agreement with Job Corps.

Placement means student employment, entry into the Armed Forces, or

enrollment in other training or education programs following separation

from Job Corps.

Placement agency means an organization acting under a contract or

other agreement with Job Corps to provide placement services for

graduates and, to the extent possible, for former students.

Regional appeal board means the board designated by the Regional

Director to consider student appeals of disciplinary discharges.

Regional Director means the chief Job Corps official of a regional

office or a person authorized to act for the Regional Director.

Regional Office means a regional office of Job Corps.

Regional Solicitor means the chief official of a regional office of

the DOL Office of the Solicitor, or a person authorized to act for the

Regional Solicitor.

Separation means the action by which an individual ceases to be a

student in the Job Corps program, either voluntarily or involuntarily.

Student means an individual enrolled in the Job Corps.

Unauthorized goods means:

(1) Firearms and ammunition;

(2) Explosives and incendiaries;

(3) Knives with blades longer than 2 inches;

(4) Homemade weapons;

(5) All other weapons and instruments used primarily to inflict

personal injury;

(6) Stolen property;

(7) Drugs, including alcohol, marijuana, depressants, stimulants,

hallucinogens, tranquilizers, and drug paraphernalia except for drugs

and/or paraphernalia that are prescribed for medical reasons; and

(8) Any other goods prohibited by the center operator in a student

handbook.

Sec. 670.130 What is the role of the Job Corps Director?

The Job Corps Director has been delegated the authority to carry

out the responsibilities of the Secretary under Subtitle I-C of the

Act. Where the term ``Secretary'' is used in this part 670 to refer to

establishment or issuance of guidelines and standards directly relating

to the operation of the Job Corps program, the Job Corps Director has

that responsibility.

Subpart B--Site Selection and Protection and Maintenance of

Facilities

Sec. 670.200 Who decides where Job Corps centers will be located?

(a) The Secretary must approve the location and size of all Job

Corps centers.

(b) The Secretary establishes procedures for making decisions

concerning the establishment, relocation, expansion, or closing of

contract centers.

Sec. 670.210 How are center facility improvements and new construction

handled?

The Secretary issues procedures for requesting, approving, and

initiating capital improvements and new construction on Job Corps

centers.

Sec. 670.220 Are we responsible for the protection and maintenance of

center facilities?

(a) Yes, the Secretary establishes procedures for the protection

and maintenance of contract center facilities owned or leased by the

Department of Labor, that are consistent with Federal Property

Management Regulations at 41 CFR Chapter 101.

(b) Federal agencies operating civilian conservation centers

(CCC's) on public land are responsible for protection and maintenance

of CCC facilities.

facility surveys of centers to determine their condition and to

identify needs such as correction of safety and health deficiencies,

rehabilitation, and/or new construction.

Subpart C--Funding and Selection of Service Providers

Sec. 670.300 What entities are eligible to receive funds to operate

centers and provide training and operational support services?

(a) Entities eligible to receive funds under this subpart to

operate centers include:

(1) Federal, State, and local agencies;

(2) Private for-profit and non-profit corporations;

(3) Indian tribes and organizations; and

(4) Area vocational education or residential vocational schools.

(WIA sec. 147(a)(1)(A) and (d)).

(b) Entities eligible to receive funds to provide outreach and

admissions, placement and other operational support services include:

(1) One-Stop Centers and partners;

(2) Community action agencies;

(3) Business organizations;

(4) Labor organizations;

(5) Private for-profit and non-profit corporations; and

(6) Other agencies, and individuals that have experience and

contact with youth. (WIA sec. 145(a)(3)).

Sec. 670.310 How are entities selected to receive funding?

(a) The Secretary selects eligible entities to operate contract

centers and operational support service providers on a competitive

basis in accordance with the Federal Property and Administrative

Services Act of 1949 unless section 303 (c) and (d) of that Act apply.

In selecting an entity, Job Corps issues requests for proposals (RFP)

for the operation of all contract centers and for provision of

operational support services according to Federal Acquisition

Regulation (48 CFR Chapter 1) and DOL Acquisition Regulation (48 CFR

Chapter 29). Job Corps develops RFP's for center operators in

consultation with the Governor, the center industry council (if

established), and the Local Board for the workforce investment area in

which the center is located.

(b) The RFP for each contract center and each operational support

service contract describes uniform specifications and standards, as

well as specifications and requirements that are unique to the

operation of the specific center or to the specific required

operational support services.

center operators on the basis of an evaluation of the proposals

received using criteria established by the Secretary, and set forth in

the RFP. The criteria include the following:

(1) The offeror's ability to coordinate the activities carried out

through the Job Corps center with activities carried out under the

appropriate State and local workforce investment plans;

(2) The degree to which the offeror proposes vocational training

that reflects employment opportunities in the local areas in which most

of the students intend to seek employment;

(3) The degree to which the offeror is familiar with the

surrounding community, including the applicable One-Stop Centers, and

the State and region in which the center is located; and

(4) The offeror's past performance.

