I 

117TH CONGRESS 

1ST SESSION H. R. 3473 

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 HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Ms. BASS (for herself, Ms. TLAIB, Ms. JACKSON LEE, Mrs. NAPOLITANO, Ms. 

MENG, Mr. JONES, Mr. SIRES, Ms. MOORE of Wisconsin, Mr. SAN NICOLAS, Mr. CLEAVER, Ms. ROYBAL-ALLARD, Ms. JAYAPAL, Ms. BARRAGA ́N, 

Mr. LOWENTHAL, Mr. KHANNA, Mrs. WATSON COLEMAN, Mr. POCAN, 

Mr. DESAULNIER, Mr. JOHNSON of Georgia, Mr. GOMEZ, Ms. LEE of 

California, Ms. PRESSLEY, and Mr. BOWMAN) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Education and Labor, 

Agriculture, Financial Services, Energy and Commerce, Natural Resources, Homeland Security, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Build Local, Hire Local Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 


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Sec. 302. Raise labor standards, improve working conditions, and strengthen 

workers’ bargaining power. 

Sec. 303. Buy America Bureau. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) infrastructure plays a vital role in the lives 

4 of all people in the United States; 

5 (2) the aging infrastructure of the United 

6 States is in need of a significant investment to re7 pair, rebuild, and modernize, and in the process, the 

8 Federal Government can take necessary steps to ad9 dress economic and racial injustices that have lim10 ited opportunities for far too many people of the 

11 United States; 

12 (3) decades of disinvestment and exclusionary 

13 policies have isolated many people of color, low-in14 come people, and disabled individuals in the United 

15 States from opportunity across the urban centers, 

16 deindustrialized cities, rural regions, and Tribal 

17 areas of the United States, including horribly inad18 equate investment to ensure universal access to 

19 clean air and water, safe and reliable transportation, 

20 affordable housing, quality living wage jobs, high21 speed internet, modernized schools, and parks and 

22 community facilities; 

23 (4) while the construction of the National High24 way System remains one of the most transformative 


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1 achievements in the history of the United States, it 

2 came at the expense of many low-income commu3 nities as well as minority neighborhoods of all in4 come levels that were destroyed by the construction 

5 and isolated from the broader community and from 

6 economic opportunity; 

7 (5) investing in repairing, rebuilding, and mod8 ernizing the infrastructure of the United States pre9 sents an opportunity to learn from the mistakes of 

10 the past and reimagine how communities can design 

11 and build infrastructure to be more equitable, help12 ing to address structural inequities faced by 

13 marginalized communities nationwide, including a 

14 lack of good paying jobs, affordable, accessible, and 

15 inclusive housing, decaying roads, bridges, and 

16 schools, inadequate access to technology, and expo17 sure to toxic emissions and poisoned water; 

18 (6) accessibility to quality infrastructure, train19 ing, and jobs is an issue across the United States, 

20 spanning from rural and Tribal areas to urban and 

21 suburban areas; 

22 (7) transportation infrastructure has a signifi23 cant impact on access to jobs, education, healthcare, 

24 healthy foods, and other essential services; 


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1 (8) accessibility to essential services is defined 

2 not only by speed, but also by ease of access, which 

3 includes the ability to safely and conveniently access 

4 services by all modes of travel; 

5 (9) with a shortage of construction firms that 

6 are ready and able to take on the large-scale infra7 structure projects the United States demands, the 

8 close to 478,000 specialty trade contractors in small9 er minority, women, and disadvantaged businesses 

10 could be supported to meet this demand; 

11 (10) small businesses and under-represented 

12 contractors, including minority-, women-, veteran13 owned businesses, and businesses owned by disabled 

14 individuals should have the opportunity to rebuild 

15 their communities and employ hardworking people of 

16 the United States along the way; 

(11) as of 2018, about 1 17 ⁄4 of the infrastructure 

18 workforce is projected to retire or permanently leave 

19 their jobs over the next decade, compounding the in20 frastructure crisis in the United States; 

21 (12) as of 2019, the Board of Governors of the 

22 Federal Reserve System finds that skilled trades and 

23 many occupations that do not require a 4-year de24 gree are not considered to be at significant risk of 

25 automation; 


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1 (13) infrastructure jobs include a wide range of 

2 employment opportunities in both the public and pri3 vate sectors, including design, manufacturing, con4 struction, operation, governance, and maintenance of 

5 infrastructure assets in the United States; 

6 (14) more than 1 in 10 jobs in the United 

7 States is a transportation- or infrastructure-related 

8 job; 

9 (15) many infrastructure jobs provide competi10 tive wages with low barriers to entry, many of which 

11 require on-the-job training in lieu of formal 4-year 

12 degree higher education programs; 

13 (16) in spite of rising income inequality, infra14 structure jobs paid approximately 30 percent more 

15 to low income individuals than other occupations in 

16 2018; 

17 (17) women, people of color, and particularly 

18 women of color are underrepresented in construction 

19 jobs; 

20 (18) while women across all occupations cur21 rently make up about 50 percent of the workforce, 

22 women in construction and extraction occupations 

23 has hovered around 3 percent for the last 3 decades; 

24 (19) while Black Americans make up about 12 

25 percent of the overall workforce, Black Americans 


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1 only represent 7 percent of construction and extrac2 tion occupations; 

3 (20) by focusing on improving workforce devel4 opment systems through targeted employment strat5 egies, the Federal Government can improve the qual6 ity of future projects and better ensure that all com7 munities benefit from investments that— 

8 (A) protect workers; 

9 (B) expand opportunities for advancement; 

10 (C) establish strong labor standards; and 

11 (D) redress discriminatory policies that 

12 have unfairly burdened low-income communities 

13 and communities of color with pollution and ge14 ographic isolation; and 

15 (21) the Federal Government should make con16 certed efforts to close the workforce gap, through co17 ordination with States and units of local govern18 ment, workforce development agencies, national and 

19 regional nonprofit intermediaries, labor organiza20 tions, and institutions of higher education and other 

21 educational institutions, including historically Black 

22 colleges and universities and Hispanic-serving insti23 tutions, to recruit, train, and retain the next genera24 tion of infrastructure workers in the United States, 

25 with a focus on— 


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1 (A) achieving gender, ethnic, racial, and 

2 ability diversity; and 

3 (B) recruiting and training individuals 

4 from communities with high unemployment 

5 rates, including African-American communities, 

6 Hispanic communities, Indian Tribes, the dis7 abled community, and the LGBTQ community. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) COVERED INFRASTRUCTURE PROGRAM.— 

11 The term ‘‘covered infrastructure program’’ means 

12 any of the following: 

13 (A) Direct and guaranteed loans and 

14 grants under section 306(a) of the Consolidated 

15 Farm and Rural Development Act (7 U.S.C. 

16 1926(a)). 

17 (B) Distance learning and telemedicine 

18 grants under section 2333 of the Food, Agri19 culture, Conservation, and Trade Act of 1990 

20 (7 U.S.C. 950aaa–2). 

21 (C) Broadband loans and loan guarantees 

22 under title IV of the Rural Electrification Act 

23 of 1936 (7 U.S.C. 950bb et seq.). 

24 (D) The community connect grant pro25 gram established under title III of the AgriVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 culture, Rural Development, Food and Drug 

2 Administration, and Related Agencies Appro3 priations, 2004 (Public Law 108–199; 118 

4 Stat. 29). 

5 (E) Solid waste management grants under 

6 section 310B(b) of the Consolidated Farm and 

7 Rural Development Act (7 U.S.C. 1932(b)). 

8 (F) A program or project carried out 

9 under the Public Works and Economic Develop10 ment Act of 1965 (42 U.S.C. 3121 et seq.). 

11 (G) Financial assistance for development, 

12 implementation, or modification of a State en13 ergy conservation plan under section 363 of the 

14 Energy Policy and Conservation Act (42 U.S.C. 

15 6323). 

16 (H) State water pollution control revolving 

17 funds established under title VI of the Federal 

18 Water Pollution Control Act (33 U.S.C. 1381 et 

19 seq.). 

20 (I) State drinking water treatment revolv21 ing loan funds established under section 1452 

22 of the Safe Drinking Water Act (42 U.S.C. 

23 300j–12). 


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1 (J) Grants for construction of health cen2 ters provided by the Secretary of Health and 

3 Human Services. 

4 (K) Grants for construction, renovation, or 

5 repair of non-Federal research facilities pro6 vided by the Director of the National Institutes 

7 of Health. 

8 (L) The public transportation security as9 sistance grant program under section 1406 of 

10 the Implementing Recommendations of the 9/11 

11 Commission Act of 2007 (6 U.S.C. 1135). 

12 (M) Assistance provided under the Public 

13 Housing Capital Fund established under section 

14 9(d) of the United States Housing Act of 1937 

15 (42 U.S.C. 1437g(d)). 

16 (N) The community development block 

17 grant program under title I of the Housing and 

18 Community Development Act of 1974 (42 

19 U.S.C. 5301 et seq.). 

20 (O) The Indian housing block grant pro21 gram under section 101 of the Native American 

22 Housing Assistance and Self-Determination Act 

23 of 1996 (25 U.S.C. 4111). 


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1 (P) The rural water supply program under 

2 section 103 of the Rural Water Supply Act of 

3 2006 (43 U.S.C. 2402). 

4 (Q) Financial assistance provided under 

5 the Water Infrastructure Finance and Innova6 tion Act (33 U.S.C. 3901 et seq.). 

7 (R) Assistance provided under title 23, 

8 United States Code. 

9 (S) Assistance provided under chapter 53 

10 of title 49, United States Code. 

11 (T) Programs for civil works projects, in12 cluding water resources projects, under the ju13 risdiction of the Corps of Engineers. 

14 (U) Assistance provided for a freight or 

15 passenger rail project under subtitle V of title 

16 49, United States Code. 

17 (V) Assistance provided for an airport de18 velopment project under chapter 471 of title 49, 

19 United States Code. 

20 (W) Assistance for an environmental clean21 up project under the Comprehensive Environ22 mental Response, Compensation, and Liability 

23 Act of 1980 (42 U.S.C. 9601 et seq.). 

24 (X) Assistance provided under section 

25 7007 and 7008 of the Elementary and SecVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 ondary Education Act of 1965 (20 U.S.C. 

2 7707, 7708). 

3 (Y) Mutual and self-help housing assist4 ance provided under section 523 of the Housing 

5 Act of 1949 (42 U.S.C. 1490c). 

6 (Z) Site development loans provided under 

7 section 524 of the Housing Act of 1949 (42 

8 U.S.C. 1490d). 

9 (AA) Loan guarantees for rural rental 

10 housing provided under section 538 of the 

11 Housing Act of 1949 (42 U.S.C. 1490p–2). 

12 (BB) Assistance provided by the Commu13 nity Development Financial Institutions Fund 

14 established under section 104(a) of the Riegle 

15 Community Development and Regulatory Im16 provement Act of 1994 (12 U.S.C. 4703(a)). 

17 (CC) Grants awarded from the Capital 

18 Magnet Fund established under section 1339 of 

19 the Federal Housing Enterprises Financial 

20 Safety and Soundness Act of 1992 (12 U.S.C. 

21 4569). 

22 (DD) Assistance provided under the Con23 nect America Fund of the Federal Communica24 tions Commission under subpart D of part 54 


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1 of title 47, Code of Federal Regulations (or a 

2 successor regulation). 

3 (EE) The Connect Communities Program 

4 under section 144. 

5 (FF) Any similar program, as determined 

6 by the Director of the Office of Management 

7 and Budget, in consultation with the heads of 

8 the relevant Federal agencies. 

9 (2) DISABLED INDIVIDUAL.—The term ‘‘dis10 abled individual’’ means an individual with a dis11 ability (as defined in section 3 of the Americans with 

12 Disabilities Act of 1990 (42 U.S.C. 12102)). 

13 (3) HEAD OF THE RELEVANT FEDERAL AGEN14 CY.—The term ‘‘head of the relevant Federal agen15 cy’’ means the head of a Federal department or 

16 agency that administers or has jurisdiction over a 

17 covered infrastructure program. 

18 (4) LOCAL WORKFORCE DEVELOPMENT

19 BOARD.—The term ‘‘local workforce development 

20 board’’ has the meaning given the term ‘‘local 

21 board’’ in section 3 of the Workforce Innovation and 

22 Opportunity Act (29 U.S.C. 3102). 

23 (5) REGISTERED APPRENTICESHIP PROGRAM.— 

24 The term ‘‘registered apprenticeship program’’ has 


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1 the meaning given the term in section 3131(e)(3)(B) 

2 of the Internal Revenue Code of 1986. 

3 (6) STATE WORKFORCE DEVELOPMENT

4 BOARD.—The term ‘‘State workforce development 

5 board’’ has the meaning given the term ‘‘State 

6 board’’ in section 3 of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3102). 

8 (7) VETERAN.—The term ‘‘veteran’’ has the 

9 meaning given the term in section 101 of title 38, 

10 United States Code. 

11 TITLE I—CREATING JOBS AND 

12 RAISING THE QUALITY OF 

13 LIFE IN EVERY COMMUNITY 

14 Subtitle A—Creating Local Jobs 

15 Across the Country 

16 SEC. 111. TARGETED HIRING REQUIREMENTS FOR CON17 STRUCTION JOBS CREATED BY COVERED IN18 FRASTRUCTURE PROGRAMS. 

19 (a) DEFINITION OF LOCAL.— 

20 (1) IN GENERAL.—In this section, the term 

21 ‘‘local’’, with respect to hiring for a project, means 

22 hiring within the geographical boundaries of the 

23 area in which the project is located, as determined 

24 by the recipient of assistance under a covered infra25 structure program, in coordination with the head of 


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1 the relevant Federal agency, subject to the require2 ment that the geographical area shall— 

3 (A) include high-poverty, high-unemploy4 ment zip codes; and 

5 (B) be the size of a county, multi-county, 

6 statewide, or multi-State region. 

7 (2) SAVINGS PROVISION.—Nothing in para8 graph (1) prohibits interstate hiring. 

