dreamproit/uscode huggingface dataset:
29 U.S.C. § 1902 (LABOR)
§ 1902. Continued operation of Center
(a) Administration by Secretary of Education
The Secretary of Education shall continue to administer and support the Helen Keller National Center for Youths and Adults who are Deaf-Blind in the same manner as such Center was administered prior to February 22, 1984, to the extent such manner of administration is not inconsistent with any purpose described in subsection (b) or any other requirement of this chapter.
(b) Purposes of Center
The purposes of the Center are to—
(1) provide specialized intensive services, or any other services, at the Center or anywhere else in the United States, which are necessary to encourage the maximum personal development of any individual who is deaf-blind;
(2) train family members of individuals who are deaf-blind at the Center or anywhere else in the United States, in order to assist family members in providing and obtaining appropriate services for the individual who is deaf-blind;
(3) train professionals and allied personnel at the Center or anywhere else in the United States to provide services to individuals who are deaf-blind; and
(4) conduct applied research, development programs, and demonstrations with respect to communication techniques, teaching methods, aids and devices, and delivery of services.
(Pub. L. 98–221, title II, § 203, Feb. 22, 1984, 98 Stat. 33; Pub. L. 102–569, title IX, §§ 902, 908, Oct. 29, 1992, 106 Stat. 4482, 4485.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title II of Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 32, which is classified generally to this chapter (§ 1901 et seq.). For complete classification of this title to the Code, see Short Title note set out under section 1901 of this title and Tables. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 701 of this title and Tables.
heading: Amendments
text: 1992—Pub. L. 102–569, § 908(c)(2), amended section catchline.
Subsec. (a). Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), redesignated subsec. (b) as (a), substituted “Youths and Adults who are Deaf-Blind” for “Deaf-Blind Youths and Adults”, “prior to February 22, 1984” for “pursuant to section 313 of the Rehabilitation Act of 1973”, and “subsection (b)” for “subsection (c)”, and struck out former subsec. (a) which repealed section 777c of this title.
Subsecs. (b), (c). Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated subsec. (c) as (b), substituted “individual who is deaf-blind” for “deaf-blind individual” in par. (1), added par. (2), redesignated former par. (2) as (3) and substituted “individuals who are deaf-blind” for “deaf-blind individuals”, and redesignated former par. (3) as (4). Former subsec. (b) redesignated (a).
29 U.S.C. § 1903 (LABOR)
§ 1903. Audit; monitoring and evaluation
(a) The books and accounts of the Center shall be audited annually by an independent auditor in the manner prescribed by the Secretary and a report on each such audit shall be submitted by the auditor to the Secretary within 15 days following the completion of the audit and acceptance of the audit by the Center.
(b)
(1) The Secretary shall establish procedures for monitoring, on a regular basis, the services performed and the training conducted by the Center.
(2) The Secretary shall, in addition to the regular monitoring required under paragraph (1), conduct an evaluation of the operation of the Center at the end of each fiscal year. A written report of such evaluation shall be submitted to the President, the Clerk of the House of Representatives, and the Secretary of the Senate within one hundred and eighty days after the end of the fiscal year for which such evaluation was conducted. The first such report shall be submitted for fiscal year 1983.
(Pub. L. 98–221, title II, § 204, Feb. 22, 1984, 98 Stat. 33; Pub. L. 102–569, title IX, § 903, Oct. 29, 1992, 106 Stat. 4482.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–569 substituted “within 15 days following the completion of the audit and acceptance of the audit by the Center” for “at such time as the Secretary shall prescribe”.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in subsec. (b)(2) of this section relating to submitting a written report to the Clerk of the House of Representatives and the Secretary of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 81 of House Document No. 103–7.
29 U.S.C. § 1904 (LABOR)
§ 1904. Authorization of appropriations
(a) There are authorized to be appropriated to carry out the provisions of this chapter such sums as may be necessary for each of the fiscal years 1999 through 2003. Such sums shall remain available until expended.
(b) Any appropriation Act containing any appropriation authorized by subsection (a) shall contain a statement of the specific amount being made available to the Center.
(Pub. L. 98–221, title II, § 205, Feb. 22, 1984, 98 Stat. 33; Pub. L. 99–506, title IX, § 901, Oct. 21, 1986, 100 Stat. 1840; Pub. L. 100–630, title V, § 501, Nov. 7, 1988, 102 Stat. 3317; Pub. L. 102–52, § 9(a), June 6, 1991, 105 Stat. 263; Pub. L. 102–569, title IX, § 904, Oct. 29, 1992, 106 Stat. 4482; Pub. L. 105–220, title IV, § 412(a), Aug. 7, 1998, 112 Stat. 1241.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–220 substituted “1999 through 2003” for “1993 through 1997”.
