[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1827 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1827
To establish an expansive infrastructure program to create local jobs
and raise the quality of life in every community, to launch middle
class career pathways in infrastructure, and to invest in high-quality
American jobs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2021
Mrs. Gillibrand (for herself, Mr. Durbin, Ms. Klobuchar, and Mr.
Merkley) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish an expansive infrastructure program to create local jobs
and raise the quality of life in every community, to launch middle
class career pathways in infrastructure, and to invest in high-quality
American jobs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Build Local, Hire
Local Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY
COMMUNITY
Subtitle A--Creating Local Jobs Across the Country
Sec. 111. Targeted hiring requirements for construction jobs created by
covered infrastructure programs.
Sec. 112. Compliance with court orders.
Subtitle B--Rebuilding Our Infrastructure With American Business
Sec. 121. Definitions.
Sec. 122. Increasing meaningful small business participation.
Sec. 123. Requiring meaningful participation from targeted businesses.
Sec. 124. Compliance with court orders.
Sec. 125. Expansion of Small Business Administration Surety Bond
Program.
Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value
Contracting Analysis
Sec. 131. Creating a best-value analysis for Federal expenditures on
infrastructure, use of U.S. Employment
Plans, and preferences for registered
apprenticeship programs and neutrality in
union organizing.
Subtitle D--Improving Safety, Connectivity, and Access to Better
Opportunities
Sec. 141. Accessibility data program.
Sec. 142. Establishment of performance measures for transportation
accessibility.
Sec. 143. Technical assistance program.
Sec. 144. Connect Communities Program.
TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE
Sec. 201. Building American Infrastructure and Careers Program.
Sec. 202. Infrastructure workforce equity capacity building program.
Sec. 203. Authorization of appropriations.
TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS
Sec. 301. Wage rate.
Sec. 302. Raise labor standards, improve working conditions, and
strengthen workers' bargaining power.
Sec. 303. Buy America Bureau.
SEC. 2. FINDINGS.
Congress finds that--
(1) infrastructure plays a vital role in the lives of all
people in the United States;
(2) the aging infrastructure of the United States is in
need of a significant investment to repair, rebuild, and
modernize, and in the process, the Federal Government can take
necessary steps to address economic and racial injustices that
have limited opportunities for far too many people of the
United States;
(3) decades of disinvestment and exclusionary policies have
isolated many people of color, low-income people, and disabled
individuals in the United States from opportunity across the
urban centers, deindustrialized cities, rural regions, and
Tribal areas of the United States, including horribly
inadequate investment to ensure universal access to clean air
and water, safe and reliable transportation, affordable
housing, quality living wage jobs, high-speed internet,
modernized schools, and parks and community facilities;
(4) while the construction of the National Highway System
remains one of the most transformative achievements in the
history of the United States, it came at the expense of many
low-income communities as well as minority neighborhoods of all
income levels that were destroyed by the construction and
isolated from the broader community and from economic
opportunity;
(5) investing in repairing, rebuilding, and modernizing the
infrastructure of the United States presents an opportunity to
learn from the mistakes of the past and reimagine how
communities can design and build infrastructure to be more
equitable, helping to address structural inequities faced by
marginalized communities nationwide, including a lack of good
paying jobs, affordable, accessible, and inclusive housing,
decaying roads, bridges, and schools, inadequate access to
technology, and exposure to toxic emissions and poisoned water;
(6) accessibility to quality infrastructure, training, and
jobs is an issue across the United States, spanning from rural
and Tribal areas to urban and suburban areas;
(7) transportation infrastructure has a significant impact
on access to jobs, education, healthcare, healthy foods, and
other essential services;
(8) accessibility to essential services is defined not only
by speed, but also by ease of access, which includes the
ability to safely and conveniently access services by all modes
of travel;
(9) with a shortage of construction firms that are ready
and able to take on the large-scale infrastructure projects the
United States demands, the close to 478,000 specialty trade
contractors in smaller minority, women, and disadvantaged
businesses could be supported to meet this demand;
(10) small businesses and under-represented contractors,
including minority-, women-, veteran-owned businesses, and
businesses owned by disabled individuals should have the
opportunity to rebuild their communities and employ hardworking
people of the United States along the way;
(11) as of 2018, about \1/4\ of the infrastructure
workforce is projected to retire or permanently leave their
jobs over the next decade, compounding the infrastructure
crisis in the United States;
(12) as of 2019, the Board of Governors of the Federal
Reserve System finds that skilled trades and many occupations
that do not require a 4-year degree are not considered to be at
significant risk of automation;
(13) infrastructure jobs include a wide range of employment
opportunities in both the public and private sectors, including
design, manufacturing, construction, operation, governance, and
maintenance of infrastructure assets in the United States;
(14) more than 1 in 10 jobs in the United States is a
transportation- or infrastructure-related job;
(15) many infrastructure jobs provide competitive wages
with low barriers to entry, many of which require on-the-job
training in lieu of formal 4-year degree higher education
programs;
(16) in spite of rising income inequality, infrastructure
jobs paid approximately 30 percent more to low income
individuals than other occupations in 2018;
(17) women, people of color, and particularly women of
color are underrepresented in construction jobs;
(18) while women across all occupations currently make up
about 50 percent of the workforce, women in construction and
extraction occupations has hovered around 3 percent for the
last 3 decades;
(19) while Black Americans make up about 12 percent of the
overall workforce, Black Americans only represent 7 percent of
construction and extraction occupations;
(20) by focusing on improving workforce development systems
through targeted employment strategies, the Federal Government
can improve the quality of future projects and better ensure
that all communities benefit from investments that--
(A) protect workers;
(B) expand opportunities for advancement;
(C) establish strong labor standards; and
(D) redress discriminatory policies that have
unfairly burdened low-income communities and
communities of color with pollution and geographic
isolation; and
(21) the Federal Government should make concerted efforts
to close the workforce gap, through coordination with States
and units of local government, workforce development agencies,
national and regional nonprofit intermediaries, labor
organizations, and institutions of higher education and other
educational institutions, including historically Black colleges
and universities and Hispanic-serving institutions, to recruit,
train, and retain the next generation of infrastructure workers
in the United States, with a focus on--
(A) achieving gender, ethnic, racial, and ability
diversity; and
(B) recruiting and training individuals from
communities with high unemployment rates, including
African-American communities, Hispanic communities,
Indian Tribes, the disabled community, and the LGBTQ
community.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered infrastructure program.--The term ``covered
infrastructure program'' means any of the following:
(A) Direct and guaranteed loans and grants under
section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)).
(B) Distance learning and telemedicine grants under
section 2333 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 950aaa-2).
(C) Broadband loans and loan guarantees under title
IV of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.).
(D) The community connect grant program established
under title III of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations, 2004 (Public Law 108-199; 118 Stat.
29).
(E) Solid waste management grants under section
310B(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(b)).
(F) A program or project carried out under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.).
(G) Financial assistance for development,
implementation, or modification of a State energy
conservation plan under section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323).
(H) State water pollution control revolving funds
established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.).
(I) State drinking water treatment revolving loan
funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).
(J) Grants for construction of health centers
provided by the Secretary of Health and Human Services.
(K) Grants for construction, renovation, or repair
of non-Federal research facilities provided by the
Director of the National Institutes of Health.
(L) The public transportation security assistance
grant program under section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135).
(M) Assistance provided under the Public Housing
Capital Fund established under section 9(d) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d)).
(N) The community development block grant program
under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.).
(O) The Indian housing block grant program under
section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111).
(P) The rural water supply program under section
103 of the Rural Water Supply Act of 2006 (43 U.S.C.
2402).
(Q) Financial assistance provided under the Water
Infrastructure Finance and Innovation Act (33 U.S.C.
3901 et seq.).
(R) Assistance provided under title 23, United
States Code.
(S) Assistance provided under chapter 53 of title
49, United States Code.
(T) Programs for civil works projects, including
water resources projects, under the jurisdiction of the
Corps of Engineers.
(U) Assistance provided for a freight or passenger
rail project under subtitle V of title 49, United
States Code.
(V) Assistance provided for an airport development
project under chapter 471 of title 49, United States
Code.
(W) Assistance for an environmental cleanup project
under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(X) Assistance provided under section 7007 and 7008
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707, 7708).
(Y) Mutual and self-help housing assistance
provided under section 523 of the Housing Act of 1949
(42 U.S.C. 1490c).
(Z) Site development loans provided under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(AA) Loan guarantees for rural rental housing
provided under section 538 of the Housing Act of 1949
(42 U.S.C. 1490p-2).
(BB) Assistance provided by the Community
Development Financial Institutions Fund established
under section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4703(a)).
(CC) Grants awarded from the Capital Magnet Fund
established under section 1339 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4569).
(DD) Assistance provided under the Connect America
Fund of the Federal Communications Commission under
subpart D of part 54 of title 47, Code of Federal
Regulations (or a successor regulation).
(EE) The Connect Communities Program under section
144.
(FF) Any similar program, as determined by the
Director of the Office of Management and Budget, in
consultation with the heads of the relevant Federal
agencies.
(2) Disabled individual.--The term ``disabled individual''
means an individual with a disability (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
(3) Head of the relevant federal agency.--The term ``head
of the relevant Federal agency'' means the head of a Federal
department or agency that administers or has jurisdiction over
a covered infrastructure program.
(4) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(5) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given the
term in section 3131(e)(3)(B) of the Internal Revenue Code of
1986.
(6) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(7) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY
COMMUNITY
Subtitle A--Creating Local Jobs Across the Country
SEC. 111. TARGETED HIRING REQUIREMENTS FOR CONSTRUCTION JOBS CREATED BY
COVERED INFRASTRUCTURE PROGRAMS.