9 (b) REQUIREMENT.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law and to the maximum extent prac12 ticable, except to the extent that the head of the rel13 evant Federal agency determines otherwise, in the 

14 case of any construction project carried out under a 

15 covered infrastructure program, the head of the rel16 evant Federal agency shall ensure that, of the work17 ers hired for the project (including workers hired for 

18 related maintenance, service, or operations activities 

19 for the project), the applicable percentage described 

20 in paragraph (2) are hired through local hiring, in 

21 partnership with a registered apprenticeship pro22 gram, if applicable, or with a State workforce devel23 opment board or local workforce development board, 

24 if applicable. 


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1 (2) APPLICABLE PERCENTAGE.—The applicable 

2 percentage referred to in paragraph (1) is— 

3 (A) for fiscal year 2022, 10 percent; 

4 (B) for fiscal year 2023, 20 percent; 

5 (C) for fiscal year 2024, 30 percent; 

6 (D) for fiscal year 2025, 40 percent; and 

7 (E) for fiscal year 2026 and each fiscal 

8 year thereafter, 50 percent. 

9 (c) PRIORITY.—In carrying out subsection (b), the 

10 head of the relevant Federal agency shall ensure that the 

11 entity carrying out the project gives priority to— 

12 (1) individuals with a barrier to employment (as 

13 defined in section 3 of the Workforce Innovation and 

14 Opportunity Act (29 U.S.C. 3102)), including ex-of15 fenders and disabled individuals; 

16 (2) veterans; and 

17 (3) individuals that represent populations that 

18 are traditionally underrepresented in the infrastruc19 ture workforce, such as women and racial and ethnic 

20 minorities. 

21 (d) REPORTS AND OVERSIGHT.— 

22 (1) IN GENERAL.—Not less frequently than an23 nually, the Secretary of Labor, in consultation with 

24 the heads of the relevant Federal agencies, shall— 


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1 (A) submit to Congress a report on the im2 plementation of this section; and 

3 (B) make the report under subparagraph 

4 (A), including any related data, publicly avail5 able on the internet. 

6 (2) GAO REVIEW.—Not later than 5 years after 

7 the date of enactment of this Act, the Comptroller 

8 General of the United States shall— 

9 (A) carry out a review of the implementa10 tion of this section to determine compliance 

11 with this section; and 

12 (B) submit to Congress a report on the re13 sults of the review under subparagraph (A), in14 cluding any suggestions or recommendations for 

15 legislative, regulatory, or other changes to im16 prove the implementation of this section or 

17 compliance with this section. 

18 SEC. 112. COMPLIANCE WITH COURT ORDERS. 

19 Nothing in this subtitle limits the eligibility of an in20 dividual or entity to receive assistance made available 

21 under a covered infrastructure program if the individual 

22 or entity is prevented, in whole or in part, from complying 

23 with section 111(b) because a Federal court issues a final 

24 order in which the court finds that a requirement or the 

25 implementation of that section is unconstitutional. 


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1 Subtitle B—Rebuilding Our Infra2 structure With American Busi3 ness 

4 SEC. 121. DEFINITIONS. 

5 In this subtitle: 

6 (1) OWNED AND CONTROLLED.—The term 

7 ‘‘owned and controlled’’, with respect to a business, 

8 means— 

9 (A) ownership of at least 51 percent of the 

10 business, or in the case of any publicly owned 

11 business, ownership of at least 51 percent of 

12 the stock; and 

13 (B) control of the management and daily 

14 business operations of the business. 

15 (2) SMALL BUSINESS CONCERN.— 

16 (A) IN GENERAL.—The term ‘‘small busi17 ness concern’’ means a small business concern 

18 (within the meaning of section 3(a) of the 

19 Small Business Act (15 U.S.C. 632(a))). 

20 (B) EXCLUSIONS.—The term ‘‘small busi21 ness concern’’ does not include any concern or 

22 group of concerns controlled by the same so23 cially and economically disadvantaged individual 

24 or individuals that have average annual gross 

25 receipts during the preceding 3 fiscal years in 


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1 excess of $23,980,000, as adjusted annually by 

2 the head of the relevant Federal agency for in3 flation. 

4 (3) SOCIALLY OR ECONOMICALLY DISADVAN5 TAGED INDIVIDUAL.—The term ‘‘socially or eco6 nomically disadvantaged individual’’ means any so7 cially and economically disadvantaged individuals 

8 within the meaning of section 8(d) of the Small 

9 Business Act (15 U.S.C. 637(d)) and relevant sub10 contracting regulations issued pursuant to that Act. 

11 SEC. 122. INCREASING MEANINGFUL SMALL BUSINESS PAR12 TICIPATION. 

13 (a) IN GENERAL.—Except to the extent that the head 

14 of the relevant Federal agency determines otherwise— 

15 (1) not less than the percentage described in 

16 subsection (b) for the applicable fiscal year of the 

17 amounts made available for each covered infrastruc18 ture program shall be expended through small busi19 ness concerns; and 

20 (2) not less than the percentage described in 

21 subsection (b) for the applicable fiscal year of the 

22 total number of projects that receive assistance 

23 under each covered infrastructure program shall be 

24 subcontracted through a small business concern. 


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1 (b) PERCENTAGE DESCRIBED.—The percentage re2 ferred to in each of paragraphs (1) and (2) of subsection 

3 (a) is— 

4 (1) for fiscal year 2022, 6 percent; 

5 (2) for fiscal year 2023, 12 percent; 

6 (3) for fiscal year 2024, 19 percent; 

7 (4) for fiscal year 2025, 26 percent; and 

8 (5) for fiscal year 2026 and each fiscal year 

9 thereafter, 33 percent. 

10 (c) REPORT.—Not less frequently than once each fis11 cal year, the Administrator of the Small Business Admin12 istration, in consultation with the heads of the relevant 

13 Federal agencies, shall submit to Congress a report on the 

14 implementation of subsection (a). 

15 SEC. 123. REQUIRING MEANINGFUL PARTICIPATION FROM 

16 TARGETED BUSINESSES. 

17 (a) PURPOSE.—The purpose of this section is to en18 sure that businesses with fewer than 10 employees, which 

19 are Main Street businesses that anchor neighborhoods and 

20 help families build wealth, have opportunities to partici21 pate in projects carried out under covered infrastructure 

22 programs. 

23 (b) REQUIREMENT.—Except to the extent that the 

24 head of the relevant Federal agency determines otherwise, 

25 not less than the percentage described in subsection (c) 


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1 for the applicable fiscal year of the amounts made avail2 able for a covered infrastructure program shall be ex3 pended through businesses with fewer than 10 employees. 

4 (c) PERCENTAGE DESCRIBED.—The percentage re5 ferred to in subsection (b) is— 

6 (1) for fiscal year 2022, 6 percent; 

7 (2) for fiscal year 2023, 12 percent; 

8 (3) for fiscal year 2024, 18 percent; 

9 (4) for fiscal year 2025, 24 percent; and 

10 (5) for fiscal year 2026 and each fiscal year 

11 thereafter, 30 percent. 

12 (d) REPORT.—Not less frequently than once each fis13 cal year, the Secretary of Commerce, in consultation with 

14 the Administrator of the Small Business Administration 

15 and the heads of the relevant Federal agencies, shall sub16 mit to Congress a report on the implementation of sub17 section (b). 

18 SEC. 124. COMPLIANCE WITH COURT ORDERS. 

19 Nothing in this subtitle limits the eligibility of an in20 dividual or entity to receive assistance made available 

21 under a covered infrastructure program if the individual 

22 or entity is prevented, in whole or in part, from complying 

23 with section 122(a) or 123(b), as applicable, because a 

24 Federal court issues a final order in which the court finds 


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1 that a requirement or the implementation of section 

2 122(a) or 123(b), as applicable, is unconstitutional. 

3 SEC. 125. EXPANSION OF SMALL BUSINESS ADMINISTRA4 TION SURETY BOND PROGRAM. 

5 Section 411(a)(1)(A) of the Small Business Invest6 ment Act of 1958 (15 U.S.C. 694b(a)(1)(A)) is amended 

7 by striking ‘‘$6,500,000’’ and inserting ‘‘$10,000,000’’. 

8 Subtitle C—Encouraging the Use of 

9 U.S. Employment Plans and 

10 Best-Value Contracting Analysis 

11 SEC. 131. CREATING A BEST-VALUE ANALYSIS FOR FED12 ERAL EXPENDITURES ON INFRASTRUCTURE, 

13 USE OF U.S. EMPLOYMENT PLANS, AND PREF14 ERENCES FOR REGISTERED APPRENTICE15 SHIP PROGRAMS AND NEUTRALITY IN UNION 

16 ORGANIZING. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COMMITMENT TO HIGH-QUALITY CAREER

19 AND BUSINESS OPPORTUNITIES.—The term ‘‘com20 mitment to high-quality career and business oppor21 tunities’’ means participation in a registered appren22 ticeship program. 

23 (2) U.S. EMPLOYMENT PLAN.—The term ‘‘U.S. 

24 Employment Plan’’ means a plan under which an 


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1 entity receiving Federal assistance for a project 

2 under a covered infrastructure program shall— 

3 (A) include in a request for proposal an 

4 encouragement for bidders to include, with re5 spect to the project— 

6 (i) high-quality wage, benefit, and 

7 training commitments by the bidder and 

8 the supply chain of the bidder for the 

9 project; and 

10 (ii) a commitment to recruit and hire 

11 individuals described in section 111(c) if 

12 the project results in the hiring of employ13 ees not currently or previously employed by 

14 the bidder and the supply chain of the bid15 der for the project; 

16 (B) give preference for the award of the 

17 contract to a bidder that includes the commit18 ments described in clauses (i) and (ii) of sub19 paragraph (A); and 

20 (C) ensure that each bidder that includes 

21 the commitments described in clauses (i) and 

22 (ii) of subparagraph (A) that is awarded a con23 tract complies with those commitments. 


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1 (b) BEST-VALUE FRAMEWORK.—To the maximum 

2 extent practicable, a recipient of assistance under a cov3 ered infrastructure program is encouraged— 

4 (1) to ensure that each dollar invested in infra5 structure uses a best-value contracting framework to 

6 maximize the local value of federally funded con7 tracts by evaluating bids on price and other criteria 

8 prioritized in the bid, such as— 

9 (A) equity; 

10 (B) environmental and climate justice; 

11 (C) impact on greenhouse gas emissions; 

12 (D) resilience; 

13 (E) the results of a 40-year life-cycle anal14 ysis; 

15 (F) safety; 

16 (G) commitment to creating or sustaining 

17 high-quality job opportunities affiliated with 

18 registered apprenticeship programs for dis19 advantaged or underrepresented individuals in 

20 infrastructure industries in the United States; 

21 and 

22 (H) access to jobs and essential services by 

23 all modes of travel for all users, including dis24 abled individuals; 


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1 (2) in evaluating bids, to give at least equal 

2 weight to the criteria described in paragraph (1) as 

3 to past performance; and 

4 (3) to ensure community engagement, trans5 parency, and accountability in carrying out each 

6 stage of the project. 

7 (c) PREFERENCE FOR REGISTERED APPRENTICE8 SHIP PROGRAMS.—To the maximum extent practicable, a 

9 recipient of assistance under a covered infrastructure pro10 gram, with respect to the project for which the assistance 

11 is received, shall give preference to a bidder that dem12 onstrates a commitment to high-quality job opportunities 

13 affiliated with registered apprenticeship programs. 

14 (d) PREFERENCE FOR NEUTRALITY IN UNION ORGA15 NIZING.—Notwithstanding any other provision of law, the 

16 head of each relevant Federal agency, in consultation with 

17 the Secretary of Labor, shall give preference in providing 

18 assistance under a covered infrastructure program to an 

19 entity that commits to giving preference in awarding con20 tracts and subcontracts for projects carried out with that 

21 assistance to bidders that have an explicit neutrality policy 

22 on any issue involving the organization of employees for 

23 purposes of collective bargaining. 

24 (e) USE OF U.S. EMPLOYMENT PLAN.—Notwith25 standing any other provision of law, in carrying out a 


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1 project under a covered infrastructure program, each enti2 ty that receives Federal assistance shall use a U.S. Em3 ployment Plan for each contract of $5,000,000 or more 

4 for the purchase of manufactured goods or of services, 

5 based on an independent cost estimate. 

6 (f) REPORT.—Not less frequently than once each fis7 cal year, the heads of the relevant Federal agencies shall 

8 jointly submit to Congress a report describing the imple9 mentation of this section. 

10 (g) INTENT OF CONGRESS.— 

11 (1) IN GENERAL.—It is the intent of Con12 gress— 

13 (A) to encourage recipients of Federal as14 sistance under covered infrastructure programs 

15 to use a best-value contracting framework de16 scribed in subsection (b)(1) for the purchase of 

17 goods and services; 

18 (B) to encourage recipients of Federal as19 sistance under covered infrastructure programs 

20 to use preferences for registered apprenticeship 

21 programs and neutrality in union organizing as 

22 described in subsections (c) and (d) when evalu23 ating bids for projects using that assistance; 

24 (C) to require that recipients of Federal 

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1 grams use the U.S. Employment Plan in car2 rying out the project for which the assistance 

3 was provided; and 

4 (D) that full and open competition under 

5 covered infrastructure programs means a proce6 dural competition that prevents corruption, fa7 voritism, and unfair treatment by recipient 

8 agencies. 

9 (2) INCLUSION.—A best-value contracting 

10 framework described in subsection (b)(1) is a frame11 work that authorizes a recipient of Federal assist12 ance under a covered infrastructure program, in 

13 awarding contracts, to evaluate a range of factors, 

14 including price, the quality of products, the quality 

15 of services, and commitments to the creation of good 

16 jobs for all people in the United States. 

17 Subtitle D—Improving Safety, 

18 Connectivity, and Access to Bet19 ter Opportunities 

20 SEC. 141. ACCESSIBILITY DATA PROGRAM. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary of Transpor23 tation (referred to in this section as the ‘‘Secretary’’) shall 

24 carry out an accessibility data program (referred to in this 

25 section as the ‘‘program’’). 


