TITLE II—LAUNCHING MIDDLE 
CLASS CAREER PATHWAYS IN 
INFRASTRUCTURE 
SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CA-
REERS PROGRAM. 
(a) DEFINITIONS.— 
(1) WIOA DEFINITIONS.—In this section— 
(A) the terms ‘‘career pathway’’, ‘‘commu-
nity-based organization’’, ‘‘individual with a 
barrier to employment’’, ‘‘industry or sector 
partnership’’, ‘‘integrated education and train-
ing’’, ‘‘recognized postsecondary credential’’, 
and ‘‘workforce development system’’ have the 
meanings given those terms in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102); and 
(B) the term ‘‘postsecondary educational 
institution’’ has the meaning given the term in 
section 203 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3272). 
(2) OTHER DEFINITIONS.—In this section: 
(A) 
CAREER
AND
TECHNICAL
EDU-
CATION.—The term ‘‘career and technical edu-
cation’’ has the meaning given the term in sec-
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tion 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(B) ELIGIBLE ENTITY.—The term ‘‘eligible 
entity’’ means— 
(i) a local workforce development 
board; 
(ii) a State workforce development 
board; 
(iii) an industry or sector partnership, 
which may be led by any member of such 
partnership, including— 
(I) a community-based organiza-
tion; 
(II) a recognized State labor or-
ganization, central labor council, or 
another labor representative, as ap-
propriate; or 
(III) an education or training 
provider; or 
(iv) any combination of entities de-
scribed in any of clauses (i) through (iii). 
(C) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Labor. 
(D) SUPPORTIVE
SERVICES.—The term 
‘‘supportive services’’ means services such as 
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transportation, child care, dependent care, 
housing, and needs-related payments, that are 
necessary to enable an individual to participate 
in activities authorized under this Act or under 
the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3101 et seq.). 
(E) TARGETED INFRASTRUCTURE INDUS-
TRY.—The term ‘‘targeted infrastructure indus-
try’’ means an infrastructure industry, includ-
ing transportation (including surface, transit, 
aviation, or railway transportation), construc-
tion, energy, water, information technology, or 
utilities industries, that the eligible entity iden-
tifies in accordance with subsection (c)(2)(A). 
(F) WORK-BASED LEARNING PROGRAM.— 
The term ‘‘work-based learning program’’ 
means a program that provides workers with 
paid work experience and corresponding class-
room instruction, delivered in an employment 
relationship that both the business and worker 
intend to be permanent. 
(b) ESTABLISHMENT OF BUILDING AMERICAN IN-
FRASTRUCTURE AND CAREERS PROGRAM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
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retary, in consultation with the Secretary of Trans-
portation, the Secretary of Energy, the Secretary of 
Commerce, the Secretary of Education, the Adminis-
trator of the Environmental Protection Agency, and 
the Chief of Engineers of the Army Corps of Engi-
neers, shall establish a program, to be known as the 
‘‘Building American Infrastructure and Careers Pro-
gram’’, to provide grants under paragraph (2) to eli-
gible entities for the purposes of— 
(A) promoting careers and quality employ-
ment practices in targeted infrastructure indus-
tries among individuals with a barrier to em-
ployment (including ex-offenders), veterans, or 
individuals who are traditionally underrep-
resented in the targeted infrastructure indus-
tries; 
(B) leveraging the existing capacity of 
workforce development systems through dem-
onstrated partnerships to strategically facilitate 
and align quality training, including industry or 
sector partnerships, registered apprenticeship 
programs, and pre-apprenticeship programs af-
filiated with registered apprenticeship pro-
grams, and hiring that create a pipeline of 
qualified workers; and 
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(C) advancing efficiency and performance 
on projects in targeted infrastructure indus-
tries. 
(2) GRANTS.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Transportation, 
the Secretary of Energy, the Secretary of Com-
merce, the Secretary of Education, the Admin-
istrator of the Environmental Protection Agen-
cy, and the Chief of Engineers of the Army 
Corps of Engineers, shall award grants on a 
competitive basis to eligible entities that submit 
an application meeting the requirements under 
subsection (c) for such eligible entities to, sub-
ject to subparagraph (E), carry out a job train-
ing program including the activities described in 
subsection (d) for assisting individuals with a 
barrier to employment (including ex-offenders), 
veterans, or individuals who are traditionally 
underrepresented in the targeted infrastructure 
industry, in obtaining and maintaining employ-
ment in a targeted infrastructure industry. 
(B) TYPES OF GRANTS.—A grant awarded 
under this section may be in the form of— 
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(i) an implementation grant, for enti-
ties seeking an initial grant under this sec-
tion, in order for such entity to establish 
and carry out a job training program de-
scribed in subparagraph (A); or 
(ii) a renewal grant for entities that 
have already received an implementation 
grant under this section for such a job 
training program, in order for such entity 
to continue carrying out such job training 
program. 
(C) 
DURATION.—Each 
grant 
awarded 
under this section shall be for a period not to 
exceed 3 years. 
(D) AMOUNT.—The amount of a grant 
awarded under this section may not exceed— 
(i) for an implementation grant, 
$2,500,000; and 
(ii) for a renewal grant, $1,500,000. 
(E) CONSTRUCTION INDUSTRY.—Notwith-
standing any other provision in this section, if 
the targeted infrastructure industry for a grant 
awarded under this section is the construction 
industry, the grant shall only be available for 
the establishment or operation of a pre-appren-
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ticeship program affiliated with a registered ap-
prenticeship program. 
(3) AWARD BASIS.— 
(A) GEOGRAPHIC
DIVERSITY.—The Sec-
retary shall award grants under this section in 
a manner that ensures geographic diversity in 
the areas in which activities will be carried out 
under the grants, including a balance between 
rural and tribal areas and urban areas. 
