dreamproit/uscode huggingface dataset:
29 U.S.C. § 2892 (LABOR)
§ 2892. Standards of conduct
(a) Provision and enforcement
The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A) of this section.
(b) Disciplinary measures
(1) In general
To promote the proper moral and disciplinary conditions in the Job Corps, the directors of Job Corps centers shall take appropriate disciplinary measures against enrollees. If such a director determines that an enrollee has committed a violation of the standards of conduct, the director shall dismiss the enrollee from the Job Corps if the director determines that the retention of the enrollee in the Job Corps will jeopardize the enforcement of such standards or diminish the opportunities of other enrollees.
(2) Zero tolerance policy and drug testing
(A) Guidelines
The Secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity.
(B) Drug testing
The Secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under section 2885(a) of this title.
(C) Definitions
In this paragraph:
(i) Controlled substance
The term “controlled substance” has the meaning given the term in section 802 of title 21.
(ii) Zero tolerance policy
The term “zero tolerance policy” means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A).
(c) Appeal
A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary.
(Pub. L. 105–220, title I, § 152, Aug. 7, 1998, 112 Stat. 1013.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1700 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2893 (LABOR)
§ 2893. Community participation
(a) Business and Community Liaison
Each Job Corps center shall have a Business and Community Liaison (referred to in this Act as a “Liaison”), designated by the director of the center.
(b) Responsibilities
The responsibilities of the Liaison shall include—
(1) establishing and developing relationships and networks with—
(A) local and distant employers; and
(B) applicable one-stop centers and applicable local boards,
for the purpose of providing job opportunities for Job Corps graduates; and
(2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center.
(c) New centers
The Liaison for a Job Corps center that is not yet operating shall establish and develop the relationships and networks described in subsection (b) of this section at least 3 months prior to the date on which the center accepts the first enrollee at the center.
(Pub. L. 105–220, title I, § 153, Aug. 7, 1998, 112 Stat. 1014.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended, known as the Workforce Investment Act of 1998. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.
29 U.S.C. § 2894 (LABOR)
§ 2894. Industry councils
(a) In general
Each Job Corps center shall have an industry council, appointed by the director of the center after consultation with the Liaison, in accordance with procedures established by the Secretary.
(b) Industry council composition
(1) In general
An industry council shall be comprised of—
(A) a majority of members who shall be local and distant owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector employers, who—
(i) have substantial management, hiring, or policy responsibility; and
(ii) represent businesses with employment opportunities that reflect the employment opportunities of the applicable local area;
(B) representatives of labor organizations (where present) and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board
The industry council may include members of the applicable local boards who meet the requirements described in paragraph (1).
(c) Responsibilities
The responsibilities of the industry council shall be—
(1) to work closely with all applicable local boards in order to determine, and recommend to the Secretary, appropriate vocational training for the center;
(2) to review all the relevant labor market information to—
(A) determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation;
(B) determine the skills and education that are necessary to obtain the employment opportunities; and
(C) recommend to the Secretary the type of vocational training that should be implemented at the center to enable the enrollees to obtain the employment opportunities; and
(3) to meet at least once every 6 months to reevaluate the labor market information, and other relevant information, to determine, and recommend to the Secretary, any necessary changes in the vocational training provided at the center.
(d) New centers
The industry council for a Job Corps center that is not yet operating shall carry out the responsibilities described in subsection (c) of this section at least 3 months prior to the date on which the center accepts the first enrollee at the center.
(Pub. L. 105–220, title I, § 154, Aug. 7, 1998, 112 Stat. 1015.)
29 U.S.C. § 2895 (LABOR)
§ 2895. Advisory committees
The Secretary may establish and use advisory committees in connection with the operation of the Job Corps program, and the operation of Job Corps centers, whenever the Secretary determines that the availability of outside advice and counsel on a regular basis would be of substantial benefit in identifying and overcoming problems, in planning program or center development, or in strengthening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities.
(Pub. L. 105–220, title I, § 155, Aug. 7, 1998, 112 Stat. 1015.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1704 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2896 (LABOR)
§ 2896. Experimental, research, and demonstration projects
The Secretary may carry out experimental, research, or demonstration projects relating to carrying out the Job Corps program and may waive any provisions of this subchapter that the Secretary finds would prevent the Secretary from carrying out the projects.
