Page:United States Statutes at Large Volume 87.djvu/904

 872 state-operated programs, assistance.

J o b Corps Center plan, submittal to Governor.

PUBLIC LAW 93-203-DEC. 28, 1973

[87

STAT.

(b) The Secretary may 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 may, pursuant to regulations, pay part or all of the operative or administrative costs of such programs. (c) Xo Job Corps center or other similar facility designed to carry out the purpose of this Act shall be established within a State unless a plan setting j:'orth such proposed establishment has been submitted to the Governor, and such plan has not been disapproved by him within 30 days of such submission. A P r L I C A T I O X OF TROVISIOXS OF FEDERAL L A W

82 Stat. 1313.

68A Stat. 3. 70 Stat. 819.

"Employee.' 80 Stat. 532. 5 USC 8101.

"Performance of duty."

Disability or death compensation. 5 USC 5332 note. 80 Stat. 540.

62 Stat. 982. 28 USC 2671.

80 Stat. 306. Detailed personnel.

SEC. 416. (a) Except as otherwise specifically provided in the following paragraphs of this subsection, and in section 8143(a) of title 5, United States Code, enrollees in the Job Corps shall not be considered Federal employees and shall not be subject to the provisions of law I'clating 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 1954 (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 of the United States Code (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, United States Code, and the provisions of that subchapter shall apply except as follows: (A) The term "performance of duty" shall not include any act of an enrollee while absent from his or her assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from such post of 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 8113 (a) and (b) of title 5, United States Code, 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, Ignited States Code, eni-ollees shall be considered employees of the Government. (b) Whenever the Secretary finds a claim for damage 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, United States Code, he may adjust and settle it in an amount not exceeding $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 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 therein.

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