(B) PRIORITY FOR TARGETED HIRING OR 
U.S. EMPLOYMENT PLAN PROJECTS.—In award-
ing grants under this section, the Secretary 
shall give priority to eligible entities that— 
(i) ensure that not less than 50 per-
cent of the workers hired to participate in 
the job training program are hired through 
local hiring in accordance with section 111, 
including by prioritizing individuals with a 
barrier to employment (including ex-of-
fenders), disabled individuals, veterans, 
and individuals that represent populations 
that are traditionally underrepresented in 
the infrastructure workforce; or 
(ii) ensure the commitments described 
in 
clauses 
(i) 
and 
(ii) 
of 
section 
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131(a)(2)(A) with respect to carrying out 
the job training program. 
(C) PRIORITY FOR RENEWAL GRANTS.—In 
awarding renewal grants under this section, the 
Secretary shall give priority to eligible entities 
that demonstrate long-term sustainability of an 
industry or sector partnership. 
(c) APPLICATION PROCESS.— 
(1) IN GENERAL.—An eligible entity seeking a 
grant under this section shall submit to the Sec-
retary an application at such time, in such manner, 
and containing such information as the Secretary 
may reasonably require, including the contents de-
scribed in paragraph (2). 
(2) 
CONTENTS.—An 
application 
submitted 
under paragraph (1) shall contain, at a minimum— 
(A) an identification of the targeted infra-
structure industry to be served by the job train-
ing program supported by a grant under this 
section; 
(B) a description of the individuals with a 
barrier to employment, veterans, or individuals 
who are traditionally underrepresented in the 
targeted infrastructure industry, that will be 
served by such program, including— 
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(i) an analysis of the labor market in 
the targeted infrastructure industry; 
(ii) a description of the barriers to 
employment that may affect such individ-
uals; and 
(iii) a description of strategies that 
the program will employ to help such indi-
viduals overcome such barriers; 
(C) a description of the credentials that 
the program will assist such individuals in ob-
taining, which credentials— 
(i) shall be nationally portable; 
(ii) shall be recognized postsecondary 
credentials or, if not available for the in-
dustry, other credentials determined by the 
Secretary to be appropriate; and 
(iii) shall be related to the targeted 
infrastructure industry; and 
(D) a description of the services described 
in subsection (d)(3) that the program will offer 
to such individuals. 
(d) ACTIVITIES.— 
(1) IN GENERAL.—Each job training program 
supported under this section— 
(A) shall include— 
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(i) activities designed to achieve the 
strategic objectives described in paragraph 
(2); and 
(ii) the services described in para-
graph (3) for individuals with a barrier to 
employment (including ex-offenders), vet-
erans, or individuals who are traditionally 
underrepresented in the targeted infra-
structure industry; and 
(B) may include a partnership between the 
eligible entity and an employer to assist such 
employer in carrying out a work-based learning 
program, including a registered apprenticeship 
program or a pre-apprenticeship program affili-
ated with a registered apprenticeship program. 
(2) STRATEGIC OBJECTIVES.—The strategic ob-
jectives described in this paragraph are the fol-
lowing: 
(A)(i) Recruiting key stakeholders in the 
targeted infrastructure industry, which stake-
holders may include employers, labor organiza-
tions, local workforce development boards, and 
education and training providers, including pro-
viders of career and technical education. 
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(ii) Regularly convening such stakeholders 
in a collaborative manner that supports the 
sharing of information, ideas, and challenges, 
which are common to the targeted infrastruc-
ture industry. 
(B) Identifying the training needs of em-
ployers in the targeted infrastructure industry, 
including— 
(i) needs for skills critical to competi-
tiveness and innovation in such industry; 
(ii) needs of registered apprenticeship 
programs, pre-apprenticeship programs af-
filiated with registered apprenticeship pro-
grams, or other work-based learning pro-
grams that may be supported by a grant 
under this section; and 
(iii) needs for the alignment of a job 
training program supported under this sec-
tion with career pathways. 
(C) Facilitating actions, through industry 
or sector partnerships, registered apprenticeship 
programs, or pre-apprenticeship programs affili-
ated with registered apprenticeship programs, 
that lead to economies of scale by aggregating 
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training and education needs of multiple em-
ployers in the targeted infrastructure industry. 
(D) Assisting postsecondary educational 
institutions, training institutions, sponsors of 
registered apprenticeship programs, and all 
other providers of career and technical edu-
cation and training programs that may be re-
ceiving assistance under this section, align cur-
ricula, entrance requirements, and programs to 
the targeted infrastructure industry needs and 
the 
credentials 
described 
in 
subsection 
(c)(2)(C), particularly for high-skill, high-pri-
ority occupations related to the targeted infra-
structure industry. 
(E) Providing information on the activities 
carried out through the job training program 
supported under this section to the State agen-
cy carrying out the State program under the 
Wagner-Peyser Act (29 U.S.C. 49 et seq.), in-
cluding staff of the agency that provide services 
under such Act, to enable the agency to inform 
recipients of unemployment compensation of the 
employment and training opportunities that 
may be offered through such job training pro-
gram supported under this section. 
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(ii) employment services as described 
in subparagraph (C). 
(B) PRE-EMPLOYMENT
SERVICES.—The 
pre-employment services described in this sub-
paragraph may include— 
(i) skills training, including career 
and technical education, and integrated 
education and training, with respect to the 
targeted infrastructure industry; 
(ii) initial assessments of such individ-
uals; 
(iii) services to provide work attire 
and necessary tools for a work site in the 
targeted infrastructure industry; 
(iv) supportive services, such as child 
care and transportation; 
(v) mentoring services; and 
(vi) job placement assistance. 