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1 (b) PURPOSE.—The purpose of the program is to de2 velop or procure an accessibility data set and make that 

3 data set available to each eligible entity selected to partici4 pate in the program to improve the transportation plan5 ning of those eligible entities by— 

6 (1) measuring the level of access by multiple 

7 transportation modes to important destinations, 

8 which may include— 

9 (A) jobs, including areas with a concentra10 tion of available jobs; 

11 (B) health care facilities; 

12 (C) child care services; 

13 (D) educational and workforce training fa14 cilities; 

15 (E) affordable and accessible housing; 

16 (F) food sources; and 

17 (G) connections between modes, including 

18 connections to— 

19 (i) high-quality transit or rail service; 

20 (ii) safe bicycling corridors; and 

21 (iii) safe sidewalks that achieve com22 pliance with applicable requirements of the 

23 Americans with Disabilities Act of 1990 

24 (42 U.S.C. 12101 et seq.); 


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1 (2) disaggregating the level of access by mul2 tiple transportation modes by a variety of population 

3 categories, which may include— 

4 (A) low-income populations; 

5 (B) minority populations; 

6 (C) age; 

7 (D) disability; and 

8 (E) geographical location; and 

9 (3) assessing the change in accessibility that 

10 would result from new transportation investments. 

11 (c) ELIGIBLE ENTITIES.—An entity eligible to par12 ticipate in the program is— 

13 (1) a State (as defined in section 101(a) of title 

14 23, United States Code); 

15 (2) a metropolitan planning organization; or 

16 (3) a rural planning organization. 

17 (d) APPLICATION.—To be eligible to participate in 

18 the program, an eligible entity shall submit to the Sec19 retary an application at such time, in such manner, and 

20 containing such information as the Secretary may require, 

21 including information relating to— 

22 (1) previous experience of the eligible entity 

23 measuring transportation access or other perform24 ance management experience; 


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1 (2) the types of important destinations to which 

2 the eligible entity intends to measure access; 

3 (3) the types of data disaggregation the eligible 

4 entity intends to pursue; and 

5 (4) a general description of the methodology the 

6 eligible entity intends to apply. 

7 (e) SELECTION.—The Secretary shall seek to achieve 

8 diversity of participants in the program, including— 

9 (1) by selecting a range of eligible entities that 

10 shall include not less than— 

11 (A) 5 States; 

12 (B) 10 metropolitan planning organiza13 tions, of which— 

14 (i) 5 shall each serve an area with a 

15 population of not more than 200,000 peo16 ple; and 

17 (ii) 5 shall each serve an area with a 

18 population of 200,000 or more people; and 

19 (C) 5 rural planning organizations; and 

20 (2) among the eligible entities selected under 

21 paragraph (1)— 

22 (A) a range of capacity and previous expe23 rience with measuring transportation access; 

24 and 


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1 (B) a variety of proposed methodologies 

2 and focus areas for measuring level access. 

3 (f) DUTIES.—For each eligible entity participating in 

4 the program, the Secretary shall— 

5 (1) develop or acquire an accessibility data set 

6 described in subsection (b); and 

7 (2) submit the data set to the eligible entity. 

8 (g) METHODOLOGY.—In calculating the measures for 

9 the data set under the program, the Secretary shall ensure 

10 that methodology is open source. 

11 (h) AVAILABILITY.—The Secretary shall make an ac12 cessibility data set under the program available to— 

13 (1) units of local government within the juris14 diction of the eligible entity participating in the pro15 gram; and 

16 (2) researchers. 

17 (i) REPORT.—Not later than 120 days after the last 

18 date on which the Secretary submits data sets to the eligi19 ble entity under subsection (f), the Secretary shall submit 

20 to Congress a report on the results of the program, includ21 ing the feasibility of developing and providing periodic ac22 cessibility data sets for all States, regions, and localities. 

23 (j) PUBLIC AVAILABILITY OF DATA.—The Secretary 

24 may make publicly available on the internet the data sets 

25 and the report under subsection (i). 


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1 (k) FUNDING.—The Secretary shall carry out the 

2 program using amounts made available to the Secretary 

3 for administrative expenses to carry out programs under 

4 the authority of the Secretary. 

5 SEC. 142. ESTABLISHMENT OF PERFORMANCE MEASURES 

6 FOR TRANSPORTATION ACCESSIBILITY. 

7 (a) CONNECTIVITY AND ACCESSIBILITY PERFORM8 ANCE MEASURES.—Section 150 of title 23, United States 

9 Code, is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1), by inserting ‘‘and in 

12 the case of paragraph (7), not later than 3 

13 years after the date of enactment of the Build 

14 Local, Hire Local Act,’’ after ‘‘MAP–21,’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(7) MULTIMODAL TRANSPORTATION

17 CONNECTIVITY AND ACCESSIBILITY.— 

18 ‘‘(A) DEFINITION OF DISADVANTAGED

19 POPULATION.—In this paragraph, the term ‘dis20 advantaged population’ means a low-income 

21 population, a minority population, or people 

22 with disabilities, as determined by the Sec23 retary. 

24 ‘‘(B) REGULATIONS.—The Secretary shall 

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1 tablish performance measures relating to trans2 portation connectivity and accessibility for 

3 States, metropolitan planning organizations, 

4 and units of local government to improve the 

5 connectivity and accessibility of roadways, pub6 lic transportation infrastructure, pedestrian and 

7 bikeway infrastructure, and other transpor8 tation infrastructure. 

9 ‘‘(C) INCLUSIONS.—The performance 

10 measures established pursuant to subparagraph 

11 (B) shall include measures to assess— 

12 ‘‘(i) with respect to the general popu13 lation serviced by a transportation sys14 tem— 

15 ‘‘(I) the change in cumulative ac16 cess to employment opportunities and 

17 other essential services, including edu18 cational and workforce training loca19 tions, health care facilities, rec20 reational assets, and supermarkets 

21 and grocers; 

22 ‘‘(II) multimodal choice and en23 hanced interconnections among 

24 modes— 


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1 ‘‘(aa) to offer variety of 

2 choice between and among 

3 modes; 

4 ‘‘(bb) to provide accessible 

5 and reliable transportation for all 

6 users; and 

7 ‘‘(cc) to encourage travel de8 mand management among local 

9 and statewide employers; and 

10 ‘‘(III) any other issues the Sec11 retary determines to be appropriate; 

12 and 

13 ‘‘(ii) with respect to disadvantaged 

14 populations serviced by a transportation 

15 system— 

16 ‘‘(I) transportation accessibility 

17 for disadvantaged populations; 

18 ‘‘(II) change in cumulative acces19 sibility for disadvantaged populations 

20 to employment opportunities and 

21 other essential services, including edu22 cational and workforce training loca23 tions, health care facilities, rec24 reational assets, and supermarkets 

25 and grocers; and 


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1 ‘‘(III) any other issues the Sec2 retary determines to be appropriate.’’; 

3 (2) in subsection (d)(1), by striking ‘‘and (6)’’ 

4 and inserting ‘‘(6), and (7)’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(f) REPORT ON MULTIMODAL TRANSPORTATION

7 CONNECTIVITY AND ACCESSIBILITY.—Not less frequently 

8 than annually— 

9 ‘‘(1) each State, metropolitan planning organi10 zation, and unit of local government shall submit to 

11 the Secretary the progress of that entity toward 

12 achieving the performance measures under sub13 section (c)(7); and 

14 ‘‘(2) the Secretary shall— 

15 ‘‘(A) submit to Congress a report that in16 cludes the results of the reporting under para17 graph (1); and 

18 ‘‘(B) make publicly available on the inter19 net the report under subparagraph (A) and any 

20 accompanying data.’’. 

21 (b) HIGHWAY METROPOLITAN PLANNING COORDINA22 TION.—Section 134(h)(2)(B) of title 23, United States 

23 Code, is amended by adding at the end the following: 

24 ‘‘(iii) MULTIMODAL TRANSPORTATION

25 ACCESSIBILITY PERFORMANCE TARGETS.— 


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1 Selection of performance targets by a met2 ropolitan planning organization shall be co3 ordinated, to the maximum extent prac4 ticable, with the relevant State, local trans5 portation planning agencies, and providers 

6 of public transportation to ensure consist7 ency with section 150(c)(7).’’. 

8 (c) PUBLIC TRANSPORTATION METROPOLITAN

9 PLANNING COORDINATION.—Section 5303(h)(2)(B) of 

10 title 49, United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘(iii) MULTIMODAL TRANSPORTATION

13 ACCESSIBILITY PERFORMANCE TARGETS.— 

14 Selection of performance targets by a met15 ropolitan planning organization shall be co16 ordinated, to the maximum extent prac17 ticable, with the relevant State, local trans18 portation planning agencies, and providers 

19 of public transportation to ensure consist20 ency with section 150(c)(7) of title 23.’’. 

21 SEC. 143. TECHNICAL ASSISTANCE PROGRAM. 

22 (a) IN GENERAL.—The Secretary of Transportation 

23 (referred to in this section as the ‘‘Secretary’’), in coordi24 nation with the Administrator of the Federal Highway Ad25 ministration, the Administrator of the Federal Transit 


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1 Administration, the Secretary of Housing and Urban De2 velopment, and the Secretary of Agriculture shall establish 

3 a program (referred to in this section as the ‘‘program’’) 

4 to provide technical assistance to local communities adja5 cent to planned or existing transportation infrastructure 

6 projects to explore design and policy approaches to create 

7 connected, economically prosperous, and environmentally 

8 and physically healthy communities that— 

9 (1) avoid displacement of the current popu10 lation; and 

11 (2) maximize high-quality jobs in the United 

12 States that pay family-sustaining wages. 

13 (b) PURPOSES.—The purposes of the program are— 

14 (1) to identify innovative solutions to infra15 structure challenges, including reconnecting commu16 nities that— 

17 (A) are bifurcated by infrastructure such 

18 as highways or viaducts; 

19 (B) lack safe, reliable, and affordable 

20 transportation choices; or 

21 (C) have been disconnected due to natural 

22 disasters, in particular, communities in areas 

23 that are being harmed the most by climate 

24 change; and 


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1 (2) to inform the transportation planning and 

2 project life cycle by actively encouraging community 

3 input and feedback. 

4 (c) APPLICATION.—To be eligible to receive technical 

5 assistance under the program, a local community de6 scribed in subsection (a) shall submit to the Secretary an 

7 application at such time, in such manner, and containing 

8 such information as the Secretary may require, includ9 ing— 

10 (1) a description of the ‘‘community team’’ that 

11 will participate in the program, which shall consist 

12 of— 

13 (A) elected officials; 

14 (B) senior transportation professionals; 

15 (C) State workforce development boards or 

16 local workforce development boards; and 

17 (D) a cross-section of residents of the local 

18 community; 

19 (2) a description of a neighborhood infrastruc20 ture challenge, including all modes and users of 

21 transportation, in the local community that limits 

22 access to social or economic centers or other essen23 tial services; 


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1 (3) an explanation of the goals the local com2 munity aims to achieve with assistance under the 

3 program; and 

4 (4) letters of support from the applicable State 

5 department of transportation and other entities, 

6 such as community groups, transit agencies, port au7 thorities, metropolitan planning organizations, and 

8 political subdivisions of State and local governments. 

9 (d) PRIORITY.—In selecting local communities to 

10 participate in the program, the Secretary shall give pri11 ority to a local community that is economically disadvan12 taged. 

13 (e) TECHNICAL ASSISTANCE.—The Secretary shall 

14 provide to a local community that is selected to participate 

15 in the program— 

16 (1) technical assistance to inform, prepare, and 

17 enable the local community to better engage in— 

18 (A) Federal transportation planning; 

19 (B) programming and planning to improve 

20 resiliency and environmental sustainability and 

21 reduce greenhouse gas emissions; 

22 (C) the environmental review process 

23 under the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.); 


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1 (D) life-cycle analysis of a prospective 

2 project; 

3 (E) Federal assistance programs; and 

4 (F) policies that maximize the creation of 

5 high-quality jobs in the United States; and 

6 (2) technical expertise through representatives 

7 from regional and national design, architecture, en8 gineering, and planning firms and public, private, 

9 and nonprofit land use professionals. 

10 (f) FUNDING.—The Secretary shall use not less than 

11 10 percent of the amounts made available to carry out 

12 section 144 for each fiscal year to carry out the program. 

13 SEC. 144. CONNECT COMMUNITIES PROGRAM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—The Secretary of Transpor16 tation (referred to in this section as the ‘‘Sec17 retary’’), in coordination with the Administrator of 

18 the Federal Highway Administration, the Adminis19 trator of the Federal Transit Administration, the 

20 Secretary of Housing and Urban Development, the 

21 Secretary of Labor, the Administrator of the Envi22 ronmental Protection Agency, and the Secretary of 

23 Agriculture shall carry out a competitive grant pro24 gram to be known as the ‘‘Connect Communities 

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1 gram’’) to provide grants for projects to create con2 nected, economically prosperous, and environ3 mentally and physically healthy communities in— 

4 (A) areas that are economically disadvan5 taged, including areas that have experienced 

6 levels of poverty of 20 percent or more, high 

7 levels of outmigration, and high levels of 

8 deindustrialization; 

9 (B) areas that currently lack accessible 

10 and affordable transportation options in terms 

11 of— 

12 (i) lack of access to jobs and services; 

13 and 

14 (ii) lack of physical accessibility; 

15 (C) neighborhoods bifurcated by large-scale 

16 infrastructure projects; or 

17 (D) areas that have been negatively im18 pacted by climate change. 

19 (2) GOALS.—The goals of the program are— 

20 (A) to reduce the cost of construction, op21 erations, and maintenance of arterial highways; 

22 (B) to demonstrate the social, economic, 

23 and environmental benefits that result from re24 placing a grade-separated facility with an at25 grade boulevard; 


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1 (C) to improve neighborhood connectivity, 

2 including the re-establishment of through 

3 streets eliminated as a result of the construc4 tion of the grade-separated facility; 

5 (D) to increase the total acreage of land 

6 within the project corridor returned to produc7 tive use, including commercial, residential, rec8 reational, and habitat restoration uses; 

9 (E) to improve the resiliency and reduce 

10 the environmental impact of existing infrastruc11 ture assets; and 

12 (F) to increase the connectivity of dis13 advantaged communities to economic oppor14 tunity. 