(d) The Contracting Officer selects and funds operational support

service contractors on the basis of an evaluation of the proposals

received using criteria established by the Secretary and set forth in

the RFP.

(e) The Secretary enters into interagency agreements with Federal

agencies for the funding, establishment, and operation of CCC's which

include provisions to ensure that the Federal agencies comply with the

regulations under this part.

Sec. 670.320 What are the requirements for award of contracts and

payments to Federal agencies?

(a) The requirements of the Federal Property and Administrative

Services Act of 1949, as amended; the Federal Grant and Cooperative

Agreement Act of 1977; the Federal Acquisition Regulation (48 CFR

Chapter 1); and the DOL Acquisition Regulation (48 CFR Chapter 29)

apply to the award of contracts and to payments to Federal agencies.

(b) Job Corps funding of Federal agencies that operate CCC's are

made by a transfer of obligational authority from DOL to the respective

operating agency.

Subpart D--Recruitment, Eligibility, Screening, Selection and

Assignment, and Enrollment

Sec. 670.400 Who is eligible to participate in the Job Corps program?

To be eligible to participate in the Job Corps, an individual must

be:

(a) At least 16 and not more than 24 years of age at the time of

enrollment, except

(1) There is no upper age limit for an otherwise eligible

individual with a disability; and

(2) Not more than 20% of individuals enrolled nationwide may be

individuals who are aged 22 to 24 years old;

(b) A low-income individual;

barriers to education and employement:

(1) Is basic skills deficient, as defined in WIA sec. 101(4); or

(2) Is a school dropout; or

(3) Is homeless, or a runaway, or a foster child; or

(4) Is a parent; or

(5) Requires additional education, vocational training, or

intensive counseling and related assistance in order to participate

successfully in regular schoolwork or to secure and hold meaningful

employment; and

(d) Meets the requirements of Sec. 670.420, if applicable.

Sec. 670.410 Are there additional factors which are considered in

selecting an eligible applicant for enrollment?

Yes, in accordance with procedures issued by the Secretary, an

eligible applicant may be selected for enrollment, only if:

(a) A determination is made, based on information relating to the

background, needs and interests of the applicant, that the applicant's

educational and vocational needs can best be met through the Job Corps

program;

(b) A determination is made that there is a reasonable expectation

the applicant can participate successfully in group situations and

activities, and is not likely to engage in actions that would

potentially:

(1) Prevent other students from receiving the benefit of the

program;

(2) Be incompatible with the maintenance of sound discipline; or

(3) Impede satisfactory relationships between the center to which

the student is assigned and surrounding local communities;

consequences are for failure to observe the rules, as described in

procedures issued by the Secretary;

(d) The applicant passes a background check conducted according to

procedures established by the Secretary. The background check must find

that the applicant is not on probation, parole, under a suspended

sentence or under the supervision of any agency as a result of court

action or institutionalization, unless the court or appropriate agency

certifies in writing that it will approve of the applicant's release

from its supervision and that the applicant's release does not violate

applicable laws and regulations. No one will be denied enrollment in

Job Corps solely on the basis of contact with the criminal justice

system. (WIA secs. 145(b)(1)(C) and 145(b)(2));

(e) Suitable arrangements are made for the care of any dependent

children for the proposed period of enrollment.

Sec. 670.420 Are there any special requirements for enrollment related

to the Military Selective Service Act?

(a) Yes, each male applicant 18 years of age or older must present

evidence that he has complied with section 3 of the Military Selective

Service Act (50 U.S.C. App. 451 et seq.) if required; and

(b) When a male student turns 18 years of age, he must submit

evidence to the center that he has complied with the requirements of

the Military Selective Service Act (50 U.S.C. App. 451 et seq).

Sec. 670.430 What entities conduct outreach and admissions activities

for the Job Corps program?

The Regional Director makes arrangements with outreach and

admissions agencies to perform Job Corps recruitment, screening and

admissions functions according to standards and procedures issued by

the Secretary. One-Stop Centers or partners, community action

organizations, private for-profit and non-profit businesses, labor

organizations, or other entities that have contact with youth over

substantial periods of time and are able to offer reliable information

about the needs of youth, conduct outreach and admissions activities.

The Regional Director awards contracts for provision of outreach and

screening services on a competitive basis in accordance with the

requirements in Sec. 670.310.

Sec. 670.440 What are the responsibilities of outreach and admissions

agencies?

(a) Outreach and admissions agencies are responsible for:

(1) Developing outreach and referral sources;

(2) Actively seeking out potential applicants;

(3) Conducting personal interviews with all applicants to identify

their needs and eligibility status; and

(4) Identifying youth who are interested and likely Job Corps

participants.

(b) Outreach and admissions agencies are responsible for completing

all Job Corps application forms and determining whether applicants meet

the eligibility and selection criteria for participation in Job Corps

as provided in Secs. 670.400 and 670.410.

or more of the eligibility criteria will be made by the Regional

Director.

Sec. 670.450 How are applicants who meet eligibility and selection

criteria assigned to centers?