(C) EMPLOYMENT
SERVICES.—The em-
ployment services described in this subpara-
graph are services provided to individuals with 
a barrier to employment (including ex-offend-
ers), veterans, or individuals who are tradition-
ally underrepresented in the targeted infra-
structure industry, and that are employed in a 
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work-based learning program in the targeted in-
frastructure industry. A job training program 
supported by a grant under this section shall 
provide such services to such individuals during 
their first 6 months of employment through 
such program, to assure the individuals succeed 
in the program. Such services may include— 
(i) ongoing case management and 
services, including the services described in 
subparagraph (B); 
(ii) continued skills training, including 
career and technical education, integrated 
education and training, and soft-skills 
training such as problem solving and lead-
ership training, conducted in collaboration 
with the employers of such individuals; 
(iii) additional mentorship and reten-
tion supports for such individuals; and 
(iv) targeted training for the employer 
participating in the work-based learning 
program, including for frontline managers, 
journey level workers (such as mentors) 
working with individuals with a barrier to 
employment, veterans, or individuals who 
are traditionally underrepresented in the 
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targeted 
infrastructure 
industry, 
and 
human resource representatives of the em-
ployer. 
(e) EVALUATIONS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Transportation, 
the Secretary of Energy, the Secretary of Com-
merce, the Secretary of Education, the Adminis-
trator of the Environmental Protection Agency, and 
the Chief of Engineers of the Army Corps of Engi-
neers, shall prepare and submit a report to Congress 
that evaluates the effectiveness of the grants award-
ed under this section in advancing the strategic ob-
jectives described in subsection (d)(2), and the pur-
poses described in subsection (b)(1). 
(2) DATA.—The report required under para-
graph (1) shall provide and analyze each of the fol-
lowing: 
(A) The number of participants in job 
training programs supported under this section, 
disaggregated by age, race or ethnicity, gender, 
status as an individual with a barrier to em-
ployment, and income. 
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(B) The percentage of such participants 
who were in unsubsidized employment prior to 
enrolling in such program. 
(C) The median earnings of such partici-
pants prior to enrolling in such program. 
(D) The percentage of such participants 
who are in unsubsidized employment during the 
second quarter after exit from such program 
and salary statistics of such participants, in-
cluding mean and median earnings. 
(E) The percentage of such participants 
who are in unsubsidized employment during the 
fourth quarter after exit from such program 
and the salary statistics of such participants, 
including mean and median earnings. 
(F) The percentage of such participants 
who obtain a recognized postsecondary creden-
tial, or a secondary school diploma or its recog-
nized equivalent, during participation in or 
within 1 year after exit from such program. 
(G) The percentage of such participants 
who, during a program year, are in an edu-
cation or training program that leads to a rec-
ognized postsecondary credential or employment 
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and who are achieving measurable skill gains 
toward such a credential or employment. 
SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPAC-
ITY BUILDING PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that— 
(A) has an affiliate network in not less 
than 3 communities and across not less than 2 
States; 
(B) has the programmatic capability to 
serve individuals with a barrier to employment 
or individuals who are traditionally underrep-
resented in infrastructure industries; 
(C) has clearly and convincingly dem-
onstrated that it has the capacity to provide 
technical assistance to entities carrying out job 
training programs under section 201; and 
(D) submits an application in accordance 
with subsection (c). 
(2) INDIVIDUAL WITH A BARRIER TO EMPLOY-
MENT.—The term ‘‘individual with a barrier to em-
ployment’’ has the meaning given such term in sec-
tion 3 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102). 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(b) CAPACITY BUILDING PROGRAM.—The Secretary 
shall reserve 10 percent of the amounts appropriated 
under section 203 to award grants, contracts, or other 
agreements or arrangements as the Secretary determines 
appropriate, to eligible entities for the purpose of building 
the capacity of entities receiving a grant under section 201 
to implement the activities described in subsection (d) of 
such section to more effectively serve individuals with a 
barrier to employment, including ex-offenders, veterans, or 
individuals who are traditionally underrepresented in the 
targeted infrastructure industry served through the job 
training program supported under such section 201. 
(c) APPLICATION.—An entity seeking an award under 
this section shall submit to the Secretary an application 
at such time, in such manner, and containing such infor-
mation as the Secretary may reasonably require. 
(d) USE OF FUNDS.—An award made under this sec-
tion may be used to provide technical assistance to entities 
receiving a grant under section 201 in order for such enti-
ties to carry out the activities described in subsection (d) 
of that section. Such technical assistance may include as-
sistance with— 
(1) the development and training of staff; 
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(2) the provision of outreach, intake, assess-
ments, and service delivery; 
(3) the coordination of services across providers 
and programs; and 
(4) the development of performance account-
ability measures. 
(e) AMOUNT.—The amount of a grant awarded under 
this section may not exceed $5,000,000. 
(f) REPORT.—An eligible entity receiving a grant 
under this section shall, not later than 6 months after the 
grant is awarded, submit to the Secretary a report that 
includes— 
(1) a description of the impact of the technical 
assistance provided under this section on the out-
comes of grants under section 201; and 
(2) such other criteria as determined by the 
Secretary. 
SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this title $1,000,000,000 for each of fiscal years 2022 
through 2026. 
TITLE III—INVESTING IN HIGH- 
QUALITY AMERICAN JOBS 
SEC. 301. WAGE RATE. 
(a) DAVIS-BACON ACT.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, for fiscal year 2022 and each fiscal 
year thereafter, all laborers and mechanics employed 
by contractors or subcontractors on projects assisted 
in whole or in part under a covered infrastructure 
program, including projects described in paragraph 
(3) assisted in whole or in part under such pro-
grams, without regard to the form or type of Fed-
eral assistance provided under such program, shall 
be paid wages at rates not less than those prevailing 
on projects of a similar character in the locality as 
determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United 
States Code (commonly known as the ‘‘Davis-Bacon 
Act’’). 
(2) AUTHORITY.—With respect to the labor 
standards specified in paragraph (1), the Secretary 
of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
(3) REVOLVING LOAN FUNDS.—A project de-
scribed in this paragraph is a project, in the case of 
a covered infrastructure program that capitalizes re-
volving loan funds, that is assisted in whole or in 
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part with amounts deposited in the revolving loan 
fund, including loan repayments and interest earned. 