1992—Subsec. (a). Pub. L. 102–569 substituted “1993 through 1997” for “1987 through 1992”.
1991—Subsec. (a). Pub. L. 102–52 substituted “1992” for “1991”.
1988—Subsec. (a). Pub. L. 100–630 substituted “1991” for “1990”.
1986—Subsec. (a). Pub. L. 99–506 amended first sentence generally. Prior to amendment, first sentence read as follows: “There are authorized to be appropriated $4,000,000 for the fiscal year 1984, $4,200,000 for the fiscal year 1985, and $4,300,000 for the fiscal year 1986 to carry out the provisions of this chapter.”
29 U.S.C. § 1905 (LABOR)
§ 1905. Definitions
For purposes of this chapter—
(1) the terms “Helen Keller National Center for Youths and Adults who are Deaf-Blind” and “Center” mean the Helen Keller National Center for Youths and Adults who are Deaf-Blind, and its affiliated network, operated pursuant to this chapter;
(2) the term “individual who is deaf-blind” means any individual—
(A)
(i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions;
(ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and
(iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation;
(B) who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or
(C) meets such other requirements as the Secretary may prescribe by regulation; and
(3) the term “Secretary” means the Secretary of Education.
(Pub. L. 98–221, title II, § 206, Feb. 22, 1984, 98 Stat. 34; Pub. L. 102–569, title IX, §§ 905, 908(c)(1), Oct. 29, 1992, 106 Stat. 4482, 4486.)
heading: Editorial Notes
heading: Amendments
text: 1992—Par. (1). Pub. L. 102–569, §§ 905(1), 908(c)(1), substituted “Youths and Adults who are Deaf-Blind” for “Deaf-Blind Youths and Adults” in two places and struck out “section 313 of the Rehabilitation Act of 1973 and continued under” after “operated pursuant to”.
Par. (2). Pub. L. 102–569, § 905(2), amended par. (2) generally, substituting present provisions for provisions defining “deaf-blind individual”.
29 U.S.C. § 1906 (LABOR)
§ 1906. Construction; effect on agreements
This chapter shall not be construed as modifying or affecting any agreement between the Department of Education or any other department or agency of the United States and the Helen Keller Services for the Blind, Incorporated, or any successor to or assignee of such corporation, with respect to the Center.
(Pub. L. 98–221, title II, § 207, Feb. 22, 1984, 98 Stat. 34; Pub. L. 102–569, title IX, § 906, Oct. 29, 1992, 106 Stat. 4483.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–569 substituted “Helen Keller Services for the Blind, Incorporated” for “Industrial Home for the Blind, Incorporated”.
29 U.S.C. § 2001 (LABOR)
§ 2001. Definitions
As used in this chapter:
(1) Commerce
The term “commerce” has the meaning provided by section 203(b) of this title.
(2) Employer
The term “employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
(3) Lie detector
The term “lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
(4) Polygraph
The term “polygraph” means an instrument that—
(A) records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and
(B) is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
(5) Secretary
The term “Secretary” means the Secretary of Labor.
(Pub. L. 100–347, § 2, June 27, 1988, 102 Stat. 646.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 100–347, § 11, June 27, 1988, 102 Stat. 653, provided that:
“(a) In General.—
Except as provided in subsection (b), this Act [enacting this chapter] shall become effective 6 months after the date of enactment of this Act [June 27, 1988].
“(b) Regulations.—
Not later than 90 days after the date of enactment of this Act, the Secretary shall issue such rules and regulations as may be necessary or appropriate to carry out this Act.”
heading: Short Title
text: Pub. L. 100–347, § 1, June 27, 1988, 102 Stat. 646, provided that: “This Act [enacting this chapter] may be cited as the ‘Employee Polygraph Protection Act of 1988’.”
29 U.S.C. § 2002 (LABOR)
§ 2002. Prohibitions on lie detector use
Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce—
(1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test;
(2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee;
(3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against—
(A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or
(B) any employee or prospective employee on the basis of the results of any lie detector test; or
(4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because—
(A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter,
(B) such employee or prospective employee has testified or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this chapter.
(Pub. L. 100–347, § 3, June 27, 1988, 102 Stat. 646.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2003 (LABOR)
§ 2003. Notice of protection
The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees and applicants to employment are customarily posted.