(a) Definition of Local.--
(1) In general.--In this section, the term ``local'', with
respect to hiring for a project, means hiring within the
geographical boundaries of the area in which the project is
located, as determined by the recipient of assistance under a
covered infrastructure program, in coordination with the head
of the relevant Federal agency, subject to the requirement that
the geographical area shall--
(A) include high-poverty, high-unemployment zip
codes; and
(B) be the size of a county, multi-county,
statewide, or multi-State region.
(2) Savings provision.--Nothing in paragraph (1) prohibits
interstate hiring.
(b) Requirement.--
(1) In general.--Notwithstanding any other provision of law
and to the maximum extent practicable, except to the extent
that the head of the relevant Federal agency determines
otherwise, in the case of any construction project carried out
under a covered infrastructure program, the head of the
relevant Federal agency shall ensure that, of the workers hired
for the project (including workers hired for related
maintenance, service, or operations activities for the
project), the applicable percentage described in paragraph (2)
are hired through local hiring, in partnership with a
registered apprenticeship program, if applicable, or with a
State workforce development board or local workforce
development board, if applicable.
(2) Applicable percentage.--The applicable percentage
referred to in paragraph (1) is--
(A) for fiscal year 2022, 10 percent;
(B) for fiscal year 2023, 20 percent;
(C) for fiscal year 2024, 30 percent;
(D) for fiscal year 2025, 40 percent; and
(E) for fiscal year 2026 and each fiscal year
thereafter, 50 percent.
(c) Priority.--In carrying out subsection (b), the head of the
relevant Federal agency shall ensure that the entity carrying out the
project gives priority to--
(1) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and disabled individuals;
(2) veterans; and
(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
(d) Reports and Oversight.--
(1) In general.--Not less frequently than annually, the
Secretary of Labor, in consultation with the heads of the
relevant Federal agencies, shall--
(A) submit to Congress a report on the
implementation of this section; and
(B) make the report under subparagraph (A),
including any related data, publicly available on the
internet.
(2) GAO review.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) carry out a review of the implementation of
this section to determine compliance with this section;
and
(B) submit to Congress a report on the results of
the review under subparagraph (A), including any
suggestions or recommendations for legislative,
regulatory, or other changes to improve the
implementation of this section or compliance with this
section.
SEC. 112. COMPLIANCE WITH COURT ORDERS.
Nothing in this subtitle limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 111(b) because a Federal
court issues a final order in which the court finds that a requirement
or the implementation of that section is unconstitutional.
Subtitle B--Rebuilding Our Infrastructure With American Business
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Owned and controlled.--The term ``owned and
controlled'', with respect to a business, means--
(A) ownership of at least 51 percent of the
business, or in the case of any publicly owned
business, ownership of at least 51 percent of the
stock; and
(B) control of the management and daily business
operations of the business.
(2) Small business concern.--
(A) In general.--The term ``small business
concern'' means a small business concern (within the
meaning of section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
(B) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or individuals
that have average annual gross receipts during the
preceding 3 fiscal years in excess of $23,980,000, as
adjusted annually by the head of the relevant Federal
agency for inflation.
(3) Socially or economically disadvantaged individual.--The
term ``socially or economically disadvantaged individual''
means any socially and economically disadvantaged individuals
within the meaning of section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act.
SEC. 122. INCREASING MEANINGFUL SMALL BUSINESS PARTICIPATION.
(a) In General.--Except to the extent that the head of the relevant
Federal agency determines otherwise--
(1) not less than the percentage described in subsection
(b) for the applicable fiscal year of the amounts made
available for each covered infrastructure program shall be
expended through small business concerns; and
(2) not less than the percentage described in subsection
(b) for the applicable fiscal year of the total number of
projects that receive assistance under each covered
infrastructure program shall be subcontracted through a small
business concern.
(b) Percentage Described.--The percentage referred to in each of
paragraphs (1) and (2) of subsection (a) is--
(1) for fiscal year 2022, 6 percent;
(2) for fiscal year 2023, 12 percent;
(3) for fiscal year 2024, 19 percent;
(4) for fiscal year 2025, 26 percent; and
(5) for fiscal year 2026 and each fiscal year thereafter,
33 percent.
(c) Report.--Not less frequently than once each fiscal year, the
Administrator of the Small Business Administration, in consultation
with the heads of the relevant Federal agencies, shall submit to
Congress a report on the implementation of subsection (a).
SEC. 123. REQUIRING MEANINGFUL PARTICIPATION FROM TARGETED BUSINESSES.
(a) Purpose.--The purpose of this section is to ensure that
businesses with fewer than 10 employees, which are Main Street
businesses that anchor neighborhoods and help families build wealth,
have opportunities to participate in projects carried out under covered
infrastructure programs.
(b) Requirement.--Except to the extent that the head of the
relevant Federal agency determines otherwise, not less than the
percentage described in subsection (c) for the applicable fiscal year
of the amounts made available for a covered infrastructure program
shall be expended through businesses with fewer than 10 employees.
(c) Percentage Described.--The percentage referred to in subsection
(b) is--
(1) for fiscal year 2022, 6 percent;
(2) for fiscal year 2023, 12 percent;
(3) for fiscal year 2024, 18 percent;
(4) for fiscal year 2025, 24 percent; and
(5) for fiscal year 2026 and each fiscal year thereafter,
30 percent.
(d) Report.--Not less frequently than once each fiscal year, the
Secretary of Commerce, in consultation with the Administrator of the
Small Business Administration and the heads of the relevant Federal
agencies, shall submit to Congress a report on the implementation of
subsection (b).
SEC. 124. COMPLIANCE WITH COURT ORDERS.
Nothing in this subtitle limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 122(a) or 123(b), as
applicable, because a Federal court issues a final order in which the
court finds that a requirement or the implementation of section 122(a)
or 123(b), as applicable, is unconstitutional.
SEC. 125. EXPANSION OF SMALL BUSINESS ADMINISTRATION SURETY BOND
PROGRAM.
Section 411(a)(1)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 694b(a)(1)(A)) is amended by striking ``$6,500,000'' and
inserting ``$10,000,000''.
Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value
Contracting Analysis
SEC. 131. CREATING A BEST-VALUE ANALYSIS FOR FEDERAL EXPENDITURES ON
INFRASTRUCTURE, USE OF U.S. EMPLOYMENT PLANS, AND
PREFERENCES FOR REGISTERED APPRENTICESHIP PROGRAMS AND
NEUTRALITY IN UNION ORGANIZING.
(a) Definitions.--In this section:
(1) Commitment to high-quality career and business
opportunities.--The term ``commitment to high-quality career
and business opportunities'' means participation in a
registered apprenticeship program.
(2) U.S. employment plan.--The term ``U.S. Employment
Plan'' means a plan under which an entity receiving Federal
assistance for a project under a covered infrastructure program
shall--
(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
(ii) a commitment to recruit and hire
individuals described in section 111(c) if the
project results in the hiring of employees not
currently or previously employed by the bidder
and the supply chain of the bidder for the
project;
(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
(b) Best-Value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other criteria prioritized in the bid, such as--
(A) equity;
(B) environmental and climate justice;
(C) impact on greenhouse gas emissions;
(D) resilience;
(E) the results of a 40-year life-cycle analysis;
(F) safety;
(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs for disadvantaged or
underrepresented individuals in infrastructure
industries in the United States; and
(H) access to jobs and essential services by all
modes of travel for all users, including disabled
individuals;
(2) in evaluating bids, to give at least equal weight to
the criteria described in paragraph (1) as to past performance;
and
(3) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs.
(d) Preference for Neutrality in Union Organizing.--Notwithstanding
any other provision of law, the head of each relevant Federal agency,
in consultation with the Secretary of Labor, shall give preference in
providing assistance under a covered infrastructure program to an
entity that commits to giving preference in awarding contracts and
subcontracts for projects carried out with that assistance to bidders
that have an explicit neutrality policy on any issue involving the
organization of employees for purposes of collective bargaining.
(e) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program, each entity that receives Federal assistance
shall use a U.S. Employment Plan for each contract of $5,000,000 or
more for the purchase of manufactured goods or of services, based on an
independent cost estimate.
(f) Report.--Not less frequently than once each fiscal year, the
heads of the relevant Federal agencies shall jointly submit to Congress
a report describing the implementation of this section.
(g) Intent of Congress.--
(1) In general.--It is the intent of Congress--
(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection
(b)(1) for the purchase of goods and services;
(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs and
neutrality in union organizing as described in
subsections (c) and (d) when evaluating bids for
projects using that assistance;
(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
(2) Inclusion.--A best-value contracting framework
described in subsection (b)(1) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.
Subtitle D--Improving Safety, Connectivity, and Access to Better
Opportunities
SEC. 141. ACCESSIBILITY DATA PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation (referred to in this
section as the ``Secretary'') shall carry out an accessibility data
program (referred to in this section as the ``program'').
(b) Purpose.--The purpose of the program is to develop or procure
an accessibility data set and make that data set available to each
eligible entity selected to participate in the program to improve the
transportation planning of those eligible entities by--
(1) measuring the level of access by multiple
transportation modes to important destinations, which may
include--
(A) jobs, including areas with a concentration of
available jobs;
(B) health care facilities;
(C) child care services;
(D) educational and workforce training facilities;
(E) affordable and accessible housing;
(F) food sources; and
(G) connections between modes, including
connections to--
(i) high-quality transit or rail service;
(ii) safe bicycling corridors; and
(iii) safe sidewalks that achieve
compliance with applicable requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which may include--
(A) low-income populations;
(B) minority populations;
(C) age;
(D) disability; and
(E) geographical location; and
(3) assessing the change in accessibility that would result
from new transportation investments.
(c) Eligible Entities.--An entity eligible to participate in the
program is--
(1) a State (as defined in section 101(a) of title 23,
United States Code);
(2) a metropolitan planning organization; or
(3) a rural planning organization.
