Build Local, Hire Local Act
Bill: S.1827 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Transportation and Public Works

Summary:
Build Local, Hire Local Act
This bill imposes various requirements on certain federally assisted infrastructure projects. The bill also creates infrastructure-related grant programs and establishes the Buy America Bureau.
Such federally assisted infrastructure projects must (1) employ a certain percentage of local workers to the maximum extent practicable; and (2) prioritize hiring certain individuals, such as veterans and those facing barriers to employment. A certain percentage of funds for these projects must be used for contracts with small businesses that have fewer than 10 employees.
When applying for a contract, grant, or loan related to a project, the applying entity must disclose whether there are any rulings, such as a civil judgment, finding that the entity has violated certain federal labor and occupational safety laws in the last three years.
In addition, the Department of Transportation must award grants to entities in disadvantaged and underserved communities for infrastructure projects that create connected, economically prosperous, and environmentally healthy communities. Further, the Department of Labor must provide grants to workforce development boards and industry partnerships for job training programs to train certain groups, such as individuals with barriers to employment, for jobs in targeted infrastructure industries.
The bill also establishes the Buy America Bureau within the Department of Commerce to oversee project compliance with existing laws that require the use of U.S.-made materials in certain federally funded projects.

To establish an expansive infrastructure program to create local jobs 
  and raise the quality of life in every community, to launch middle 
class career pathways in infrastructure, and to invest in high-quality 
                 American jobs, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Build Local, Hire 
Local Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
    TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY 
                               COMMUNITY

           Subtitle A--Creating Local Jobs Across the Country

Sec. 111. Targeted hiring requirements for construction jobs created by 
                            covered infrastructure programs.
Sec. 112. Compliance with court orders.
    Subtitle B--Rebuilding Our Infrastructure With American Business

Sec. 121. Definitions.
Sec. 122. Increasing meaningful small business participation.
Sec. 123. Requiring meaningful participation from targeted businesses.
Sec. 124. Compliance with court orders.
Sec. 125. Expansion of Small Business Administration Surety Bond 
                            Program.
Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value 
                          Contracting Analysis

Sec. 131. Creating a best-value analysis for Federal expenditures on 
                            infrastructure, use of U.S. Employment 
                            Plans, and preferences for registered 
                            apprenticeship programs and neutrality in 
                            union organizing.
   Subtitle D--Improving Safety, Connectivity, and Access to Better 
                             Opportunities

Sec. 141. Accessibility data program.
Sec. 142. Establishment of performance measures for transportation 
                            accessibility.
Sec. 143. Technical assistance program.
Sec. 144. Connect Communities Program.
   TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE

Sec. 201. Building American Infrastructure and Careers Program.
Sec. 202. Infrastructure workforce equity capacity building program.
Sec. 203. Authorization of appropriations.
           TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS

Sec. 301. Wage rate.
Sec. 302. Raise labor standards, improve working conditions, and 
                            strengthen workers' bargaining power.
Sec. 303. Buy America Bureau.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) infrastructure plays a vital role in the lives of all 
        people in the United States;
            (2) the aging infrastructure of the United States is in 
        need of a significant investment to repair, rebuild, and 
        modernize, and in the process, the Federal Government can take 
        necessary steps to address economic and racial injustices that 
        have limited opportunities for far too many people of the 
        United States;
            (3) decades of disinvestment and exclusionary policies have 
        isolated many people of color, low-income people, and disabled 
        individuals in the United States from opportunity across the 
        urban centers, deindustrialized cities, rural regions, and 
        Tribal areas of the United States, including horribly 
        inadequate investment to ensure universal access to clean air 
        and water, safe and reliable transportation, affordable 
        housing, quality living wage jobs, high-speed internet, 
        modernized schools, and parks and community facilities;
            (4) while the construction of the National Highway System 
        remains one of the most transformative achievements in the 
        history of the United States, it came at the expense of many 
        low-income communities as well as minority neighborhoods of all 
        income levels that were destroyed by the construction and 
        isolated from the broader community and from economic 
        opportunity;
            (5) investing in repairing, rebuilding, and modernizing the 
        infrastructure of the United States presents an opportunity to 
        learn from the mistakes of the past and reimagine how 
        communities can design and build infrastructure to be more 
        equitable, helping to address structural inequities faced by 
        marginalized communities nationwide, including a lack of good 
        paying jobs, affordable, accessible, and inclusive housing, 
        decaying roads, bridges, and schools, inadequate access to 
        technology, and exposure to toxic emissions and poisoned water;
            (6) accessibility to quality infrastructure, training, and 
        jobs is an issue across the United States, spanning from rural 
        and Tribal areas to urban and suburban areas;
            (7) transportation infrastructure has a significant impact 
        on access to jobs, education, healthcare, healthy foods, and 
        other essential services;
            (8) accessibility to essential services is defined not only 
        by speed, but also by ease of access, which includes the 
        ability to safely and conveniently access services by all modes 
        of travel;
            (9) with a shortage of construction firms that are ready 
        and able to take on the large-scale infrastructure projects the 
        United States demands, the close to 478,000 specialty trade 
        contractors in smaller minority, women, and disadvantaged 
        businesses could be supported to meet this demand;
            (10) small businesses and under-represented contractors, 
        including minority-, women-, veteran-owned businesses, and 
        businesses owned by disabled individuals should have the 
        opportunity to rebuild their communities and employ hardworking 
        people of the United States along the way;
            (11) as of 2018, about \1/4\ of the infrastructure 
        workforce is projected to retire or permanently leave their 
        jobs over the next decade, compounding the infrastructure 
        crisis in the United States;
            (12) as of 2019, the Board of Governors of the Federal 
        Reserve System finds that skilled trades and many occupations 
        that do not require a 4-year degree are not considered to be at 
        significant risk of automation;
            (13) infrastructure jobs include a wide range of employment 
        opportunities in both the public and private sectors, including 
        design, manufacturing, construction, operation, governance, and 
        maintenance of infrastructure assets in the United States;
            (14) more than 1 in 10 jobs in the United States is a 
        transportation- or infrastructure-related job;
            (15) many infrastructure jobs provide competitive wages 
        with low barriers to entry, many of which require on-the-job 
        training in lieu of formal 4-year degree higher education 
        programs;
            (16) in spite of rising income inequality, infrastructure 
        jobs paid approximately 30 percent more to low income 
        individuals than other occupations in 2018;
            (17) women, people of color, and particularly women of 
        color are underrepresented in construction jobs;
            (18) while women across all occupations currently make up 
        about 50 percent of the workforce, women in construction and 
        extraction occupations has hovered around 3 percent for the 
        last 3 decades;
            (19) while Black Americans make up about 12 percent of the 
        overall workforce, Black Americans only represent 7 percent of 
        construction and extraction occupations;
            (20) by focusing on improving workforce development systems 
        through targeted employment strategies, the Federal Government 
        can improve the quality of future projects and better ensure 
        that all communities benefit from investments that--
                    (A) protect workers;
                    (B) expand opportunities for advancement;
                    (C) establish strong labor standards; and
                    (D) redress discriminatory policies that have 
                unfairly burdened low-income communities and 
                communities of color with pollution and geographic 
                isolation; and
            (21) the Federal Government should make concerted efforts 
        to close the workforce gap, through coordination with States 
        and units of local government, workforce development agencies, 
        national and regional nonprofit intermediaries, labor 
        organizations, and institutions of higher education and other 
        educational institutions, including historically Black colleges 
        and universities and Hispanic-serving institutions, to recruit, 
        train, and retain the next generation of infrastructure workers 
        in the United States, with a focus on--
                    (A) achieving gender, ethnic, racial, and ability 
                diversity; and
                    (B) recruiting and training individuals from 
                communities with high unemployment rates, including 
                African-American communities, Hispanic communities, 
                Indian Tribes, the disabled community, and the LGBTQ 
