29 U.S.C. § 3207 — Application of provisions of Federal law

Page 903 TITLE 29—LABOR § 3207 (2) to review all the relevant labor market information, including related information in the State plan or the local plan, to— (A) recommend the in-demand industry sectors or occupations in the area in which the Job Corps center operates; (B) determine the employment opportuni- ties in the local areas in which the enrollees intend to seek employment after graduation; (C) determine the skills and education that are necessary to obtain the employ- ment opportunities; and (D) recommend to the Secretary the type of career and technical education and train- ing that should be implemented at the cen- ter to enable the enrollees to obtain the em- ployment opportunities; and (3) to meet at least once every 6 months to reevaluate the labor market information, and other relevant information, to determine, and recommend to the Secretary, any necessary changes in the career and technical education and training provided at the center. (d) New centers The workforce council for a Job Corps center that is not yet operating shall carry out the re- sponsibilities described in subsection (c) at least 3 months prior to the date on which the center accepts the first enrollee at the center. (Pub. L. 113–128, title I, § 154, July 22, 2014, 128 Stat. 1551.) 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. § 3205. Advisory committees The Secretary may establish and use advisory committees in connection with the operation of the Job Corps program, and the operation of Job Corps centers, whenever the Secretary deter- mines that the availability of outside advice and counsel on a regular basis would be of substan- tial benefit in identifying and overcoming prob- lems, in planning program or center develop- ment, or in strengthening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities. (Pub. L. 113–128, title I, § 155, July 22, 2014, 128 Stat. 1552.) 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. § 3206. Experimental projects and technical as- sistance (a) Projects The Secretary may carry out experimental, research, or demonstration projects relating to carrying out the Job Corps program. The Sec- retary may waive any provisions of this part that the Secretary finds would prevent the Sec- retary from carrying out the projects if the Sec- retary informs the Committee on Education and the Workforce 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. (b) Technical assistance From the funds provided under section 3212 of this title (for the purposes of administration), the Secretary may reserve 1⁄4 of 1 percent to pro- vide, directly or through grants, contracts, or other agreements or arrangements as the Sec- retary considers appropriate, technical assist- ance for the Job Corps program for the purpose of improving program quality. Such assistance shall include— (1) assisting Job Corps centers and pro- grams— (A) in correcting deficiencies under, and violations of, this part; (B) in meeting or exceeding the expected levels of performance under section 3209(c)(1) of this title for the indicators of perform- ance described in section 3141(b)(2)(A) of this title; (C) in the development of sound manage- ment practices, including financial manage- ment procedures; and (2) assisting entities, including entities not currently operating a Job Corps center, in de- veloping the additional selection factors infor- mation described in section 3197(a)(3) of this title. (Pub. L. 113–128, title I, § 156, July 22, 2014, 128 Stat. 1552.) 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. § 3207. Application of provisions of Federal law (a) Enrollees not considered to be Federal em- ployees (1) In general Except as otherwise provided in this sub- section and in section 8143(a) of title 5, enroll- ees shall not be considered to be Federal em- ployees and shall not be subject to the provi- sions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemploy- ment compensation, and Federal employee benefits. (2) Provisions relating to taxes and social secu- rity benefits For purposes of title 26 and title II of the So- cial Security Act (42 U.S.C. 401 et seq.), enroll- ees shall be deemed to be employees of the United States and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the United States. 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