(b) SERVICE EMPLOYEES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, for fiscal year 2022 and each fiscal 
year thereafter, all service employees who are not 
covered under subsection (a) shall be paid a wage 
and fringe benefits that are not less than the min-
imum wage and fringe benefits determined in ac-
cordance with paragraphs (1) and (2), respectively, 
of section 6703 of title 41, United States Code. 
(2) DEFINITION
OF
SERVICE
EMPLOYEE.—In 
this subsection, the term ‘‘service employee’’— 
(A) means an individual employed by a 
contractor or subcontractor in the performance 
of a project that is assisted in whole or in part 
under a covered infrastructure program, with-
out regard to the form or type of Federal as-
sistance provided under such program, and that 
the principal purpose of which is to furnish 
services in the United States; 
(B) includes an individual without regard 
to any contractual relationship alleged to exist 
between the individual and a contractor or sub-
contractor; but 
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(C) does not include an individual em-
ployed in a bona fide executive, administrative, 
or professional capacity, as those terms are de-
fined in part 541 of title 29, Code of Federal 
Regulations. 
(3) AUTHORITY.—With respect to paragraphs 
(1) and (2), the Secretary of Labor shall have the 
authority and functions set forth in chapter 67 of 
title 41, United States Code. 
SEC. 302. RAISE LABOR STANDARDS, IMPROVE WORKING 
CONDITIONS, AND STRENGTHEN WORKERS’ 
BARGAINING POWER. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered award’’ means an award 
of not less than $500,000 made to an entity under 
a covered infrastructure program by the head of the 
relevant Federal agency; and 
(2) the term ‘‘covered subaward’’ means a 
subaward of not less than $500,000 made to an en-
tity under a covered infrastructure program by an-
other entity receiving a covered award. 
(b) REQUIRED PRE-GRANT, LOAN, OR CONTRACT 
AWARD ACTIONS.— 
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(1) DISCLOSURES.—The head of a relevant 
Federal agency shall require an entity applying for 
a covered award— 
(A) to represent, to the best of the entity’s 
knowledge and belief, whether there has been 
any administrative merits determination, arbi-
tral award or decision, or civil judgment, as de-
fined in guidance issued by the Secretary of 
Labor, rendered against the entity in the pre-
ceding 3 years for violations of— 
(i) the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.); 
(ii) the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et 
seq.); 
(iii) the Migrant and Seasonal Agri-
cultural Worker Protection Act (29 U.S.C. 
1801 et seq.); 
(iv) the National Labor Relations Act 
(29 U.S.C. 151 et seq.); 
(v) subchapter IV of chapter 31 of 
title 40, United States Code (commonly 
known as the ‘‘Davis-Bacon Act’’); 
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(vi) chapter 67 of title 41, United 
States Code (commonly known as the 
‘‘Service Contract Act’’); 
(vii) Executive Order 11246 (42 
U.S.C. 2000e note; relating to equal em-
ployment 
opportunity), 
including 
any 
amendment to such Executive order; 
(viii) section 503 of the Rehabilitation 
Act of 1973 (29 U.S.C. 793); 
(ix) section 4212 of title 38, United 
States Code; 
(x) the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2601 et seq.); 
(xi) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(xii) the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.); 
(xiii) the Age Discrimination in Em-
ployment Act of 1967 (29 U.S.C. 621 et 
seq.); 
(xiv) Executive Order 13658 (79 Fed. 
Reg. 9851; relating to establishing a min-
imum wage for contractors); 
(xv) subsection (h) of this section; or 
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(xvi) equivalent State laws, as defined 
in guidance issued by the Secretary of 
Labor; and 
(2) to require any applicant for a covered 
subaward from the entity— 
(A) to represent to the best of the appli-
cant’s knowledge and belief, whether there has 
been any administrative merits determination, 
arbitral award or decision, or civil judgment, as 
defined in guidance issued by the Secretary of 
Labor, rendered against the applicant in the 
preceding 3 years for violations of any of the 
labor laws listed in paragraph (1); and 
(B) to update such information not less 
than every 6 months for the duration of the 
covered subaward. 
(c) PRE-AWARD CORRECTIVE MEASURES.—The head 
of a relevant Federal agency shall, prior to awarding a 
covered award, provide an entity that makes a disclosure 
under subsection (b)(1) an opportunity to report any steps 
taken to correct a violation of or improve compliance with 
the labor laws listed in subsection (b)(1), including any 
agreements entered into by the entity with an enforcement 
agency. 
(d) DISCLOSURE OF VIOLATIONS.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall establish a website that— 
(A) is available to the public at no cost; 
(B) indicates each violation disclosed under 
subsection (b) or (e)(1) with respect to an enti-
ty applying for, or receiving, a covered award or 
covered subaward until such violation is cor-
rected and the entity is in compliance with all 
labor laws listed in subsection (b)(1); and 
(C) is designed to enable interested parties 
to easily identify entities applying for, or receiv-
ing, covered awards or covered subawards that 
are in violation of any labor laws listed in sub-
section (b)(1) and steps taken by such entities 
to correct the violations or improve compliance 
with such laws. 
(2) FULFILLING REPORTING REQUIREMENTS.— 
The Secretary of Labor, in consultation with the Di-
rector of the Office of Management and Budget and 
the heads of the relevant Federal agencies, shall in-
clude on the website established under paragraph (1) 
the ability for all entities that apply for or receive 
covered awards or covered subawards to fulfill re-
porting requirements under this section. 
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(3) AGENCY COOPERATION.—The heads of the 
relevant Federal agencies shall provide the Secretary 
of Labor with the data necessary to maintain the 
website established under paragraph (1). 