                community.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered infrastructure program.--The term ``covered 
        infrastructure program'' means any of the following:
                    (A) Direct and guaranteed loans and grants under 
                section 306(a) of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1926(a)).
                    (B) Distance learning and telemedicine grants under 
                section 2333 of the Food, Agriculture, Conservation, 
                and Trade Act of 1990 (7 U.S.C. 950aaa-2).
                    (C) Broadband loans and loan guarantees under title 
                IV of the Rural Electrification Act of 1936 (7 U.S.C. 
                950bb et seq.).
                    (D) The community connect grant program established 
                under title III of the Agriculture, Rural Development, 
                Food and Drug Administration, and Related Agencies 
                Appropriations, 2004 (Public Law 108-199; 118 Stat. 
                29).
                    (E) Solid waste management grants under section 
                310B(b) of the Consolidated Farm and Rural Development 
                Act (7 U.S.C. 1932(b)).
                    (F) A program or project carried out under the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3121 et seq.).
                    (G) Financial assistance for development, 
                implementation, or modification of a State energy 
                conservation plan under section 363 of the Energy 
                Policy and Conservation Act (42 U.S.C. 6323).
                    (H) State water pollution control revolving funds 
                established under title VI of the Federal Water 
                Pollution Control Act (33 U.S.C. 1381 et seq.).
                    (I) State drinking water treatment revolving loan 
                funds established under section 1452 of the Safe 
                Drinking Water Act (42 U.S.C. 300j-12).
                    (J) Grants for construction of health centers 
                provided by the Secretary of Health and Human Services.
                    (K) Grants for construction, renovation, or repair 
                of non-Federal research facilities provided by the 
                Director of the National Institutes of Health.
                    (L) The public transportation security assistance 
                grant program under section 1406 of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (6 
                U.S.C. 1135).
                    (M) Assistance provided under the Public Housing 
                Capital Fund established under section 9(d) of the 
                United States Housing Act of 1937 (42 U.S.C. 1437g(d)).
                    (N) The community development block grant program 
                under title I of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5301 et seq.).
                    (O) The Indian housing block grant program under 
                section 101 of the Native American Housing Assistance 
                and Self-Determination Act of 1996 (25 U.S.C. 4111).
                    (P) The rural water supply program under section 
                103 of the Rural Water Supply Act of 2006 (43 U.S.C. 
                2402).
                    (Q) Financial assistance provided under the Water 
                Infrastructure Finance and Innovation Act (33 U.S.C. 
                3901 et seq.).
                    (R) Assistance provided under title 23, United 
                States Code.
                    (S) Assistance provided under chapter 53 of title 
                49, United States Code.
                    (T) Programs for civil works projects, including 
                water resources projects, under the jurisdiction of the 
                Corps of Engineers.
                    (U) Assistance provided for a freight or passenger 
                rail project under subtitle V of title 49, United 
                States Code.
                    (V) Assistance provided for an airport development 
                project under chapter 471 of title 49, United States 
                Code.
                    (W) Assistance for an environmental cleanup project 
                under the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (X) Assistance provided under section 7007 and 7008 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7707, 7708).
                    (Y) Mutual and self-help housing assistance 
                provided under section 523 of the Housing Act of 1949 
                (42 U.S.C. 1490c).
                    (Z) Site development loans provided under section 
                524 of the Housing Act of 1949 (42 U.S.C. 1490d).
                    (AA) Loan guarantees for rural rental housing 
                provided under section 538 of the Housing Act of 1949 
                (42 U.S.C. 1490p-2).
                    (BB) Assistance provided by the Community 
                Development Financial Institutions Fund established 
                under section 104(a) of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4703(a)).
                    (CC) Grants awarded from the Capital Magnet Fund 
                established under section 1339 of the Federal Housing 
                Enterprises Financial Safety and Soundness Act of 1992 
                (12 U.S.C. 4569).
                    (DD) Assistance provided under the Connect America 
                Fund of the Federal Communications Commission under 
                subpart D of part 54 of title 47, Code of Federal 
                Regulations (or a successor regulation).
                    (EE) The Connect Communities Program under section 
                144.
                    (FF) Any similar program, as determined by the 
                Director of the Office of Management and Budget, in 
                consultation with the heads of the relevant Federal 
                agencies.
            (2) Disabled individual.--The term ``disabled individual'' 
        means an individual with a disability (as defined in section 3 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102)).
            (3) Head of the relevant federal agency.--The term ``head 
        of the relevant Federal agency'' means the head of a Federal 
        department or agency that administers or has jurisdiction over 
        a covered infrastructure program.
            (4) Local workforce development board.--The term ``local 
        workforce development board'' has the meaning given the term 
        ``local board'' in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (5) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' has the meaning given the 
        term in section 3131(e)(3)(B) of the Internal Revenue Code of 
        1986.
            (6) State workforce development board.--The term ``State 
        workforce development board'' has the meaning given the term 
        ``State board'' in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (7) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

    TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY 
                               COMMUNITY

           Subtitle A--Creating Local Jobs Across the Country

SEC. 111. TARGETED HIRING REQUIREMENTS FOR CONSTRUCTION JOBS CREATED BY 
              COVERED INFRASTRUCTURE PROGRAMS.

    (a) Definition of Local.--
            (1) In general.--In this section, the term ``local'', with 
        respect to hiring for a project, means hiring within the 
        geographical boundaries of the area in which the project is 
        located, as determined by the recipient of assistance under a 
        covered infrastructure program, in coordination with the head 
        of the relevant Federal agency, subject to the requirement that 
        the geographical area shall--
                    (A) include high-poverty, high-unemployment zip 
                codes; and
                    (B) be the size of a county, multi-county, 
                statewide, or multi-State region.
            (2) Savings provision.--Nothing in paragraph (1) prohibits 
        interstate hiring.
    (b) Requirement.--
            (1) In general.--Notwithstanding any other provision of law 
        and to the maximum extent practicable, except to the extent 
        that the head of the relevant Federal agency determines 
        otherwise, in the case of any construction project carried out 
        under a covered infrastructure program, the head of the 
        relevant Federal agency shall ensure that, of the workers hired 
        for the project (including workers hired for related 
        maintenance, service, or operations activities for the 
        project), the applicable percentage described in paragraph (2) 
        are hired through local hiring, in partnership with a 
        registered apprenticeship program, if applicable, or with a 
        State workforce development board or local workforce 
        development board, if applicable.
            (2) Applicable percentage.--The applicable percentage 
        referred to in paragraph (1) is--
                    (A) for fiscal year 2022, 10 percent;
                    (B) for fiscal year 2023, 20 percent;
                    (C) for fiscal year 2024, 30 percent;
                    (D) for fiscal year 2025, 40 percent; and
                    (E) for fiscal year 2026 and each fiscal year 
                thereafter, 50 percent.
    (c) Priority.--In carrying out subsection (b), the head of the 
relevant Federal agency shall ensure that the entity carrying out the 
project gives priority to--
            (1) individuals with a barrier to employment (as defined in 
        section 3 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3102)), including ex-offenders and disabled individuals;
            (2) veterans; and
            (3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure workforce, 
        such as women and racial and ethnic minorities.
    (d) Reports and Oversight.--
            (1) In general.--Not less frequently than annually, the 
        Secretary of Labor, in consultation with the heads of the 
        relevant Federal agencies, shall--
                    (A) submit to Congress a report on the 
                implementation of this section; and
                    (B) make the report under subparagraph (A), 
                including any related data, publicly available on the 
                internet.
            (2) GAO review.--Not later than 5 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall--
                    (A) carry out a review of the implementation of 
                this section to determine compliance with this section; 
                and
                    (B) submit to Congress a report on the results of 
                the review under subparagraph (A), including any 
                suggestions or recommendations for legislative, 
                regulatory, or other changes to improve the 
                implementation of this section or compliance with this 
                section.

SEC. 112. COMPLIANCE WITH COURT ORDERS.

    Nothing in this subtitle limits the eligibility of an individual or 
entity to receive assistance made available under a covered 
infrastructure program if the individual or entity is prevented, in 
whole or in part, from complying with section 111(b) because a Federal 
court issues a final order in which the court finds that a requirement 
or the implementation of that section is unconstitutional.

    Subtitle B--Rebuilding Our Infrastructure With American Business

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Owned and controlled.--The term ``owned and 
        controlled'', with respect to a business, means--
                    (A) ownership of at least 51 percent of the 
                business, or in the case of any publicly owned 
                business, ownership of at least 51 percent of the 
                stock; and
                    (B) control of the management and daily business 
                operations of the business.
            (2) Small business concern.--
                    (A) In general.--The term ``small business 
                concern'' means a small business concern (within the 
                meaning of section 3(a) of the Small Business Act (15 
                U.S.C. 632(a))).
                    (B) Exclusions.--The term ``small business 
                concern'' does not include any concern or group of 
                concerns controlled by the same socially and 
                economically disadvantaged individual or individuals 
                that have average annual gross receipts during the 
                preceding 3 fiscal years in excess of $23,980,000, as 
                adjusted annually by the head of the relevant Federal 
                agency for inflation.
            (3) Socially or economically disadvantaged individual.--The 
        term ``socially or economically disadvantaged individual'' 
        means any socially and economically disadvantaged individuals 
        within the meaning of section 8(d) of the Small Business Act 
        (15 U.S.C. 637(d)) and relevant subcontracting regulations 
        issued pursuant to that Act.

SEC. 122. INCREASING MEANINGFUL SMALL BUSINESS PARTICIPATION.

