Printing - FECA-PT2 - National Association of Letter Carriers

2-0802-22 Participants in Community Work Experience Programs (CWEP)
22. Participants in Community Work Experience Programs (CWEP). On July 18, 1984, the Congress
passed Pub. Law 98-369, which determined that participants in community work experience programs at
Federal agencies are not to be considered Federal employees. Further, it held that:
The State agency shall provide appropriate workers' compensation and tort claims protection to
each participant performing work for a Federal office or agency...on the same basis as such
compensation and protection are provided to other participants...in the State.
While CWEP participants hosted by Federal agencies would qualify as Federal employees for the
purpose of the FECA, as long as a Federal supervisor controlled the work activities, the intent of
Congress in passing the above-cited legislation is clear. Therefore, it has been determined that for
the purpose of the FECA, a participant working at a Federal installation under the supervision of a
Federal employee prior to July 18, 1984 is entitled to coverage under the Act.
a. Where an injury is sustained before July 18, 1984, the CE should determine if it occurred
while the participant was hosted at a Federal facility and whether the work activities were
controlled by a Federal employee. If so, the participant is to be considered covered under the
FECA.
b. Where an injury is sustained on July 18, 1984 or later, the case should be denied on the
basis that the claimant is not considered an employee of the Federal government for purposes of
the FECA.
2-0802-23 The Job Training Partnership Act (JTPA)
23. The Job Training Partnership Act (JTPA). The JPTA superseded the Comprehensive Employment
and Training Act (CETA), and training programs covered under the JTPA have superseded CETA training
programs, which have been discontinued. (The JTPA continues to fund the Job Corps, whose enrollees are
covered under 5 U.S.C. 8143.)
Some Federal agencies host participants in JTPA training programs (participants are sponsored by State
agencies, local organizations which have contracted to operate programs, etc.) Similar to CETA enrollees,
program participants hosted at a Federal installation who are under the technical direction and supervision
of a Federal employee are employees for compensation purposes under 5 U.S.C.8101(1).
a. Where a participant in a JTPA training program is hosted at a Federal installation, the
participant will be considered to be an employee for the purposes of the FECA, where the work
performed is under the technical direction and supervision of a Federal employee.
b. The hosted participants who meet the criteria in subparagraph 23a above are considered to
be civil employees under the provisions of 5 U.S.C. 8101(1)(B) and are not entitled to continuation
of pay (COP) under 5 U.S.C. 8118. They are not direct employees of the Government.
FECA-PT2 Printed: 06/08/2010 158