15 (b) ELIGIBILITY.— 

16 (1) ELIGIBLE ENTITIES.—An entity eligible to 

17 receive a grant under the program is— 

18 (A) a State (as defined in section 101(a) 

19 of title 23, United States Code) or any other 

20 territory or possession of the United States; 

21 (B) an Indian Tribe; 

22 (C) a unit of local government; 

23 (D) a political subdivision of a State or 

24 local government; 

25 (E) a transit agency; 


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1 (F) a metropolitan planning organization; 

2 (G) a nonprofit organization, including a 

3 community mission-based organization; 

4 (H) a community development financial in5 stitution (as defined in section 103 of the Rie6 gle Community Development and Regulatory 

7 Improvement Act of 1994 (12 U.S.C. 4702)); 

8 (I) a special purpose district or public au9 thority with a transportation function, including 

10 a port authority; 

11 (J) a Federal land management agency 

12 that applies jointly with a State or group of 

13 States; or 

14 (K) a multistate or multijurisdictional 

15 group of entities described in subparagraphs 

16 (A) through (J). 

17 (2) ELIGIBLE PROJECTS.—A project eligible to 

18 be carried out with funds from a grant provided 

19 under the program is— 

20 (A) a project for community-based redevel21 opment, rehabilitation, or replacement of infra22 structure, including— 

23 (i) the removal of a limited access 

24 highway, a viaduct or overpass, an Inter25 state route, an interchange, a bridge, or 


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1 any other principal arterial facility that 

2 has— 

3 (I) historically had detrimental 

4 effects on minority and low-income 

5 communities; or 

6 (II) created barriers to commu7 nity connectivity due to high speeds, 

8 grade separations or other design fac9 tors; and 

10 (ii) if necessary to achieve the pur11 poses of the program, road realignment or 

12 new construction; 

13 (B) a project to prevent the displacement 

14 of minority or low-income individuals or busi15 nesses during and after redevelopment, rehabili16 tation, or replacement of infrastructure; 

17 (C) a project for transit-oriented develop18 ment in a low-income area or that benefits low19 income individuals that includes 1 or more of— 

20 (i) transit-supportive, accessible, 

21 mixed-use development (including commer22 cial development, affordable and accessible 

23 housing, and market-rate housing) that is 

24 within 2 miles of and accessible to 1 or 

25 more public transportation facilities that— 


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1 (I) achieve compliance with— 

2 (aa) applicable requirements 

3 of the Americans with Disabil4 ities Act of 1990 (42 U.S.C. 

5 12101 et seq.); and 

6 (bb) the most recent public 

7 rights-of-way accessibility guide8 lines developed by the Architec9 tural and Transportation Bar10 riers Compliance Board estab11 lished by section 502(a)(1) of the 

12 Rehabilitation Act of 1973 (29 

13 U.S.C. 792(a)(1)); and 

14 (II) are connected with high fre15 quency to job centers; 

16 (ii) the facilitation of multimodal 

17 connectivity and accessibility to employ18 ment opportunities and other essential 

19 services, including educational and work20 force training locations, health care facili21 ties, recreational assets, and supermarkets 

22 and grocers; and 

23 (iii) an increase in access to transit 

24 hubs for pedestrian and bicycle traffic; 


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1 (D) a public transportation project eligible 

2 for assistance under chapter 53 of title 49, 

3 United States Code, that will achieve the pur4 poses of the program, including— 

5 (i) an investment in intermodal 

6 projects; and 

7 (ii) a new fixed guideway capital 

8 project or a small start project (as those 

9 terms are defined in section 5309(a) of 

10 title 49, United States Code), if a grant 

11 under the program will expedite the com12 pletion of the project and the entry into 

13 revenue service of the project; 

14 (E) a passenger rail transportation project 

15 that achieves the purpose of the program; 

16 (F) a project to improve the resiliency of 

17 infrastructure against natural disasters; 

18 (G) a project to reduce the environmental 

19 impact of existing infrastructure assets; 

20 (H) a project to bring a community into 

21 compliance with the performance measures es22 tablished under section 150(c)(7) of title 23, 

23 United States Code; and 


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1 (I) any other project that the Secretary de2 termines would achieve the purpose of the pro3 gram. 

4 (3) ELIGIBLE AREAS.—An eligible project 

5 under paragraph (2) shall be carried out in an area 

6 or neighborhood described in subparagraphs (A) 

7 through (D) of subsection (a)(1). 

8 (c) APPLICATIONS.— 

9 (1) IN GENERAL.—To be eligible to receive a 

10 grant under the program, an eligible entity shall 

11 submit to the Secretary an application at such time, 

12 in such manner, and containing such information as 

13 the Secretary may require, including— 

14 (A) a project plan developed with assist15 ance under section 143 or independently, as ap16 plicable; 

17 (B) a description of how the project meets 

18 the criteria described in subsection (d); 

19 (C) a certification that the eligible entity 

20 has solicited public comments on the project 

21 plan that includes— 

22 (i) a certification that the eligible en23 tity has held 2 or more public hearings, at 

24 least 1 of which was held outside of stand25 ard business hours in a location that was 


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1 open and accessible to the community in 

2 which the proposed project is located; 

3 (ii) a description of the process for re4 ceiving public comments, including involve5 ment of residents and stakeholders in the 

6 community in which the project will occur; 

7 (iii) a summary of the comments re8 ceived; and 

9 (iv) such other information as the 

10 Secretary may require; 

11 (D) a description of how the grant would 

12 be used and the current status of project plan13 ning; 

14 (E) a description of how the project will 

15 address the purposes of the program, including 

16 plans to avoid displacement of current residents 

17 in the project area; 

18 (F) a description of how the eligible entity 

19 will prioritize the well-being and advancement 

20 of disadvantaged populations through the 

21 project and as an outcome of the project; 

22 (G) an assessment of— 

23 (i) the accessibility of employment op24 portunities and other essential services, in25 cluding educational and workforce training 


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1 locations, health care facilities, recreational 

2 assets, and supermarkets and grocers, 

3 within the area to public transportation fa4 cilities and nearby affordable housing; and 

5 (ii) how the proposed project will re6 late to identified needs in those areas; 

7 (H) an assessment of transportation op8 tions in the area, including— 

9 (i) public transportation options; 

10 (ii) options for people with low in11 comes, people living in high-poverty areas, 

12 elderly people, and people with disabilities; 

13 and 

14 (iii) any obstacles to providing access 

15 to locations that offer employment oppor16 tunities and other essential services, in17 cluding educational and workforce training 

18 locations, health care facilities, recreational 

19 assets, and supermarkets and grocers; 

20 (I) an assessment of methods for lowering 

21 the combined cost of housing and transpor22 tation for families in the region, particularly for 

23 families that utilize workforce housing and for 

24 low-, very low-, and extremely low-income fami25 lies; 


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1 (J) an assessment of how the project will 

2 revitalize existing communities, including— 

3 (i) the approximate number of jobs 

4 the project will create; 

5 (ii) the services the project will deliver 

6 to workers and the community; and 

7 (iii) any antidisplacement efforts that 

8 will be included in the project; 

9 (K) a plan for evaluating progress in in10 creasing opportunities for and improvements to 

11 the quality of life for disadvantaged populations 

12 and the broader community in which the project 

13 is completed; and 

14 (L) information about the status of appli15 cable Federal environmental reviews and ap16 provals for the project, including reviews and 

17 approvals under the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

19 (2) MULTIPLE PROJECTS.—An eligible entity 

20 may submit an application for multiple projects in 1 

21 application. 

22 (3) DEFINITION OF WORKFORCE HOUSING.— 

23 For the purpose of paragraph (1)(I), the term 

24 ‘‘workforce housing’’ means housing, the cost of 

25 which does not exceed 30 percent of— 


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1 (A) the amount equal to 120 percent of the 

2 median income in the area, as determined by 

3 the Secretary, with appropriate adjustments for 

4 the size of the family; or 

5 (B) if the Secretary determines that there 

6 are unusually high or low incomes in the area, 

7 another amount, as determined by the Sec8 retary. 

9 (d) SELECTION.— 

10 (1) IN GENERAL.—The Secretary shall select 

11 projects to receive grants under the program based 

12 on— 

13 (A) how the project will contribute to a 

14 state of good repair for infrastructure assets; 

15 (B) how the project would increase eco16 nomic competitiveness, including the effects of 

17 revitalizing communities, neighborhoods, and 

18 commercial centers supported by existing infra19 structure; 

20 (C) how the project will support environ21 mental protection, including resiliency, by in22 creasing demand for nonmotorized transpor23 tation and public transportation; 


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1 (D) how or whether the project will pre2 vent residents in the area from being forcibly or 

3 unwillingly displaced; 

4 (E) the anticipated effects on quality of 

5 life for all residents in the project area; 

6 (F) whether the project uses innovative 

7 strategies, including innovative technologies, in8 novative project delivery, or innovative financ9 ing; 

10 (G) the extent to which the project— 

11 (i) is supported by a broad range of 

12 stakeholders; 

13 (ii) demonstrates collaboration among 

14 neighboring and regional jurisdictions; and 

15 (iii) is coordinated with projects with 

16 similar objectives, such as projects for eco17 nomic development, housing, water and 

18 waste infrastructure, power and electric in19 frastructure, broadband, and land use 

20 plans and policies; 

21 (H) how the project will increase non-Fed22 eral revenue for transportation infrastructure 

23 investment; 


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1 (I) demonstrated project readiness, includ2 ing use of technical assistance under section 

3 143; and 

4 (J) the costs and benefits of the project. 

5 (2) PRIORITY.—The Secretary shall give pri6 ority to projects that have been developed under the 

7 technical assistance program under section 143. 

8 (e) DISTRIBUTION OF GRANTS.— 

9 (1) IN GENERAL.—In providing grants under 

10 the program, the Secretary shall ensure— 

11 (A) an equitable geographic distribution of 

12 funds; and 

13 (B) an appropriate balance in addressing 

14 the needs of urban, suburban, rural, and Tribal 

15 communities. 

16 (2) LIMITATION.—For each fiscal year, the Sec17 retary shall ensure that the total amount of funds 

18 provided through grants under the program for each 

19 State is not more than $150,000,000. 

20 (f) AMOUNT OF GRANT.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2) and subject to subsection (e)(2), a grant 

23 provided under the program shall be in an amount 

24 that is not less than $5,000,000. 


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1 (2) RURAL AND TRIBAL AREAS.—In the case of 

2 a project in a rural area (as defined in section 

3 101(a) of title 23, United States Code), or in a Trib4 al area, a grant provided under the program shall be 

5 in an amount that is not less than $1,000,000. 

6 (g) USE OF FUNDS.— 

7 (1) IN GENERAL.—Subject to paragraph (2), an 

8 eligible entity that receives a grant under the pro9 gram may use the grant funds for— 

10 (A) development phase activities, including 

11 planning, feasibility analysis, revenue fore12 casting, environmental review, permitting, pre13 liminary engineering and design work, and 

14 other preconstruction activities; and 

15 (B) construction, reconstruction, rehabili16 tation, replacement, acquisition of real property 

17 (including land relating to the project and im18 provements to land), environmental mitigation, 

19 construction contingencies, and acquisition of 

20 equipment. 

21 (2) LIMITATION.—Not more than 20 percent of 

22 the amount of the grant may be used for the activi23 ties described in paragraph (1)(A). 

24 (h) FEDERAL SHARE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Federal share of the cost of a project 

3 carried out with a grant under the program shall not 

4 exceed 80 percent. 

5 (2) HARDSHIP AREAS.—The Federal share of 

6 the cost of a project carried out with a grant under 

7 the program may be up to 100 percent if the Sec8 retary identifies the area in which the project will be 

9 carried out as a hardship area, as determined by the 

10 Secretary. 

11 (i) TIFIA PROGRAM.—On the request of an eligible 

12 entity, the Secretary may use 5 percent of the grant for 

13 the purpose of paying the subsidy and administrative costs 

14 necessary to provide Federal credit assistance under chap15 ter 6 of title 23, United States Code, for the project. 

16 (j) STANDARDS.—Notwithstanding any other provi17 sion of law, a project carried out with a grant under the 

18 program shall not be subject to the traffic volume require19 ments under section 109(b) of title 23, United States 

20 Code. 

21 (k) PERFORMANCE MEASURES.— 

22 (1) IN GENERAL.—For each year until the 

23 project is completed, each eligible entity that re24 ceives a grant under the program shall agree to es25 tablish, in coordination with the Secretary, performVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 ance measures and reporting requirements in addi2 tion to measures and requirements under this sec3 tion that shall be met at the end of each year in 

4 which the eligible entity receives funds under the 

5 grant program. 

6 (2) VIOLATION OF GRANT AGREEMENT.—If the 

7 Secretary determines that an eligible entity has not 

8 met the performance measures established under 

9 paragraph (1), is not making reasonable progress to10 ward meeting those measures, or is otherwise in vio11 lation of the grant agreement, the Secretary may— 

12 (A) withhold additional financial assistance 

13 until the performance measures are met; or 

14 (B) terminate the grant agreement. 

15 (l) COMMUNITY ADVISORY BOARD.— 

16 (1) IN GENERAL.—For each project carried out 

17 with a grant under the program, the eligible entity 

18 shall form a community advisory board. 

19 (2) COMPOSITION.—A community advisory 

20 board shall be composed of representatives of— 

21 (A) the relevant State and units of local 

22 government; 

23 (B) the relevant State workforce develop24 ment board or local workforce development 

25 board; 


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1 (C) relevant metropolitan planning organi2 zations; 

3 (D) labor organizations; 

4 (E) residents or organizational representa5 tion of the area in which the project is occur6 ring; and 

7 (F) any other relevant representatives im8 portant to the implementation of the project, 

9 such as a county board of developmental dis10 abilities, as determined by the eligible entity, in 

11 coordination with the Secretary. 