(d) Application.--To be eligible to participate in the program, an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including information relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management
experience;
(2) the types of important destinations to which the
eligible entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue; and
(4) a general description of the methodology the eligible
entity intends to apply.
(e) Selection.--The Secretary shall seek to achieve diversity of
participants in the program, including--
(1) by selecting a range of eligible entities that shall
include not less than--
(A) 5 States;
(B) 10 metropolitan planning organizations, of
which--
(i) 5 shall each serve an area with a
population of not more than 200,000 people; and
(ii) 5 shall each serve an area with a
population of 200,000 or more people; and
(C) 5 rural planning organizations; and
(2) among the eligible entities selected under paragraph
(1)--
(A) a range of capacity and previous experience
with measuring transportation access; and
(B) a variety of proposed methodologies and focus
areas for measuring level access.
(f) Duties.--For each eligible entity participating in the program,
the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (b); and
(2) submit the data set to the eligible entity.
(g) Methodology.--In calculating the measures for the data set
under the program, the Secretary shall ensure that methodology is open
source.
(h) Availability.--The Secretary shall make an accessibility data
set under the program available to--
(1) units of local government within the jurisdiction of
the eligible entity participating in the program; and
(2) researchers.
(i) Report.--Not later than 120 days after the last date on which
the Secretary submits data sets to the eligible entity under subsection
(f), the Secretary shall submit to Congress a report on the results of
the program, including the feasibility of developing and providing
periodic accessibility data sets for all States, regions, and
localities.
(j) Public Availability of Data.--The Secretary may make publicly
available on the internet the data sets and the report under subsection
(i).
(k) Funding.--The Secretary shall carry out the program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
SEC. 142. ESTABLISHMENT OF PERFORMANCE MEASURES FOR TRANSPORTATION
ACCESSIBILITY.
(a) Connectivity and Accessibility Performance Measures.--Section
150 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``and in the
case of paragraph (7), not later than 3 years after the
date of enactment of the Build Local, Hire Local Act,''
after ``MAP-21,''; and
(B) by adding at the end the following:
``(7) Multimodal transportation connectivity and
accessibility.--
``(A) Definition of disadvantaged population.--In
this paragraph, the term `disadvantaged population'
means a low-income population, a minority population,
or people with disabilities, as determined by the
Secretary.
``(B) Regulations.--The Secretary shall issue such
regulations as are necessary to establish performance
measures relating to transportation connectivity and
accessibility for States, metropolitan planning
organizations, and units of local government to improve
the connectivity and accessibility of roadways, public
transportation infrastructure, pedestrian and bikeway
infrastructure, and other transportation
infrastructure.
``(C) Inclusions.--The performance measures
established pursuant to subparagraph (B) shall include
measures to assess--
``(i) with respect to the general
population serviced by a transportation
system--
``(I) the change in cumulative
access to employment opportunities and
other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers;
``(II) multimodal choice and
enhanced interconnections among modes--
``(aa) to offer variety of
choice between and among modes;
``(bb) to provide
accessible and reliable
transportation for all users;
and
``(cc) to encourage travel
demand management among local
and statewide employers; and
``(III) any other issues the
Secretary determines to be appropriate;
and
``(ii) with respect to disadvantaged
populations serviced by a transportation
system--
``(I) transportation accessibility
for disadvantaged populations;
``(II) change in cumulative
accessibility for disadvantaged
populations to employment opportunities
and other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers; and
``(III) any other issues the
Secretary determines to be
appropriate.'';
(2) in subsection (d)(1), by striking ``and (6)'' and
inserting ``(6), and (7)''; and
(3) by adding at the end the following:
``(f) Report on Multimodal Transportation Connectivity and
Accessibility.--Not less frequently than annually--
``(1) each State, metropolitan planning organization, and
unit of local government shall submit to the Secretary the
progress of that entity toward achieving the performance
measures under subsection (c)(7); and
``(2) the Secretary shall--
``(A) submit to Congress a report that includes the
results of the reporting under paragraph (1); and
``(B) make publicly available on the internet the
report under subparagraph (A) and any accompanying
data.''.
(b) Highway Metropolitan Planning Coordination.--Section
134(h)(2)(B) of title 23, United States Code, is amended by adding at
the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7).''.
(c) Public Transportation Metropolitan Planning Coordination.--
Section 5303(h)(2)(B) of title 49, United States Code, is amended by
adding at the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7) of title 23.''.
SEC. 143. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Transportation (referred to in
this section as the ``Secretary''), in coordination with the
Administrator of the Federal Highway Administration, the Administrator
of the Federal Transit Administration, the Secretary of Housing and
Urban Development, and the Secretary of Agriculture shall establish a
program (referred to in this section as the ``program'') to provide
technical assistance to local communities adjacent to planned or
existing transportation infrastructure projects to explore design and
policy approaches to create connected, economically prosperous, and
environmentally and physically healthy communities that--
(1) avoid displacement of the current population; and
(2) maximize high-quality jobs in the United States that
pay family-sustaining wages.
(b) Purposes.--The purposes of the program are--
(1) to identify innovative solutions to infrastructure
challenges, including reconnecting communities that--
(A) are bifurcated by infrastructure such as
highways or viaducts;
(B) lack safe, reliable, and affordable
transportation choices; or
(C) have been disconnected due to natural
disasters, in particular, communities in areas that are
being harmed the most by climate change; and
(2) to inform the transportation planning and project life
cycle by actively encouraging community input and feedback.
(c) Application.--To be eligible to receive technical assistance
under the program, a local community described in subsection (a) shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) a description of the ``community team'' that will
participate in the program, which shall consist of--
(A) elected officials;
(B) senior transportation professionals;
(C) State workforce development boards or local
workforce development boards; and
(D) a cross-section of residents of the local
community;
(2) a description of a neighborhood infrastructure
challenge, including all modes and users of transportation, in
the local community that limits access to social or economic
centers or other essential services;
(3) an explanation of the goals the local community aims to
achieve with assistance under the program; and
(4) letters of support from the applicable State department
of transportation and other entities, such as community groups,
transit agencies, port authorities, metropolitan planning
organizations, and political subdivisions of State and local
governments.
(d) Priority.--In selecting local communities to participate in the
program, the Secretary shall give priority to a local community that is
economically disadvantaged.
(e) Technical Assistance.--The Secretary shall provide to a local
community that is selected to participate in the program--
(1) technical assistance to inform, prepare, and enable the
local community to better engage in--
(A) Federal transportation planning;
(B) programming and planning to improve resiliency
and environmental sustainability and reduce greenhouse
gas emissions;
(C) the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(D) life-cycle analysis of a prospective project;
(E) Federal assistance programs; and
(F) policies that maximize the creation of high-
quality jobs in the United States; and
(2) technical expertise through representatives from
regional and national design, architecture, engineering, and
planning firms and public, private, and nonprofit land use
professionals.
(f) Funding.--The Secretary shall use not less than 10 percent of
the amounts made available to carry out section 144 for each fiscal
year to carry out the program.
SEC. 144. CONNECT COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary''), in coordination with
the Administrator of the Federal Highway Administration, the
Administrator of the Federal Transit Administration, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Administrator of the Environmental Protection
Agency, and the Secretary of Agriculture shall carry out a
competitive grant program to be known as the ``Connect
Communities Program'' (referred to in this section as the
``program'') to provide grants for projects to create
connected, economically prosperous, and environmentally and
physically healthy communities in--
(A) areas that are economically disadvantaged,
including areas that have experienced levels of poverty
of 20 percent or more, high levels of outmigration, and
high levels of deindustrialization;
(B) areas that currently lack accessible and
affordable transportation options in terms of--
(i) lack of access to jobs and services;
and
(ii) lack of physical accessibility;
(C) neighborhoods bifurcated by large-scale
infrastructure projects; or
(D) areas that have been negatively impacted by
climate change.
(2) Goals.--The goals of the program are--
(A) to reduce the cost of construction, operations,
and maintenance of arterial highways;
(B) to demonstrate the social, economic, and
environmental benefits that result from replacing a
grade-separated facility with an at-grade boulevard;
(C) to improve neighborhood connectivity, including
the re-establishment of through streets eliminated as a
result of the construction of the grade-separated
facility;
(D) to increase the total acreage of land within
the project corridor returned to productive use,
including commercial, residential, recreational, and
habitat restoration uses;
(E) to improve the resiliency and reduce the
environmental impact of existing infrastructure assets;
and
(F) to increase the connectivity of disadvantaged
communities to economic opportunity.
(b) Eligibility.--
(1) Eligible entities.--An entity eligible to receive a
grant under the program is--
(A) a State (as defined in section 101(a) of title
23, United States Code) or any other territory or
possession of the United States;
(B) an Indian Tribe;
(C) a unit of local government;
(D) a political subdivision of a State or local
government;
(E) a transit agency;
(F) a metropolitan planning organization;
(G) a nonprofit organization, including a community
mission-based organization;
(H) a community development financial institution
(as defined in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4702));
(I) a special purpose district or public authority
with a transportation function, including a port
authority;
(J) a Federal land management agency that applies
jointly with a State or group of States; or
(K) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (J).