(a) Each applicant who meets the application and selection

requirements of Secs. 670.400 and 670.410 is assigned to a center based

on an assignment plan developed by the Secretary. The assignment plan

identifies a target for the maximum percentage of students at each

center who come from the State or region nearest the center, and the

regions surrounding the center. The assignment plan is based on an

analysis of:

(1) The number of eligible individuals in the State and region

where the center is located and the regions surrounding where the

center is located;

(2) The demand for enrollment in Job Corps in the State and region

where the center is located and in surrounding regions; and

(3) The size and enrollment level of the center.

(b) Eligible applicants are assigned to centers closest to their

homes, unless it is determined, based on the special needs of

applicants, including vocational interests and English literacy needs,

the unavailability of openings in the closest center, or parent or

guardian concerns, that another center is more appropriate.

center other than the center closest to home if a parent or guardian

objects to the assignment.

Sec. 670.460 What restrictions are there on the assignment of eligible

applicants for nonresidential enrollment in Job Corps?

(a) No more than 20 percent of students enrolled in Job Corps

nationwide may be nonresidential students.

(b) In enrolling individuals who are to be nonresidential students,

priority is given to those eligible individuals who are single parents

with dependent children. (WIA sec 147(b).)

Sec. 670.470 May a person who is determined to be ineligible or an

individual who is denied enrollment appeal that decision?

(a) A person who is determined to be ineligible to participate in

Job Corps under Sec. 670.400 or a person who is not selected for

enrollment under Sec. 670.410 may appeal the determination to the

outreach and admissions agency or to the center within 60 days of the

determination. The appeal will be resolved according to the procedures

in Secs. 670.990 and 670.991. If the appeal is denied by the outreach/

admissions contractor or the center, the person may appeal the decision

in writing to the Regional Director within 60 days the date of the

denial. The Regional Director will decide within 60 days whether to

reverse or approve the appealed decision. The decision by the Regional

Director is the Department's final decision.

(b) If an applicant believes that he or she has been determined

ineligible or not selected for enrollment based upon a factor

prohibited by WIA section 188, the individual may proceed under the

applicable DOL nondiscrimination regulations implementing WIA section

188. These regulations may be found at 29 CFR part 37.

is denied enrollment must be referred to the appropriate One-Stop

Center or other local service provider.

Sec. 670.480 At what point is an applicant considered to be enrolled

in Job Corps?

(a) To become enrolled as a Job Corps student, an applicant

selected for enrollment must physically arrive at the assigned Job

Corps center on the appointed date. However, applicants selected for

enrollment who arrive at their assigned centers by government furnished

transportation are considered to be enrolled on their dates of

departure by such transportation.

(b) Center operators must document the enrollment of new students

according to procedures issued by the Secretary.

Sec. 670.490 How long may a student be enrolled in Job Corps?

(a) Except as provided in paragraph (b) of this section, a student

may remain enrolled in Job Corps for no more than two years.

(b)(1) An extension of a student's enrollment may be authorized in

special cases according to procedures issued by the Secretary; and

(2) A student's enrollment in an advanced career training program

may be extended in order to complete the program for a period not to

exceed one year.

Subpart E--Program Activities and Center Operations

Sec. 670.500 What services must Job Corps centers provide?

(a) Job Corps centers must provide:

(1) Academic, vocational, employability and social skills training;

(2) Work-based learning; and

(3) Recreation, counseling and other residential support services.

(b) In addition, centers must provide students with access to the

core services described in WIA section 134(d)(2) and the intensive

services described in WIA section 134(d)(3).

Sec. 670.505 What types of training must Job Corps centers provide?

(a) Job Corps centers must provide basic education, vocational and

social skills training. The Secretary provides curriculum standards and

guidelines.

(b) Each center must provide students with competency-based or

individualized training in an occupational area that will best

contribute to the students' opportunities for permanent long-term

employment.

(1) Specific vocational training programs offered by individual

centers must be approved by the Regional Director according to policies

issued by the Secretary.

(2) Center industry councils described in Sec. 670.800 must review

appropriate labor market information, identify employment opportunities

in local areas where students will look for employment, determine the

skills and education necessary for those jobs, and as appropriate,

recommend changes in the center's vocational training program to the

Secretary.

progress and achievements of each student at regular intervals.

(d) Each center must develop a training plan that must be available

for review and approval by the appropriate Regional Director.

Sec. 670.510 Are Job Corps center operators responsible for providing

all vocational training?

No, in order to facilitate students' entry into the workforce, the

Secretary may contract with national business, union, or union-

affiliated organizations for vocational training programs at specific

centers. Contractors providing such vocational training will be

selected in accordance with the requirements of Sec. 670.310.

Sec. 670.515 What responsibilities do the center operators have in

managing work-based learning?

(a) The center operator must emphasize and implement work-based

learning programs for students through center program activities,

including vocational skills training, and through arrangements with

employers. Work-based learning must be under actual working conditions

and must be designed to enhance the employability, responsibility, and

confidence of the students. Work-based learning usually occurs in

tandem with students' vocational training.