12 (3) DUTIES.—A community advisory board 

13 shall, with respect to the applicable project— 

14 (A) ensure community engagement, trans15 parency, and accountability in carrying out each 

16 stage of the project; and 

17 (B) track, evaluate, and report progress on 

18 clear and meaningful indicators related to— 

19 (i) targeted hiring commitments; 

20 (ii) quality wage, benefits, and train21 ing commitments; 

22 (iii) goals for participation by small 

23 businesses and businesses in accordance 

24 with section 123(b) in the project; 


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1 (iv) progress made on the objectives of 

2 the program as described in subsection (a); 

3 and 

4 (v) any other relevant areas, as deter5 mined by the eligible entity, in coordina6 tion with the Secretary. 

7 (4) STIPEND.—The eligible entity may provide 

8 a stipend to representatives on the community advi9 sory board based on the expressed need of represent10 atives, on approval by the Secretary. 

11 (m) REPORTS.— 

12 (1) IN GENERAL.—Not less frequently than 

13 once each year, each eligible entity that receives a 

14 grant under the program, in coordination with the 

15 applicable community advisory board under sub16 section (l), shall submit to the Secretary periodic re17 ports on the use of the grant funds. 

18 (2) CONTENTS.—A periodic report under para19 graph (1) shall include— 

20 (A) the amount of Federal funds received, 

21 obligated, and expended by the eligible entity 

22 under the program; 

23 (B) the number of projects that have been 

24 put out to bid using the grant funds and the 


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1 amount of Federal funds associated with each 

2 project; 

3 (C) the number of projects for which con4 tracts have been awarded for the project carried 

5 out under the program and the amount of Fed6 eral funds associated with the contracts; 

7 (D) the number of projects for which work 

8 has begun under the contracts referred to in 

9 subparagraph (C) and the amount of Federal 

10 funds associated with the contracts; 

11 (E) the number of projects for which work 

12 has been completed under the contracts referred 

13 to in subparagraph (C) and the amount of Fed14 eral funds associated with the contracts; 

15 (F) the number of direct, on-project jobs 

16 created or sustained by the Federal funds pro17 vided for projects under the program and, to 

18 the extent possible, the estimated indirect jobs 

19 created or sustained in the associated supplying 

20 industries, including— 

21 (i) the number of job-years created 

22 and the total increase in employment in 

23 the project area since the date of enact24 ment of this Act; and 


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1 (ii) information on local hiring, hiring 

2 of economically disadvantaged individuals, 

3 and hiring of individuals with a barrier to 

4 employment (including ex-offenders) and 

5 disabled individuals, with respect to the 

6 project; 

7 (G) an analysis of the contracts awarded 

8 that indicates participation levels of small busi9 nesses and disadvantaged businesses; 

10 (H) suggestions for improvements in trans11 portation accessibility for disadvantaged popu12 lations, based on criteria developed by the Sec13 retary; and 

14 (I) any other criteria the Secretary deter15 mines to be appropriate. 

16 (3) REPORT TO CONGRESS.—Each fiscal year, 

17 the Secretary shall transmit to Congress the reports 

18 received by the Secretary under paragraph (1). 

19 (4) GAO REPORT ON INFRASTRUCTURE REMOV20 ALS.—Not later than 2 years after the date of enact21 ment of this Act, the Comptroller General of the 

22 United States shall submit to Congress a report on 

23 infrastructure removal, including— 


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1 (A) an identification of examples of 

2 projects to remove infrastructure using assist3 ance from a covered infrastructure program; 

4 (B) an evaluation of the effect of infra5 structure removal projects on the surrounding 

6 area, including impacts to the local economy, 

7 congestion effects, safety outcomes, and impacts 

8 on the movement of freight and people; 

9 (C) an analysis of the costs and benefits of 

10 removing underutilized infrastructure assets 

11 that are nearing the end of the useful life of the 

12 assets compared to replacing or reconstructing 

13 the assets; and 

14 (D) recommendations for integrating the 

15 findings and results under subparagraphs (A) 

16 through (C) into infrastructure planning and 

17 decisionmaking processes. 

18 (n) FUNDING.—There is authorized to be appro19 priated to carry out the program $5,000,000,000 for each 

20 of fiscal years 2022 through 2026. 


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1 TITLE II—LAUNCHING MIDDLE 

2 CLASS CAREER PATHWAYS IN 

3 INFRASTRUCTURE 

4 SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CA5 REERS PROGRAM. 

6 (a) DEFINITIONS.— 

7 (1) WIOA DEFINITIONS.—In this section— 

8 (A) the terms ‘‘career pathway’’, ‘‘commu9 nity-based organization’’, ‘‘individual with a 

10 barrier to employment’’, ‘‘industry or sector 

11 partnership’’, ‘‘integrated education and train12 ing’’, ‘‘recognized postsecondary credential’’, 

13 and ‘‘workforce development system’’ have the 

14 meanings given those terms in section 3 of the 

15 Workforce Innovation and Opportunity Act (29 

16 U.S.C. 3102); and 

17 (B) the term ‘‘postsecondary educational 

18 institution’’ has the meaning given the term in 

19 section 203 of the Workforce Innovation and 

20 Opportunity Act (29 U.S.C. 3272). 

21 (2) OTHER DEFINITIONS.—In this section: 

22 (A) CAREER AND TECHNICAL EDU23 CATION.—The term ‘‘career and technical edu24 cation’’ has the meaning given the term in secVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 tion 3 of the Carl D. Perkins Career and Tech2 nical Education Act of 2006 (20 U.S.C. 2302). 

3 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

4 entity’’ means— 

5 (i) a local workforce development 

6 board; 

7 (ii) a State workforce development 

8 board; 

9 (iii) an industry or sector partnership, 

10 which may be led by any member of such 

11 partnership, including— 

12 (I) a community-based organiza13 tion; 

14 (II) a recognized State labor or15 ganization, central labor council, or 

16 another labor representative, as ap17 propriate; or 

18 (III) an education or training 

19 provider; or 

20 (iv) any combination of entities de21 scribed in any of clauses (i) through (iii). 

22 (C) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Labor. 

24 (D) SUPPORTIVE SERVICES.—The term 

25 ‘‘supportive services’’ means services such as 


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1 transportation, child care, dependent care, 

2 housing, and needs-related payments, that are 

3 necessary to enable an individual to participate 

4 in activities authorized under this Act or under 

5 the Workforce Innovation and Opportunity Act 

6 (29 U.S.C. 3101 et seq.). 

7 (E) TARGETED INFRASTRUCTURE INDUS8 TRY.—The term ‘‘targeted infrastructure indus9 try’’ means an infrastructure industry, includ10 ing transportation (including surface, transit, 

11 aviation, or railway transportation), construc12 tion, energy, water, information technology, or 

13 utilities industries, that the eligible entity iden14 tifies in accordance with subsection (c)(2)(A). 

15 (F) WORK-BASED LEARNING PROGRAM.— 

16 The term ‘‘work-based learning program’’ 

17 means a program that provides workers with 

18 paid work experience and corresponding class19 room instruction, delivered in an employment 

20 relationship that both the business and worker 

21 intend to be permanent. 

22 (b) ESTABLISHMENT OF BUILDING AMERICAN IN23 FRASTRUCTURE AND CAREERS PROGRAM.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 retary, in consultation with the Secretary of Trans2 portation, the Secretary of Energy, the Secretary of 

3 Commerce, the Secretary of Education, the Adminis4 trator of the Environmental Protection Agency, and 

5 the Chief of Engineers of the Army Corps of Engi6 neers, shall establish a program, to be known as the 

7 ‘‘Building American Infrastructure and Careers Pro8 gram’’, to provide grants under paragraph (2) to eli9 gible entities for the purposes of— 

10 (A) promoting careers and quality employ11 ment practices in targeted infrastructure indus12 tries among individuals with a barrier to em13 ployment (including ex-offenders), veterans, or 

14 individuals who are traditionally underrep15 resented in the targeted infrastructure indus16 tries; 

17 (B) leveraging the existing capacity of 

18 workforce development systems through dem19 onstrated partnerships to strategically facilitate 

20 and align quality training, including industry or 

21 sector partnerships, registered apprenticeship 

22 programs, and pre-apprenticeship programs af23 filiated with registered apprenticeship pro24 grams, and hiring that create a pipeline of 

25 qualified workers; and 


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1 (C) advancing efficiency and performance 

2 on projects in targeted infrastructure indus3 tries. 

4 (2) GRANTS.— 

5 (A) IN GENERAL.—The Secretary, in con6 sultation with the Secretary of Transportation, 

7 the Secretary of Energy, the Secretary of Com8 merce, the Secretary of Education, the Admin9 istrator of the Environmental Protection Agen10 cy, and the Chief of Engineers of the Army 

11 Corps of Engineers, shall award grants on a 

12 competitive basis to eligible entities that submit 

13 an application meeting the requirements under 

14 subsection (c) for such eligible entities to, sub15 ject to subparagraph (E), carry out a job train16 ing program including the activities described in 

17 subsection (d) for assisting individuals with a 

18 barrier to employment (including ex-offenders), 

19 veterans, or individuals who are traditionally 

20 underrepresented in the targeted infrastructure 

21 industry, in obtaining and maintaining employ22 ment in a targeted infrastructure industry. 

23 (B) TYPES OF GRANTS.—A grant awarded 

24 under this section may be in the form of— 


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1 (i) an implementation grant, for enti2 ties seeking an initial grant under this sec3 tion, in order for such entity to establish 

4 and carry out a job training program de5 scribed in subparagraph (A); or 

6 (ii) a renewal grant for entities that 

7 have already received an implementation 

8 grant under this section for such a job 

9 training program, in order for such entity 

10 to continue carrying out such job training 

11 program. 

12 (C) DURATION.—Each grant awarded 

13 under this section shall be for a period not to 

14 exceed 3 years. 

15 (D) AMOUNT.—The amount of a grant 

16 awarded under this section may not exceed— 

17 (i) for an implementation grant, 

18 $2,500,000; and 

19 (ii) for a renewal grant, $1,500,000. 

20 (E) CONSTRUCTION INDUSTRY.—Notwith21 standing any other provision in this section, if 

22 the targeted infrastructure industry for a grant 

23 awarded under this section is the construction 

24 industry, the grant shall only be available for 

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1 ticeship program affiliated with a registered ap2 prenticeship program. 

3 (3) AWARD BASIS.— 

4 (A) GEOGRAPHIC DIVERSITY.—The Sec5 retary shall award grants under this section in 

6 a manner that ensures geographic diversity in 

7 the areas in which activities will be carried out 

8 under the grants, including a balance between 

9 rural and tribal areas and urban areas. 

10 (B) PRIORITY FOR TARGETED HIRING OR

11 U.S. EMPLOYMENT PLAN PROJECTS.—In award12 ing grants under this section, the Secretary 

13 shall give priority to eligible entities that— 

14 (i) ensure that not less than 50 per15 cent of the workers hired to participate in 

16 the job training program are hired through 

17 local hiring in accordance with section 111, 

18 including by prioritizing individuals with a 

19 barrier to employment (including ex-of20 fenders), disabled individuals, veterans, 

21 and individuals that represent populations 

22 that are traditionally underrepresented in 

23 the infrastructure workforce; or 

24 (ii) ensure the commitments described 

25 in clauses (i) and (ii) of section 


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1 131(a)(2)(A) with respect to carrying out 

2 the job training program. 

3 (C) PRIORITY FOR RENEWAL GRANTS.—In 

4 awarding renewal grants under this section, the 

5 Secretary shall give priority to eligible entities 

6 that demonstrate long-term sustainability of an 

7 industry or sector partnership. 

8 (c) APPLICATION PROCESS.— 

9 (1) IN GENERAL.—An eligible entity seeking a 

10 grant under this section shall submit to the Sec11 retary an application at such time, in such manner, 

12 and containing such information as the Secretary 

13 may reasonably require, including the contents de14 scribed in paragraph (2). 

15 (2) CONTENTS.—An application submitted 

16 under paragraph (1) shall contain, at a minimum— 

17 (A) an identification of the targeted infra18 structure industry to be served by the job train19 ing program supported by a grant under this 

20 section; 

21 (B) a description of the individuals with a 

22 barrier to employment, veterans, or individuals 

23 who are traditionally underrepresented in the 

24 targeted infrastructure industry, that will be 

25 served by such program, including— 


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1 (i) an analysis of the labor market in 

2 the targeted infrastructure industry; 

3 (ii) a description of the barriers to 

4 employment that may affect such individ5 uals; and 

6 (iii) a description of strategies that 

7 the program will employ to help such indi8 viduals overcome such barriers; 

9 (C) a description of the credentials that 

10 the program will assist such individuals in ob11 taining, which credentials— 

12 (i) shall be nationally portable; 

13 (ii) shall be recognized postsecondary 

14 credentials or, if not available for the in15 dustry, other credentials determined by the 

16 Secretary to be appropriate; and 

17 (iii) shall be related to the targeted 

18 infrastructure industry; and 

19 (D) a description of the services described 

20 in subsection (d)(3) that the program will offer 

21 to such individuals. 

22 (d) ACTIVITIES.— 

23 (1) IN GENERAL.—Each job training program 

24 supported under this section— 

25 (A) shall include— 


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1 (i) activities designed to achieve the 

2 strategic objectives described in paragraph 

3 (2); and 

4 (ii) the services described in para5 graph (3) for individuals with a barrier to 

6 employment (including ex-offenders), vet7 erans, or individuals who are traditionally 

8 underrepresented in the targeted infra9 structure industry; and 

10 (B) may include a partnership between the 

11 eligible entity and an employer to assist such 

12 employer in carrying out a work-based learning 

13 program, including a registered apprenticeship 

14 program or a pre-apprenticeship program affili15 ated with a registered apprenticeship program. 

16 (2) STRATEGIC OBJECTIVES.—The strategic ob17 jectives described in this paragraph are the fol18 lowing: 

19 (A)(i) Recruiting key stakeholders in the 

20 targeted infrastructure industry, which stake21 holders may include employers, labor organiza22 tions, local workforce development boards, and 

23 education and training providers, including pro24 viders of career and technical education. 


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1 (ii) Regularly convening such stakeholders 

2 in a collaborative manner that supports the 

3 sharing of information, ideas, and challenges, 

4 which are common to the targeted infrastruc5 ture industry. 