(2) Eligible projects.--A project eligible to be carried
out with funds from a grant provided under the program is--
(A) a project for community-based redevelopment,
rehabilitation, or replacement of infrastructure,
including--
(i) the removal of a limited access
highway, a viaduct or overpass, an Interstate
route, an interchange, a bridge, or any other
principal arterial facility that has--
(I) historically had detrimental
effects on minority and low-income
communities; or
(II) created barriers to community
connectivity due to high speeds, grade
separations or other design factors;
and
(ii) if necessary to achieve the purposes
of the program, road realignment or new
construction;
(B) a project to prevent the displacement of
minority or low-income individuals or businesses during
and after redevelopment, rehabilitation, or replacement
of infrastructure;
(C) a project for transit-oriented development in a
low-income area or that benefits low-income individuals
that includes 1 or more of--
(i) transit-supportive, accessible, mixed-
use development (including commercial
development, affordable and accessible housing,
and market-rate housing) that is within 2 miles
of and accessible to 1 or more public
transportation facilities that--
(I) achieve compliance with--
(aa) applicable
requirements of the Americans
with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.); and
(bb) the most recent public
rights-of-way accessibility
guidelines developed by the
Architectural and
Transportation Barriers
Compliance Board established by
section 502(a)(1) of the
Rehabilitation Act of 1973 (29
U.S.C. 792(a)(1)); and
(II) are connected with high
frequency to job centers;
(ii) the facilitation of multimodal
connectivity and accessibility to employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers; and
(iii) an increase in access to transit hubs
for pedestrian and bicycle traffic;
(D) a public transportation project eligible for
assistance under chapter 53 of title 49, United States
Code, that will achieve the purposes of the program,
including--
(i) an investment in intermodal projects;
and
(ii) a new fixed guideway capital project
or a small start project (as those terms are
defined in section 5309(a) of title 49, United
States Code), if a grant under the program will
expedite the completion of the project and the
entry into revenue service of the project;
(E) a passenger rail transportation project that
achieves the purpose of the program;
(F) a project to improve the resiliency of
infrastructure against natural disasters;
(G) a project to reduce the environmental impact of
existing infrastructure assets;
(H) a project to bring a community into compliance
with the performance measures established under section
150(c)(7) of title 23, United States Code; and
(I) any other project that the Secretary determines
would achieve the purpose of the program.
(3) Eligible areas.--An eligible project under paragraph
(2) shall be carried out in an area or neighborhood described
in subparagraphs (A) through (D) of subsection (a)(1).
(c) Applications.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including--
(A) a project plan developed with assistance under
section 143 or independently, as applicable;
(B) a description of how the project meets the
criteria described in subsection (d);
(C) a certification that the eligible entity has
solicited public comments on the project plan that
includes--
(i) a certification that the eligible
entity has held 2 or more public hearings, at
least 1 of which was held outside of standard
business hours in a location that was open and
accessible to the community in which the
proposed project is located;
(ii) a description of the process for
receiving public comments, including
involvement of residents and stakeholders in
the community in which the project will occur;
(iii) a summary of the comments received;
and
(iv) such other information as the
Secretary may require;
(D) a description of how the grant would be used
and the current status of project planning;
(E) a description of how the project will address
the purposes of the program, including plans to avoid
displacement of current residents in the project area;
(F) a description of how the eligible entity will
prioritize the well-being and advancement of
disadvantaged populations through the project and as an
outcome of the project;
(G) an assessment of--
(i) the accessibility of employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers, within
the area to public transportation facilities
and nearby affordable housing; and
(ii) how the proposed project will relate
to identified needs in those areas;
(H) an assessment of transportation options in the
area, including--
(i) public transportation options;
(ii) options for people with low incomes,
people living in high-poverty areas, elderly
people, and people with disabilities; and
(iii) any obstacles to providing access to
locations that offer employment opportunities
and other essential services, including
educational and workforce training locations,
health care facilities, recreational assets,
and supermarkets and grocers;
(I) an assessment of methods for lowering the
combined cost of housing and transportation for
families in the region, particularly for families that
utilize workforce housing and for low-, very low-, and
extremely low-income families;
(J) an assessment of how the project will
revitalize existing communities, including--
(i) the approximate number of jobs the
project will create;
(ii) the services the project will deliver
to workers and the community; and
(iii) any antidisplacement efforts that
will be included in the project;
(K) a plan for evaluating progress in increasing
opportunities for and improvements to the quality of
life for disadvantaged populations and the broader
community in which the project is completed; and
(L) information about the status of applicable
Federal environmental reviews and approvals for the
project, including reviews and approvals under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) Multiple projects.--An eligible entity may submit an
application for multiple projects in 1 application.
(3) Definition of workforce housing.--For the purpose of
paragraph (1)(I), the term ``workforce housing'' means housing,
the cost of which does not exceed 30 percent of--
(A) the amount equal to 120 percent of the median
income in the area, as determined by the Secretary,
with appropriate adjustments for the size of the
family; or
(B) if the Secretary determines that there are
unusually high or low incomes in the area, another
amount, as determined by the Secretary.
(d) Selection.--
(1) In general.--The Secretary shall select projects to
receive grants under the program based on--
(A) how the project will contribute to a state of
good repair for infrastructure assets;
(B) how the project would increase economic
competitiveness, including the effects of revitalizing
communities, neighborhoods, and commercial centers
supported by existing infrastructure;
(C) how the project will support environmental
protection, including resiliency, by increasing demand
for nonmotorized transportation and public
transportation;
(D) how or whether the project will prevent
residents in the area from being forcibly or
unwillingly displaced;
(E) the anticipated effects on quality of life for
all residents in the project area;
(F) whether the project uses innovative strategies,
including innovative technologies, innovative project
delivery, or innovative financing;
(G) the extent to which the project--
(i) is supported by a broad range of
stakeholders;
(ii) demonstrates collaboration among
neighboring and regional jurisdictions; and
(iii) is coordinated with projects with
similar objectives, such as projects for
economic development, housing, water and waste
infrastructure, power and electric
infrastructure, broadband, and land use plans
and policies;
(H) how the project will increase non-Federal
revenue for transportation infrastructure investment;
(I) demonstrated project readiness, including use
of technical assistance under section 143; and
(J) the costs and benefits of the project.
(2) Priority.--The Secretary shall give priority to
projects that have been developed under the technical
assistance program under section 143.
(e) Distribution of Grants.--
(1) In general.--In providing grants under the program, the
Secretary shall ensure--
(A) an equitable geographic distribution of funds;
and
(B) an appropriate balance in addressing the needs
of urban, suburban, rural, and Tribal communities.
(2) Limitation.--For each fiscal year, the Secretary shall
ensure that the total amount of funds provided through grants
under the program for each State is not more than $150,000,000.
(f) Amount of Grant.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (e)(2), a grant provided under the
program shall be in an amount that is not less than $5,000,000.
(2) Rural and tribal areas.--In the case of a project in a
rural area (as defined in section 101(a) of title 23, United
States Code), or in a Tribal area, a grant provided under the
program shall be in an amount that is not less than $1,000,000.
(g) Use of Funds.--
(1) In general.--Subject to paragraph (2), an eligible
entity that receives a grant under the program may use the
grant funds for--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities; and
(B) construction, reconstruction, rehabilitation,
replacement, acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies,
and acquisition of equipment.
(2) Limitation.--Not more than 20 percent of the amount of
the grant may be used for the activities described in paragraph
(1)(A).
(h) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program shall not exceed 80 percent.
(2) Hardship areas.--The Federal share of the cost of a
project carried out with a grant under the program may be up to
100 percent if the Secretary identifies the area in which the
project will be carried out as a hardship area, as determined
by the Secretary.
(i) TIFIA Program.--On the request of an eligible entity, the
Secretary may use 5 percent of the grant for the purpose of paying the
subsidy and administrative costs necessary to provide Federal credit
assistance under chapter 6 of title 23, United States Code, for the
project.
(j) Standards.--Notwithstanding any other provision of law, a
project carried out with a grant under the program shall not be subject
to the traffic volume requirements under section 109(b) of title 23,
United States Code.
(k) Performance Measures.--
(1) In general.--For each year until the project is
completed, each eligible entity that receives a grant under the
program shall agree to establish, in coordination with the
Secretary, performance measures and reporting requirements in
addition to measures and requirements under this section that
shall be met at the end of each year in which the eligible
entity receives funds under the grant program.
(2) Violation of grant agreement.--If the Secretary
determines that an eligible entity has not met the performance
measures established under paragraph (1), is not making
reasonable progress toward meeting those measures, or is
otherwise in violation of the grant agreement, the Secretary
may--
(A) withhold additional financial assistance until
the performance measures are met; or
(B) terminate the grant agreement.
(l) Community Advisory Board.--
(1) In general.--For each project carried out with a grant
under the program, the eligible entity shall form a community
advisory board.
(2) Composition.--A community advisory board shall be
composed of representatives of--
(A) the relevant State and units of local
government;
(B) the relevant State workforce development board
or local workforce development board;
(C) relevant metropolitan planning organizations;
(D) labor organizations;
(E) residents or organizational representation of
the area in which the project is occurring; and
(F) any other relevant representatives important to
the implementation of the project, such as a county
board of developmental disabilities, as determined by
the eligible entity, in coordination with the
Secretary.
(3) Duties.--A community advisory board shall, with respect
to the applicable project--
(A) ensure community engagement, transparency, and
accountability in carrying out each stage of the
project; and
(B) track, evaluate, and report progress on clear
and meaningful indicators related to--
(i) targeted hiring commitments;
(ii) quality wage, benefits, and training
commitments;
(iii) goals for participation by small
businesses and businesses in accordance with
section 123(b) in the project;
(iv) progress made on the objectives of the
program as described in subsection (a); and
(v) any other relevant areas, as determined
by the eligible entity, in coordination with
the Secretary.
(4) Stipend.--The eligible entity may provide a stipend to
representatives on the community advisory board based on the
expressed need of representatives, on approval by the
Secretary.
(m) Reports.--
(1) In general.--Not less frequently than once each year,
each eligible entity that receives a grant under the program,
in coordination with the applicable community advisory board
under subsection (l), shall submit to the Secretary periodic
reports on the use of the grant funds.