(b) The center operator must ensure that students are assigned only

to workplaces that meet the safety standards described in Sec. 670.935.

Sec. 670.520 Are students permitted to hold jobs other than work-based

learning opportunities?

Yes, a center operator may authorize a student to participate in

gainful leisure time employment, as long as the employment does not

interfere with required scheduled activities.

Sec. 670.525 What residential support services must Job Corps center

operators provide?

Job Corps center operators must provide the following services

according to procedures issued by the Secretary:

(a) A quality living and learning environment that supports the

overall training program and includes a safe, secure, clean and

attractive physical and social environment, seven days a week, 24 hours

a day;

(b) An ongoing, structured counseling program for students;

students;

(d) Medical services, through provision or coordination of a

wellness program which includes access to basic medical, dental and

mental health services, as described in the Policy and Requirements

Handbook, for all students from the date of enrollment until separation

from the Job Corps program;

(e) A recreation/avocational program;

(f) A student leadership program and an elected student government;

and

(g) A student welfare association for the benefit of all students

that is funded by non-appropriated funds which come from sources such

as snack bars, vending machines, disciplinary fines, and donations, and

is run by an elected student government, with the help of a staff

advisor.

Sec. 670.530 Are Job Corps centers required to maintain a student

accountability system?

Yes, each Job Corps center must establish and operate an effective

system to account for and document the whereabouts, participation, and

status of students during their Job Corps enrollment. The system must

enable center staff to detect and respond to instances of unauthorized

or unexplained student absence. Each center must operate its student

accountability system according to requirements and procedures issued

by the Secretary.

Sec. 670.535 Are Job Corps centers required to establish behavior

management systems?

(a) Yes, each Job Corps center must establish and maintain its own

student incentives system to encourage and reward students'

accomplishments.

(b) The Job Corps center must establish and maintain a behavior

management system, according to procedures established by the

Secretary. The behavior management system must include a zero tolerance

policy for violence and drugs policy as described in Sec. 670.540.

Sec. 670.540 What is Job Corps' zero tolerance policy?

(a) Each Job Corps center must have a zero tolerance policy for:

(1) An act of violence, as defined in procedures issued by the

Secretary;

(2) Use, sale, or possession of a controlled substance, as defined

at 21 U.S.C. 802;

(3) Abuse of alcohol;

(4) Possession of unauthorized goods; or

(5) Other illegal or disruptive activity.

(b) As part of this policy, all students must be tested for drugs

as a condition of enrollment. (WIA sec. 145(a)(1) and 152(b)(2).)

must specify the offenses that result in the automatic separation of a

student from the Job Corps. The center director is responsible for

determining when there is a violation of a specified offense.

Sec. 670.545 How does Job Corps ensure that students receive due

process in disciplinary actions?

The center operator must ensure that all students receive due

process in disciplinary proceedings according to procedures developed

by the Secretary. These procedures must include, at a minimum, center

fact-finding and behavior review boards, a code of sanctions under

which the penalty of separation from Job Corps might be imposed, and

procedures for students to appeal a center's decision to discharge them

involuntarily from Job Corps to a regional appeal board.

Sec. 670.550 What responsibilities do Job Corps centers have in

assisting students with child care needs?

(a) Job Corps centers are responsible for coordinating with

outreach and admissions agencies to assist students with making

arrangements for child care for their dependent children.

(b) Job Corps centers may operate on center child development

programs with the approval of the Secretary.

Sec. 670.555 What are the center's responsibilities in ensuring that

students' religious rights are respected?

(a) Centers must ensure that a student has the right to worship or

not worship as he or she chooses.

(b) Religious services may not be held on center unless the center

is so isolated that transportation to and from community religious

facilities is impractical.

be paid to those who conduct services. Services may not be confined to

one religious denomination, and centers may not require students to

attend services.

(d) Students who believe their religious rights have been violated

may file complaints under the procedures set forth in 29 CFR part 37.

Sec. 670.560 Is Job Corps authorized to conduct pilot and

demonstration projects?

(a) Yes, the Secretary may undertake experimental, research and

demonstration projects related to the Job Corps program according to

WIA section 156.

(b) The Secretary establishes policies and procedures for

conducting such projects.

funds become the property of the United States.

Subpart F--Student Support

Sec. 670.600 Is government-paid transportation provided to Job Corps

students?

Yes, Job Corps provides for the transportation of students between

their homes and centers as described in policies and procedures issued

by the Secretary.

Sec. 670.610 When are students authorized to take leaves of absence

from their Job Corps centers?

Job Corps students are eligible for annual leaves, emergency leaves

and other types of leaves of absence from their assigned centers

according to criteria and requirements issued by the Secretary. Center

operators and other service providers must account for student leave

according to procedures issued by the Secretary.

Sec. 670.620 Are Job Corps students eligible to receive cash

allowances and performance bonuses?