6 (B) Identifying the training needs of em7 ployers in the targeted infrastructure industry, 

8 including— 

9 (i) needs for skills critical to competi10 tiveness and innovation in such industry; 

11 (ii) needs of registered apprenticeship 

12 programs, pre-apprenticeship programs af13 filiated with registered apprenticeship pro14 grams, or other work-based learning pro15 grams that may be supported by a grant 

16 under this section; and 

17 (iii) needs for the alignment of a job 

18 training program supported under this sec19 tion with career pathways. 

20 (C) Facilitating actions, through industry 

21 or sector partnerships, registered apprenticeship 

22 programs, or pre-apprenticeship programs affili23 ated with registered apprenticeship programs, 

24 that lead to economies of scale by aggregating 


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1 training and education needs of multiple em2 ployers in the targeted infrastructure industry. 

3 (D) Assisting postsecondary educational 

4 institutions, training institutions, sponsors of 

5 registered apprenticeship programs, and all 

6 other providers of career and technical edu7 cation and training programs that may be re8 ceiving assistance under this section, align cur9 ricula, entrance requirements, and programs to 

10 the targeted infrastructure industry needs and 

11 the credentials described in subsection 

12 (c)(2)(C), particularly for high-skill, high-pri13 ority occupations related to the targeted infra14 structure industry. 

15 (E) Providing information on the activities 

16 carried out through the job training program 

17 supported under this section to the State agen18 cy carrying out the State program under the 

19 Wagner-Peyser Act (29 U.S.C. 49 et seq.), in20 cluding staff of the agency that provide services 

21 under such Act, to enable the agency to inform 

22 recipients of unemployment compensation of the 

23 employment and training opportunities that 

24 may be offered through such job training pro25 gram supported under this section. 


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1 (F) Assisting employers in the targeted in2 frastructure industry to attract potential work3 ers from a diverse jobseeker base, including in4 dividuals with a barrier to employment (includ5 ing ex-offenders), veterans, or individuals who 

6 are traditionally underrepresented in the tar7 geted infrastructure industry, by identifying 

8 any such barriers, reasons for such underrep9 resentation, or related issues for veterans 

10 through analysis of the labor market in the tar11 geted infrastructure industry and implementing 

12 strategies to help such individuals overcome 

13 such barriers, reduce such underrepresentation, 

14 and address such issues. 

15 (3) SERVICES.— 

16 (A) IN GENERAL.—Each job training pro17 gram supported by a grant under this section 

18 shall provide services to individuals with a bar19 rier to employment, veterans, or individuals who 

20 are traditionally underrepresented in the tar21 geted infrastructure industry, which may in22 clude— 

23 (i) pre-employment services as de24 scribed in subparagraph (B); and 


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1 (ii) employment services as described 

2 in subparagraph (C). 

3 (B) PRE-EMPLOYMENT SERVICES.—The 

4 pre-employment services described in this sub5 paragraph may include— 

6 (i) skills training, including career 

7 and technical education, and integrated 

8 education and training, with respect to the 

9 targeted infrastructure industry; 

10 (ii) initial assessments of such individ11 uals; 

12 (iii) services to provide work attire 

13 and necessary tools for a work site in the 

14 targeted infrastructure industry; 

15 (iv) supportive services, such as child 

16 care and transportation; 

17 (v) mentoring services; and 

18 (vi) job placement assistance. 

19 (C) EMPLOYMENT SERVICES.—The em20 ployment services described in this subpara21 graph are services provided to individuals with 

22 a barrier to employment (including ex-offend23 ers), veterans, or individuals who are tradition24 ally underrepresented in the targeted infra25 structure industry, and that are employed in a 


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1 work-based learning program in the targeted in2 frastructure industry. A job training program 

3 supported by a grant under this section shall 

4 provide such services to such individuals during 

5 their first 6 months of employment through 

6 such program, to assure the individuals succeed 

7 in the program. Such services may include— 

8 (i) ongoing case management and 

9 services, including the services described in 

10 subparagraph (B); 

11 (ii) continued skills training, including 

12 career and technical education, integrated 

13 education and training, and soft-skills 

14 training such as problem solving and lead15 ership training, conducted in collaboration 

16 with the employers of such individuals; 

17 (iii) additional mentorship and reten18 tion supports for such individuals; and 

19 (iv) targeted training for the employer 

20 participating in the work-based learning 

21 program, including for frontline managers, 

22 journey level workers (such as mentors) 

23 working with individuals with a barrier to 

24 employment, veterans, or individuals who 

25 are traditionally underrepresented in the 


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1 targeted infrastructure industry, and 

2 human resource representatives of the em3 ployer. 

4 (e) EVALUATIONS.— 

5 (1) IN GENERAL.—Not later than 3 years after 

6 the date of enactment of this Act, the Secretary, in 

7 consultation with the Secretary of Transportation, 

8 the Secretary of Energy, the Secretary of Com9 merce, the Secretary of Education, the Adminis10 trator of the Environmental Protection Agency, and 

11 the Chief of Engineers of the Army Corps of Engi12 neers, shall prepare and submit a report to Congress 

13 that evaluates the effectiveness of the grants award14 ed under this section in advancing the strategic ob15 jectives described in subsection (d)(2), and the pur16 poses described in subsection (b)(1). 

17 (2) DATA.—The report required under para18 graph (1) shall provide and analyze each of the fol19 lowing: 

20 (A) The number of participants in job 

21 training programs supported under this section, 

22 disaggregated by age, race or ethnicity, gender, 

23 status as an individual with a barrier to em24 ployment, and income. 


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1 (B) The percentage of such participants 

2 who were in unsubsidized employment prior to 

3 enrolling in such program. 

4 (C) The median earnings of such partici5 pants prior to enrolling in such program. 

6 (D) The percentage of such participants 

7 who are in unsubsidized employment during the 

8 second quarter after exit from such program 

9 and salary statistics of such participants, in10 cluding mean and median earnings. 

11 (E) The percentage of such participants 

12 who are in unsubsidized employment during the 

13 fourth quarter after exit from such program 

14 and the salary statistics of such participants, 

15 including mean and median earnings. 

16 (F) The percentage of such participants 

17 who obtain a recognized postsecondary creden18 tial, or a secondary school diploma or its recog19 nized equivalent, during participation in or 

20 within 1 year after exit from such program. 

21 (G) The percentage of such participants 

22 who, during a program year, are in an edu23 cation or training program that leads to a rec24 ognized postsecondary credential or employment 


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1 and who are achieving measurable skill gains 

2 toward such a credential or employment. 

3 SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPAC4 ITY BUILDING PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means an entity that— 

8 (A) has an affiliate network in not less 

9 than 3 communities and across not less than 2 

10 States; 

11 (B) has the programmatic capability to 

12 serve individuals with a barrier to employment 

13 or individuals who are traditionally underrep14 resented in infrastructure industries; 

15 (C) has clearly and convincingly dem16 onstrated that it has the capacity to provide 

17 technical assistance to entities carrying out job 

18 training programs under section 201; and 

19 (D) submits an application in accordance 

20 with subsection (c). 

21 (2) INDIVIDUAL WITH A BARRIER TO EMPLOY22 MENT.—The term ‘‘individual with a barrier to em23 ployment’’ has the meaning given such term in sec24 tion 3 of the Workforce Innovation and Opportunity 

25 Act (29 U.S.C. 3102). 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (b) CAPACITY BUILDING PROGRAM.—The Secretary 

4 shall reserve 10 percent of the amounts appropriated 

5 under section 203 to award grants, contracts, or other 

6 agreements or arrangements as the Secretary determines 

7 appropriate, to eligible entities for the purpose of building 

8 the capacity of entities receiving a grant under section 201 

9 to implement the activities described in subsection (d) of 

10 such section to more effectively serve individuals with a 

11 barrier to employment, including ex-offenders, veterans, or 

12 individuals who are traditionally underrepresented in the 

13 targeted infrastructure industry served through the job 

14 training program supported under such section 201. 

15 (c) APPLICATION.—An entity seeking an award under 

16 this section shall submit to the Secretary an application 

17 at such time, in such manner, and containing such infor18 mation as the Secretary may reasonably require. 

19 (d) USE OF FUNDS.—An award made under this sec20 tion may be used to provide technical assistance to entities 

21 receiving a grant under section 201 in order for such enti22 ties to carry out the activities described in subsection (d) 

23 of that section. Such technical assistance may include as24 sistance with— 

25 (1) the development and training of staff; 


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1 (2) the provision of outreach, intake, assess2 ments, and service delivery; 

3 (3) the coordination of services across providers 

4 and programs; and 

5 (4) the development of performance account6 ability measures. 

7 (e) AMOUNT.—The amount of a grant awarded under 

8 this section may not exceed $5,000,000. 

9 (f) REPORT.—An eligible entity receiving a grant 

10 under this section shall, not later than 6 months after the 

11 grant is awarded, submit to the Secretary a report that 

12 includes— 

13 (1) a description of the impact of the technical 

14 assistance provided under this section on the out15 comes of grants under section 201; and 

16 (2) such other criteria as determined by the 

17 Secretary. 

18 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to carry out 

20 this title $1,000,000,000 for each of fiscal years 2022 

21 through 2026. 

22 TITLE III—INVESTING IN HIGH23 QUALITY AMERICAN JOBS 

24 SEC. 301. WAGE RATE. 

25 (a) DAVIS-BACON ACT.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, for fiscal year 2022 and each fiscal 

3 year thereafter, all laborers and mechanics employed 

4 by contractors or subcontractors on projects assisted 

5 in whole or in part under a covered infrastructure 

6 program, including projects described in paragraph 

7 (3) assisted in whole or in part under such pro8 grams, without regard to the form or type of Fed9 eral assistance provided under such program, shall 

10 be paid wages at rates not less than those prevailing 

11 on projects of a similar character in the locality as 

12 determined by the Secretary of Labor in accordance 

13 with subchapter IV of chapter 31 of title 40, United 

14 States Code (commonly known as the ‘‘Davis-Bacon 

15 Act’’). 

16 (2) AUTHORITY.—With respect to the labor 

17 standards specified in paragraph (1), the Secretary 

18 of Labor shall have the authority and functions set 

19 forth in Reorganization Plan Numbered 14 of 1950 

20 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

21 title 40, United States Code. 

22 (3) REVOLVING LOAN FUNDS.—A project de23 scribed in this paragraph is a project, in the case of 

24 a covered infrastructure program that capitalizes re25 volving loan funds, that is assisted in whole or in 


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1 part with amounts deposited in the revolving loan 

2 fund, including loan repayments and interest earned. 

3 (b) SERVICE EMPLOYEES.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, for fiscal year 2022 and each fiscal 

6 year thereafter, all service employees who are not 

7 covered under subsection (a) shall be paid a wage 

8 and fringe benefits that are not less than the min9 imum wage and fringe benefits determined in ac10 cordance with paragraphs (1) and (2), respectively, 

11 of section 6703 of title 41, United States Code. 

12 (2) DEFINITION OF SERVICE EMPLOYEE.—In 

13 this subsection, the term ‘‘service employee’’— 

14 (A) means an individual employed by a 

15 contractor or subcontractor in the performance 

16 of a project that is assisted in whole or in part 

17 under a covered infrastructure program, with18 out regard to the form or type of Federal as19 sistance provided under such program, and that 

20 the principal purpose of which is to furnish 

21 services in the United States; 

22 (B) includes an individual without regard 

23 to any contractual relationship alleged to exist 

24 between the individual and a contractor or sub25 contractor; but 


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1 (C) does not include an individual em2 ployed in a bona fide executive, administrative, 

3 or professional capacity, as those terms are de4 fined in part 541 of title 29, Code of Federal 

5 Regulations. 

6 (3) AUTHORITY.—With respect to paragraphs 

7 (1) and (2), the Secretary of Labor shall have the 

8 authority and functions set forth in chapter 67 of 

9 title 41, United States Code. 

10 SEC. 302. RAISE LABOR STANDARDS, IMPROVE WORKING 

11 CONDITIONS, AND STRENGTHEN WORKERS’ 

12 BARGAINING POWER. 

13 (a) DEFINITIONS.—In this section— 

14 (1) the term ‘‘covered award’’ means an award 

15 of not less than $500,000 made to an entity under 

16 a covered infrastructure program by the head of the 

17 relevant Federal agency; and 

18 (2) the term ‘‘covered subaward’’ means a 

19 subaward of not less than $500,000 made to an en20 tity under a covered infrastructure program by an21 other entity receiving a covered award. 

22 (b) REQUIRED PRE-GRANT, LOAN, OR CONTRACT

23 AWARD ACTIONS.— 


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1 (1) DISCLOSURES.—The head of a relevant 

2 Federal agency shall require an entity applying for 

3 a covered award— 

4 (A) to represent, to the best of the entity’s 

5 knowledge and belief, whether there has been 

6 any administrative merits determination, arbi7 tral award or decision, or civil judgment, as de8 fined in guidance issued by the Secretary of 

9 Labor, rendered against the entity in the pre10 ceding 3 years for violations of— 

11 (i) the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 201 et seq.); 

13 (ii) the Occupational Safety and 

14 Health Act of 1970 (29 U.S.C. 651 et 

15 seq.); 

16 (iii) the Migrant and Seasonal Agri17 cultural Worker Protection Act (29 U.S.C. 

18 1801 et seq.); 

19 (iv) the National Labor Relations Act 

20 (29 U.S.C. 151 et seq.); 

21 (v) subchapter IV of chapter 31 of 

22 title 40, United States Code (commonly 

23 known as the ‘‘Davis-Bacon Act’’); 


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1 (vi) chapter 67 of title 41, United 

2 States Code (commonly known as the 

3 ‘‘Service Contract Act’’); 

4 (vii) Executive Order 11246 (42 

5 U.S.C. 2000e note; relating to equal em6 ployment opportunity), including any 

7 amendment to such Executive order; 

8 (viii) section 503 of the Rehabilitation 

9 Act of 1973 (29 U.S.C. 793); 

10 (ix) section 4212 of title 38, United 

11 States Code; 

12 (x) the Family and Medical Leave Act 

13 of 1993 (29 U.S.C. 2601 et seq.); 

14 (xi) title VII of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000e et seq.); 

16 (xii) the Americans with Disabilities 

17 Act of 1990 (42 U.S.C. 12101 et seq.); 

18 (xiii) the Age Discrimination in Em19 ployment Act of 1967 (29 U.S.C. 621 et 

20 seq.); 

21 (xiv) Executive Order 13658 (79 Fed. 