(2) Contents.--A periodic report under paragraph (1) shall
include--
(A) the amount of Federal funds received,
obligated, and expended by the eligible entity under
the program;
(B) the number of projects that have been put out
to bid using the grant funds and the amount of Federal
funds associated with each project;
(C) the number of projects for which contracts have
been awarded for the project carried out under the
program and the amount of Federal funds associated with
the contracts;
(D) the number of projects for which work has begun
under the contracts referred to in subparagraph (C) and
the amount of Federal funds associated with the
contracts;
(E) the number of projects for which work has been
completed under the contracts referred to in
subparagraph (C) and the amount of Federal funds
associated with the contracts;
(F) the number of direct, on-project jobs created
or sustained by the Federal funds provided for projects
under the program and, to the extent possible, the
estimated indirect jobs created or sustained in the
associated supplying industries, including--
(i) the number of job-years created and the
total increase in employment in the project
area since the date of enactment of this Act;
and
(ii) information on local hiring, hiring of
economically disadvantaged individuals, and
hiring of individuals with a barrier to
employment (including ex-offenders) and
disabled individuals, with respect to the
project;
(G) an analysis of the contracts awarded that
indicates participation levels of small businesses and
disadvantaged businesses;
(H) suggestions for improvements in transportation
accessibility for disadvantaged populations, based on
criteria developed by the Secretary; and
(I) any other criteria the Secretary determines to
be appropriate.
(3) Report to congress.--Each fiscal year, the Secretary
shall transmit to Congress the reports received by the
Secretary under paragraph (1).
(4) GAO report on infrastructure removals.--Not later than
2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report on infrastructure removal, including--
(A) an identification of examples of projects to
remove infrastructure using assistance from a covered
infrastructure program;
(B) an evaluation of the effect of infrastructure
removal projects on the surrounding area, including
impacts to the local economy, congestion effects,
safety outcomes, and impacts on the movement of freight
and people;
(C) an analysis of the costs and benefits of
removing underutilized infrastructure assets that are
nearing the end of the useful life of the assets
compared to replacing or reconstructing the assets; and
(D) recommendations for integrating the findings
and results under subparagraphs (A) through (C) into
infrastructure planning and decisionmaking processes.
(n) Funding.--There is authorized to be appropriated to carry out
the program $5,000,000,000 for each of fiscal years 2022 through 2026.
TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE
SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CAREERS PROGRAM.
(a) Definitions.--
(1) WIOA definitions.--In this section--
(A) the terms ``career pathway'', ``community-based
organization'', ``individual with a barrier to
employment'', ``industry or sector partnership'',
``integrated education and training'', ``recognized
postsecondary credential'', and ``workforce development
system'' have the meanings given those terms in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102); and
(B) the term ``postsecondary educational
institution'' has the meaning given the term in section
203 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272).
(2) Other definitions.--In this section:
(A) Career and technical education.--The term
``career and technical education'' has the meaning
given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(B) Eligible entity.--The term ``eligible entity''
means--
(i) a local workforce development board;
(ii) a State workforce development board;
(iii) an industry or sector partnership,
which may be led by any member of such
partnership, including--
(I) a community-based organization;
(II) a recognized State labor
organization, central labor council, or
another labor representative, as
appropriate; or
(III) an education or training
provider; or
(iv) any combination of entities described
in any of clauses (i) through (iii).
(C) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(D) Supportive services.--The term ``supportive
services'' means services such as transportation, child
care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this Act or
under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.).
(E) Targeted infrastructure industry.--The term
``targeted infrastructure industry'' means an
infrastructure industry, including transportation
(including surface, transit, aviation, or railway
transportation), construction, energy, water,
information technology, or utilities industries, that
the eligible entity identifies in accordance with
subsection (c)(2)(A).
(F) Work-based learning program.--The term ``work-
based learning program'' means a program that provides
workers with paid work experience and corresponding
classroom instruction, delivered in an employment
relationship that both the business and worker intend
to be permanent.
(b) Establishment of Building American Infrastructure and Careers
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
establish a program, to be known as the ``Building American
Infrastructure and Careers Program'', to provide grants under
paragraph (2) to eligible entities for the purposes of--
(A) promoting careers and quality employment
practices in targeted infrastructure industries among
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industries;
(B) leveraging the existing capacity of workforce
development systems through demonstrated partnerships
to strategically facilitate and align quality training,
including industry or sector partnerships, registered
apprenticeship programs, and pre-apprenticeship
programs affiliated with registered apprenticeship
programs, and hiring that create a pipeline of
qualified workers; and
(C) advancing efficiency and performance on
projects in targeted infrastructure industries.
(2) Grants.--
(A) In general.--The Secretary, in consultation
with the Secretary of Transportation, the Secretary of
Energy, the Secretary of Commerce, the Secretary of
Education, the Administrator of the Environmental
Protection Agency, and the Chief of Engineers of the
Army Corps of Engineers, shall award grants on a
competitive basis to eligible entities that submit an
application meeting the requirements under subsection
(c) for such eligible entities to, subject to
subparagraph (E), carry out a job training program
including the activities described in subsection (d)
for assisting individuals with a barrier to employment
(including ex-offenders), veterans, or individuals who
are traditionally underrepresented in the targeted
infrastructure industry, in obtaining and maintaining
employment in a targeted infrastructure industry.
(B) Types of grants.--A grant awarded under this
section may be in the form of--
(i) an implementation grant, for entities
seeking an initial grant under this section, in
order for such entity to establish and carry
out a job training program described in
subparagraph (A); or
(ii) a renewal grant for entities that have
already received an implementation grant under
this section for such a job training program,
in order for such entity to continue carrying
out such job training program.
(C) Duration.--Each grant awarded under this
section shall be for a period not to exceed 3 years.
(D) Amount.--The amount of a grant awarded under
this section may not exceed--
(i) for an implementation grant,
$2,500,000; and
(ii) for a renewal grant, $1,500,000.
(E) Construction industry.--Notwithstanding any
other provision in this section, if the targeted
infrastructure industry for a grant awarded under this
section is the construction industry, the grant shall
only be available for the establishment or operation of
a pre-apprenticeship program affiliated with a
registered apprenticeship program.
(3) Award basis.--
(A) Geographic diversity.--The Secretary shall
award grants under this section in a manner that
ensures geographic diversity in the areas in which
activities will be carried out under the grants,
including a balance between rural and tribal areas and
urban areas.
(B) Priority for targeted hiring or u.s. employment
plan projects.--In awarding grants under this section,
the Secretary shall give priority to eligible entities
that--
(i) ensure that not less than 50 percent of
the workers hired to participate in the job
training program are hired through local hiring
in accordance with section 111, including by
prioritizing individuals with a barrier to
employment (including ex-offenders), disabled
individuals, veterans, and individuals that
represent populations that are traditionally
underrepresented in the infrastructure
workforce; or
(ii) ensure the commitments described in
clauses (i) and (ii) of section 131(a)(2)(A)
with respect to carrying out the job training
program.
(C) Priority for renewal grants.--In awarding
renewal grants under this section, the Secretary shall
give priority to eligible entities that demonstrate
long-term sustainability of an industry or sector
partnership.
(c) Application Process.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may reasonably require, including the contents
described in paragraph (2).
(2) Contents.--An application submitted under paragraph (1)
shall contain, at a minimum--
(A) an identification of the targeted
infrastructure industry to be served by the job
training program supported by a grant under this
section;
(B) a description of the individuals with a barrier
to employment, veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, that will be served by such
program, including--
(i) an analysis of the labor market in the
targeted infrastructure industry;
(ii) a description of the barriers to
employment that may affect such individuals;
and
(iii) a description of strategies that the
program will employ to help such individuals
overcome such barriers;
(C) a description of the credentials that the
program will assist such individuals in obtaining,
which credentials--
(i) shall be nationally portable;
(ii) shall be recognized postsecondary
credentials or, if not available for the
industry, other credentials determined by the
Secretary to be appropriate; and
(iii) shall be related to the targeted
infrastructure industry; and
(D) a description of the services described in
subsection (d)(3) that the program will offer to such
individuals.
(d) Activities.--
(1) In general.--Each job training program supported under
this section--
(A) shall include--
(i) activities designed to achieve the
strategic objectives described in paragraph
(2); and
(ii) the services described in paragraph
(3) for individuals with a barrier to
employment (including ex-offenders), veterans,
or individuals who are traditionally
underrepresented in the targeted infrastructure
industry; and
(B) may include a partnership between the eligible
entity and an employer to assist such employer in
carrying out a work-based learning program, including a
registered apprenticeship program or a pre-
apprenticeship program affiliated with a registered
apprenticeship program.
(2) Strategic objectives.--The strategic objectives
described in this paragraph are the following:
(A)(i) Recruiting key stakeholders in the targeted
infrastructure industry, which stakeholders may include
employers, labor organizations, local workforce
development boards, and education and training
providers, including providers of career and technical
education.
(ii) Regularly convening such stakeholders in a
collaborative manner that supports the sharing of
information, ideas, and challenges, which are common to
the targeted infrastructure industry.
(B) Identifying the training needs of employers in
the targeted infrastructure industry, including--
(i) needs for skills critical to
competitiveness and innovation in such
industry;
(ii) needs of registered apprenticeship
programs, pre-apprenticeship programs
affiliated with registered apprenticeship
programs, or other work-based learning programs
that may be supported by a grant under this
section; and
(iii) needs for the alignment of a job
training program supported under this section
with career pathways.
(C) Facilitating actions, through industry or
sector partnerships, registered apprenticeship
programs, or pre-apprenticeship programs affiliated
with registered apprenticeship programs, that lead to
economies of scale by aggregating training and
education needs of multiple employers in the targeted
infrastructure industry.
(D) Assisting postsecondary educational
institutions, training institutions, sponsors of
registered apprenticeship programs, and all other
providers of career and technical education and
training programs that may be receiving assistance
under this section, align curricula, entrance
requirements, and programs to the targeted
infrastructure industry needs and the credentials
described in subsection (c)(2)(C), particularly for
high-skill, high-priority occupations related to the
targeted infrastructure industry.