(a) Yes, according to criteria and rates established by the

Secretary, Job Corps students receive cash living allowances,

performance bonuses, and allotments for care of dependents, and

graduates receive post-separation readjustment allowances and placement

bonuses. The Secretary may provide former students with post-separation

allowances.

(b) In the event of a student's death, any amount due under this

section is paid according to the provisions of 5 U.S.C. 5582 governing

issues such as designation of beneficiary, order of precedence and

related matters.

Sec. 670.630 Are student allowances subject to Federal Payroll Taxes?

Yes, Job Corps student allowances are subject to Federal payroll

tax withholding and social security taxes. Job Corps students are

considered to be Federal employees for purposes of Federal payroll

taxes. (WIA sec. 157(a)(2).)

Sec. 670.640 Are students provided with clothing?

Yes, Job Corps students are provided cash clothing allowances and/

or articles of clothing, including safety clothing, when needed for

their participation in Job Corps and their successful entry into the

work force. Center operators and other service providers must issue

clothing and clothing assistance to students according to rates,

criteria, and procedures issued by the Secretary.

Subpart G--Placement and Continued Services

Sec. 670.700 What are Job Corps centers' responsibilities in preparing

students for placement services?

Job Corps centers must test and counsel students to assess their

competencies and capabilities and determine their readiness for

placement.

Sec. 670.710 What placement services are provided for Job Corps

students?

(a) Job Corps placement services focus on placing program graduates

in:

(1) Full-time jobs that are related to their vocational training

and that pay wages that allow for self-sufficiency;

(2) Higher education; or

(3) Advanced training programs, including apprenticeship programs.

(b) Placement service levels for students may vary, depending on

whether the student is a graduate or a former student.

the Secretary.

Sec. 670.720 Who provides placement services?

The One-Stop system must be used to the fullest extent possible in

placing graduates and former students in jobs. Job Corps placement

agencies provide placement services under a contract or other agreement

with the Department of Labor.

Sec. 670.730 What are the responsibilities of placement agencies?

(a) Placement agencies are responsible for:

(1) Contacting graduates;

(2) Assisting them in improving skills in resume preparation,

interviewing techniques and job search strategies;

(3) Identifying job leads or educational and training opportunities

through coordination with local Workforce Investment Boards, One-Stop

operators and partners, employers, unions and industry organizations;

and

(4) Placing graduates in jobs, apprenticeship, the Armed Forces, or

higher education or training, or referring former students for

additional services in their local communities as appropriate.

Placement services may be provided for former students according to

procedures issued by the Secretary.

(b) Placement agencies must record and submit all Job Corps

placement information according to procedures established by the

Secretary.

Sec. 670.740 Must continued services be provided for graduates?

Yes, according to procedures issued by the Secretary, continued

services, including transition support and workplace counseling,

must be provided to program graduates for 12 months after graduation.

Sec. 670.750 Who may provide continued services for graduates?

Placement agencies, centers or other agencies, including One-Stop

partners, may provide post-program services under a contract or other

agreement with the Regional Director. In selecting a provider for

continued services, priority is given to One-Stop partners. (WIA sec.

148(d)).

Sec. 670.760 How will Job Corps coordinate with other agencies?

(a) The Secretary issues guidelines for the National Office,

Regional Offices, Job Corps centers and operational support providers

to use in developing and maintaining cooperative relationships with

other agencies and institutions, including law enforcement, educational

institutions, communities, and other employment and training programs

and agencies.

(b) The Secretary develops polices and requirements to ensure

linkages with the One-Stop delivery system to the greatest extent

practicable, as well as with other Federal, State, and local programs,

and youth programs funded under this title. These linkages enhance

services to youth who face multiple barriers to employment and must

include, where appropriate:

(1) Referrals of applicants and students;

(2) Participant assessment;

(3) Pre-employment and work maturity skills training;

(4) Work-based learning;

(5) Job search, occupational, and basic skills training; and

(6) Provision of continued services for graduates.

Subpart H--Community Connections

Sec. 670.800 How do Job Corps centers and service providers become

involved in their local communities?

(a) Job Corps representatives serve on Youth Councils operating

under applicable Local Boards wherever geographically feasible.

(b) Each Job Corps center must have a Business and Community

Liaison designated by the director of the center to establish

relationships with local and distant employers, applicable One-Stop

centers and local boards, and members of the community according to

procedures established by the Secretary. (WIA sec. 153(a).)

relations program.

(d) Each Job Corps center must establish an industry advisory

council, according to procedures established by the Secretary. The

industry advisory council must include:

(1) Distant and local employers;

(2) Representatives of labor organizations (where present) and

employees; and

(3) Job Corps students and graduates.

(e) A majority of the council members must be local and distant

business owners, chief executives or chief operating officers of

nongovernmental employers or other private sector employers, who have

substantial management, hiring or policy responsibility and who

represent businesses with employment opportunities in the local area

and the areas to which students will return.

(f) The council must work with Local Boards and must review labor

market information to provide recommendations to the Secretary

regarding the center's vocational training offerings, including

identification of emerging occupations suitable for training. (WIA

sec.154(b)(1).)