22 Reg. 9851; relating to establishing a min23 imum wage for contractors); 

24 (xv) subsection (h) of this section; or 


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1 (xvi) equivalent State laws, as defined 

2 in guidance issued by the Secretary of 

3 Labor; and 

4 (2) to require any applicant for a covered 

5 subaward from the entity— 

6 (A) to represent to the best of the appli7 cant’s knowledge and belief, whether there has 

8 been any administrative merits determination, 

9 arbitral award or decision, or civil judgment, as 

10 defined in guidance issued by the Secretary of 

11 Labor, rendered against the applicant in the 

12 preceding 3 years for violations of any of the 

13 labor laws listed in paragraph (1); and 

14 (B) to update such information not less 

15 than every 6 months for the duration of the 

16 covered subaward. 

17 (c) PRE-AWARD CORRECTIVE MEASURES.—The head 

18 of a relevant Federal agency shall, prior to awarding a 

19 covered award, provide an entity that makes a disclosure 

20 under subsection (b)(1) an opportunity to report any steps 

21 taken to correct a violation of or improve compliance with 

22 the labor laws listed in subsection (b)(1), including any 

23 agreements entered into by the entity with an enforcement 

24 agency. 

25 (d) DISCLOSURE OF VIOLATIONS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary of Labor shall establish a website that— 

4 (A) is available to the public at no cost; 

5 (B) indicates each violation disclosed under 

6 subsection (b) or (e)(1) with respect to an enti7 ty applying for, or receiving, a covered award or 

8 covered subaward until such violation is cor9 rected and the entity is in compliance with all 

10 labor laws listed in subsection (b)(1); and 

11 (C) is designed to enable interested parties 

12 to easily identify entities applying for, or receiv13 ing, covered awards or covered subawards that 

14 are in violation of any labor laws listed in sub15 section (b)(1) and steps taken by such entities 

16 to correct the violations or improve compliance 

17 with such laws. 

18 (2) FULFILLING REPORTING REQUIREMENTS.— 

19 The Secretary of Labor, in consultation with the Di20 rector of the Office of Management and Budget and 

21 the heads of the relevant Federal agencies, shall in22 clude on the website established under paragraph (1) 

23 the ability for all entities that apply for or receive 

24 covered awards or covered subawards to fulfill re25 porting requirements under this section. 


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1 (3) AGENCY COOPERATION.—The heads of the 

2 relevant Federal agencies shall provide the Secretary 

3 of Labor with the data necessary to maintain the 

4 website established under paragraph (1). 

5 (e) POST-AWARD GRANT, LOAN, OR CONTRACT AC6 TIONS.— 

7 (1) INFORMATION UPDATES.—The head of a 

8 relevant Federal agency shall require each entity re9 ceiving a covered award or covered subaward to, not 

10 later than once every 6 months, update the informa11 tion provided under paragraph (1) or (2), as applica12 ble, of subsection (b). 

13 (2) CORRECTIVE ACTIONS.— 

14 (A) ENTITY AWARDED ASSISTANCE.—The 

15 head of a relevant Federal agency, in consulta16 tion with the Labor Compliance Advisor des17 ignated by such head under subsection (f) and 

18 in coordination with the heads of the other rel19 evant Federal agencies as applicable, shall de20 termine whether any information provided 

21 under paragraph (1) by an entity receiving a 

22 covered award warrants corrective action. Such 

23 action— 

24 (i) may include— 


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1 (I) an agreement requiring ap2 propriate remedial measures; 

3 (II) compliance assistance; 

4 (III) resolving issues to avoid 

5 further violations; 

6 (IV) the decision not to exercise 

7 an option on assistance awarded or to 

8 terminate the assistance awarded; or 

9 (V) in coordination with the 

10 heads of the other relevant Federal 

11 agencies, the decision to debar or sus12 pend the entity from future participa13 tion in any of the covered infrastruc14 ture programs; and 

15 (ii) shall include disclosure on the 

16 website established under subsection (d). 

17 (B) SUBAWARDS.—An entity that receives 

18 a covered award, in consultation with head of 

19 the relevant Federal agency and the Labor 

20 Compliance Advisor designated by such head 

21 under subsection (f), shall determine whether 

22 any information provided under subsection 

23 (b)(2) by a recipient of a covered subaward 

24 warrants corrective action, including remedial 


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1 measures, compliance assistance, and resolving 

2 issues to avoid further violations. 

3 (3) DEPARTMENT OF LABOR INVESTIGA4 TIONS.—The Secretary of Labor shall, as appro5 priate, inform the heads of the relevant Federal 

6 agencies of investigations by the Secretary of entities 

7 receiving covered awards or covered subawards for 

8 purposes of determining the appropriateness of ac9 tions described in subparagraphs (A) and (B) of 

10 paragraph (2). 

11 (f) LABOR COMPLIANCE ADVISORS.— 

12 (1) IN GENERAL.—Each head of a relevant 

13 Federal agency shall designate a senior official to 

14 serve as the Labor Compliance Advisor for the agen15 cy. 

16 (2) DUTIES.—The Labor Compliance Advisor 

17 shall— 

18 (A) meet quarterly with the Deputy Sec19 retary, Deputy Administrator, or equivalent of20 ficial of the agency with regard to matters cov21 ered under this section; 

22 (B) work with officials of the agency to 

23 promote greater awareness and understanding 

24 of— 


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1 (i) the labor laws listed in subsection 

2 (b)(1), including recordkeeping, reporting, 

3 and notice requirements under such laws; 

4 and 

5 (ii) best practices for compliance with 

6 such laws; 

7 (C) advise the head of the relevant Federal 

8 agency whether agreements are in place or are 

9 otherwise needed to address appropriate reme10 dial measures, compliance assistance, steps to 

11 resolve issues to avoid violations of the labor 

12 laws listed in subsection (b)(1), or other related 

13 matters concerning entities applying for or re14 ceiving covered awards or covered subawards; 

15 (D) coordinate assistance for entities that 

16 apply for or receive covered awards or covered 

17 subawards that are seeking help in addressing 

18 and preventing violations of such labor laws; 

19 (E) in consultation with the Secretary of 

20 Labor or other relevant enforcement agencies, 

21 provide assistance to the head of the relevant 

22 Federal agency regarding appropriate actions to 

23 be taken in response to violations, by entities 

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1 section (b)(1) identified prior to or after receipt 

2 of such awards, and to address complaints in a 

3 timely manner, by— 

4 (i) providing assistance to officials of 

5 the agency in reviewing the information 

6 provided under subsections (b) and (e)(1), 

7 or other information indicating a violation 

8 of such a labor law, in order to assess the 

9 serious, repeated, willful, or pervasive na10 ture of such violation and evaluate steps 

11 entities applying for or receiving covered 

12 awards or covered subawards have taken to 

13 correct violations of or improve compliance 

14 with such laws; 

15 (ii) helping officials of the agency de16 termine the appropriate response to ad17 dress violations of the labor laws listed in 

18 subsection (b)(1), or other information in19 dicating such violations, particularly seri20 ous, repeated, willful, or pervasive viola21 tions, including agreements requiring ap22 propriate remedial measures, decisions not 

23 to award assistance or exercise an option 

24 on an award of assistance, termination of 

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1 tails to be posted on the website estab2 lished under subsection (d); 

3 (iii) providing assistance to officials of 

4 the agency in receiving and responding to, 

5 or making referrals of, complaints alleging 

6 violations of the labor laws listed in sub7 section (b)(1) by entities applying for or 

8 receiving covered awards or covered sub9 awards; 

10 (iv) supporting officials of the agency 

11 in the coordination of actions taken pursu12 ant to this section to ensure agency-wide 

13 consistency, to the extent practicable; and 

14 (v) as appropriate, sending informa15 tion to agency suspension and debarment 

16 officials in accordance with agency proce17 dures; 

18 (F) consult with the head of the relevant 

19 Federal agency, and the Secretary of Labor as 

20 necessary, in the development of regulations, 

21 policies, and guidance addressing compliance 

22 with the labor laws listed in subsection (b)(1) 

23 by entities applying for or receiving covered 

24 awards or covered subawards; 


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1 (G) make recommendations to the head of 

2 the relevant Federal agency to strengthen agen3 cy management of compliance with such labor 

4 laws by entities applying for or receiving cov5 ered awards or covered subawards; 

6 (H) publicly report, on an annual basis, a 

7 summary of actions taken by the head of the 

8 relevant Federal agency to promote greater 

9 compliance with the labor laws listed in sub10 section (b)(1), including the head’s response to 

11 serious, repeated, willful, or pervasive violations 

12 of such labor laws; and 

13 (I) participate in the interagency meetings 

14 regularly convened by the Secretary of Labor 

15 under subsection (g)(2). 

16 (g) MEASURES TO ENSURE GOVERNMENT-WIDE

17 CONSISTENCY.—Not later than 1 year after the date of 

18 enactment of this Act, the Secretary of Labor shall— 

19 (1) develop a process— 

20 (A) for the Labor Compliance Advisors 

21 designated under subsection (f) to consult with 

22 the Secretary of Labor in carrying out the re23 sponsibilities of such Advisors under subsection 

24 (f)(2)(E); and 


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1 (B) by which the head of the relevant Fed2 eral agencies and Labor Compliance Advisors 

3 may give appropriate consideration to deter4 minations and agreements made by the Sec5 retary of Labor and such heads; 

6 (2) regularly convene interagency meetings of 

7 Labor Compliance Advisors to share and promote 

8 best practices for improving compliance with the 

9 labor laws listed in subsection (b)(1); and 

10 (3) designate an appropriate contact within the 

11 Department of Labor with whom the heads of the 

12 relevant Federal agencies may consult with respect 

13 to requirements and activities under this section. 

14 (h) WORKFORCE DIVERSITY PROGRAMS.— 

15 (1) IN GENERAL.—The head of a relevant Fed16 eral agency, in coordination with the Secretary of 

17 Labor, shall require each entity that has not less 

18 than 50 employees and receives a covered award or 

19 covered subaward to develop and maintain a work20 force diversity program in accordance with this sub21 section to ensure equal employment opportunity 

22 through the recruitment, selection, and advancement 

23 of individuals who are qualified for the applicable 

24 position and who are individuals with a barrier to 


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1 employment (including ex-offenders), racial or ethnic 

2 minorities, women, disabled individuals, or veterans. 

3 (2) STRUCTURE OF WORKFORCE DIVERSITY

4 PROGRAMS.—A workforce diversity program required 

5 under paragraph (1) of an entity described in such 

6 paragraph shall include programs, policies, practices, 

7 and procedures that fulfill the purposes of this sub8 section. Such programs, policies, practices, and pro9 cedures shall— 

10 (A) contain a diagnostic component that 

11 includes more than 1 quantitative analysis de12 signed to evaluate the composition of the work13 force of the entity and compare such composi14 tion to the composition of other relevant 

15 workforces; 

16 (B) include action-oriented programs, such 

17 as programs for training and outreach; 

18 (C) include internal auditing and reporting 

19 systems as a means of— 

20 (i) measuring the entity’s progress to21 ward achieving a diverse workforce; and 

22 (ii) monitoring and examining employ23 ment decisions and compensation systems 

24 to evaluate the impact of those systems on 

25 diverse applicants and employees; 


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1 (D) be incorporated into the entity’s per2 sonnel policies, practices, and procedures; 

3 (E) be updated annually for the duration 

4 of the project assisted by the covered award or 

5 covered subaward; and 

6 (F) be readily available for reporting to the 

7 Secretary for the purposes of compliance re8 view. 

9 (3) DESIGNATION OF RESPONSIBILITY.—An en10 tity described in paragraph (1) shall provide for the 

11 implementation of the workforce diversity program 

12 required under such paragraph by— 

13 (A) assigning responsibility and account14 ability to an official of the entity; and 

15 (B) providing the assigned official with the 

16 authority, resources, and support of and access 

17 to top management of the entity to ensure the 

18 effective implementation of such program. 

19 (4) IDENTIFICATION OF PROBLEM AREAS.— 

20 (A) IN GENERAL.—An entity described in 

21 paragraph (1) shall perform an in-depth anal22 ysis of the employment process of the entity to 

23 determine— 


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1 (i) whether impediments to equal em2 ployment opportunity exist in such process; 

3 and 

4 (ii) if such impediments exist, the as5 pects of such process in which such im6 pediments exist. 

7 (B) EVALUATIONS.—An analysis under 

8 subparagraph (A) shall include an analysis of— 

9 (i) whether, across different positions 

10 of the entity, there are problems of utiliza11 tion or distribution of individuals who are 

12 qualified for such positions and are individ13 uals with a barrier to employment (includ14 ing ex-offenders), racial or ethnic minori15 ties, women, disabled individuals, or vet16 erans; 

17 (ii) personnel activity to determine 

18 whether there are selection disparities, 

19 which such analysis may include an anal20 ysis of the number of applications and 

21 interviews, hires, terminations, promotions, 

22 and other personnel actions of the entity; 

23 (iii) compensation systems to deter24 mine whether there are disparities in com25 pensation; 


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1 (iv) selection, recruitment, referral, 

2 and other personnel procedures to deter3 mine whether such procedures result in 

4 disparities in the employment or advance5 ment of individuals who are qualified for 

6 the applicable position and are individuals 

7 with a barrier to employment (including 

8 ex-offenders), racial or ethnic minorities, 

9 women, disabled individuals, or veterans; 

10 and 

11 (v) any other issue that may impact 

12 the success of the workforce diversity pro13 gram required of the entity under para14 graph (1). 

15 (5) ACTION-ORIENTED PROGRAMS.—An entity 

16 described in paragraph (1) shall develop and execute 

17 action-oriented programs designed to— 

18 (A) correct any problem areas identified 

19 under this subsection; and 

20 (B) attain established goals and objectives 

21 that— 

22 (i) require the entity to follow dif23 ferent procedures than those procedures 

24 that may have previously produced inad25 equate results; and 


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1 (ii) demonstrate the entity has made 

2 good faith efforts to remove identified bar3 riers to workforce diversity, expand em4 ployment opportunities, and produce meas5 urable results to achieve improved work6 force diversity. 

