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16061, without regard to the form or type of Federal as-
sistance provided under such section or part, shall comply 
with labor standards under this section. Compliance with 
labor standards under this section shall also apply to enti-
ties that are awarded permits, leases or enter into agree-
ments with the Federal Government under subtitle F of 
Title II of this Act. 
(b) CERTIFICATION OF QUALIFIED ENTITIES.— 
(1) IN GENERAL.—The Secretary of Labor shall 
establish a process for certifying entities that submit 
an application under paragraph (2) as qualified enti-
ties with respect to construction and maintenance 
projects funded in part or whole under sections 
1203, 1221, 1802, 1803, 1804, 1805, 2122, 2401, 
2502, 2503, 2504, 2505, 2522, 2523, 2524, 2525, 
2542, 2543, 2544, 2545, 2547, 2552, 2553, 2561, 
3102, 3103, 3104, 3105, 3106, 3107, 3109, 3110, 
3111, 3112, 3201, 4101, 4202, 5101, 5301, 5302, 
5321, 5322, 5323, 5324, 5341, 5342, 6201, 6301, 
6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105, 
9302, 9304, 10121, and 12401 of this Act and in-
cluding 42 U.S.C. 17011 and 42 U.S.C. 16061. 
(2) APPLICATION PROCESS.—An entity seeking 
certification as a qualified entity under this section 
shall submit an application to the Secretary of 
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Labor at such time, in such manner, and containing 
such information as the Secretary may reasonably 
require, including information to demonstrate com-
pliance with the requirements under subsection (c). 
(3) REQUESTS
FOR
ADDITIONAL
INFORMA-
TION.—Not later than 1 year after receiving an ap-
plication from an entity under paragraph (2)— 
(A) the Secretary of Labor may request 
additional information from the entity in order 
to determine whether the entity is in compliance 
with the requirements under subsection (c); and 
(B) the entity shall provide such additional 
information within 30 days of the Secretary of 
Labor’s request under subparagraph (A). 
(4) DETERMINATION
DEADLINE.—The Sec-
retary of Labor shall make a determination on 
whether to certify an entity under this section not 
later than— 
(A) in a case in which the Secretary re-
quests additional information described in para-
graph (3), 1 year after the Secretary receives 
such additional information from the entity; or 
(B) in a case that is not described in para-
graph (3)(A), 1 year after the date on which 
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the entity submits the application under para-
graph (2). 
(5) PRECERTIFICATION REMEDIES.—The Sec-
retary shall consider any corrective actions taken by 
an entity seeking certification under this subsection 
to remedy an administrative merits determination, 
arbitral award or decision, or civil judgment identi-
fied under subsection (c)(3) and shall impose as a 
condition of certification any additional remedies 
necessary to avoid further or repeated violations. 
(c) LABOR STANDARDS REQUIREMENTS.—The Sec-
retary of Labor shall require an entity, as a condition of 
certification under this section, to satisfy each of the fol-
lowing requirements: 
(1) The entity shall ensure that all laborers and 
mechanics employed by contractors and subcontrac-
tors in the performance of any construction or main-
tenance project shall be paid wages at rates not less 
than those prevailing on projects of a similar char-
acter in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chap-
ter 31 of title 40, United States Code (commonly 
known as the ‘‘Davis-Bacon Act’’). 
(2) In the case of any construction or mainte-
nance 
project, 
the 
cost 
of 
which 
exceeds 
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$25,000,000, the entity shall be a party to, or re-
quire contractors and subcontractors in the perform-
ance of such construction or maintenance project to 
consent to, a covered project labor agreement. 
(3) The entity, and all contractors and sub-
contractors in performance of any construction or 
maintenance project, shall represent in the applica-
tion submitted under subsection (b)(2) (and periodi-
cally thereafter during the performance of the con-
struction or maintenance project as the Secretary of 
Labor may require) whether there has been any ad-
ministrative merits determination, arbitral award or 
decision, or civil judgment, as defined in guidance 
issued by the Secretary of Labor, rendered against 
the entity in the preceding 3 years (or, in the case 
of disclosures after the initial disclosure, during such 
period as the Secretary of Labor may provide) for 
violations of— 
(A) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(B) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(C) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.); 
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(D) the National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(E) subchapter IV of chapter 31 of title 
40, United States Code (commonly known as 
the ‘‘Davis-Bacon Act’’); 
(F) chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Con-
tract Act’’); 
(G) Executive Order No. 11246, as amend-
ed (relating to equal employment opportunity); 
(H) section 503 of the Rehabilitation Act 
of 1973 (29 U.S.C. 793); 
(I) section 4212 of title 38, United States 
Code; 
(J) the Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.); 
(K) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(L) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(M) the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.); 
(N) Executive Order No. 13658, dated 
February 2014, (entitled ‘‘Establishing a Min-
imum Wage for Contractors’’); or 
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(O) equivalent State laws, as defined in 
guidance issued by the Secretary of Labor. 
(4) The entity, and all contractors and sub-
contractors in the performance of construction or 
maintenance project, shall not require arbitration for 
any dispute involving an employee described in para-
graph (5) engaged in a service for the entity or any 
contractor and subcontractor, or enter into any 
agreement with such employee requiring arbitration 
of any such dispute, unless such employee is covered 
by a collective bargaining agreement that provides 
otherwise. 