(e) POST-AWARD GRANT, LOAN, OR CONTRACT AC-
TIONS.— 
(1) INFORMATION
UPDATES.—The head of a 
relevant Federal agency shall require each entity re-
ceiving a covered award or covered subaward to, not 
later than once every 6 months, update the informa-
tion provided under paragraph (1) or (2), as applica-
ble, of subsection (b). 
(2) CORRECTIVE ACTIONS.— 
(A) ENTITY AWARDED ASSISTANCE.—The 
head of a relevant Federal agency, in consulta-
tion with the Labor Compliance Advisor des-
ignated by such head under subsection (f) and 
in coordination with the heads of the other rel-
evant Federal agencies as applicable, shall de-
termine whether any information provided 
under paragraph (1) by an entity receiving a 
covered award warrants corrective action. Such 
action— 
(i) may include— 
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(I) an agreement requiring ap-
propriate remedial measures; 
(II) compliance assistance; 
(III) resolving issues to avoid 
further violations; 
(IV) the decision not to exercise 
an option on assistance awarded or to 
terminate the assistance awarded; or 
(V) in coordination with the 
heads of the other relevant Federal 
agencies, the decision to debar or sus-
pend the entity from future participa-
tion in any of the covered infrastruc-
ture programs; and 
(ii) shall include disclosure on the 
website established under subsection (d). 
(B) SUBAWARDS.—An entity that receives 
a covered award, in consultation with head of 
the relevant Federal agency and the Labor 
Compliance Advisor designated by such head 
under subsection (f), shall determine whether 
any information provided under subsection 
(b)(2) by a recipient of a covered subaward 
warrants corrective action, including remedial 
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measures, compliance assistance, and resolving 
issues to avoid further violations. 
(3) 
DEPARTMENT
OF
LABOR
INVESTIGA-
TIONS.—The Secretary of Labor shall, as appro-
priate, inform the heads of the relevant Federal 
agencies of investigations by the Secretary of entities 
receiving covered awards or covered subawards for 
purposes of determining the appropriateness of ac-
tions described in subparagraphs (A) and (B) of 
paragraph (2). 
(f) LABOR COMPLIANCE ADVISORS.— 
(1) IN
GENERAL.—Each head of a relevant 
Federal agency shall designate a senior official to 
serve as the Labor Compliance Advisor for the agen-
cy. 
(2) DUTIES.—The Labor Compliance Advisor 
shall— 
(A) meet quarterly with the Deputy Sec-
retary, Deputy Administrator, or equivalent of-
ficial of the agency with regard to matters cov-
ered under this section; 
(B) work with officials of the agency to 
promote greater awareness and understanding 
of— 
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(i) the labor laws listed in subsection 
(b)(1), including recordkeeping, reporting, 
and notice requirements under such laws; 
and 
(ii) best practices for compliance with 
such laws; 
(C) advise the head of the relevant Federal 
agency whether agreements are in place or are 
otherwise needed to address appropriate reme-
dial measures, compliance assistance, steps to 
resolve issues to avoid violations of the labor 
laws listed in subsection (b)(1), or other related 
matters concerning entities applying for or re-
ceiving covered awards or covered subawards; 
(D) coordinate assistance for entities that 
apply for or receive covered awards or covered 
subawards that are seeking help in addressing 
and preventing violations of such labor laws; 
(E) in consultation with the Secretary of 
Labor or other relevant enforcement agencies, 
provide assistance to the head of the relevant 
Federal agency regarding appropriate actions to 
be taken in response to violations, by entities 
applying for or receiving covered awards or cov-
ered subawards, of the labor laws listed in sub-
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section (b)(1) identified prior to or after receipt 
of such awards, and to address complaints in a 
timely manner, by— 
(i) providing assistance to officials of 
the agency in reviewing the information 
provided under subsections (b) and (e)(1), 
or other information indicating a violation 
of such a labor law, in order to assess the 
serious, repeated, willful, or pervasive na-
ture of such violation and evaluate steps 
entities applying for or receiving covered 
awards or covered subawards have taken to 
correct violations of or improve compliance 
with such laws; 
(ii) helping officials of the agency de-
termine the appropriate response to ad-
dress violations of the labor laws listed in 
subsection (b)(1), or other information in-
dicating such violations, particularly seri-
ous, repeated, willful, or pervasive viola-
tions, including agreements requiring ap-
propriate remedial measures, decisions not 
to award assistance or exercise an option 
on an award of assistance, termination of 
an award of assistance, or referral of de-
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tails to be posted on the website estab-
lished under subsection (d); 
(iii) providing assistance to officials of 
the agency in receiving and responding to, 
or making referrals of, complaints alleging 
violations of the labor laws listed in sub-
section (b)(1) by entities applying for or 
receiving covered awards or covered sub-
awards; 
(iv) supporting officials of the agency 
in the coordination of actions taken pursu-
ant to this section to ensure agency-wide 
consistency, to the extent practicable; and 
(v) as appropriate, sending informa-
tion to agency suspension and debarment 
officials in accordance with agency proce-
dures; 
(F) consult with the head of the relevant 
Federal agency, and the Secretary of Labor as 
necessary, in the development of regulations, 
policies, and guidance addressing compliance 
with the labor laws listed in subsection (b)(1) 
by entities applying for or receiving covered 
awards or covered subawards; 
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(G) make recommendations to the head of 
the relevant Federal agency to strengthen agen-
cy management of compliance with such labor 
laws by entities applying for or receiving cov-
ered awards or covered subawards; 
(H) publicly report, on an annual basis, a 
summary of actions taken by the head of the 
relevant Federal agency to promote greater 
compliance with the labor laws listed in sub-
section (b)(1), including the head’s response to 
serious, repeated, willful, or pervasive violations 
of such labor laws; and 
(I) participate in the interagency meetings 
regularly convened by the Secretary of Labor 
under subsection (g)(2). 
