tity, contractor, or subcontractor, respec-
tively; and 
(iii) the individual is customarily en-
gaged in an independently established 
trade, occupation, profession, or business 
of the same nature as that involved in such 
service. 
(F) The entity shall prohibit all contrac-
tors and subcontractors in the performance of 
any project from hiring employees through a 
temporary staffing agency unless the relevant 
State workforce agency certifies that temporary 
employees are necessary to address an acute, 
short-term labor demand. 
(G) The entity shall require all contractors, 
subcontractors, successors in interest of the en-
tity, and other entities that may acquire the en-
tity, in the performance or acquisition of any 
project, to have and abide by an explicit neu-
trality policy on any issue involving the exercise 
by employees of the entity as described in para-
graph (5), and of all contractors and sub-
contractors in the performance of any project, 
of the right to organize and bargain collectively 
through representatives of their own choosing. 
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(H) Except for persons covered under sub-
paragraph (A)(1), the entity shall pay persons 
employed, in whole or in part, using funds 
under this Act— 
(i) for the 1-year period beginning on 
the date of enactment, not less than $15 
per hour; 
(ii) for each year thereafter, the 
amount determined by the Secretary under 
paragraph (4). 
(4) INCREASE IN MINIMUM WAGE.— 
(A) IN GENERAL.—The wage determined 
by the Secretary under this paragraph shall be 
equal to the amount in effect for the previous 
year— 
(i) increased by the annual percentage 
increase, if any, in the median hourly wage 
of all employees as determined by the Bu-
reau of Labor Statistics; and 
(ii) rounded up to the nearest multiple 
of $0.05. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed preempt the ap-
plication of higher wage scales determined by 
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Federal, State, or municipal law or regulation 
or collective bargaining agreements. 
(5) ADDITIONAL
WORKER
RIGHTS.—The fol-
lowing provisions shall apply with respect to any in-
dividual employed using funds under section 301: 
(A) PRIVATE RIGHT OF ACTION FOR VIO-
LATIONS.— 
(i) IN GENERAL.—Any employer who 
violates the provisions of section 401(a)(3) 
or subparagraph (B) or (E) shall be liable 
to the employee or employees affected in 
the amount of— 
(I) unpaid minimum wages or 
their unpaid overtime compensation, 
as the case may be; 
(II) an additional equal amount 
as liquidated damages, back pay, com-
pensatory damages, and punitive dam-
ages, as the Secretary determines ap-
propriate; and 
(III) such legal or equitable relief 
as may be appropriate to effectuate 
the purposes of these sections, includ-
ing without limitation employment, re-
instatement, promotion, and the pay-
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ment of wages lost and an additional 
equal amount as liquidated damages. 
(ii) PRIVATE RIGHT.—An action to re-
cover the liability prescribed in clause (i) 
may be maintained against any employer 
(including a public agency) in any Federal 
or State court of competent jurisdiction by 
any one or more employees for and in be-
half of themself, themselves and other em-
ployees similarly situated. The court in 
such action shall, in addition to any judg-
ment awarded to the plaintiff or plaintiffs, 
allow a reasonable attorney’s fee to be paid 
by the defendant, and costs of the action. 
(iii) ENFORCEMENT
BY
THE
SEC-
RETARY.—The Secretary may bring an ac-
tion in any court of competent jurisdiction 
to recover damages described in clause (i). 
(B) WHISTLEBLOWER
PROTECTIONS.—It 
shall be unlawful for any person to discharge or 
in any other manner discriminate against any 
employee because such employee has filed any 
complaint or instituted or caused to be insti-
tuted any proceeding under or related to this 
chapter, or has testified or is about to testify in 
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any such proceeding, or has served or is about 
to serve on an industry committee. 
(C) JOINT
AND
SEVERAL
LIABILITY.— 
Each entity, including grantees, contractors and 
subcontractors, will be joint and severally liable 
for all violations of minimum labor standards 
under this title, regardless of current regula-
tions and court decisions related to standards 
for joint employment. It shall not be a defense 
that the work was subcontracted. 
(D) 
HEALTH
INSURANCE
REQUIRE-
MENT.—In the case of an absence of a collective 
bargaining agreement, the minimum health in-
surance requirement for workers under this title 
is fully employer-paid health insurance coverage 
that at least meets the level of a Silver plan as 
defined by the Affordable Care Act. 
(E) LEAVE
PROVISIONS.—Paid vacation, 
paid holidays, sick leave, and family leave in an 
amount equivalent to that received by com-
parably employed Federal employees and safe 
leave equivalent to subsection (b)(2) shall be 
provided to each worker, depending upon the 
years of employment with the entity. 
(6) UNION REPRESENTATION.— 
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(A) IN GENERAL.—No employer shall re-
ceive funds under this Act unless employees 
who perform or will perform work funded under 
this Act (including employees of an entity with 
which the employer contracts for the perform-
ance of work funded under this Act) are rep-
resented for purposes of collective bargaining by 
a labor organization. 
(B) EXCEPTION.—The restriction under 
subparagraph (A) shall not apply if— 
(i) the employer certifies that such 
employees are covered by a labor harmony 
agreement or that no labor organization 
represents or has expressed interest in rep-
resenting such employees; 
(ii) no employee has expressed interest 
in representation by a labor organization; 
(iii) the Department of Labor pub-
lishes the certification required under 
clause (i); and 
(iv) after a reasonable period of not 
less than 90 days following the publication 
under clause (ii), no labor organization dis-
putes the certification and the employer 
again certifies that such employees are cov-
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ered by a labor harmony agreement or that 
no labor organization represents or has ex-
pressed interest in representing such em-
ployees for the purposes of collective bar-
gaining. 