(E) Providing information on the activities carried
out through the job training program supported under
this section to the State agency carrying out the State
program under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), including staff of the agency that provide
services under such Act, to enable the agency to inform
recipients of unemployment compensation of the
employment and training opportunities that may be
offered through such job training program supported
under this section.
(F) Assisting employers in the targeted
infrastructure industry to attract potential workers
from a diverse jobseeker base, including individuals
with a barrier to employment (including ex-offenders),
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, by identifying any such barriers, reasons for
such underrepresentation, or related issues for
veterans through analysis of the labor market in the
targeted infrastructure industry and implementing
strategies to help such individuals overcome such
barriers, reduce such underrepresentation, and address
such issues.
(3) Services.--
(A) In general.--Each job training program
supported by a grant under this section shall provide
services to individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, which may include--
(i) pre-employment services as described in
subparagraph (B); and
(ii) employment services as described in
subparagraph (C).
(B) Pre-employment services.--The pre-employment
services described in this subparagraph may include--
(i) skills training, including career and
technical education, and integrated education
and training, with respect to the targeted
infrastructure industry;
(ii) initial assessments of such
individuals;
(iii) services to provide work attire and
necessary tools for a work site in the targeted
infrastructure industry;
(iv) supportive services, such as child
care and transportation;
(v) mentoring services; and
(vi) job placement assistance.
(C) Employment services.--The employment services
described in this subparagraph are services provided to
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, and that are employed in a
work-based learning program in the targeted
infrastructure industry. A job training program
supported by a grant under this section shall provide
such services to such individuals during their first 6
months of employment through such program, to assure
the individuals succeed in the program. Such services
may include--
(i) ongoing case management and services,
including the services described in
subparagraph (B);
(ii) continued skills training, including
career and technical education, integrated
education and training, and soft-skills
training such as problem solving and leadership
training, conducted in collaboration with the
employers of such individuals;
(iii) additional mentorship and retention
supports for such individuals; and
(iv) targeted training for the employer
participating in the work-based learning
program, including for frontline managers,
journey level workers (such as mentors) working
with individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, and human resource representatives of
the employer.
(e) Evaluations.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
prepare and submit a report to Congress that evaluates the
effectiveness of the grants awarded under this section in
advancing the strategic objectives described in subsection
(d)(2), and the purposes described in subsection (b)(1).
(2) Data.--The report required under paragraph (1) shall
provide and analyze each of the following:
(A) The number of participants in job training
programs supported under this section, disaggregated by
age, race or ethnicity, gender, status as an individual
with a barrier to employment, and income.
(B) The percentage of such participants who were in
unsubsidized employment prior to enrolling in such
program.
(C) The median earnings of such participants prior
to enrolling in such program.
(D) The percentage of such participants who are in
unsubsidized employment during the second quarter after
exit from such program and salary statistics of such
participants, including mean and median earnings.
(E) The percentage of such participants who are in
unsubsidized employment during the fourth quarter after
exit from such program and the salary statistics of
such participants, including mean and median earnings.
(F) The percentage of such participants who obtain
a recognized postsecondary credential, or a secondary
school diploma or its recognized equivalent, during
participation in or within 1 year after exit from such
program.
(G) The percentage of such participants who, during
a program year, are in an education or training program
that leads to a recognized postsecondary credential or
employment and who are achieving measurable skill gains
toward such a credential or employment.
SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) has an affiliate network in not less than 3
communities and across not less than 2 States;
(B) has the programmatic capability to serve
individuals with a barrier to employment or individuals
who are traditionally underrepresented in
infrastructure industries;
(C) has clearly and convincingly demonstrated that
it has the capacity to provide technical assistance to
entities carrying out job training programs under
section 201; and
(D) submits an application in accordance with
subsection (c).
(2) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' has the meaning
given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Capacity Building Program.--The Secretary shall reserve 10
percent of the amounts appropriated under section 203 to award grants,
contracts, or other agreements or arrangements as the Secretary
determines appropriate, to eligible entities for the purpose of
building the capacity of entities receiving a grant under section 201
to implement the activities described in subsection (d) of such section
to more effectively serve individuals with a barrier to employment,
including ex-offenders, veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure industry served through
the job training program supported under such section 201.
(c) Application.--An entity seeking an award under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may reasonably
require.
(d) Use of Funds.--An award made under this section may be used to
provide technical assistance to entities receiving a grant under
section 201 in order for such entities to carry out the activities
described in subsection (d) of that section. Such technical assistance
may include assistance with--
(1) the development and training of staff;
(2) the provision of outreach, intake, assessments, and
service delivery;
(3) the coordination of services across providers and
programs; and
(4) the development of performance accountability measures.
(e) Amount.--The amount of a grant awarded under this section may
not exceed $5,000,000.
(f) Report.--An eligible entity receiving a grant under this
section shall, not later than 6 months after the grant is awarded,
submit to the Secretary a report that includes--
(1) a description of the impact of the technical assistance
provided under this section on the outcomes of grants under
section 201; and
(2) such other criteria as determined by the Secretary.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000,000 for each of fiscal years 2022 through 2026.
TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS
SEC. 301. WAGE RATE.
(a) Davis-Bacon Act.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2022 and each fiscal year thereafter, all
laborers and mechanics employed by contractors or
subcontractors on projects assisted in whole or in part under a
covered infrastructure program, including projects described in
paragraph (3) assisted in whole or in part under such programs,
without regard to the form or type of Federal assistance
provided under such program, shall be paid wages at rates not
less than those prevailing on projects of a similar character
in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United
States Code (commonly known as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(3) Revolving loan funds.--A project described in this
paragraph is a project, in the case of a covered infrastructure
program that capitalizes revolving loan funds, that is assisted
in whole or in part with amounts deposited in the revolving
loan fund, including loan repayments and interest earned.
(b) Service Employees.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2022 and each fiscal year thereafter, all
service employees who are not covered under subsection (a)
shall be paid a wage and fringe benefits that are not less than
the minimum wage and fringe benefits determined in accordance
with paragraphs (1) and (2), respectively, of section 6703 of
title 41, United States Code.
(2) Definition of service employee.--In this subsection,
the term ``service employee''--
(A) means an individual employed by a contractor or
subcontractor in the performance of a project that is
assisted in whole or in part under a covered
infrastructure program, without regard to the form or
type of Federal assistance provided under such program,
and that the principal purpose of which is to furnish
services in the United States;
(B) includes an individual without regard to any
contractual relationship alleged to exist between the
individual and a contractor or subcontractor; but
(C) does not include an individual employed in a
bona fide executive, administrative, or professional
capacity, as those terms are defined in part 541 of
title 29, Code of Federal Regulations.
(3) Authority.--With respect to paragraphs (1) and (2), the
Secretary of Labor shall have the authority and functions set
forth in chapter 67 of title 41, United States Code.
SEC. 302. RAISE LABOR STANDARDS, IMPROVE WORKING CONDITIONS, AND
STRENGTHEN WORKERS' BARGAINING POWER.
(a) Definitions.--In this section--
(1) the term ``covered award'' means an award of not less
than $500,000 made to an entity under a covered infrastructure
program by the head of the relevant Federal agency; and
(2) the term ``covered subaward'' means a subaward of not
less than $500,000 made to an entity under a covered
infrastructure program by another entity receiving a covered
award.
(b) Required Pre-Grant, Loan, or Contract Award Actions.--
(1) Disclosures.--The head of a relevant Federal agency
shall require an entity applying for a covered award--
(A) to represent, to the best of the entity's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
entity in the preceding 3 years for violations of--
(i) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
(ii) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(iii) the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.);
(iv) the National Labor Relations Act (29
U.S.C. 151 et seq.);
(v) subchapter IV of chapter 31 of title
40, United States Code (commonly known as the
``Davis-Bacon Act'');
(vi) chapter 67 of title 41, United States
Code (commonly known as the ``Service Contract
Act'');
(vii) Executive Order 11246 (42 U.S.C.
2000e note; relating to equal employment
opportunity), including any amendment to such
Executive order;
(viii) section 503 of the Rehabilitation
Act of 1973 (29 U.S.C. 793);
(ix) section 4212 of title 38, United
States Code;
(x) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.);
(xi) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(xii) the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.);
(xiii) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.);
(xiv) Executive Order 13658 (79 Fed. Reg.
9851; relating to establishing a minimum wage
for contractors);
(xv) subsection (h) of this section; or
(xvi) equivalent State laws, as defined in
guidance issued by the Secretary of Labor; and
(2) to require any applicant for a covered subaward from
the entity--
(A) to represent to the best of the applicant's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
applicant in the preceding 3 years for violations of
any of the labor laws listed in paragraph (1); and
(B) to update such information not less than every
6 months for the duration of the covered subaward.
(c) Pre-Award Corrective Measures.--The head of a relevant Federal
agency shall, prior to awarding a covered award, provide an entity that
makes a disclosure under subsection (b)(1) an opportunity to report any
steps taken to correct a violation of or improve compliance with the
labor laws listed in subsection (b)(1), including any agreements
entered into by the entity with an enforcement agency.
(d) Disclosure of Violations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish a
website that--
(A) is available to the public at no cost;
(B) indicates each violation disclosed under
subsection (b) or (e)(1) with respect to an entity
applying for, or receiving, a covered award or covered
subaward until such violation is corrected and the
entity is in compliance with all labor laws listed in
subsection (b)(1); and
(C) is designed to enable interested parties to
easily identify entities applying for, or receiving,
covered awards or covered subawards that are in
violation of any labor laws listed in subsection (b)(1)
and steps taken by such entities to correct the
violations or improve compliance with such laws.