(g) MEASURES TO ENSURE GOVERNMENT-WIDE 
CONSISTENCY.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Labor shall— 
(1) develop a process— 
(A) for the Labor Compliance Advisors 
designated under subsection (f) to consult with 
the Secretary of Labor in carrying out the re-
sponsibilities of such Advisors under subsection 
(f)(2)(E); and 
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(B) by which the head of the relevant Fed-
eral agencies and Labor Compliance Advisors 
may give appropriate consideration to deter-
minations and agreements made by the Sec-
retary of Labor and such heads; 
(2) regularly convene interagency meetings of 
Labor Compliance Advisors to share and promote 
best practices for improving compliance with the 
labor laws listed in subsection (b)(1); and 
(3) designate an appropriate contact within the 
Department of Labor with whom the heads of the 
relevant Federal agencies may consult with respect 
to requirements and activities under this section. 
(h) WORKFORCE DIVERSITY PROGRAMS.— 
(1) IN GENERAL.—The head of a relevant Fed-
eral agency, in coordination with the Secretary of 
Labor, shall require each entity that has not less 
than 50 employees and receives a covered award or 
covered subaward to develop and maintain a work-
force diversity program in accordance with this sub-
section to ensure equal employment opportunity 
through the recruitment, selection, and advancement 
of individuals who are qualified for the applicable 
position and who are individuals with a barrier to 
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employment (including ex-offenders), racial or ethnic 
minorities, women, disabled individuals, or veterans. 
(2) STRUCTURE
OF
WORKFORCE
DIVERSITY 
PROGRAMS.—A workforce diversity program required 
under paragraph (1) of an entity described in such 
paragraph shall include programs, policies, practices, 
and procedures that fulfill the purposes of this sub-
section. Such programs, policies, practices, and pro-
cedures shall— 
(A) contain a diagnostic component that 
includes more than 1 quantitative analysis de-
signed to evaluate the composition of the work-
force of the entity and compare such composi-
tion to the composition of other relevant 
workforces; 
(B) include action-oriented programs, such 
as programs for training and outreach; 
(C) include internal auditing and reporting 
systems as a means of— 
(i) measuring the entity’s progress to-
ward achieving a diverse workforce; and 
(ii) monitoring and examining employ-
ment decisions and compensation systems 
to evaluate the impact of those systems on 
diverse applicants and employees; 
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(D) be incorporated into the entity’s per-
sonnel policies, practices, and procedures; 
(E) be updated annually for the duration 
of the project assisted by the covered award or 
covered subaward; and 
(F) be readily available for reporting to the 
Secretary for the purposes of compliance re-
view. 
(3) DESIGNATION OF RESPONSIBILITY.—An en-
tity described in paragraph (1) shall provide for the 
implementation of the workforce diversity program 
required under such paragraph by— 
(A) assigning responsibility and account-
ability to an official of the entity; and 
(B) providing the assigned official with the 
authority, resources, and support of and access 
to top management of the entity to ensure the 
effective implementation of such program. 
(4) IDENTIFICATION OF PROBLEM AREAS.— 
(A) IN GENERAL.—An entity described in 
paragraph (1) shall perform an in-depth anal-
ysis of the employment process of the entity to 
determine— 
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(i) whether impediments to equal em-
ployment opportunity exist in such process; 
and 
(ii) if such impediments exist, the as-
pects of such process in which such im-
pediments exist. 
(B) EVALUATIONS.—An analysis under 
subparagraph (A) shall include an analysis of— 
(i) whether, across different positions 
of the entity, there are problems of utiliza-
tion or distribution of individuals who are 
qualified for such positions and are individ-
uals with a barrier to employment (includ-
ing ex-offenders), racial or ethnic minori-
ties, women, disabled individuals, or vet-
erans; 
(ii) personnel activity to determine 
whether there are selection disparities, 
which such analysis may include an anal-
ysis of the number of applications and 
interviews, hires, terminations, promotions, 
and other personnel actions of the entity; 
(iii) compensation systems to deter-
mine whether there are disparities in com-
pensation; 
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100 
(iv) selection, recruitment, referral, 
and other personnel procedures to deter-
mine whether such procedures result in 
disparities in the employment or advance-
ment of individuals who are qualified for 
the applicable position and are individuals 
with a barrier to employment (including 
ex-offenders), racial or ethnic minorities, 
women, disabled individuals, or veterans; 
and 
(v) any other issue that may impact 
the success of the workforce diversity pro-
gram required of the entity under para-
graph (1). 
(5) ACTION-ORIENTED
PROGRAMS.—An entity 
described in paragraph (1) shall develop and execute 
action-oriented programs designed to— 
(A) correct any problem areas identified 
under this subsection; and 
(B) attain established goals and objectives 
that— 
(i) require the entity to follow dif-
ferent procedures than those procedures 
that may have previously produced inad-
equate results; and 
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101 
(ii) demonstrate the entity has made 
good faith efforts to remove identified bar-
riers to workforce diversity, expand em-
ployment opportunities, and produce meas-
urable results to achieve improved work-
force diversity. 
(6) INTERNAL
AUDIT
AND
REPORTING
SYS-
TEM.—An entity described in paragraph (1) shall 
develop and implement an auditing system that peri-
odically measures the effectiveness of the workforce 
diversity program developed and maintained by the 
entity under such paragraph. Such system shall in-
clude requirements for the entity to— 
(A) monitor records of all personnel activ-
ity, including referrals, placements, transfers, 
promotions, terminations, and compensation, at 
all levels of employment with the entity to en-
sure the workforce diversity program is carried 
out in accordance with the purposes of this sub-
section; 
(B) require internal reporting on a sched-
uled basis as to the degree to which equal em-
ployment opportunity and organizational objec-
tives are attained; 
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102 
(C) review the results of reports required 
under this subsection with all levels of manage-
ment of the entity; and 
(D) advise top management of the entity 
of the effectiveness of the program and submit 
recommendations to improve unsatisfactory per-
formance with respect to the program. 