(g) Job Corps is identified as a required One-Stop partner.

Wherever practicable, Job Corps centers and operational support

contractors must establish cooperative relationships and partnerships

with One-Stop centers and other One-Stop partners, Local Boards, and

other programs for youth.

Subpart I--Administrative and Management Provisions

Sec. 670.900 Are damages caused by students eligible for reimbursement

under the Tort Claims Act?

Yes, Students are considered Federal employees for purposes of the

Tort Claims Act (28 U.S.C. 2671 et seq.). If a student is alleged to be

involved in the damage, loss, or destruction of the property of others,

or in causing personal injury to or the death of another individual(s),

the injured person(s), or their agent may file a claim with the Center

Director. The Director must investigate all of the facts, including

accident and medical reports, and interview witnesses, and submit the

claim for a decision to the Regional Solicitor's Office. All tort

claims for $25,000 or more must be sent to the Associate Solicitor for

Employee Benefits, U.S. Department of Labor, 200 Constitution Avenue,

N.W., Washington, DC 20210.

Sec. 670.905 Are damages that occur to private parties at Job Corps

Centers eligible for reimbursement under the Tort Claims Act?

(a) Whenever there is loss or damage to persons or property, which

is believed to have resulted from operation of a Job Corps center and

to be a proper charge against the Federal Government, the owner(s) of

the property, the injured person(s), or their agent may submit a claim

for the damage to the Regional Solicitor. Claims must be filed no later

than two years from the date of loss or damage. The Regional Solicitor

will determine if the claim is valid under the Tort Claims Act. If the

Regional Solicitor determines a claim is not valid under the Tort

Claims Act, the Regional Solicitor must consider the facts and may

still settle the claim, in an amount not to exceed $1,500.

(b) The Job Corps may pay students for valid claims under the Tort

Claims Act for lost, damaged, or stolen property, up to a maximum

amount set by the Secretary, when the loss is not due to the negligence

of the student. Students must file claims no later than six months from

the date of loss. Students are compensated for losses including those

that result from a natural disaster or those that occur when the

student's property is in the protective custody of the Job Corps, such

as when the student is AWOL. Claims must be filed with Job Corps

regional offices. The regional office will promptly notify the student

and the center of its determination.

Sec. 670.910 Are students entitled to Federal Employees Compensation

Benefits (FECB)?

(a) Job Corps students are considered Federal employees for

purposes of the Federal Employees Compensation Act (FECA). (WIA sec.

157(a)(3).)

(b) Job Corps students may be entitled to Federal Employees

Compensation Benefits as specified in WIA section 157.

FECA payments that apply to all other Federal employees. One of those

tests is that the injury must occur ``in the performance of duty.''

This test is described in Sec. 670.915.

Sec. 670.915 When are residential students considered to be in the

performance of duty?

Residential students will be considered to be in the ``performance

of duty'' at all times while:

(a) They are on center under the supervision and control of Job

Corps officials;

(b) They are engaged in any authorized Job Corps activity;

(d) They are engaged in any authorized offsite activity.

Sec. 670.920 When are non-resident students considered to be in the

performance of duty?

Non-resident students are considered ``in performance of duty'' as

Federal employees when they are engaged in any authorized Job Corps

activity, from the time they arrive at any scheduled center activity

until they leave the activity. The standard rules governing coverage of

Federal employees during travel to and from work apply. These rules are

described in guidance issued by the Secretary.

Sec. 670.925 When are students considered to be not in the performance

of duty?

Students are considered to be not in the performance of duty when:

(a) They are AWOL;

(b) They are at home, whether on pass or on leave

(d) They are injured or ill due to their own:

(1) Willful misconduct;

(2) Intent to cause injury or death to oneself or another; or

(3) Intoxication or illegal use of drugs.

Sec. 670.930 How are FECA benefits computed?

(a) FECA benefits for disability or death are computed using the

entrance salary for a grade GS-2 as the student's monthly pay.

(b) The provisions of 5 U.S.C. 8113 (a) and (b), relating to

compensation for work injuries apply to students. Compensation for

disability will not begin to accrue until the day following the date on

which the injured student completes his or her Job Corps separation.

related illness, or dies while in the performance of duty, the

procedures in the DOL Employment Standards Administration regulations,

at 20 CFR Chapter 1, must be followed. A thorough investigation of the

circumstances and a medical evaluation must be completed and required

forms must be timely filed by the center operator with the DOL Office

of Workers' Compensation Programs.

Sec. 670.935 How are students protected from unsafe or unhealthy

situations?

(a) The Secretary establishes procedures to ensure that students

are not required or permitted to work, be trained, reside in, or

receive services in buildings or surroundings or under conditions that

are unsanitary or hazardous. Whenever students are employed or in

training for jobs, they must be assigned only to jobs or training which

observe applicable Federal, State and local health and safety

standards.

(b) The Secretary develops procedures to ensure compliance with

applicable DOL Occupational Safety and Health Administration

regulations.