(Pub. L. 105–220, title I, § 156, Aug. 7, 1998, 112 Stat. 1016.)
29 U.S.C. § 2897 (LABOR)
§ 2897. Application of provisions of Federal law
(a) Enrollees not considered to be Federal employees
(1) In general
Except as otherwise provided in this subsection and in section 8143(a) of title 5, enrollees shall not be considered to be Federal employees and shall not be subject to the provisions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
(2) Provisions relating to taxes and social security benefits
For purposes of title 26 and title II of the Social Security Act (42 U.S.C. 401 et seq.), enrollees shall be deemed to be 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.
(3) Provisions relating to compensation to Federal employees for work injuries
For purposes of subchapter I of chapter 81 of title 5 (relating to compensation to Federal employees for work injuries), enrollees shall be deemed to be civil employees of the Government of the United States within the meaning of the term “employee” as defined in section 8101 of title 5, and the provisions of such subchapter shall apply as specified in section 8143(a) of title 5.
(4) Federal tort claims provisions
For purposes of the Federal tort claims provisions in title 28, enrollees shall be considered to be employees of the Government.
(b) Adjustments and settlements
Whenever the Secretary finds a claim for damages to a person or property resulting from the operation of the Job Corps to be a proper charge against the United States, and the claim is not cognizable under section 2672 of title 28, the Secretary may adjust and settle the claim in an amount not exceeding $1,500.
(c) Personnel of the uniformed services
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 Job 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. 105–220, title I, § 157, Aug. 7, 1998, 112 Stat. 1016.)
heading: References in Text
text: The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the 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.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1706 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2900 (LABOR)
§ 2900. General provisions
The Secretary is authorized to—
(1) disseminate, with regard to the provisions of section 3204 of title 39, data and information in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general public;
(2) subject to section 2897(b) of this title, collect or compromise all obligations to or held by the Secretary and exercise all legal or equitable rights accruing to the Secretary in connection with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or collection; and
(3) expend funds made available for purposes of this subchapter—
(A) for printing and binding, in accordance with applicable law (including regulation); and
(B) without regard to any other law (including regulation), for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by the Secretary, except that the Secretary shall not expend funds under the authority of this subparagraph—
(i) except when necessary to obtain an item, service, or facility, that is required in the proper administration of this subchapter, and that otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which the item, service, or facility is needed; and
(ii) prior to having given written notification to the Administrator of General Services (if the expenditure would affect an activity that otherwise would be under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the expenditure, and the reasons and justifications for the expenditure.
(Pub. L. 105–220, title I, § 160, Aug. 7, 1998, 112 Stat. 1020.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1708 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2901 (LABOR)
§ 2901. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter such sums as may be necessary for each of the fiscal years 1999 through 2003.
(Pub. L. 105–220, title I, § 161, Aug. 7, 1998, 112 Stat. 1021.)
29 U.S.C. § 2918b (LABOR)
§ 2918b. Re-enrollment in alternative school by high-school dropout
For program year 2010 and each program year thereafter, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy.
(Pub. L. 111–117, div. D, title I, (2)(E), Dec. 16, 2009, 123 Stat. 3227.)
heading: Codification
text: Section was enacted as part of the Department of Labor Appropriations Act, 2010, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010, and the Consolidated Appropriations Act, 2010, and not as part of title I of the Workforce Investment Act of 1998 which comprises this chapter.
29 U.S.C. § 2920 (LABOR)
§ 2920. Educational assistance and training
(a) Use of fund
The Secretary of Labor shall provide for grants to States to provide educational assistance and training for United States workers. The Secretary shall consult with the Secretary of Education in making grants under this section.
(b) Allocation of funds
Within the purposes described in subsection (a) of this section, funds in the account used under this section shall be allocated among the States based on a formula, established jointly by the Secretaries of Labor and Education, that takes into consideration—
(1) the location of foreign workers admitted into the United States,
(2) the location of individuals in the United States requiring and desiring the educational assistance and training for which the funds can be applied, and
(3) the location of unemployed and underemployed United States workers.