(7) COMPLIANCE STATUS.— 
(A) IN GENERAL.—In determining whether 
an entity described in paragraph (1) has com-
plied with the requirements for the workforce 
diversity program under this subsection, the 
head of the relevant Federal agency, in coordi-
nation with the Secretary of Labor, shall— 
(i) review the nature and extent of the 
entity’s good faith in carrying out activities 
under paragraphs (4), (5), and (6), and 
the appropriateness of those activities to 
identify equal employment opportunity 
problems; and 
(ii) analyze statistical data and other 
non-statistical 
information 
to 
indicate 
whether employees and applicants of the 
entity are being treated without regard to 
their race, color, religion, sex, sexual ori-
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103 
entation, gender identity, national origin, 
or disability status. 
(B) TECHNICAL
ASSISTANCE.—The head 
of the relevant Federal agency, in coordination 
with the Secretary of Labor, may provide tech-
nical assistance to an entity described in para-
graph (1) to assist such entity in achieving 
compliance with the requirements under this 
subsection, which may include an agreement be-
tween the head of the relevant Federal agency 
and the entity requiring appropriate remedial 
measures. 
(C) CORRECTIVE ACTION.—If an entity de-
scribed in paragraph (1) remains in noncompli-
ance with the requirements under this sub-
section following technical assistance under sub-
paragraph (B), the head of the relevant Federal 
agency, in coordination with the Secretary of 
Labor and the heads of the other relevant Fed-
eral agencies as applicable, may take corrective 
action against the entity. Such action may in-
clude— 
(i) the decision not to exercise an op-
tion on assistance awarded or to terminate 
the assistance awarded; or 
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104 
(ii) in coordination with the heads of 
the other relevant Federal agencies, the de-
cision to debar or suspend the entity from 
future participation in any of the covered 
infrastructure programs. 
(i) PAYCHECK TRANSPARENCY.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), each head of a relevant Federal agency 
shall require entities receiving a covered award or a 
covered subaward to provide each individual de-
scribed in paragraph (2) with a document for each 
pay period containing information concerning, with 
respect to such individual for such pay period— 
(A) hours worked, including overtime 
hours worked; 
(B) pay, including any additions made to 
or deductions made from pay; and 
(C) job classification. 
(2) INDIVIDUALS
DESCRIBED.—An individual 
described in this paragraph is any individual per-
forming work on a project for an entity, receiving a 
covered award or covered subaward, that is required 
to maintain wage records with respect to such indi-
vidual under— 
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105 
(A) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(B) subchapter IV of chapter 31 of title 
40, United States Code (commonly referred to 
as the ‘‘Davis-Bacon Act’’); 
(C) chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Con-
tract Act’’); or 
(D) any applicable State law. 
(3) EXCEPTIONS.— 
(A) EMPLOYEES EXEMPT FROM OVERTIME 
REQUIREMENTS.—A document provided under 
paragraph (1) to an individual who is exempt 
under section 13 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213) from the overtime 
compensation requirements under section 7 of 
such Act (29 U.S.C. 207) shall not be required 
to include a record of the hours worked by the 
individual if the entity receiving the covered 
award or covered subaward informs the indi-
vidual of the status of such individual as ex-
empt from such overtime compensation require-
ments. 
(B) 
SUBSTANTIALLY
SIMILAR
STATE 
LAWS.—The requirements under this subsection 
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106 
shall be deemed to be satisfied if the entity re-
ceiving the covered award or covered subaward 
complies with State or local requirements that 
the Secretary of Labor has determined are sub-
stantially similar to the requirements under this 
subsection. 
(4) INDEPENDENT CONTRACTORS.—If an entity 
receiving a covered award or covered subaward 
treats an individual performing work on a project 
assisted by such award or subaward as an inde-
pendent contractor, and not as an employee, of the 
entity, the entity shall provide the individual a docu-
ment informing the individual of the status of the 
individual as an independent contractor. 
(j) NOTICE OF HIRE.— 
(1) IN
GENERAL.—Each head of a relevant 
Federal agency shall require entities receiving a cov-
ered award or a covered subaward to provide each 
individual described in subsection (i)(2), at the time 
of hiring, a written notice containing each of the fol-
lowing: 
(A) The name of the entity, including any 
name used by the entity in conducting business. 
(B) The physical address of the entity’s 
main office or principal place of business, and 
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107 
a mailing address, if different from such phys-
ical address. 
(C) The telephone number of the entity. 
(D) The date on which the individual will 
regularly receive a paycheck from the entity. 
(E) The individual’s rate of pay, and the 
basis of that rate, including (as applicable)— 
(i) by the hour, shift, day, week, sal-
ary, piece, or commission; 
(ii) any allowances claimed as part of 
the minimum wage, including tips and 
meal or lodging allowances; and 
(iii) overtime rate of pay, including 
any exemptions from overtime pay. 
(F) The individual’s job classification, and 
the prevailing wage for the corresponding class 
of laborers and mechanics employed on projects 
of a similar character in the locality in which 
the work is to be performed. 
(2) ENFORCEMENT.— 
(A) FINE.— 
(i) IN GENERAL.—The head of a rel-
evant Federal agency may assess a civil 
fine, subject to clause (ii), of $500 against 
an entity that knowingly violates para-
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108 
graph (1) for each individual to whom the 
entity failed to notify in violation of such 
paragraph. 
(ii) INFLATION.—The head of a rel-
evant Federal agency shall, for each year 
beginning 1 year after the date of enact-
ment of this Act, adjust the amount under 
clause (i) for inflation. 
(B) 
REBUTTABLE
PRESUMPTION.—The 
failure to provide a notice in compliance with 
paragraph (1) shall be a rebuttable presumption 
that an entity required to provide such notice 
knowingly violated such paragraph. 