(Pub. L. 100–347, § 4, June 27, 1988, 102 Stat. 647.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2004 (LABOR)
§ 2004. Authority of Secretary
(a) In general
The Secretary shall—
(1) issue such rules and regulations as may be necessary or appropriate to carry out this chapter;
(2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this chapter; and
(3) make investigations and inspections and require the keeping of records necessary or appropriate for the administration of this chapter.
(b) Subpoena authority
For the purpose of any hearing or investigation under this chapter, the Secretary shall have the authority contained in sections 49 and 50 of title 15.
(Pub. L. 100–347, § 5, June 27, 1988, 102 Stat. 647.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2005 (LABOR)
§ 2005. Enforcement provisions
(a) Civil penalties
(1) In general
Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000.
(2) Determination of amount
In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation.
(3) Collection
Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 1853 of this title with respect to civil penalties assessed under subsection (a) of such section.
(b) Injunctive actions by Secretary
The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and represent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.
(c) Private civil actions
(1) Liability
An employer who violates this chapter shall be liable to the employee or prospective employee affected by such violation. Such employer shall be liable for such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.
(2) Court
An action to recover the liability prescribed in paragraph (1) may be maintained against the employer in any Federal or State court of competent jurisdiction by an employee or prospective employee for or on behalf of such employee, prospective employee, and other employees or prospective employees similarly situated. No such action may be commenced more than 3 years after the date of the alleged violation.
(3) Costs
The court, in its discretion, may allow the prevailing party (other than the United States) reasonable costs, including attorney’s fees.
(d) Waiver of rights prohibited
The rights and procedures provided by this chapter may not be waived by contract or otherwise, unless such waiver is part of a written settlement agreed to and signed by the parties to the pending action or complaint under this chapter.
(Pub. L. 100–347, § 6, June 27, 1988, 102 Stat. 647.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2008 (LABOR)
§ 2008. Disclosure of information
(a) In general
A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section.
(b) Permitted disclosures
A polygraph examiner may disclose information acquired from a polygraph test only to—
(1) the examinee or any other person specifically designated in writing by the examinee;
(2) the employer that requested the test; or
(3) any court, governmental agency, arbitrator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction.
(c) Disclosure by employer
An employer (other than an employer described in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to—
(1) a person in accordance with subsection (b); or
(2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.
(Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2009 (LABOR)
§ 2009. Effect on other law and agreements
Except as provided in subsections (a), (b), and (c) of section 2006 of this title, this chapter shall not preempt any provision of any State or local law or of any negotiated collective bargaining agreement that prohibits lie detector tests or is more restrictive with respect to lie detector tests than any provision of this chapter.
(Pub. L. 100–347, § 10, June 27, 1988, 102 Stat. 653.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.
29 U.S.C. § 2103 (LABOR)
§ 2103. Exemptions
This chapter shall not apply to a plant closing or mass layoff if—
(1) the closing is of a temporary facility or the closing or layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility or the project or undertaking; or
(2) the closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice pursuant to section 2102(a) of this title when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act [29 U.S.C. 151 et seq.]: Provided, That nothing in this chapter shall be deemed to validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.
(Pub. L. 100–379, § 4, Aug. 4, 1988, 102 Stat. 892.)
heading: Editorial Notes
heading: References in Text
text: The National Labor Relations Act, referred to in par. (2), is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables.
heading: Effective Date
text: Section effective 6 months after Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.
29 U.S.C. § 2105 (LABOR)
§ 2105. Procedures in addition to other rights of employees
The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other statute.
(Pub. L. 100–379, § 6, Aug. 4, 1988, 102 Stat. 894.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.
29 U.S.C. § 2106 (LABOR)
§ 2106. Procedures encouraged where not required
It is the sense of Congress that an employer who is not required to comply with the notice requirements of section 2102 of this title should, to the extent possible, provide notice to its employees about a proposal to close a plant or permanently reduce its workforce.
(Pub. L. 100–379, § 7, Aug. 4, 1988, 102 Stat. 894.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.
29 U.S.C. § 2107 (LABOR)
§ 2107. Authority to prescribe regulations
(a) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this chapter. Such regulations shall, at a minimum, include interpretative regulations describing the methods by which employers may provide for appropriate service of notice as required by this chapter.
(b) The mailing of notice to an employee’s last known address or inclusion of notice in the employee’s paycheck will be considered acceptable methods for fulfillment of the employer’s obligation to give notice to each affected employee under this chapter.
(Pub. L. 100–379, § 8, Aug. 4, 1988, 102 Stat. 894.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Aug. 4, 1988, except that the authority of the Secretary of Labor under this section is effective on Aug. 4, 1988, see section 11 of Pub. L. 100–379, set out as a note under section 2101 of this title.