29 U.S.C. § 3208 — Special provisions
submitted 12 years ago by Pub. L. 113-128 to r/title-29-LABOR · 498 words · no verdicts yet
This section governs special provisions. It sets the duties, permissions, limits, procedures, reports, or funding rules stated in the section.
(a) The Secretary must ensure women and men have equal opportunities to participate in Job Corps*, consistent with section 3195. (b) All studies, evaluations, proposals, and data made with Federal money while carrying out Job Corps become United States property. (c) (1) Despite title 40, chapter 5, and other law, the Secretary and Education Secretary receive priority from the Defense Secretary for direct, nonreimbursable transfers of the property in paragraph (2) for programs under this Act or another Act. (2) This property is unused Defense Department real or personal property, including property the Defense Secretary finds exceeds current and projected needs. (d) A private for-profit or nonprofit Job Corps operator* or service provider* is not treated as generating gross receipts. It is not directly or indirectly liable to a State, State subdivision, or its representative for gross-receipts, gross-receipts-based business-privilege, or similar taxes connected with payments for operating or serving a center. It also need not collect or pay a State or subdivision's sales, excise, use, or similar tax on property, services, or other items sold to or used by it for center operations or services. (e) The Secretary must give each operator, and when appropriate each service provider, a fair negotiated management fee of at least 1 percent of funding under the applicable section 3197 agreement. (f) The Secretary may accept charitable cash or other assistance, including equipment and materials, for Job Corps or a center when appropriately usable for this part's purposes. (g) If the General Services Administrator sells a center facility, the Administrator must give the sale proceeds to the Secretary, who must use them for Job Corps.
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.
The Secretary shall assure that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of carrying out the Job Corps program shall become the property of the United States.
Notwithstanding chapter 5 of title 40, and any other provision of law, the Secretary and the Secretary of Education shall receive priority by the Secretary of Defense for the direct 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.
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 excess of current and projected requirements of such Department.
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 considered to be generating gross receipts. Such an operator or service provider shall not be liable, directly or indirectly, to any State or subdivision of a State (nor to any person acting on behalf 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 provider shall not be liable to any State or subdivision of a State to collect or pay any sales, excise, 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 connection with the operation of or provision of services to a Job Corps center.
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.
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.
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.
Source credit: (Pub. L. 113–128, title I, § 158, July 22, 2014, 128 Stat. 1553.)
- 2014Enacted · Pub. L. 113-128 · 128 Stat. 1553
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-128 on 2014-07-22.
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