29 U.S.C. § 3207: Application of provisions of…

Summary

Treats Job Corps enrollees mostly as not federal employees for regular employment rules. That means rules about hours, pay, leave, unemployment, and federal employee benefits do not apply to them, unless another rule or 5 U.S.C. 8143(a) says otherwise. For tax purposes (Title 26) and Social Security (Title II), their service counts as work for the United States. For work-injury compensation under 5 U.S.C. chapter 81, enrollees are treated as federal civil employees as described in 5 U.S.C. 8143(a). For federal tort claims (Title 28), they are also treated as government employees. If the Secretary decides a Job Corps operation caused a damage claim that should be paid by the United States and it is not covered by 28 U.S.C. 2672, the Secretary may settle the claim for up to $1,500. Military members assigned to support the Job Corps do not count toward limits on service size or percentage limits for any rank.

Title 29, §3207

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(a)Enrollees not considered to be Federal employees

(1)In general

Except as otherwise provided in this subsection and in section 8143(a) of title 5, enrollees shall not be considered to be Federal employees and shall not be subject to the provisions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(2)Provisions relating to taxes and social security benefits

For purposes of title 26 and title II of the Social Security Act (42 U.S.C. 401 et seq.), enrollees 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.

(3)Provisions relating to compensation to Federal 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 Government of the United States within the meaning of the term “employee” as defined in section 8101 of title 5, and the provisions of such subchapter shall apply as specified in section 8143(a) of title 5.

(4)Federal tort claims provisions

For purposes of the Federal tort claims provisions in title 28, enrollees shall be considered to be employees of the Government.

(b)Adjustments and settlements

Whenever the Secretary finds a claim for damages 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 Secretary 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.

Notes & Related Subsidiaries

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 program 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