US (United States) Code. Title 29. Chapter 29: Workers technology skill development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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29 USC CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec.

2701. Findings.

2702. Purposes.

2703. Definitions.

2704. Grants.

(a) In general.

(b) Eligibility.

(c) Use of amounts.

(d) Terms of grants and non-Federal shares.

(e) Evaluation.

2705. Identification and dissemination of best practices.

(a) In general.

(b) Distribution.

2706. Authorization of appropriations.

(a) In general.

(b) Availability.

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29 USC Sec. 2701 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec. 2701. Findings

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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.

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(Pub. L. 103-382, title V, Sec. 542, Oct. 20, 1994, 108 Stat.

4051.)

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SHORT TITLE

Section 541 of Pub. L. 103-382 provided that: "This part [part D

(Secs. 541-547) of title V of Pub. L. 103-382, enacting this

chapter] may be cited as the 'Workers Technology Skill Development

Act'."

STUDY AND REPORT ON THE "DIGITAL DIVIDE"

Pub. L. 106-313, title I, Sec. 115, Oct. 17, 2000, 114 Stat.

1262, provided that:

"(a) Study. - The Secretary of Commerce shall conduct a review of

existing public and private high-tech workforce training programs

in the United States.

"(b) Report. - Not later than 18 months after the date of

enactment of this Act [Oct. 17, 2000], the Secretary of Commerce

shall submit a report to Congress setting forth the findings of the

study conducted under subsection (a)."

REPORT ON OLDER WORKERS IN INFORMATION TECHNOLOGY FIELD

Pub. L. 105-277, div. C, title IV, Sec. 417, Oct. 21, 1998, 112

Stat. 2681-656, provided that:

"(a) Study. - The Director of the National Science Foundation

shall enter into a contract with the President of the National

Academy of Sciences to conduct a study, using the best available

data, assessing the status of older workers in the information

technology field. The study shall consider the following:

"(1) The existence and extent of age discrimination in the

information technology workplace.

"(2) The extent to which there is a difference, based on age,

in -

"(A) promotion and advancement;

"(B) working hours;

"(C) telecommuting;

"(D) salary; and

"(E) stock options, bonuses, and other benefits.

"(3) The relationship between rates of advancement, promotion,

and compensation to experience, skill level, education, and age.

"(4) Differences in skill level on the basis of age.

"(b) Report. - Not later than October 1, 2000, the Director of

the National Science Foundation shall submit to the Committees on

the Judiciary of the United States House of Representatives and the

Senate a report containing the results of the study described in

subsection (a)."

REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS

Pub. L. 105-277, div. C, title IV, Sec. 418(a), Oct. 21, 1998,

112 Stat. 2681-656, provided that:

"(1) In general. - The Director of the National Science

Foundation shall conduct a study to assess labor market needs for

workers with high technology skills during the next 10 years. The

study shall investigate and analyze the following:

"(A) Future training and education needs of companies in the

high technology and information technology sectors and future

training and education needs of United States students to ensure

that students' skills at various levels are matched to the needs

in such sectors.

"(B) An analysis of progress made by educators, employers, and

government entities to improve the teaching and educational level

of American students in the fields of math, science, computer

science, and engineering since 1998.

"(C) An analysis of the number of United States workers

currently or projected to work overseas in professional,

technical, and managerial capacities.

"(D) The relative achievement rates of United States and

foreign students in secondary schools in a variety of subjects,

including math, science, computer science, English, and history.

"(E) The relative performance, by subject area, of United

States and foreign students in postsecondary and graduate schools

as compared to secondary schools.

"(F) The needs of the high technology sector for foreign

workers with specific skills and the potential benefits and costs

to United States employers, workers, consumers, postsecondary

educational institutions, and the United States economy, from the

entry of skilled foreign professionals in the fields of science

and engineering.

"(G) The needs of the high technology sector to adapt products

and services for export to particular local markets in foreign

countries.

"(H) An examination of the amount and trend of moving the

production or performance of products and services now occurring

in the United States abroad.

"(2) Report. - Not later than October 1, 2000, the Director of

the National Science Foundation shall submit to the Committees on

the Judiciary of the United States House of Representatives and the

Senate a report containing the results of the study described in

paragraph (1).

"(3) Involvement. - The study under paragraph (1) shall be

conducted in a manner that ensures the participation of individuals

representing a variety of points of view."

TWENTY-FIRST CENTURY WORKFORCE COMMISSION

Pub. L. 105-220, title III, subtitle C, Aug. 7, 1998, 112 Stat.

1087, as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 401(15)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412,

known as the "Twenty-First Century Workforce Commission Act",

established the Commission to study all matters relating to the

information technology workforce in the United States, including

skills necessary to enter the information technology workforce,

ways to expand the number of skilled information technology

workers, and the relative efficacy of programs in the United States

and foreign countries to train information technology workers, and

to submit a report to the President and Congress of its findings,

conclusions, and recommendations for legislative and administrative

actions, and provided for powers of the Commission, compensation of

members, employment of staff, authorization of appropriations, and

termination of the Commission 90 days after submission of its final

report, which was released June 27, 2000.

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29 USC Sec. 2702 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec. 2702. Purposes

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-382, title V, Sec. 543, Oct. 20, 1994, 108 Stat.

4052.)

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SECTION REFERRED TO IN OTHER SECTIONS

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

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29 USC Sec. 2703 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec. 2703. Definitions

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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.

(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.

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(Pub. L. 103-382, title V, Sec. 544, Oct. 20, 1994, 108 Stat.

4053.)

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29 USC Sec. 2704 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec. 2704. Grants

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(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.

-SOURCE-

(Pub. L. 103-382, title V, Sec. 545, Oct. 20, 1994, 108 Stat.

4053.)

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29 USC Sec. 2705 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

-HEAD-

Sec. 2705. Identification and dissemination of best practices

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(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;

(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) Contents

Such 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) Distribution

The 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.

-SOURCE-

(Pub. L. 103-382, title V, Sec. 546, Oct. 20, 1994, 108 Stat.

4055.)

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29 USC Sec. 2706 01/06/03

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TITLE 29 - LABOR

CHAPTER 29 - WORKERS TECHNOLOGY SKILL DEVELOPMENT

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Sec. 2706. Authorization of appropriations

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(a) In general

There 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) Availability

Amounts appropriated under subsection (a) of this section shall

remain available until expended.

-SOURCE-

(Pub. L. 103-382, title V, Sec. 547, Oct. 20, 1994, 108 Stat.

4055.)

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