§ 2898. — Special provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2898]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER III--JOB CORPS
Sec. 2898. Special provisions
(a) Enrollment
The Secretary shall ensure that women and men have an equal
opportunity to participate in the Job Corps program, consistent with
section 2885 of this title.
(b) Studies, evaluations, proposals, and data
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.
(c) Transfer of property
(1) In general
Notwithstanding title II of the Federal Property and
Administrative Services Act of 1949 \1\ 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.
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\1\ See References in Text note below.
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(2) Property
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.
(d) Gross receipts
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.
(e) Management fee
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 2887 of this title.
(f) Donations
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 subchapter.
(g) Sale of property
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.
(Pub. L. 105-220, title I, Sec. 158, Aug. 7, 1998, 112 Stat. 1016.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Title II of the Act, which was classified principally
to subchapter II (Secs. 481, 483, 484, 485, 486, 487 to 490, 491, 492)
of chapter 10 and section 758 of former Title 40, Public Buildings,
Property, and Works, was repealed by Pub. L. 107-217, Sec. 6(b), Aug.
21, 2002, 116 Stat. 1304, the first section of which enacted Title 40,
Public Buildings, Property, and Works. For disposition of sections of
former Title 40 to revised Title 40, see Table preceding section 101 of
Title 40. For complete classification of this Act to the Code, see
Tables.
Prior Provisions
Provisions similar to this section were contained in sections 1707
and 1709 of this title prior to repeal by Pub. L. 105-220.