(c) Disbursement to States
(1) Within the purposes and allocations established under this section, disbursements shall be made to the States, in accordance with grant applications submitted to and approved jointly by the Secretaries of Labor and Education, to be applied in a manner consistent with the guidelines established by such Secretaries in consultation with the States. In applying such grants, the States shall consider providing funding to joint labor-management trust funds and other such non-profit organizations which have demonstrated capability and experience in directly training and educating workers.
(2) Not more than 5 percent of the funds disbursed to any State under this section may be used for administrative expenses.
(d) Limitation on Federal overhead
The Secretaries shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section.
(e) Annual report
The Secretary of Labor shall report annually to the Congress on the grants to States provided under this section.
(f) “State” defined
In this section, the term “State” has the meaning given such term in section 1101(a)(36) of title 8.
(Pub. L. 101–649, title VIII, § 801, Nov. 29, 1990, 104 Stat. 5087.)
heading: Codification
text: Section was enacted as part of the Immigration Act of 1990, and not as part of title I of the Workforce Investment Act of 1998 which comprises this chapter.
Section was formerly classified to section 1506 of this title.
29 U.S.C. § 2933 (LABOR)
§ 2933. Monitoring
(a) In general
The Secretary is authorized to monitor all recipients of financial assistance under this chapter to determine whether the recipients are complying with the provisions of this chapter, including the regulations issued under this chapter.
(b) Investigations
The Secretary may investigate any matter the Secretary determines to be necessary to determine the compliance of the recipients with this chapter, including the regulations issued under this chapter. The investigations authorized by this subsection may include examining records (including making certified copies of the records), questioning employees, and entering any premises or onto any site in which any part of a program or activity of such a recipient is conducted or in which any of the records of the recipient are kept.
(c) Additional requirement
For the purpose of any investigation or hearing conducted under this chapter by the Secretary, the provisions of section 49 of title 15 (relating to the attendance of witnesses and the production of documents) apply to the Secretary, in the same manner and to the same extent as the provisions apply to the Federal Trade Commission.
(Pub. L. 105–220, title I, § 183, Aug. 7, 1998, 112 Stat. 1042.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title” meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, and sections 42101 to 42106 of Title 49, Transportation, enacted provisions set out as notes under sections 1501, 2301, and 2940 of this title and section 11421 of Title 42, and repealed provisions set out as notes under sections 801 and 2301 of this title and section 1255a of Title 8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1573 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2936 (LABOR)
§ 2936. Administrative adjudication
(a) In general
Whenever any applicant for financial assistance under this chapter is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 2934 of this title.
(b) Appeal
The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, has notified the parties that the case involved has been accepted for review.
(c) Time limit
Any case accepted for review by the Secretary under subsection (b) of this section shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period.
(d) Additional requirement
The provisions of section 2937 of this title shall apply to any final action of the Secretary under this section.
(Pub. L. 105–220, title I, § 186, Aug. 7, 1998, 112 Stat. 1048.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title” meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, and sections 42101 to 42106 of Title 49, Transportation, enacted provisions set out as notes under sections 1501, 2301, and 2940 of this title and section 11421 of Title 42, and repealed provisions set out as notes under sections 801 and 2301 of this title and section 1255a of Title 8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1576 of this title prior to repeal by Pub. L. 105–220.
29 U.S.C. § 2937 (LABOR)
§ 2937. Judicial review
(a) Review
(1) Petition
With respect to any final order by the Secretary under section 2936 of this title by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under his 1 chapter, or any final order of the Secretary under section 2936 of this title with respect to a corrective action or sanction imposed under section 2934 of this title, any party to a proceeding which resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant or recipient of funds involved, by filing a review petition within 30 days after the date of issuance of such final order.
(2) Action on petition
The clerk of the court shall transmit a copy of the review petition to the Secretary who shall file the record on which the final order was entered as provided in section 2112 of title 28. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition.
(3) Standard and scope of review
No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence.
(b) Judgment
The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28.
(Pub. L. 105–220, title I, § 187, Aug. 7, 1998, 112 Stat. 1049.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “[t]his title” meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, and sections 42101 to 42106 of Title 49, Transportation, enacted provisions set out as notes under sections 1501, 2301, and 2940 of this title and section 11421 of Title 42, and repealed provisions set out as notes under sections 801 and 2301 of this title and section 1255a of Title 8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 1578 of this title prior to repeal by Pub. L. 105–220.