(2) Fulfilling reporting requirements.--The Secretary of
Labor, in consultation with the Director of the Office of
Management and Budget and the heads of the relevant Federal
agencies, shall include on the website established under
paragraph (1) the ability for all entities that apply for or
receive covered awards or covered subawards to fulfill
reporting requirements under this section.
(3) Agency cooperation.--The heads of the relevant Federal
agencies shall provide the Secretary of Labor with the data
necessary to maintain the website established under paragraph
(1).
(e) Post-Award Grant, Loan, or Contract Actions.--
(1) Information updates.--The head of a relevant Federal
agency shall require each entity receiving a covered award or
covered subaward to, not later than once every 6 months, update
the information provided under paragraph (1) or (2), as
applicable, of subsection (b).
(2) Corrective actions.--
(A) Entity awarded assistance.--The head of a
relevant Federal agency, in consultation with the Labor
Compliance Advisor designated by such head under
subsection (f) and in coordination with the heads of
the other relevant Federal agencies as applicable,
shall determine whether any information provided under
paragraph (1) by an entity receiving a covered award
warrants corrective action. Such action--
(i) may include--
(I) an agreement requiring
appropriate remedial measures;
(II) compliance assistance;
(III) resolving issues to avoid
further violations;
(IV) the decision not to exercise
an option on assistance awarded or to
terminate the assistance awarded; or
(V) in coordination with the heads
of the other relevant Federal agencies,
the decision to debar or suspend the
entity from future participation in any
of the covered infrastructure programs;
and
(ii) shall include disclosure on the
website established under subsection (d).
(B) Subawards.--An entity that receives a covered
award, in consultation with head of the relevant
Federal agency and the Labor Compliance Advisor
designated by such head under subsection (f), shall
determine whether any information provided under
subsection (b)(2) by a recipient of a covered subaward
warrants corrective action, including remedial
measures, compliance assistance, and resolving issues
to avoid further violations.
(3) Department of labor investigations.--The Secretary of
Labor shall, as appropriate, inform the heads of the relevant
Federal agencies of investigations by the Secretary of entities
receiving covered awards or covered subawards for purposes of
determining the appropriateness of actions described in
subparagraphs (A) and (B) of paragraph (2).
(f) Labor Compliance Advisors.--
(1) In general.--Each head of a relevant Federal agency
shall designate a senior official to serve as the Labor
Compliance Advisor for the agency.
(2) Duties.--The Labor Compliance Advisor shall--
(A) meet quarterly with the Deputy Secretary,
Deputy Administrator, or equivalent official of the
agency with regard to matters covered under this
section;
(B) work with officials of the agency to promote
greater awareness and understanding of--
(i) the labor laws listed in subsection
(b)(1), including recordkeeping, reporting, and
notice requirements under such laws; and
(ii) best practices for compliance with
such laws;
(C) advise the head of the relevant Federal agency
whether agreements are in place or are otherwise needed
to address appropriate remedial measures, compliance
assistance, steps to resolve issues to avoid violations
of the labor laws listed in subsection (b)(1), or other
related matters concerning entities applying for or
receiving covered awards or covered subawards;
(D) coordinate assistance for entities that apply
for or receive covered awards or covered subawards that
are seeking help in addressing and preventing
violations of such labor laws;
(E) in consultation with the Secretary of Labor or
other relevant enforcement agencies, provide assistance
to the head of the relevant Federal agency regarding
appropriate actions to be taken in response to
violations, by entities applying for or receiving
covered awards or covered subawards, of the labor laws
listed in subsection (b)(1) identified prior to or
after receipt of such awards, and to address complaints
in a timely manner, by--
(i) providing assistance to officials of
the agency in reviewing the information
provided under subsections (b) and (e)(1), or
other information indicating a violation of
such a labor law, in order to assess the
serious, repeated, willful, or pervasive nature
of such violation and evaluate steps entities
applying for or receiving covered awards or
covered subawards have taken to correct
violations of or improve compliance with such
laws;
(ii) helping officials of the agency
determine the appropriate response to address
violations of the labor laws listed in
subsection (b)(1), or other information
indicating such violations, particularly
serious, repeated, willful, or pervasive
violations, including agreements requiring
appropriate remedial measures, decisions not to
award assistance or exercise an option on an
award of assistance, termination of an award of
assistance, or referral of details to be posted
on the website established under subsection
(d);
(iii) providing assistance to officials of
the agency in receiving and responding to, or
making referrals of, complaints alleging
violations of the labor laws listed in
subsection (b)(1) by entities applying for or
receiving covered awards or covered subawards;
(iv) supporting officials of the agency in
the coordination of actions taken pursuant to
this section to ensure agency-wide consistency,
to the extent practicable; and
(v) as appropriate, sending information to
agency suspension and debarment officials in
accordance with agency procedures;
(F) consult with the head of the relevant Federal
agency, and the Secretary of Labor as necessary, in the
development of regulations, policies, and guidance
addressing compliance with the labor laws listed in
subsection (b)(1) by entities applying for or receiving
covered awards or covered subawards;
(G) make recommendations to the head of the
relevant Federal agency to strengthen agency management
of compliance with such labor laws by entities applying
for or receiving covered awards or covered subawards;
(H) publicly report, on an annual basis, a summary
of actions taken by the head of the relevant Federal
agency to promote greater compliance with the labor
laws listed in subsection (b)(1), including the head's
response to serious, repeated, willful, or pervasive
violations of such labor laws; and
(I) participate in the interagency meetings
regularly convened by the Secretary of Labor under
subsection (g)(2).
(g) Measures To Ensure Government-Wide Consistency.--Not later than
1 year after the date of enactment of this Act, the Secretary of Labor
shall--
(1) develop a process--
(A) for the Labor Compliance Advisors designated
under subsection (f) to consult with the Secretary of
Labor in carrying out the responsibilities of such
Advisors under subsection (f)(2)(E); and
(B) by which the head of the relevant Federal
agencies and Labor Compliance Advisors may give
appropriate consideration to determinations and
agreements made by the Secretary of Labor and such
heads;
(2) regularly convene interagency meetings of Labor
Compliance Advisors to share and promote best practices for
improving compliance with the labor laws listed in subsection
(b)(1); and
(3) designate an appropriate contact within the Department
of Labor with whom the heads of the relevant Federal agencies
may consult with respect to requirements and activities under
this section.
(h) Workforce Diversity Programs.--
(1) In general.--The head of a relevant Federal agency, in
coordination with the Secretary of Labor, shall require each
entity that has not less than 50 employees and receives a
covered award or covered subaward to develop and maintain a
workforce diversity program in accordance with this subsection
to ensure equal employment opportunity through the recruitment,
selection, and advancement of individuals who are qualified for
the applicable position and who are individuals with a barrier
to employment (including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or veterans.
(2) Structure of workforce diversity programs.--A workforce
diversity program required under paragraph (1) of an entity
described in such paragraph shall include programs, policies,
practices, and procedures that fulfill the purposes of this
subsection. Such programs, policies, practices, and procedures
shall--
(A) contain a diagnostic component that includes
more than 1 quantitative analysis designed to evaluate
the composition of the workforce of the entity and
compare such composition to the composition of other
relevant workforces;
(B) include action-oriented programs, such as
programs for training and outreach;
(C) include internal auditing and reporting systems
as a means of--
(i) measuring the entity's progress toward
achieving a diverse workforce; and
(ii) monitoring and examining employment
decisions and compensation systems to evaluate
the impact of those systems on diverse
applicants and employees;
(D) be incorporated into the entity's personnel
policies, practices, and procedures;
(E) be updated annually for the duration of the
project assisted by the covered award or covered
subaward; and
(F) be readily available for reporting to the
Secretary for the purposes of compliance review.
(3) Designation of responsibility.--An entity described in
paragraph (1) shall provide for the implementation of the
workforce diversity program required under such paragraph by--
(A) assigning responsibility and accountability to
an official of the entity; and
(B) providing the assigned official with the
authority, resources, and support of and access to top
management of the entity to ensure the effective
implementation of such program.
(4) Identification of problem areas.--
(A) In general.--An entity described in paragraph
(1) shall perform an in-depth analysis of the
employment process of the entity to determine--
(i) whether impediments to equal employment
opportunity exist in such process; and
(ii) if such impediments exist, the aspects
of such process in which such impediments
exist.
(B) Evaluations.--An analysis under subparagraph
(A) shall include an analysis of--
(i) whether, across different positions of
the entity, there are problems of utilization
or distribution of individuals who are
qualified for such positions and are
individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans;
(ii) personnel activity to determine
whether there are selection disparities, which
such analysis may include an analysis of the
number of applications and interviews, hires,
terminations, promotions, and other personnel
actions of the entity;
(iii) compensation systems to determine
whether there are disparities in compensation;
(iv) selection, recruitment, referral, and
other personnel procedures to determine whether
such procedures result in disparities in the
employment or advancement of individuals who
are qualified for the applicable position and
are individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans; and
(v) any other issue that may impact the
success of the workforce diversity program
required of the entity under paragraph (1).
(5) Action-oriented programs.--An entity described in
paragraph (1) shall develop and execute action-oriented
programs designed to--
(A) correct any problem areas identified under this
subsection; and
(B) attain established goals and objectives that--
(i) require the entity to follow different
procedures than those procedures that may have
previously produced inadequate results; and
(ii) demonstrate the entity has made good
faith efforts to remove identified barriers to
workforce diversity, expand employment
opportunities, and produce measurable results
to achieve improved workforce diversity.