(5) For purposes of compliance with the Na-
tional Labor Relations Act (29 U.S.C. 151 et seq.), 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.), and the requirements under this sec-
tion, the entity, and all contractors and subcontrac-
tors in the performance of any construction or main-
tenance project, shall consider an individual per-
forming any service in such performance as an em-
ployee (and not an independent contractor) of the 
entity, contractor, or subcontractor, respectively, un-
less— 
(A) the individual is free from control and 
direction in connection with the performance of 
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or maintenance project, of the right to organize and 
bargain collectively through representatives of their 
own choosing. 
(8) The entity shall require all contractors and 
subcontractors to participate in a registered appren-
ticeship program for each skilled craft employed on 
any construction or maintenance project. 
(9) The entity, and all contractors and sub-
contractors in the performance of any construction 
or maintenance project, shall not request or other-
wise consider the criminal history of an applicant for 
employment before extending a conditional offer to 
the applicant, unless— 
(A) a background check is otherwise re-
quired by law; 
(B) the position is for a Federal law en-
forcement 
officer 
(as 
defined 
in 
section 
115(c)(1) of title 18, United States Code) posi-
tion; or 
(C) the Secretary of Labor, after consulta-
tion with the Secretary of Energy, certifies that 
precluding criminal history prior to the condi-
tional offer would pose a threat to national se-
curity. 
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(d) DAVIS-BACON ACT.—The Secretary of Labor 
shall have, with respect to the labor standards described 
in subsection (d)(1), 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. 
(e) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A 
certification made under this section shall be in effect for 
a period of 5 years. An entity may reapply to the Secretary 
of Labor for an additional certification under this section 
in accordance with the application process under sub-
section (b)(2). 
(f) REVOCATION OF QUALIFIED ENTITY STATUS.— 
The Secretary of Labor may revoke the certification of an 
entity under this section as a qualified entity at any time 
in which the Secretary reasonably determines the entity 
is no longer in compliance with the requirements of sub-
section (c). 
(g) CERTIFICATION MAY COVER MORE THAN 1 SUB-
STANTIALLY SIMILAR PROJECT.—The Secretary of Labor 
may make certifications under this section which apply 
with respect to more than 1 project if the projects to which 
such certification apply are substantially similar projects 
which meet the requirements of this section. Such projects 
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shall be treated as a specific construction or maintenance 
project for purposes of subsection (h)(2). 
(h) DEFINITIONS.—In this section: 
(1) COVERED PROJECT LABOR AGREEMENT.— 
The term ‘‘covered project labor agreement’’ means 
a project labor agreement that— 
(A) binds all contractors and subcontrac-
tors on the construction project through the in-
clusion of appropriate specifications in all rel-
evant solicitation provisions and contract docu-
ments; 
(B) allows all contractors and subcontrac-
tors to compete for contracts and subcontracts 
without regard to whether they are otherwise a 
party to a collective bargaining agreement; 
(C) contains guarantees against strikes, 
lockouts, and other similar job disruptions; 
(D) sets forth effective, prompt, and mutu-
ally binding procedures for resolving labor dis-
putes arising during the covered project labor 
agreement; and 
(E) provides other mechanisms for labor- 
management cooperation on matters of mutual 
interest and concern, including productivity, 
quality of work, safety, and health. 
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(2) PROJECT LABOR AGREEMENT.—The term 
‘‘project labor agreement’’ means a pre-hire collec-
tive bargaining agreement with one or more labor 
organizations that establishes the terms and condi-
tions of employment for a specific construction 
project and is described in section 8(f) of the Na-
tional Labor Relations Act (29 U.S.C. 158(f)). 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an applicant for certification under 
subsection (b) that the Secretary of Labor certifies 
as a qualified entity in accordance with subsection 
(b). 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this such sums 
as necessary for fiscal year 2020 and each fiscal year 
thereafter. 
SEC. 12616. AFFIRMING PROTECTIONS FOR CHILDREN AND 
WORKERS. 
Nothing in this Act shall be construed to affect the 
safety and wellbeing of children in the carrying out of 
projects, programs, and other applicable items in this Act 
nor to undermine or affect the enforcement of laws relat-
ing to protections against child labor and forced labor, in-
cluding— 
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(1) the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.); 
(2) title 29, subtitle B, chapter V, Subchapter 
A, Part 570, the Child Labor Regulations, Orders, 
and Statements of Interpretation; 
(3) article 3 of the International Labor Organi-
zation Convention concerning the prohibition and 
immediate action for the elimination of the worst 
forms of child labor (December 2, 2000), or in viola-
tion of human rights; 
(4) number 182 of the International Labor Or-
ganization Convention, entitled ‘‘Worst Forms of 
Child Labour Convention’’ (1999); 
(5) number 105 of the International Labor Or-
ganization Convention, entitled ‘‘Abolition of Forced 
Labour Convention’’ (1957); 
(6) applicable trade laws, including trade pref-
erence programs, trade agreements and Section 307 
of the Tariff Act of 1930; and 
(7) Executive Order No. 13126, dated June 12, 
1999, (entitled ‘‘Prohibition of Acquisition of Prod-
ucts Produced by Forced or Indentured Child 
Labor’’). 
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