§3207 — Title 29 Labor | U.S. Code

Summary

Enrollees in the Job Corps are usually not treated as federal employees and do not get federal employment rules like hours, pay rates, leave, unemployment pay, or federal employee benefits, except as this law or 5 U.S.C. 8143(a) say otherwise. For federal taxes (Title 26) and Social Security (Title II, 42 U.S.C. 401 et seq.), their service is treated as U.S. employment. For federal workers’ compensation (subchapter I of chapter 81 of Title 5) they count as government employees as specified in 5 U.S.C. 8143(a). For federal tort claims (Title 28) they are also treated as employees. If the Secretary finds a valid damage claim from Job Corps operations that cannot be handled under 28 U.S.C. 2672, the Secretary may settle it for up to $1,500. Military personnel assigned to support the Job Corps are not counted against service strength limits or authorized grade percentage caps.

Title 29, §3207

Labor — Source: USLM XML via OLRC

(a)(1)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)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)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)For purposes of the Federal tort claims provisions in title 28, enrollees shall be considered to be employees of the Government.

(b)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 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