    (a) In General.--Except to the extent that the head of the relevant 
Federal agency determines otherwise--
            (1) not less than the percentage described in subsection 
        (b) for the applicable fiscal year of the amounts made 
        available for each covered infrastructure program shall be 
        expended through small business concerns; and
            (2) not less than the percentage described in subsection 
        (b) for the applicable fiscal year of the total number of 
        projects that receive assistance under each covered 
        infrastructure program shall be subcontracted through a small 
        business concern.
    (b) Percentage Described.--The percentage referred to in each of 
paragraphs (1) and (2) of subsection (a) is--
            (1) for fiscal year 2022, 6 percent;
            (2) for fiscal year 2023, 12 percent;
            (3) for fiscal year 2024, 19 percent;
            (4) for fiscal year 2025, 26 percent; and
            (5) for fiscal year 2026 and each fiscal year thereafter, 
        33 percent.
    (c) Report.--Not less frequently than once each fiscal year, the 
Administrator of the Small Business Administration, in consultation 
with the heads of the relevant Federal agencies, shall submit to 
Congress a report on the implementation of subsection (a).

SEC. 123. REQUIRING MEANINGFUL PARTICIPATION FROM TARGETED BUSINESSES.

    (a) Purpose.--The purpose of this section is to ensure that 
businesses with fewer than 10 employees, which are Main Street 
businesses that anchor neighborhoods and help families build wealth, 
have opportunities to participate in projects carried out under covered 
infrastructure programs.
    (b) Requirement.--Except to the extent that the head of the 
relevant Federal agency determines otherwise, not less than the 
percentage described in subsection (c) for the applicable fiscal year 
of the amounts made available for a covered infrastructure program 
shall be expended through businesses with fewer than 10 employees.
    (c) Percentage Described.--The percentage referred to in subsection 
(b) is--
            (1) for fiscal year 2022, 6 percent;
            (2) for fiscal year 2023, 12 percent;
            (3) for fiscal year 2024, 18 percent;
            (4) for fiscal year 2025, 24 percent; and
            (5) for fiscal year 2026 and each fiscal year thereafter, 
        30 percent.
    (d) Report.--Not less frequently than once each fiscal year, the 
Secretary of Commerce, in consultation with the Administrator of the 
Small Business Administration and the heads of the relevant Federal 
agencies, shall submit to Congress a report on the implementation of 
subsection (b).

SEC. 124. COMPLIANCE WITH COURT ORDERS.

    Nothing in this subtitle limits the eligibility of an individual or 
entity to receive assistance made available under a covered 
infrastructure program if the individual or entity is prevented, in 
whole or in part, from complying with section 122(a) or 123(b), as 
applicable, because a Federal court issues a final order in which the 
court finds that a requirement or the implementation of section 122(a) 
or 123(b), as applicable, is unconstitutional.

SEC. 125. EXPANSION OF SMALL BUSINESS ADMINISTRATION SURETY BOND 
              PROGRAM.

    Section 411(a)(1)(A) of the Small Business Investment Act of 1958 
(15 U.S.C. 694b(a)(1)(A)) is amended by striking ``$6,500,000'' and 
inserting ``$10,000,000''.

Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value 
                          Contracting Analysis

SEC. 131. CREATING A BEST-VALUE ANALYSIS FOR FEDERAL EXPENDITURES ON 
              INFRASTRUCTURE, USE OF U.S. EMPLOYMENT PLANS, AND 
              PREFERENCES FOR REGISTERED APPRENTICESHIP PROGRAMS AND 
              NEUTRALITY IN UNION ORGANIZING.