(C) RESTRICTION.—No such employee 
may be compelled to become a member of a 
labor organization as a condition of employ-
ment. 
(D) FUNDING RESTRICTION.—The restric-
tion under subparagraph (A) shall be both a 
prerequisite to receiving funds and an ongoing 
condition of receiving funds, except in cases in 
which a majority of such employees vote pursu-
ant to section 9 of the National Labor Rela-
tions Act (29 U.S.C. 159) to decertify an in-
cumbent labor organization representative dur-
ing the course of funded work. 
(E) LABOR
HARMONY
AGREEMENT
DE-
FINED.—In this paragraph, the term ‘‘labor 
harmony agreement’’ means a written agree-
ment between an employer and a labor organi-
zation representing, or seeking to represent, 
employees that contains, at a minimum, a pro-
vision prohibiting the labor organization and its 
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members from engaging in any work stoppage 
or other economic interference with the employ-
er’s funded operations for the duration of the 
funded work. 
(b) FEDERAL EMPLOYMENT ESTABLISHED UNDER 
THIS ACT.—Any Federal Government position established 
under this Act shall be a position in the competitive service 
and classified under the General Schedule at a level not 
less than step 1 of GS–04. 
(c) WORKERS HIRED THROUGH OTHER FEDERAL 
FUNDING STREAMS.—Entities hiring workers via the Fed-
eral funding streams noted in section 402(c)(1) may be 
eligible to apply for the Good Climate Resilience Jobs 
Grant program if they agree to adhere to the minimum 
labor standards outlined in this section. 
(d) NATIONAL EMERGENCIES.—Eligible entities shall 
not fail to comply with the standards put forth in this 
title even in case of natural disaster or other national 
emergency. Suspensions of worker protections including 
but not limited to suspensions of section 1 of the Davis- 
Bacon Act of March 3, 1931 (46 Stat. 1494, as amended, 
40 U.S.C. 3147) shall not constitute permissible cir-
cumstances for failure by eligible entities to comply with 
this title. 
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(e) APPLICATION OF OTHER LAW.—For purposes of 
any job created using funds provided under this Act, the 
requirements of section 22.1803 of title 48, Code of Fed-
eral Regulations, shall not apply. 
SEC. 402. GOOD CLIMATE RESILIENCE JOBS GRANT PRO-
GRAM. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the enactment of this Act, the Department of Labor Sec-
retary shall establish a Good Climate Resilience Jobs 
Grant program. 
(b) PURPOSE.—The purpose of the grant program is 
to incentivize entities receiving Federal funds from exist-
ing Federal programs that fund climate disaster recovery 
and rebuilding activities to adhere to the minimum labor 
standards outlined in section 401 in employing workers 
hired using Federal funds. 
(c) ELIGIBILITY.— 
(1) Entities receiving Federal funds from the 
following programs are eligible to apply for the Good 
Climate Resilience Jobs Grant program: 
(A) Community Development Block Grant 
of the Department of Housing and Urban De-
velopment, including but not limited to amounts 
appropriated for disaster relief. 
(B) National Flood Insurance Program. 
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(C) Federal Highway Emergency Funds. 
(D) United States Army Corps of Engi-
neers Disaster Relief Funds. 
(E) The Infrastructure and Communities 
Grant Program of the Federal Emergency Man-
agement Administration. 
(F) The Coastal Resilience Grant Program 
of the National Oceanic and Atmospheric Ad-
ministration. 
(2) Entities that attest that they are applying 
for or currently receiving Federal funds through the 
grant programs named in subsection (c)(1) shall be 
eligible for a matching grant of up to the full 
amount received through the programs named in 
subsection (c)(1). 
(3) Entities must be wiling to submit to De-
partment of Labor any information requested to 
verify that the entity is complying with the minimum 
labor standards outlined in section 401 of this Act. 
(4) Entities may use matching funds for the 
following purposes: 
(A) Payment of the non-Federal share re-
quired in connection with a Federal grant-in-aid 
program undertaken as part of the programs 
listed in subsection (c)(1). 
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(B) Payment of the premium for the Na-
tional Flood Insurance Program. 
(C) For the projects for which entities 
have received funding through the grant pro-
grams named in subsection (c)(1). 
(d) NOTIFICATION.—Not later than 90 days after the 
enactment of this Act, the Secretary of Housing and 
Urban Development, Federal Emergency Management 
Administrator, Secretary of Department of Transpor-
tation, the Administrator of the National Oceanic and At-
mospheric Administration, and Director of the United 
States Army Corps must amend the application processes 
pertaining to the programs named in subsection (c)(1) to 
include information about the Good Climate Resilience 
Jobs Grant program. Existing applicants and recipients 
to the programs listed in subsection (c)(1) shall be notified 
of the grant program and given the opportunity to apply 
with 60 days of notification. 
(e) GRANT PROCESS, COMPLIANCE AND ENFORCE-
MENT.— 
(1) IN GENERAL.—The Department of Labor 
Secretary shall establish processes for reviewing 
grant applications, notifying applicants of award de-
cisions, administering grant funds, verifying compli-
ance with the minimum labor standards outlined in 
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