Page 789 TITLE 29—LABOR § 2703

(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.

(Pub. L. 103–382, title V, §542, Oct. 20, 1994, 108

Stat. 4051.)

SHORT TITLE

Section 541 of Pub. L. 103–382 provided that: ‘‘This

part [part D (§§541–547) of title V of Pub. L. 103–382, enacting this chapter] may be cited as the ‘Workers Technology Skill Development Act’.’’

§ 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.

(Pub. L. 103–382, title V, §543, Oct. 20, 1994, 108

Stat. 4052.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2704 of this title.

§ 2703. Definitions

As used in this chapter:

(1) Advanced workplace practices

The 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 technologies

The 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) Department

The term ‘‘Department’’ means the Department of Labor.
§ 2704 TITLE 29—LABOR Page 790

(4) Nonprofit organization

The term ‘‘nonprofit organization’’ means a

tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of title 26.

(5) Secretary

The term ‘‘Secretary’’ means the Secretary

of Labor.

(6) Worker organization

The term ‘‘worker organization’’ means a

labor organization within the meaning of section 501(c)(5) of title 26.

(Pub. L. 103–382, title V, §544, Oct. 20, 1994, 108

Stat. 4053.)

§ 2704. Grants

(a) In general

The 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) Eligibility

To 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) of this

section.

(c) Use of amounts

An 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) Terms

Grants awarded under this section shall be

for a term not to exceed six years.

(2) Non-Federal share

Amounts required to be contributed by an

entity under subsection (b)(3) of this section

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) Evaluation

The 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.

(Pub. L. 103–382, title V, §545, Oct. 20, 1994, 108

Stat. 4053.)

§ 2705. Identification and dissemination of best

practices

(a) In general

(1) Information

The 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;