Sec. 670.940 What are the requirements for criminal law enforcement

jurisdiction on center property?

(a) All Job Corps property which would otherwise be under exclusive

Federal legislative jurisdiction is considered under concurrent

jurisdiction with the appropriate State and locality with respect to

criminal law enforcement. Concurrent jurisdiction extends to all

portions of the property, including housing and recreational

facilities, in addition to the portions of the property used for

education and training activities.

(b) Centers located on property under concurrent Federal-State

jurisdiction must establish agreements with Federal, State and local

law enforcement agencies to enforce criminal laws.

of a student's person, personal area or belongings for unauthorized

goods follow applicable right-to-privacy laws.

Sec. 670.945 Are Job Corps operators and service providers authorized

to pay State or local taxes on gross receipts?

(a) A private for-profit or a nonprofit Job Corps service provider

is not liable, directly or indirectly, to any State or subdivision for

any gross receipts taxes, business privilege taxes measured by gross

receipts, or any similar taxes in connection with any payments made to

or by such service provider for operating a center or other Job Corps

program or activity. The service provider is not liable to any State or

subdivision to collect or pay any sales, excise, use, or similar tax

imposed upon the sale to or use by such deliverer of any property,

service, or other item in connection with the operation of a center or

other Job Corps program or activity. (WIA sec. 158(d).)

(b) If a State or local authority compels a center operator or

other service provider to pay such taxes, the center operator or

service provider may pay the taxes with Federal funds, but must

document and report the State or local requirement according to

procedures issued by the Secretary.

Sec. 670.950 What are the financial management responsibilities of Job

Corps center operators and other service providers?

(a) Center operators and other service providers must manage Job

Corps funds using financial management information systems that meet

the specifications and requirements of the Secretary.

(b) These financial management systems must:

(1) Provide accurate, complete, and current disclosures of the

costs of their Job Corps activities;

(2) Ensure that expenditures of funds are necessary, reasonable,

allocable and allowable in accordance with applicable cost principles;

(3) Use account structures specified by the Secretary;

(4) Ensure the ability to comply with cost reporting requirements

and procedures issued by the Secretary; and

(5) Maintain sufficient cost data for effective planning,

monitoring, and evaluation of program activities and for determining

the allowability of reported costs.

Sec. 670.955 Are center operators and service providers subject to

Federal audits?

(a) Yes, Center operators and service providers are subject to

Federal audits.

(b) The Secretary arranges for the survey, audit, or evaluation of

each Job Corps center and service provider at least once every three

years, by Federal auditors or independent public accountants. The

Secretary may arrange for more frequent audits. (WIA sec. 159(b)(2).)

for giving full cooperation and access to books, documents, papers and

records to duly appointed Federal auditors and evaluators. (WIA sec.

159(b)(1).)

Sec. 670.960 What are the procedures for management of student

records?

The Secretary issues guidelines for a system for maintaining

records for each student during enrollment and for disposition of such

records after separation.

Sec. 670.965 What procedures apply to disclosure of information about

Job Corps students and program activities?

(a) The Secretary develops procedures to respond to requests for

information or records or other necessary disclosures pertaining to

students.

(b) DOL disclosure of Job Corps information must be handled

according to the Freedom of Information Act and according to DOL

regulations at 29 CFR part 70.

Information Act purposes. Therefore, their records are not subject

to disclosure under the Freedom of Information Act or 29 CFR part 70.

(d) The regulations at 29 CFR part 71 apply to a system of records

covered by the Privacy Act of 1974 maintained by DOL or to a similar

system maintained by a contractor, such as a screening agency, contract

center operator, or placement agency on behalf of the Job Corps.

Sec. 670.970 What are the reporting requirements for center operators

and operational support service providers?

The Secretary establishes procedures to ensure the timely and

complete reporting of necessary financial and program information to

maintain accountability. Center operators and operational support

service providers are responsible for the accuracy and integrity of all

reports and data they provide.

Sec. 670.975 How is the performance of the Job Corps program assessed?

The performance of the Job Corps program as a whole, and the

performance of individual program components, is assessed on an ongoing

basis, in accordance with the regulations in this part and procedures

and standards, including a national performance measurement system,

issued by the Secretary. Annual performance assessments are done for

each center operator and other service providers, including screening

and admissions and placement agencies.

Sec. 670.980 What are the indicators of performance for Job Corps?

(a) At a minimum, the performance assessment system established

under Sec. 670.975 will include expected levels of performance

established for each of the indicators of performance contained in WIA

section 159(c). These are:

(1) The number of graduates and rate of graduation, analyzed by the

type of vocational training received and the training provider;

(2) The job placement rate of graduates into unsubsidized

employment, analyzed by the vocational training received, whether or

not the job placement is related to the training received, the

vocational training provider, and whether the placement is made by a

local or national service provider;

(3) The average placement wage of graduates in training-related and

non-training related unsubsidized jobs;

(4) The average wage of graduates on the first day of employment

and at 6 and 12 months following placement, analyzed by the type of

vocational training received;

(5) The number of and retention rate of graduates in unsubsidized

employment after 6 and 12 months;

(6) The number of graduates who entered unsubsidized employment for

32 hours per week or more, for 20 to 32 hours per week, and for less

than 20 hours per week.