    (a) Definitions.--In this section:
            (1) Commitment to high-quality career and business 
        opportunities.--The term ``commitment to high-quality career 
        and business opportunities'' means participation in a 
        registered apprenticeship program.
            (2) U.S. employment plan.--The term ``U.S. Employment 
        Plan'' means a plan under which an entity receiving Federal 
        assistance for a project under a covered infrastructure program 
        shall--
                    (A) include in a request for proposal an 
                encouragement for bidders to include, with respect to 
                the project--
                            (i) high-quality wage, benefit, and 
                        training commitments by the bidder and the 
                        supply chain of the bidder for the project; and
                            (ii) a commitment to recruit and hire 
                        individuals described in section 111(c) if the 
                        project results in the hiring of employees not 
                        currently or previously employed by the bidder 
                        and the supply chain of the bidder for the 
                        project;
                    (B) give preference for the award of the contract 
                to a bidder that includes the commitments described in 
                clauses (i) and (ii) of subparagraph (A); and
                    (C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) of 
                subparagraph (A) that is awarded a contract complies 
                with those commitments.
    (b) Best-Value Framework.--To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure program is 
encouraged--
            (1) to ensure that each dollar invested in infrastructure 
        uses a best-value contracting framework to maximize the local 
        value of federally funded contracts by evaluating bids on price 
        and other criteria prioritized in the bid, such as--
                    (A) equity;
                    (B) environmental and climate justice;
                    (C) impact on greenhouse gas emissions;
                    (D) resilience;
                    (E) the results of a 40-year life-cycle analysis;
                    (F) safety;
                    (G) commitment to creating or sustaining high-
                quality job opportunities affiliated with registered 
                apprenticeship programs for disadvantaged or 
                underrepresented individuals in infrastructure 
                industries in the United States; and
                    (H) access to jobs and essential services by all 
                modes of travel for all users, including disabled 
                individuals;
            (2) in evaluating bids, to give at least equal weight to 
        the criteria described in paragraph (1) as to past performance; 
        and
            (3) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the project.
    (c) Preference for Registered Apprenticeship Programs.--To the 
maximum extent practicable, a recipient of assistance under a covered 
infrastructure program, with respect to the project for which the 
assistance is received, shall give preference to a bidder that 
demonstrates a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs.
    (d) Preference for Neutrality in Union Organizing.--Notwithstanding 
any other provision of law, the head of each relevant Federal agency, 
in consultation with the Secretary of Labor, shall give preference in 
providing assistance under a covered infrastructure program to an 
entity that commits to giving preference in awarding contracts and 
subcontracts for projects carried out with that assistance to bidders 
that have an explicit neutrality policy on any issue involving the 
organization of employees for purposes of collective bargaining.
    (e) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program, each entity that receives Federal assistance 
shall use a U.S. Employment Plan for each contract of $5,000,000 or 
more for the purchase of manufactured goods or of services, based on an 
independent cost estimate.
    (f) Report.--Not less frequently than once each fiscal year, the 
heads of the relevant Federal agencies shall jointly submit to Congress 
a report describing the implementation of this section.
    (g) Intent of Congress.--
            (1) In general.--It is the intent of Congress--
                    (A) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use a best-
                value contracting framework described in subsection 
                (b)(1) for the purchase of goods and services;
                    (B) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use 
                preferences for registered apprenticeship programs and 
                neutrality in union organizing as described in 
                subsections (c) and (d) when evaluating bids for 
                projects using that assistance;
                    (C) to require that recipients of Federal 
                assistance under covered infrastructure programs use 
                the U.S. Employment Plan in carrying out the project 
                for which the assistance was provided; and
                    (D) that full and open competition under covered 
                infrastructure programs means a procedural competition 
                that prevents corruption, favoritism, and unfair 
                treatment by recipient agencies.
            (2) Inclusion.--A best-value contracting framework 
        described in subsection (b)(1) is a framework that authorizes a 
        recipient of Federal assistance under a covered infrastructure 
        program, in awarding contracts, to evaluate a range of factors, 
        including price, the quality of products, the quality of 
        services, and commitments to the creation of good jobs for all 
        people in the United States.

   Subtitle D--Improving Safety, Connectivity, and Access to Better 
                             Opportunities