7 (6) INTERNAL AUDIT AND REPORTING SYS8 TEM.—An entity described in paragraph (1) shall 

9 develop and implement an auditing system that peri10 odically measures the effectiveness of the workforce 

11 diversity program developed and maintained by the 

12 entity under such paragraph. Such system shall in13 clude requirements for the entity to— 

14 (A) monitor records of all personnel activ15 ity, including referrals, placements, transfers, 

16 promotions, terminations, and compensation, at 

17 all levels of employment with the entity to en18 sure the workforce diversity program is carried 

19 out in accordance with the purposes of this sub20 section; 

21 (B) require internal reporting on a sched22 uled basis as to the degree to which equal em23 ployment opportunity and organizational objec24 tives are attained; 


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1 (C) review the results of reports required 

2 under this subsection with all levels of manage3 ment of the entity; and 

4 (D) advise top management of the entity 

5 of the effectiveness of the program and submit 

6 recommendations to improve unsatisfactory per7 formance with respect to the program. 

8 (7) COMPLIANCE STATUS.— 

9 (A) IN GENERAL.—In determining whether 

10 an entity described in paragraph (1) has com11 plied with the requirements for the workforce 

12 diversity program under this subsection, the 

13 head of the relevant Federal agency, in coordi14 nation with the Secretary of Labor, shall— 

15 (i) review the nature and extent of the 

16 entity’s good faith in carrying out activities 

17 under paragraphs (4), (5), and (6), and 

18 the appropriateness of those activities to 

19 identify equal employment opportunity 

20 problems; and 

21 (ii) analyze statistical data and other 

22 non-statistical information to indicate 

23 whether employees and applicants of the 

24 entity are being treated without regard to 

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1 entation, gender identity, national origin, 

2 or disability status. 

3 (B) TECHNICAL ASSISTANCE.—The head 

4 of the relevant Federal agency, in coordination 

5 with the Secretary of Labor, may provide tech6 nical assistance to an entity described in para7 graph (1) to assist such entity in achieving 

8 compliance with the requirements under this 

9 subsection, which may include an agreement be10 tween the head of the relevant Federal agency 

11 and the entity requiring appropriate remedial 

12 measures. 

13 (C) CORRECTIVE ACTION.—If an entity de14 scribed in paragraph (1) remains in noncompli15 ance with the requirements under this sub16 section following technical assistance under sub17 paragraph (B), the head of the relevant Federal 

18 agency, in coordination with the Secretary of 

19 Labor and the heads of the other relevant Fed20 eral agencies as applicable, may take corrective 

21 action against the entity. Such action may in22 clude— 

23 (i) the decision not to exercise an op24 tion on assistance awarded or to terminate 

25 the assistance awarded; or 


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1 (ii) in coordination with the heads of 

2 the other relevant Federal agencies, the de3 cision to debar or suspend the entity from 

4 future participation in any of the covered 

5 infrastructure programs. 

6 (i) PAYCHECK TRANSPARENCY.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (3), each head of a relevant Federal agency 

9 shall require entities receiving a covered award or a 

10 covered subaward to provide each individual de11 scribed in paragraph (2) with a document for each 

12 pay period containing information concerning, with 

13 respect to such individual for such pay period— 

14 (A) hours worked, including overtime 

15 hours worked; 

16 (B) pay, including any additions made to 

17 or deductions made from pay; and 

18 (C) job classification. 

19 (2) INDIVIDUALS DESCRIBED.—An individual 

20 described in this paragraph is any individual per21 forming work on a project for an entity, receiving a 

22 covered award or covered subaward, that is required 

23 to maintain wage records with respect to such indi24 vidual under— 


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1 (A) the Fair Labor Standards Act of 1938 

2 (29 U.S.C. 201 et seq.); 

3 (B) subchapter IV of chapter 31 of title 

4 40, United States Code (commonly referred to 

5 as the ‘‘Davis-Bacon Act’’); 

6 (C) chapter 67 of title 41, United States 

7 Code (commonly known as the ‘‘Service Con8 tract Act’’); or 

9 (D) any applicable State law. 

10 (3) EXCEPTIONS.— 

11 (A) EMPLOYEES EXEMPT FROM OVERTIME

12 REQUIREMENTS.—A document provided under 

13 paragraph (1) to an individual who is exempt 

14 under section 13 of the Fair Labor Standards 

15 Act of 1938 (29 U.S.C. 213) from the overtime 

16 compensation requirements under section 7 of 

17 such Act (29 U.S.C. 207) shall not be required 

18 to include a record of the hours worked by the 

19 individual if the entity receiving the covered 

20 award or covered subaward informs the indi21 vidual of the status of such individual as ex22 empt from such overtime compensation require23 ments. 

24 (B) SUBSTANTIALLY SIMILAR STATE

25 LAWS.—The requirements under this subsection 


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1 shall be deemed to be satisfied if the entity re2 ceiving the covered award or covered subaward 

3 complies with State or local requirements that 

4 the Secretary of Labor has determined are sub5 stantially similar to the requirements under this 

6 subsection. 

7 (4) INDEPENDENT CONTRACTORS.—If an entity 

8 receiving a covered award or covered subaward 

9 treats an individual performing work on a project 

10 assisted by such award or subaward as an inde11 pendent contractor, and not as an employee, of the 

12 entity, the entity shall provide the individual a docu13 ment informing the individual of the status of the 

14 individual as an independent contractor. 

15 (j) NOTICE OF HIRE.— 

16 (1) IN GENERAL.—Each head of a relevant 

17 Federal agency shall require entities receiving a cov18 ered award or a covered subaward to provide each 

19 individual described in subsection (i)(2), at the time 

20 of hiring, a written notice containing each of the fol21 lowing: 

22 (A) The name of the entity, including any 

23 name used by the entity in conducting business. 

24 (B) The physical address of the entity’s 

25 main office or principal place of business, and 


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1 a mailing address, if different from such phys2 ical address. 

3 (C) The telephone number of the entity. 

4 (D) The date on which the individual will 

5 regularly receive a paycheck from the entity. 

6 (E) The individual’s rate of pay, and the 

7 basis of that rate, including (as applicable)— 

8 (i) by the hour, shift, day, week, sal9 ary, piece, or commission; 

10 (ii) any allowances claimed as part of 

11 the minimum wage, including tips and 

12 meal or lodging allowances; and 

13 (iii) overtime rate of pay, including 

14 any exemptions from overtime pay. 

15 (F) The individual’s job classification, and 

16 the prevailing wage for the corresponding class 

17 of laborers and mechanics employed on projects 

18 of a similar character in the locality in which 

19 the work is to be performed. 

20 (2) ENFORCEMENT.— 

21 (A) FINE.— 

22 (i) IN GENERAL.—The head of a rel23 evant Federal agency may assess a civil 

24 fine, subject to clause (ii), of $500 against 

25 an entity that knowingly violates paraVerDate Sep 11 2014 03:17 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3473.IH H3473

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1 graph (1) for each individual to whom the 

2 entity failed to notify in violation of such 

3 paragraph. 

4 (ii) INFLATION.—The head of a rel5 evant Federal agency shall, for each year 

6 beginning 1 year after the date of enact7 ment of this Act, adjust the amount under 

8 clause (i) for inflation. 

9 (B) REBUTTABLE PRESUMPTION.—The 

10 failure to provide a notice in compliance with 

11 paragraph (1) shall be a rebuttable presumption 

12 that an entity required to provide such notice 

13 knowingly violated such paragraph. 

14 (k) NEUTRALITY.— 

15 (1) ALLOWABLE COSTS.—Except as provided in 

16 paragraph (2), an entity receiving a covered award 

17 or covered subaward may use the assistance of such 

18 award or subaward for costs incurred in maintaining 

19 satisfactory relations between the entity and employ20 ees of the entity on a project assisted by the award 

21 or subaward, including costs of shop stewards, labor 

22 management committees, employee publications, and 

23 other related activities. 

24 (2) LIMITATION ON FEDERAL ASSISTANCE.— 


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1 (A) IN GENERAL.—No Federal assistance 

2 made available under a covered award or cov3 ered subaward may be used for costs incurred 

4 in— 

5 (i) activities undertaken to persuade 

6 employees of any entity to exercise or not 

7 to exercise, or concerning the manner of 

8 such employees in exercising or not exer9 cising, the right to organize and bargain 

10 collectively through representatives of the 

11 employees’ own choosing; or 

12 (ii) any other activities that are sub13 ject to the requirements under section 

14 203(b) of the Labor-Management Report15 ing and Disclosure Act of 1959 (29 U.S.C. 

16 433(b)). 

17 (B) EXAMPLES.—Examples of costs pro18 hibited under subparagraph (A) include the 

19 costs of— 

20 (i) preparing and distributing mate21 rials for a purpose described in subpara22 graph (A); 

23 (ii) hiring or consulting legal counsel 

24 or consultants for such purpose; 


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1 (iii) meetings held for such purpose 

2 (including paying the salaries of the 

3 attendees at such meetings); and 

4 (iv) planning or conducting activities 

5 for such purpose during work hours by 

6 managers, supervisors, or labor organiza7 tion representatives. 

8 (l) COMPLAINT AND DISPUTE TRANSPARENCY.— 

9 (1) IN GENERAL.— 

10 (A) AWARDS.—Each head of a relevant 

11 Federal agency shall require entities receiving a 

12 covered award to agree that any decision to ar13 bitrate the claim of an employee or independent 

14 contractor performing work for a project as15 sisted by the award that arises under title VII 

16 of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000e et seq.) or that involves any tort related 

18 to or arising out of sexual assault or sexual 

19 harassment may only be made with the vol20 untary consent of the employee or independent 

21 contractor after the dispute arises. 

22 (B) SUBAWARDS.—Each head of a relevant 

23 Federal agency shall require that an entity cov24 ered under subparagraph (A) incorporate the 

25 requirement under such subparagraph into each 


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1 subaward made for a project assisted by the 

2 award. 

3 (2) EXCEPTION FOR EMPLOYEES AND INDE4 PENDENTS CONTRACTORS.— 

5 (A) IN GENERAL.—The requirements 

6 under paragraph (1) shall not apply with re7 spect to an employee or independent contractor 

8 who— 

9 (i) is covered by a collective bar10 gaining agreement negotiated between the 

11 entity receiving an award or subaward and 

12 a labor organization representing the em13 ployee or independent contractor; or 

14 (ii) except as provided in subpara15 graph (B), entered into a valid agreement 

16 to arbitrate claims described in such para17 graph before the entity received the award 

18 or subaward described in such paragraph. 

19 (B) APPLICABILITY.—The requirements 

20 under paragraph (1) shall apply with respect to 

21 an employee or independent contractor of an 

22 entity receiving a covered award or covered 

23 subaward— 

24 (i) if the entity receiving the award or 

25 subaward is permitted to change the terms 


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1 of the agreement described in subpara2 graph (A)(ii) with the employee or inde3 pendent contractor; or 

4 (ii) in the event such agreement is re5 negotiated or replaced after the entity re6 ceives the award or subaward. 

7 (m) DEFINITION OF INDIVIDUAL WITH A BARRIER

8 TO EMPLOYMENT.—In this section, the term ‘‘individual 

9 with a barrier to employment’’ has the meaning given such 

10 term in section 3 of the Workforce Innovation and Oppor11 tunity Act (29 U.S.C. 3102). 

12 SEC. 303. BUY AMERICA BUREAU. 

13 (a) DEFINITIONS.—In this section: 

14 (1) BUY AMERICA LAW.—The term ‘‘Buy Amer15 ica law’’ means— 

16 (A) section 313 of title 23, United States 

17 Code; 

18 (B) section 5323(j) of title 49, United 

19 States Code; 

20 (C) section 22905(a) of title 49, United 

21 States Code; 

22 (D) section 50101(a) of title 49, United 

23 States Code; 

24 (E) section 608 of the Federal Water Pol25 lution Control Act (33 U.S.C. 1388); and 


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1 (F) section 1452(a)(4) of the Safe Drink2 ing Water Act (42 U.S.C. 300j–12(a)(4)). 

3 (2) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the Buy America Bureau established 

5 by subsection (b). 

6 (b) ESTABLISHMENT.—There is established in the 

7 Department of Commerce an office, to be known as the 

8 ‘‘Buy America Bureau’’. 

9 (c) LEADERSHIP.—The Buy America Bureau shall be 

10 headed by a Director, who shall— 

11 (1) be appointed by the Secretary of Commerce; 

12 and 

13 (2) report to the Secretary of Commerce. 

14 (d) DUTIES.—The Director shall— 

15 (1) establish a program to certify and conduct 

16 oversight of third-party auditors that work with enti17 ties that receive assistance under a covered infra18 structure program to ensure compliance with Buy 

19 America laws; 

20 (2) establish guidelines for ensuring trans21 parency in the Buy America auditing process under 

22 paragraph (1), including— 

23 (A) the use of and fulfillment of requests 

24 pursuant to section 552 of title 5, United 


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1 States Code (commonly known as the ‘‘Freedom 

2 of Information Act’’); and 

3 (B) the disclosure of information relating 

4 to a Buy America audit by third-party auditors 

5 under paragraph (1); 

6 (3) establish guidelines to support the establish7 ment, strengthening, and oversight of compliance 

8 with Buy America laws, taking into consideration 

9 and seeking to maximize the direct and indirect do10 mestic jobs benefitted or created; 

11 (4) establish a clearinghouse website to make 

12 publicly available information on— 

13 (A) Buy America audits conducted by 

14 third-party auditors under paragraph (1); 

15 (B) third-party auditors that have received 

16 a certification from the Director under para17 graph (1); and 

18 (C) requested waivers of Buy America laws 

19 under covered infrastructure programs; and 

20 (5) submit to Congress an annual report on— 

21 (A) waivers from a Buy America law that 

22 have been requested; 

23 (B) waivers from a Buy America law that 

24 have been granted; and 


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1 (C) any supply chain gaps in the United 

2 States that may need to be addressed to im3 prove compliance with Buy America laws with4 out a waiver. 

Æ 


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