### §174. State human capital plans

(a) In General.—Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a "human capital plan", that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.

(b) Plan Contents.—

(1) In general.—A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—

(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State;

(B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;

(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;

(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;

(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;

(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;

(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;

(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—

(i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and

(ii) to ensure that procurement methods provide the best public value;

(I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and

(J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.

(2) Planning period.—If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.

(c) Plan Updates.—If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.

(d) Relationship to Long-range Plan.—

(1) In general.—Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.

(2) Effect of section.—Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.

(e) Public Availability.—Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.

(f) Savings Provision.—Nothing in this section prevents a State from carrying out transportation workforce planning—

(1) not described in this section; or

(2) not in accordance with this section.

(Added Pub. L. 117–58, div. A, title I, §11203(a), Nov. 15, 2021, 135 Stat. 519.)

#### **Editorial Notes**

#### References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.