(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 
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-
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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; 
(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— 
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(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— 
(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-
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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; 
(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). 
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100 
(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 
(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— 
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101 
(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; 
(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— 
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102 
(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-
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-
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103 
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 
(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— 
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104 
(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— 
(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 
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105 
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 
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. 
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106 
(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 
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. 
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107 
(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-
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.— 
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108 
(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.— 
(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-
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109 
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; 
(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 
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110 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) or any tort related to or arising 
out of sexual assault or sexual harassment may 
only be made with the voluntary consent of the 
employee or independent contractor after the 
dispute arises. 
(B) SUBAWARDS.—Each head of a relevant 
Federal agency shall require that an entity cov-
ered under subparagraph (A) incorporate the 
requirement under such subparagraph into each 
subaward made for a project assisted by the 
award at any tier under 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 
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111 
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 
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) DEFINITIONS.—In this section: 
(1) DISABLED
INDIVIDUAL.—The term ‘‘dis-
abled individual’’ has the meaning given such term 
in section 121. 
(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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112 
(3) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term in section 121. 
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 
(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’’. 
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113 
(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 
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 
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