(6) Internal audit and reporting system.--An entity
described in paragraph (1) shall develop and implement an
auditing system that periodically measures the effectiveness of
the workforce diversity program developed and maintained by the
entity under such paragraph. Such system shall include
requirements for the entity to--
(A) monitor records of all personnel activity,
including referrals, placements, transfers, promotions,
terminations, and compensation, at all levels of
employment with the entity to ensure the workforce
diversity program is carried out in accordance with the
purposes of this subsection;
(B) require internal reporting on a scheduled basis
as to the degree to which equal employment opportunity
and organizational objectives are attained;
(C) review the results of reports required under
this subsection with all levels of management of the
entity; and
(D) advise top management of the entity of the
effectiveness of the program and submit recommendations
to improve unsatisfactory performance with respect to
the program.
(7) Compliance status.--
(A) In general.--In determining whether an entity
described in paragraph (1) has complied with the
requirements for the workforce diversity program under
this subsection, the head of the relevant Federal
agency, in coordination with the Secretary of Labor,
shall--
(i) review the nature and extent of the
entity's good faith in carrying out activities
under paragraphs (4), (5), and (6), and the
appropriateness of those activities to identify
equal employment opportunity problems; and
(ii) analyze statistical data and other
non-statistical information to indicate whether
employees and applicants of the entity are
being treated without regard to their race,
color, religion, sex, sexual orientation,
gender identity, national origin, or disability
status.
(B) Technical assistance.--The head of the relevant
Federal agency, in coordination with the Secretary of
Labor, may provide technical assistance to an entity
described in paragraph (1) to assist such entity in
achieving compliance with the requirements under this
subsection, which may include an agreement between the
head of the relevant Federal agency and the entity
requiring appropriate remedial measures.
(C) Corrective action.--If an entity described in
paragraph (1) remains in noncompliance with the
requirements under this subsection following technical
assistance under subparagraph (B), the head of the
relevant Federal agency, in coordination with the
Secretary of Labor and the heads of the other relevant
Federal agencies as applicable, may take corrective
action against the entity. Such action may include--
(i) the decision not to exercise an option
on assistance awarded or to terminate the
assistance awarded; or
(ii) in coordination with the heads of the
other relevant Federal agencies, the decision
to debar or suspend the entity from future
participation in any of the covered
infrastructure programs.
(i) Paycheck Transparency.--
(1) In general.--Except as provided in paragraph (3), each
head of a relevant Federal agency shall require entities
receiving a covered award or a covered subaward to provide each
individual described in paragraph (2) with a document for each
pay period containing information concerning, with respect to
such individual for such pay period--
(A) hours worked, including overtime hours worked;
(B) pay, including any additions made to or
deductions made from pay; and
(C) job classification.
(2) Individuals described.--An individual described in this
paragraph is any individual performing work on a project for an
entity, receiving a covered award or covered subaward, that is
required to maintain wage records with respect to such
individual under--
(A) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(B) subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'');
(C) chapter 67 of title 41, United States Code
(commonly known as the ``Service Contract Act''); or
(D) any applicable State law.
(3) Exceptions.--
(A) Employees exempt from overtime requirements.--A
document provided under paragraph (1) to an individual
who is exempt under section 13 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213) from the overtime
compensation requirements under section 7 of such Act
(29 U.S.C. 207) shall not be required to include a
record of the hours worked by the individual if the
entity receiving the covered award or covered subaward
informs the individual of the status of such individual
as exempt from such overtime compensation requirements.
(B) Substantially similar state laws.--The
requirements under this subsection shall be deemed to
be satisfied if the entity receiving the covered award
or covered subaward complies with State or local
requirements that the Secretary of Labor has determined
are substantially similar to the requirements under
this subsection.
(4) Independent contractors.--If an entity receiving a
covered award or covered subaward treats an individual
performing work on a project assisted by such award or subaward
as an independent contractor, and not as an employee, of the
entity, the entity shall provide the individual a document
informing the individual of the status of the individual as an
independent contractor.
(j) Notice of Hire.--
(1) In general.--Each head of a relevant Federal agency
shall require entities receiving a covered award or a covered
subaward to provide each individual described in subsection
(i)(2), at the time of hiring, a written notice containing each
of the following:
(A) The name of the entity, including any name used
by the entity in conducting business.
(B) The physical address of the entity's main
office or principal place of business, and a mailing
address, if different from such physical address.
(C) The telephone number of the entity.
(D) The date on which the individual will regularly
receive a paycheck from the entity.
(E) The individual's rate of pay, and the basis of
that rate, including (as applicable)--
(i) by the hour, shift, day, week, salary,
piece, or commission;
(ii) any allowances claimed as part of the
minimum wage, including tips and meal or
lodging allowances; and
(iii) overtime rate of pay, including any
exemptions from overtime pay.
(F) The individual's job classification, and the
prevailing wage for the corresponding class of laborers
and mechanics employed on projects of a similar
character in the locality in which the work is to be
performed.
(2) Enforcement.--
(A) Fine.--
(i) In general.--The head of a relevant
Federal agency may assess a civil fine, subject
to clause (ii), of $500 against an entity that
knowingly violates paragraph (1) for each
individual to whom the entity failed to notify
in violation of such paragraph.
(ii) Inflation.--The head of a relevant
Federal agency shall, for each year beginning 1
year after the date of enactment of this Act,
adjust the amount under clause (i) for
inflation.
(B) Rebuttable presumption.--The failure to provide
a notice in compliance with paragraph (1) shall be a
rebuttable presumption that an entity required to
provide such notice knowingly violated such paragraph.
(k) Neutrality.--
(1) Allowable costs.--Except as provided in paragraph (2),
an entity receiving a covered award or covered subaward may use
the assistance of such award or subaward for costs incurred in
maintaining satisfactory relations between the entity and
employees of the entity on a project assisted by the award or
subaward, including costs of shop stewards, labor management
committees, employee publications, and other related
activities.
(2) Limitation on federal assistance.--
(A) In general.--No Federal assistance made
available under a covered award or covered subaward may
be used for costs incurred in--
(i) activities undertaken to persuade
employees of any entity to exercise or not to
exercise, or concerning the manner of such
employees in exercising or not exercising, the
right to organize and bargain collectively
through representatives of the employees' own
choosing; or
(ii) any other activities that are subject
to the requirements under section 203(b) of the
Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(b)).
(B) Examples.--Examples of costs prohibited under
subparagraph (A) include the costs of--
(i) preparing and distributing materials
for a purpose described in subparagraph (A);
(ii) hiring or consulting legal counsel or
consultants for such purpose;
(iii) meetings held for such purpose
(including paying the salaries of the attendees
at such meetings); and
(iv) planning or conducting activities for
such purpose during work hours by managers,
supervisors, or labor organization
representatives.
(l) Complaint and Dispute Transparency.--
(1) In general.--
(A) Awards.--Each head of a relevant Federal agency
shall require entities receiving a covered award to
agree that any decision to arbitrate the claim of an
employee or independent contractor performing work for
a project assisted by the award that arises under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or that involves any tort related to or arising
out of sexual assault or sexual harassment may only be
made with the voluntary consent of the employee or
independent contractor after the dispute arises.
(B) Subawards.--Each head of a relevant Federal
agency shall require that an entity covered under
subparagraph (A) incorporate the requirement under such
subparagraph into each subaward made for a project
assisted by the award.
(2) Exception for employees and independents contractors.--
(A) In general.--The requirements under paragraph
(1) shall not apply with respect to an employee or
independent contractor who--
(i) is covered by a collective bargaining
agreement negotiated between the entity
receiving an award or subaward and a labor
organization representing the employee or
independent contractor; or
(ii) except as provided in subparagraph
(B), entered into a valid agreement to
arbitrate claims described in such paragraph
before the entity received the award or
subaward described in such paragraph.
(B) Applicability.--The requirements under
paragraph (1) shall apply with respect to an employee
or independent contractor of an entity receiving a
covered award or covered subaward--
(i) if the entity receiving the award or
subaward is permitted to change the terms of
the agreement described in subparagraph (A)(ii)
with the employee or independent contractor; or
(ii) in the event such agreement is
renegotiated or replaced after the entity
receives the award or subaward.
(m) Definition of Individual With a Barrier to Employment.--In this
section, the term ``individual with a barrier to employment'' has the
meaning given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
SEC. 303. BUY AMERICA BUREAU.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States
Code;
(C) section 22905(a) of title 49, United States
Code;
(D) section 50101(a) of title 49, United States
Code;
(E) section 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1388); and
(F) section 1452(a)(4) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(4)).
(2) Director.--The term ``Director'' means the Director of
the Buy America Bureau established by subsection (b).
(b) Establishment.--There is established in the Department of
Commerce an office, to be known as the ``Buy America Bureau''.
(c) Leadership.--The Buy America Bureau shall be headed by a
Director, who shall--
(1) be appointed by the Secretary of Commerce; and
(2) report to the Secretary of Commerce.
(d) Duties.--The Director shall--
(1) establish a program to certify and conduct oversight of
third-party auditors that work with entities that receive
assistance under a covered infrastructure program to ensure
compliance with Buy America laws;
(2) establish guidelines for ensuring transparency in the
Buy America auditing process under paragraph (1), including--
(A) the use of and fulfillment of requests pursuant
to section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''); and
(B) the disclosure of information relating to a Buy
America audit by third-party auditors under paragraph
(1);
(3) establish guidelines to support the establishment,
strengthening, and oversight of compliance with Buy America
laws, taking into consideration and seeking to maximize the
direct and indirect domestic jobs benefitted or created;
(4) establish a clearinghouse website to make publicly
available information on--
(A) Buy America audits conducted by third-party
auditors under paragraph (1);
(B) third-party auditors that have received a
certification from the Director under paragraph (1);
and
(C) requested waivers of Buy America laws under
covered infrastructure programs; and
(5) submit to Congress an annual report on--
(A) waivers from a Buy America law that have been
requested;
(B) waivers from a Buy America law that have been
granted; and
(C) any supply chain gaps in the United States that
may need to be addressed to improve compliance with Buy
America laws without a waiver.
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