§ 1705 TITLE 29—LABOR Page 680

1So in original. Probably should be ‘‘section’’.

§ 1705. Participation of the States

(a) Consultation with State agencies on State law

enforcement, discipline, development of

meaningful work experience, and coordination with State programs

The Secretary shall take action to facilitate

the effective participation of States in the Job

Corps programs, including consultation with appropriate State agencies on matters pertaining

to the enforcement of applicable State laws,

standards of enrollee conduct and discipline, development of meaningful work experience and

other activities for enrollees, and coordination

with State-operated programs.

(b) Authorization to participate in and subsidize

related State programs

The Secretary is authorized to enter into

agreements with States to assist in the operation or administration of State-operated programs which carry out the purpose of this part.

The Secretary is authorized, pursuant to regulations, to pay part or all of the costs of such programs to the extent such costs are attributable

to carrying out the purpose of this part.

(c) Notice to Governor of Job Corps center establishment; thirty days to disapprove

No Job Corps center or other similar facility

designed to carry out the purpose of this part

shall be established within a State unless a notice setting forth such proposed establishment

has been submitted to the Governor, and the establishment has not been disapproved by the

Governor within thirty days of such submission.

(d) Concurrent criminal jurisdiction for Job

Corps centers

All property which would otherwise be under

exclusive Federal legislative jurisdiction shall

be under concurrent jurisdiction with the appropriate State and locality with respect to criminal law enforcement as long as a Job Corps center is operated on such property.

(Pub. L. 97–300, title IV, §435, Oct. 13, 1982, 96

Stat. 1378.)

§ 1706. Application of provisions of Federal law

(a) Enrollees not deemed Federal employees; exceptions: Federal tax provisions; survivor

and disability benefits; work injuries and

terms of compensation; tort claims

Except as otherwise provided in this subsection and in section 8143(a) of title 5, enrollees

in the Job Corps shall not be considered Federal

employees and shall not be subject to the provisions of law relating to Federal employment, including those regarding hours of work, rates of

compensation, leave, unemployment compensation, and Federal employee benefits:

(1) For purposes of the Internal Revenue

Code of 1986 (26 U.S.C. 1 et seq.) and title II of

the Social Security Act (42 U.S.C. 401 et seq.)

enrollees shall be deemed 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.

(2) For purposes of subchapter I of chapter 81

of title 5 (relating to compensation to Federal

employees for work injuries), enrollees shall

be deemed civil employees of the United

States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5 and

the provisions of that subchapter shall apply

except—

(A) the term ‘‘performance of duty’’ shall

not include any act of an enrollee while absent from the assigned post of duty of such

enrollee, except while participating in an activity (including an activity while on pass or

during travel to or from such post or duty)

authorized by or under the direction and supervision of the Job Corps;

(B) in computing compensation benefits

for disability or death, the monthly pay of

an enrollee shall be deemed that received

under the entrance salary for a grade GS–2

employee, and sections 1 8113(a) and (b) of

title 5 shall apply to enrollees; and

(C) compensation for disability shall not

begin to accrue until the day following the

date on which the injured enrollee is terminated.

(3) For purposes of the Federal tort claims

provisions in title 28, enrollees shall be considered employees of the Government.

(b) Adjustment and settlement of claims

Whenever the Secretary finds a claim for damages to persons or property resulting from the

operation of the Job Corps to be a proper charge

against the United States, and it is not cognizable under section 2672 of title 28, the Secretary is authorized to adjust and settle it in an

amount not exceeding $1,500.

(c) Status of uniformed services personnel

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 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. 97–300, title IV, §436, Oct. 13, 1982, 96

Stat. 1378; Pub. L. 102–367, title VII, §702(a)(15),

Sept. 7, 1992, 106 Stat. 1112.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(1),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Title II of the Social Security 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.

The Federal tort claim provisions in title 28, referred

to in subsec. (a)(3), are the provisions of the Federal

Tort Claims Act, which is classified generally to section 1346(b) and to chapter 171 (§2671 et seq.) of Title 28,

Judiciary and Judicial Procedure.

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–367 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue

Code of 1954’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effec-