(7) The number of graduates placed in higher education or advanced

training; and

(8) The number of graduates who attained job readiness and

employment skills.

(b) The Secretary issues the expected levels of performance for

each indicator. To the extent practicable, the levels of performance

will be continuous and consistent from year to year.

Sec. 670.985 What happens if a center operator, screening and

admissions contractor or other service provider fails to meet the

expected levels of performance?

(a) The Secretary takes appropriate action to address performance

issues through a specific performance plan.

(b) The plan may include the following actions:

(1) Providing technical assistance to a Job Corps center operator

or support service provider, including a screening and admissions

contractor;

(2) Changing the management staff of a center;

(3) Changing the vocational training offered at a center;

(4) Contracting out or recompeting the contract for a center or

operational support service provider;

(5) Reducing the capacity of a Job Corps center;

(6) Relocating a Job Corps center; or

(7) Closing a Job Corps center. (WIA sec. 159 (f).)

Sec. 670.990 What procedures are available to resolve complaints and

disputes?

(a) Each Job Corps center operator and service provider must

establish and maintain a grievance procedure for filing complaints and

resolving disputes from applicants, students and/or other interested

parties about its programs and activities. A hearing on each complaint

or dispute must be conducted within 30 days of the filing of the

complaint or dispute. A decision on the complaint must be made by the

center operator or service provider, as appropriate, within 60 days

after the filing of the complaint, and a copy of the decision must be

immediately served, by first-class mail, on the complainant and any

other party to the complaint. Except for complaints under Sec. 670.470

or complaints alleging fraud or other criminal activity, complaints may

be filed within one year of the occurrence that led to the complaint.

(b) The procedure established under paragraph (a) of this section

must include procedures to process complaints alleging violations of

WIA section 188, consistent with DOL nondiscrimination regulations

implementing WIA section 188 at 29 CFR part 37 and Sec. 670.995.

Sec. 670.991 How does Job Corps ensure that complaints or disputes are

resolved in a timely fashion?

(a) If a complaint is not resolved by the center operator or

service provider in the time frames described in Sec. 670.990, the

person making the complaint may request that the Regional Director

determine whether reasonable cause exists to believe that the Act or

regulations for this part of the Act have been violated. The request

must be filed with the Regional Director within 60 days from the date

that the center operator or service provider should have issued the

decision.

(b) Following the receipt of a request for review under paragraph

(a) of this section, the Regional Director must determine within 60

days whether there has been a violation of the Act or the WIA

regulations. If the Regional Director determines that there has been a

violation of the Act or Regulations, (s)he may direct the operator or

service provider to remedy the violation or direct the service provider

to issue a decision to resolve the dispute according to the service

provider's grievance procedures. If the service provider does not

comply with the Regional Director's decision within 30 days, the

Regional Director may impose a sanction on the center operator or

service provider for violating the Act or regulations, and/or for

failing to issue a decision. Decisions imposing sanctions upon a center

operator or service provider may be appealed to the DOL Office of

Administrative Law Judges under 20 CFR 667.800 or 667.840.

Sec. 670.992 How does Job Corps ensure that centers or other service

providers comply with the Act and the WIA regulations?

(a) If DOL receives a complaint or has reason to believe that a

center or other service provider is failing to comply with the

requirements of the Act or regulations, the Regional Director must

investigate the allegation and determine within 90 days after receiving

the complaint or otherwise learning of the alleged violation, whether

such allegation or complaint is true.

(b) As a result of such a determination, the Regional Director may:

(1) Direct the center operator or service provider to handle a

complaint through the grievance procedures established under

Sec. 670.990; or

(2) Investigate and determine whether the center operator or

service provider is in compliance with the Act and regulations. If the

Regional Director determines that the center or service provider is not

in compliance with the Act or regulations, the Regional Director may

take action to resolve the complaint under Sec. 670.991(b), or will

report the incident to the DOL Office of the Inspector General, as

described in 20 CFR 667.630.

Sec. 670.993 How does Job Corps ensure that contract disputes will be

resolved?

A dispute between DOL and a Job Corps contractor will be handled

according to the Contract Disputes Act and applicable regulations.

Sec. 670.994 How does Job Corps resolve disputes between DOL and other

Federal Agencies?

Disputes between DOL and a Federal Agency operating a center will

be handled according to the interagency agreement with the agency which

is operating the center.

Sec. 670.995 What DOL equal opportunity and nondiscrimination

regulations apply to Job Corps?

Nondiscrimination requirements, procedures, complaint processing,

and compliance reviews are governed by, as applicable, provisions of

the following Department of Labor regulations:

(a) Regulations implementing WIA section 188 for programs receiving

Federal financial assistance under WIA found at 29 CFR part 37.

(b) 29 CFR part 33 for programs conducted by the Department of

Labor; and

contract.