[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7392 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7392

     To reauthorize the Job Corps program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2022

Ms. Wilson of Florida introduced the following bill; which was referred 
                to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To reauthorize the Job Corps program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Job Corps Act of 
2022''.

SEC. 2. AMENDMENTS RELATING TO JOB CORPS.

    (a) Definitions.--
            (1) In general.--Section 142 (29 U.S.C. 3192) is amended--
                    (A) 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.''; and
                    (B) 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).''.
            (2) Conforming amendments.--Subtitle C of title I (29 
        U.S.C. 3191 et seq.) is amended--
                    (A) by striking ``Job Corps center'' each place 
                such term appears and inserting ``Job Corps campus''; 
                and
                    (B) by striking ``Job Corps centers'' each place 
                such term appears and inserting ``Job Corps campuses''.
    (b) Individuals Eligible for the Job Corps.--Section 144 (29 U.S.C. 
3194) is amended--
            (1) in subsection (a)--
                    (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'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph (2) 
                and by amending such paragraph--
                            (i) in subparagraph (A), by striking 
                        ``Basic skills deficient'' and inserting ``An 
                        individual with foundational skill needs'';
                            (ii) in subparagraph (B), by striking ``A 
                        school dropout'' and inserting ``An opportunity 
                        youth'';
                            (iii) in subparagraph (D), by inserting 
                        ``or an individual who is pregnant'' before the 
                        period;
                            (iv) 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.''; and
            (2) 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).''.
    (c) Recruitment, Screening, Selection, and Assignment of 
Enrollees.--Section 145(a) (29 U.S.C. 3195(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) 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.''; and
            (2) in paragraph (5), by striking the last sentence.
    (d) Job Corps Campuses.--Section 147 (29 U.S.C. 3197) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting at 
                        the end the following: ``Such award shall be 
                        based upon best value and fair and reasonable 
                        pricing.''; and
                            (ii) 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-protege program.--The 
                                Secretary shall carry out a mentor-
                                protege 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).''; 
                                and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by inserting 
                        ``high-skill, high-wage, or'' before ``in-
                        demand'';
                            (ii) in subparagraph (C), by striking 
                        ``Workforce Investment Act of 1998'' and 
                        inserting ``Workforce Innovation and 
                        Opportunity Act'';
                            (iii) by redesignating subparagraph (K) as 
                        subparagraph (L); and
                            (iv) 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.'';
            (2) 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.'';
            (3) 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.'';
            (4) in subsection (f), by striking ``2-year'' and inserting 
        ``4-year''; and
            (5) 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.''.
    (e) Program Activities.--Section 148(a) (29 U.S.C. 3198(a)) is 
amended, in the subsection heading, by inserting ``Academic'' before 
``Activities''.
    (f) Support.--Section 150 (29 U.S.C. 3200) is amended--
            (1) in subsection (c), by striking ``3 months'' and 
        inserting ``12 months''; and
            (2) 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.''.
    (g) Operations.--Section 151 (29 U.S.C. 3201) is amended to read as 
follows:

``SEC. 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.''.
    (h) Standards of Conduct.--Section 152 (29 U.S.C. 3202) is 
amended--
            (1) in subsection (a), by striking the second sentence;
            (2) 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).''.
    (i) 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.''.
    (j) Application of Provisions of Federal Law.--
            (1) 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.''.
            (2) Effective date.--
                    (A) 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).
                    (B) 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.
    (k) Staffing.--
            (1) 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.
            (2) 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.
            (3) 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.
    (l) Special Provisions.--Section 158(f) (29 U.S.C. 3208(f)) is 
amended--
            (1) by striking ``Secretary'' and inserting ``directors of 
        Job Corps campuses'';
            (2) by striking ``the Job Corps or individual'' and 
        inserting ``such''; and
            (3) 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.''
    (m) Management Information.--Section 159 (29 U.S.C. 3209) is 
amended--
            (1) 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).'';
            (2) in subsection (c)--
                    (A) 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.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end; and
                            (ii) 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).''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) 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.'';
            (3) in subsection (d)(1)--
                    (A) by striking subparagraph (I); and
                    (B) by redesignating subparagraphs (J) through (O) 
                as subparagraphs (I) through (N), respectively;
            (4) in subsection (f)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (E), by adding ``or'' 
                        at the end;
                            (ii) in subparagraph (F), by striking ``; 
                        or'' and inserting a period; and
                            (iii) by striking subparagraph (G); and
                    (B) 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.''; and
            (5) in subsection (g)(2)--
                    (A) by striking ``has entered'' and inserting 
                ``enters''; and
                    (B) by striking ``comply'' and inserting ``attest 
                to compliance''.
    (n) 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''.
    (o) Authorization of Appropriations.--Section 162 (29 U.S.C. 3212) 
is amended to read as follows:

``SEC. 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.''.
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