USC Chapter 29

in effect

29 U.S.C. § 2701 Findings

The Congress finds and declares the following: (1) In an increasingly competitive world economy, the companies and nations that lead in the rapid development, commercialization, and application of new and advanced technologies, and in the high-quality, competitively priced production of goods and services, will lead in economic growth, employment, and high living standards. (2) While the United States remains the world leader in science and invention, it has not done well in rapidly making the transition from achievement in its research laboratories to high-quality, competitively priced production of goods and services. This lag and the unprecedented competitive challenge that the United States has faced from abroad have contributed to a drop in real wages and living standards. (3) Companies that are successfully competitive in the rapid development, commercialization, application, and implementation of advanced technologies, and in the successful delivery of goods and services, recognize that worker participation and labor-management cooperation in the deployment, application, and implementation of advanced workplace technologies make an important contribution to high-quality, competitively priced production of goods and services and in maintaining and improving real wages for workers. (4) The Federal Government has an important role in encouraging and augmenting private sector efforts relating to the development, application, manufacture, and deployment of new and advanced technologies. The role should be to—(A) work with private companies, States, worker organizations, nonprofit organizations, and institutions of higher education to ensure the development, application, production, and implementation of new and advanced technologies to promote the improvement of workers’ skills, wages, job security, and working conditions, and a healthy environment; (B) encourage worker and worker organization participation in the development, commercialization, evaluation, selection, application, and implementation of new and advanced technologies in the workplace; and (C) promote the use and integration of new and advanced technologies in the workplace that enhance workers’ skills. (5) In working with the private sector to promote the technological leadership and economic growth of the United States, the Federal Government has a responsibility to ensure that Federal technology programs help the United States to remain competitive and to maintain and improve living standards and to create and retain secure jobs in economically stable communities.

29 U.S.C. § 2702 Purposes

The purposes of this chapter are to— (1) improve the ability of workers and worker organizations to recognize, develop, assess, and improve strategies for successfully integrating workers and worker organizations into the process of evaluating, selecting, and implementing advanced workplace technologies, and advanced workplace practices in a manner that creates and maintains stable well-paying jobs for workers; and (2) assist workers and worker organizations in developing the expertise necessary for effective participation with employers in the development of strategies and programs for the successful evaluation, selection, and implementation of advanced workplace technologies and advanced workplace practices through the provision of a range of education, training, and related services.

29 U.S.C. § 2703 Definitions

As used in this chapter: (1) Advanced workplace practicesThe term “advanced workplace practices” means innovations in work organization and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Commerce. (2) Advanced workplace technologiesThe term “advanced workplace technologies” includes—(A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving the manufacturing and industrial production of goods and commercial services, which advance the state-of-the-art; or (B) novel industrial and commercial techniques and processes not previously generally available that improve quality, productivity, and practices, including engineering design, quality assurance, concurrent engineering, continuous process production technology, inventory management, upgraded worker skills, communications with customers and suppliers, and promotion of sustainable economic growth. (3) DepartmentThe term “Department” means the Department of Labor. (4) Nonprofit organizationThe term “nonprofit organization” means a tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of title 26. (5) SecretaryThe term “Secretary” means the Secretary of Labor. (6) Worker organizationThe term “worker organization” means a labor organization within the meaning of section 501(c)(5) of title 26.

29 U.S.C. § 2704 Grants

(a) In generalThe Secretary of Labor, after consultation with the Secretary of Commerce, shall, to the extent appropriations are available, award grants to eligible entities to carry out the purposes described in section 2702 of this title. (b) EligibilityTo be eligible to receive a grant under this section, an entity shall—(1) be a nonprofit organization, or a partnership consortium of such organizations; (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the activities that the entity will carry out using amounts received under the grant; and (3) agree to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of the activities to be conducted with grant funds, in an amount equal to the amount required under subsection (d). (c) Use of amountsAn entity shall use amounts received under a grant awarded under this section to carry out the purposes described in section 2702 of this title through activities such as—(1) the provision of technical assistance to workers, worker organizations, employers, State economic development agencies, State industrial extension programs, Advanced Technology Centers, and National Manufacturing Technology Centers to identify advanced workplace practices and strategies that enhance the effective evaluation, selection, and implementation of advanced workplace technologies; (2) the researching and identification of new and advanced workplace technologies, and advanced workplace practices that promote the improvement of workers’ skills, wages, working conditions, and job security, that research the link between advanced workplace practices and long-term corporate performance, and which are consistent with the needs of local communities and the need for a healthy environment; and (3) the development and dissemination of training programs and materials to be used for and by workers, worker organizations, employers, State economic development agencies, State industrial extension programs, Advanced Technology Centers, and National Manufacturing Technology Centers relating to the activities and services provided pursuant to paragraphs (1) and (2), and regarding successful practices including practices which address labor-management cooperation and the involvement of workers in the design, development, and implementation of workplace practices and technologies. (d) Terms of grants and non-Federal shares(1) TermsGrants awarded under this section shall be for a term not to exceed six years. (2) Non-Federal shareAmounts required to be contributed by an entity under subsection (b)(3) shall equal—(A) an amount equal to 15 percent of the amount provided under the grant in the first year for which the grant is awarded; (B) an amount equal to 20 percent of the amount provided under the grant in the second year for which the grant is awarded; (C) an amount equal to 33 percent of the amount provided under the grant in the third year for which the grant is awarded; (D) an amount equal to 40 percent of the amount provided under the grant in the fourth year for which the grant is awarded; and (E) an amount equal to 50 percent of the amount provided under the grant in the fifth and sixth years for which the grant is awarded. (e) EvaluationThe Department shall develop mechanisms for evaluating the effectiveness of the use of a grant awarded under this section in carrying out the purposes under section 2702 of this title and, not later than two years after October 20, 1994, and every two years thereafter, prepare and submit a report to Congress concerning such evaluation.

29 U.S.C. § 2705 Identification and dissemination of best practices

(a) In general(1) InformationThe Secretary, in cooperation and after consultation with the Secretary of Commerce, shall assist workers, worker organizations, and employers in successfully adopting advanced workplace technologies, and advanced workplace practices by identifying, collecting, and disseminating information on best workplace practices and workplace assessment tools, including—(A) methods, techniques, and successful models of labor-management cooperation and of worker and worker organization participation in the development, evaluation, selection, and implementation of new and advanced workplace technologies, and advanced workplace practices; (B) methods, techniques, and successful models for the design and implementation of new and advanced workplace practices; (C) methods, techniques, and successful models for the design and implementation of advanced forms of work organization; and (D) methods, techniques, and successful models for the assessment of worker skills and training needs relating to the effective development, evaluation, selection, and implementation of advanced workplace technologies, and advanced workplace practices. (2) ContentsSuch information on best workplace practices shall include—(A) summaries and analyses of best practice cases; (B) criteria for assessment of current workplace practices; and (C) information on the best available education and training materials and services relating to the development, implementation, and operation of systems utilizing new and advanced workplace technologies, and advanced workplace practices. (b) DistributionThe information and materials developed under this section shall be distributed through an appropriate entity designated by the Secretary of Commerce to the Regional Centers for the Transfer of Manufacturing Technology, to the Manufacturing Outreach Center, to other technology training entities, and directly to others as determined appropriate by the Secretary of Labor and the Secretary of Commerce.

29 U.S.C. § 2706 Authorization of appropriations

(a) In generalThere are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 1995 through 1997. (b) AvailabilityAmounts appropriated under subsection (a) shall remain available until expended.