29 U.S.C. § 3208 — Special provisions

Page 904 TITLE 29—LABOR § 3208 (3) Provisions relating to compensation to Fed- eral employees for work injuries For purposes of subchapter I of chapter 81 of title 5 (relating to compensation to Federal employees for work injuries), enrollees shall be deemed to be civil employees of the Govern- ment of the United States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5, and the provisions of such sub- chapter shall apply as specified in section 8143(a) of title 5. (4) Federal tort claims provisions For purposes of the Federal tort claims pro- visions in title 28, enrollees shall be considered to be employees of the Government. (b) Adjustments and settlements Whenever the Secretary finds a claim for dam- ages to a person or property resulting from the operation of the Job Corps to be a proper charge against the United States, and the claim is not cognizable under section 2672 of title 28, the Sec- retary may adjust and settle the claim in an amount not exceeding $1,500. (c) Personnel of the uniformed services Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade in such services. (Pub. L. 113–128, title I, § 157, July 22, 2014, 128 Stat. 1552.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3208. Special provisions (a) Enrollment The Secretary shall ensure that women and men have an equal opportunity to participate in the Job Corps program, consistent with section 3195 of this title. (b) Studies, evaluations, proposals, and data The Secretary shall assure that all studies, evaluations, proposals, and data produced or de- veloped with Federal funds in the course of car- rying out the Job Corps program shall become the property of the United States. (c) Transfer of property (1) In general Notwithstanding chapter 5 of title 40, and any other provision of law, the Secretary and the Secretary of Education shall receive pri- ority by the Secretary of Defense for the di- rect transfer, on a nonreimbursable basis, of the property described in paragraph (2) for use in carrying out programs under this Act or under any other Act. (2) Property The property described in this paragraph is real and personal property under the control of the Department of Defense that is not used by such Department, including property that the Secretary of Defense determines is in ex- cess of current and projected requirements of such Department. (d) Gross receipts Transactions conducted by a private for-profit or nonprofit entity that is an operator or service provider for a Job Corps center shall not be con- sidered to be generating gross receipts. Such an operator or service provider shall not be liable, directly or indirectly, to any State or subdivi- sion of a State (nor to any person acting on be- half of such a State or subdivision) for any gross receipts taxes, business privilege taxes measured by gross receipts, or any similar taxes imposed on, or measured by, gross receipts in connection with any payments made to or by such entity for operating or providing services to a Job Corps center. Such an operator or service pro- vider shall not be liable to any State or subdivi- sion of a State to collect or pay any sales, ex- cise, use, or similar tax imposed on the sale to or use by such operator or service provider of any property, service, or other item in connec- tion with the operation of or provision of serv- ices to a Job Corps center. (e) Management fee The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary) service provider with an equitable and negotiated management fee of not less than 1 percent of the amount of the funding provided under the appropriate agreement specified in section 3197 of this title. (f) Donations The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash or other assistance, including equipment and materials, if such donations are available for appropriate use for the purposes set forth in this part. (g) Sale of property Notwithstanding any other provision of law, if the Administrator of General Services sells a Job Corps center facility, the Administrator shall transfer the proceeds from the sale to the Secretary, who shall use the proceeds to carry out the Job Corps program. (Pub. L. 113–128, title I, § 158, July 22, 2014, 128 Stat. 1553.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this Page 905 TITLE 29—LABOR § 3209 title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3209. Management information (a) Financial management information system (1) In general The Secretary shall establish procedures to ensure that each operator, and each service provider, maintains a financial management information system that will provide— (A) accurate, complete, and current disclo- sures of the costs of Job Corps operations; and (B) sufficient data for the effective evalua- tion of activities carried out through the Job Corps program. (2) Accounts Each operator and service provider shall maintain funds received under this part in ac- counts in a manner that ensures timely and accurate reporting as required by the Sec- retary. (3) Fiscal responsibility Operators shall remain fiscally responsible and control costs, regardless of whether the funds made available for Job Corps centers are incrementally increased or decreased between fiscal years. (b) Audit (1) Access The Secretary, the Inspector General of the Department of Labor, the Comptroller General of the United States, and any of their duly au- thorized representatives, shall have access to any books, documents, papers, and records of the operators and service providers described in subsection (a) that are pertinent to the Job Corps program, for purposes of conducting sur- veys, audits, and evaluations of the operators and service providers. (2) Surveys, audits, and evaluations The Secretary shall survey, audit, or evalu- ate, or arrange for the survey, audit, or eval- uation of, the operators and service providers, using Federal auditors or independent public accountants. The Secretary shall conduct such surveys, audits, or evaluations not less often than once every 3 years. (c) Information on indicators of performance (1) Levels of performance and indicators The Secretary shall annually establish ex- pected levels of performance for a Job Corps center and the Job Corps program relating to each of the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title. (2) Performance of recruiters The Secretary shall also establish perform- ance indicators, and expected levels of per- formance on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to— (A) the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment; and (B) the measurements described in sub- paragraphs (I), (L), and (M) of subsection (d)(1). (3) Performance of career transition service providers The Secretary shall also establish perform- ance indicators, and expected performance lev- els on the performance indicators, for career transition service providers serving the Job Corps program. The performance indicators shall relate to— (A) the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title; and (B) the measurements described in sub- paragraphs (D), (E), (H), (J), and (K) of sub- section (d)(1). (4) Report The Secretary shall collect, and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report in- cluding— (A) information on the performance of each Job Corps center, and the Job Corps program, based on the performance indica- tors described in paragraph (1), as compared to the expected level of performance estab- lished under such paragraph for each per- formance indicator; and (B) information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators estab- lished under such paragraphs, as compared to the expected level of performance estab- lished for each performance indicator. (d) Additional information (1) In general The Secretary shall also collect, and submit in the report described in subsection (c)(4), in- formation on the performance of each Job Corps center, and the Job Corps program, re- garding— (A) the number of enrollees served; (B) demographic information on the en- rollees served, including age, race, gender, and education and income level; (C) the number of graduates of a Job Corps center; (D) the number of graduates who entered the Armed Forces; (E) the number of graduates who entered apprenticeship programs; (F) the number of graduates who received a regular secondary school diploma;