The Department of Labor (“DOL”) administers the JobCorps program at approximately 124 residential and non-residential centers across the United States.
29 U.S.C.§ 2887(a), (b) (2006). These centers include twenty-eight JobCorps Civilian Conservation Centers operated by the ForestService, a unit within the Department of Agriculture (“USDA”).
§ 2887(c)(1); 36 C.F.R. § 200.1(a) (2012); 7 C.F.R. pt.15, subpt. A, app. (2012). As described by Larry J. Dawson, theNational Director of the Forest Service Job Corps program,these Centers offer, in addition to education, vocational trainingand counseling, “programs of work-based learning to conserve,develop, and manage public natural resources and publicrecreational areas or to develop community projects in thepublic interest,” Decl. Larry J. Dawson ¶ 3, Nov. 5, 2010, andare located generally in “remote, rural areas,”
29U.S.C. § 2887(c)(1).All twenty-eight Forest Service Job Corps Centers areresidential. Students, ages sixteen to twenty-four, live and work at the Centers except during winter and summer breaks,although some vocational training and other activities occur off site; they are prohibited from keeping personal vehicles on site.When they first enroll, students are advised of the Job CorpsZero Tolerance Policy, 29 U.S.C. § 2892(b)(2)(C)(ii) (enactedin 1998), and if they fail an initial drug test, they are placed ina special training program and must take another drug testwithin forty-five days; a second positive test for drug use resultsin the student’s expulsion from the Job Corps. Students remainsubject to suspicion-based drug testing while in the program.Any Center employee can report suspicion of student drug use,and residential staff periodically search for illegal drugs andalcohol in student residential areas and in students’ luggage