(k) NEUTRALITY.— 
(1) ALLOWABLE COSTS.—Except as provided in 
paragraph (2), an entity receiving a covered award 
or covered subaward may use the assistance of such 
award or subaward for costs incurred in maintaining 
satisfactory relations between the entity and employ-
ees of the entity on a project assisted by the award 
or subaward, including costs of shop stewards, labor 
management committees, employee publications, and 
other related activities. 
(2) LIMITATION ON FEDERAL ASSISTANCE.— 
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(A) IN GENERAL.—No Federal assistance 
made available under a covered award or cov-
ered subaward may be used for costs incurred 
in— 
(i) activities undertaken to persuade 
employees of any entity to exercise or not 
to exercise, or concerning the manner of 
such employees in exercising or not exer-
cising, the right to organize and bargain 
collectively through representatives of the 
employees’ own choosing; or 
(ii) any other activities that are sub-
ject to the requirements under section 
203(b) of the Labor-Management Report-
ing and Disclosure Act of 1959 (29 U.S.C. 
433(b)). 
(B) EXAMPLES.—Examples of costs pro-
hibited under subparagraph (A) include the 
costs of— 
(i) preparing and distributing mate-
rials for a purpose described in subpara-
graph (A); 
(ii) hiring or consulting legal counsel 
or consultants for such purpose; 
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(iii) meetings held for such purpose 
(including paying the salaries of the 
attendees at such meetings); and 
(iv) planning or conducting activities 
for such purpose during work hours by 
managers, supervisors, or labor organiza-
tion representatives. 
(l) COMPLAINT AND DISPUTE TRANSPARENCY.— 
(1) IN GENERAL.— 
(A) AWARDS.—Each head of a relevant 
Federal agency shall require entities receiving a 
covered award to agree that any decision to ar-
bitrate the claim of an employee or independent 
contractor performing work for a project as-
sisted by the award that arises under title VII 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) or that involves any tort related 
to or arising out of sexual assault or sexual 
harassment may only be made with the vol-
untary consent of the employee or independent 
contractor after the dispute arises. 
(B) SUBAWARDS.—Each head of a relevant 
Federal agency shall require that an entity cov-
ered under subparagraph (A) incorporate the 
requirement under such subparagraph into each 
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subaward made for a project assisted by the 
award. 
(2) EXCEPTION
FOR
EMPLOYEES
AND
INDE-
PENDENTS CONTRACTORS.— 
(A) 
IN
GENERAL.—The 
requirements 
under paragraph (1) shall not apply with re-
spect to an employee or independent contractor 
who— 
(i) is covered by a collective bar-
gaining agreement negotiated between the 
entity receiving an award or subaward and 
a labor organization representing the em-
ployee or independent contractor; or 
(ii) except as provided in subpara-
graph (B), entered into a valid agreement 
to arbitrate claims described in such para-
graph before the entity received the award 
or subaward described in such paragraph. 
(B) APPLICABILITY.—The requirements 
under paragraph (1) shall apply with respect to 
an employee or independent contractor of an 
entity receiving a covered award or covered 
subaward— 
(i) if the entity receiving the award or 
subaward is permitted to change the terms 
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of the agreement described in subpara-
graph (A)(ii) with the employee or inde-
pendent contractor; or 
(ii) in the event such agreement is re-
negotiated or replaced after the entity re-
ceives the award or subaward. 
(m) DEFINITION OF INDIVIDUAL WITH A BARRIER 
TO EMPLOYMENT.—In this section, the term ‘‘individual 
with a barrier to employment’’ has the meaning given such 
term in section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102). 
SEC. 303. BUY AMERICA BUREAU. 
(a) DEFINITIONS.—In this section: 
(1) BUY AMERICA LAW.—The term ‘‘Buy Amer-
ica law’’ means— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United 
States Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101(a) of title 49, United 
States Code; 
(E) section 608 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1388); and 
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(F) section 1452(a)(4) of the Safe Drink-
ing Water Act (42 U.S.C. 300j–12(a)(4)). 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Buy America Bureau established 
by subsection (b). 
(b) ESTABLISHMENT.—There is established in the 
Department of Commerce an office, to be known as the 
‘‘Buy America Bureau’’. 
(c) LEADERSHIP.—The Buy America Bureau shall be 
headed by a Director, who shall— 
(1) be appointed by the Secretary of Commerce; 
and 
(2) report to the Secretary of Commerce. 
(d) DUTIES.—The Director shall— 
(1) establish a program to certify and conduct 
oversight of third-party auditors that work with enti-
ties that receive assistance under a covered infra-
structure program to ensure compliance with Buy 
America laws; 
(2) establish guidelines for ensuring trans-
parency in the Buy America auditing process under 
paragraph (1), including— 
(A) the use of and fulfillment of requests 
pursuant to section 552 of title 5, United 
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States Code (commonly known as the ‘‘Freedom 
of Information Act’’); and 
(B) the disclosure of information relating 
to a Buy America audit by third-party auditors 
under paragraph (1); 
(3) establish guidelines to support the establish-
ment, strengthening, and oversight of compliance 
with Buy America laws, taking into consideration 
and seeking to maximize the direct and indirect do-
mestic jobs benefitted or created; 
(4) establish a clearinghouse website to make 
publicly available information on— 
(A) Buy America audits conducted by 
third-party auditors under paragraph (1); 
(B) third-party auditors that have received 
a certification from the Director under para-
graph (1); and 
(C) requested waivers of Buy America laws 
under covered infrastructure programs; and 
(5) submit to Congress an annual report on— 
(A) waivers from a Buy America law that 
have been requested; 
(B) waivers from a Buy America law that 
have been granted; and 
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(C) any supply chain gaps in the United 
States that may need to be addressed to im-
prove compliance with Buy America laws with-
out a waiver. 
Æ 
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