SEC. 141. ACCESSIBILITY DATA PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation (referred to in this 
section as the ``Secretary'') shall carry out an accessibility data 
program (referred to in this section as the ``program'').
    (b) Purpose.--The purpose of the program is to develop or procure 
an accessibility data set and make that data set available to each 
eligible entity selected to participate in the program to improve the 
transportation planning of those eligible entities by--
            (1) measuring the level of access by multiple 
        transportation modes to important destinations, which may 
        include--
                    (A) jobs, including areas with a concentration of 
                available jobs;
                    (B) health care facilities;
                    (C) child care services;
                    (D) educational and workforce training facilities;
                    (E) affordable and accessible housing;
                    (F) food sources; and
                    (G) connections between modes, including 
                connections to--
                            (i) high-quality transit or rail service;
                            (ii) safe bicycling corridors; and
                            (iii) safe sidewalks that achieve 
                        compliance with applicable requirements of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.);
            (2) disaggregating the level of access by multiple 
        transportation modes by a variety of population categories, 
        which may include--
                    (A) low-income populations;
                    (B) minority populations;
                    (C) age;
                    (D) disability; and
                    (E) geographical location; and
            (3) assessing the change in accessibility that would result 
        from new transportation investments.
    (c) Eligible Entities.--An entity eligible to participate in the 
program is--
            (1) a State (as defined in section 101(a) of title 23, 
        United States Code);
            (2) a metropolitan planning organization; or
            (3) a rural planning organization.
    (d) Application.--To be eligible to participate in the program, an 
eligible entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require, including information relating to--
            (1) previous experience of the eligible entity measuring 
        transportation access or other performance management 
        experience;
            (2) the types of important destinations to which the 
        eligible entity intends to measure access;
            (3) the types of data disaggregation the eligible entity 
        intends to pursue; and
            (4) a general description of the methodology the eligible 
        entity intends to apply.
    (e) Selection.--The Secretary shall seek to achieve diversity of 
participants in the program, including--
            (1) by selecting a range of eligible entities that shall 
        include not less than--
                    (A) 5 States;
                    (B) 10 metropolitan planning organizations, of 
                which--
                            (i) 5 shall each serve an area with a 
                        population of not more than 200,000 people; and
                            (ii) 5 shall each serve an area with a 
                        population of 200,000 or more people; and
                    (C) 5 rural planning organizations; and
            (2) among the eligible entities selected under paragraph 
        (1)--
                    (A) a range of capacity and previous experience 
                with measuring transportation access; and
                    (B) a variety of proposed methodologies and focus 
                areas for measuring level access.
    (f) Duties.--For each eligible entity participating in the program, 
the Secretary shall--
            (1) develop or acquire an accessibility data set described 
        in subsection (b); and
            (2) submit the data set to the eligible entity.
    (g) Methodology.--In calculating the measures for the data set 
under the program, the Secretary shall ensure that methodology is open 
source.
    (h) Availability.--The Secretary shall make an accessibility data 
set under the program available to--
            (1) units of local government within the jurisdiction of 
        the eligible entity participating in the program; and
            (2) researchers.
    (i) Report.--Not later than 120 days after the last date on which 
the Secretary submits data sets to the eligible entity under subsection 
(f), the Secretary shall submit to Congress a report on the results of 
the program, including the feasibility of developing and providing 
periodic accessibility data sets for all States, regions, and 
localities.
    (j) Public Availability of Data.--The Secretary may make publicly 
available on the internet the data sets and the report under subsection 
(i).
    (k) Funding.--The Secretary shall carry out the program using 
amounts made available to the Secretary for administrative expenses to 
carry out programs under the authority of the Secretary.

SEC. 142. ESTABLISHMENT OF PERFORMANCE MEASURES FOR TRANSPORTATION 
              ACCESSIBILITY.

    (a) Connectivity and Accessibility Performance Measures.--Section 
150 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting ``and in the 
                case of paragraph (7), not later than 3 years after the 
                date of enactment of the Build Local, Hire Local Act,'' 
                after ``MAP-21,''; and
                    (B) by adding at the end the following:
            ``(7) Multimodal transportation connectivity and 
        accessibility.--
                    ``(A) Definition of disadvantaged population.--In 
                this paragraph, the term `disadvantaged population' 
                means a low-income population, a minority population, 
                or people with disabilities, as determined by the 
                Secretary.
                    ``(B) Regulations.--The Secretary shall issue such 
                regulations as are necessary to establish performance 
                measures relating to transportation connectivity and 
                accessibility for States, metropolitan planning 
                organizations, and units of local government to improve 
                the connectivity and accessibility of roadways, public 
                transportation infrastructure, pedestrian and bikeway 
                infrastructure, and other transportation 
                infrastructure.
                    ``(C) Inclusions.--The performance measures 
                established pursuant to subparagraph (B) shall include 
                measures to assess--
                            ``(i) with respect to the general 
                        population serviced by a transportation 
                        system--
                                    ``(I) the change in cumulative 
                                access to employment opportunities and 
                                other essential services, including 
                                educational and workforce training 
                                locations, health care facilities, 
                                recreational assets, and supermarkets 
                                and grocers;
                                    ``(II) multimodal choice and 
                                enhanced interconnections among modes--
                                            ``(aa) to offer variety of 
                                        choice between and among modes;
                                            ``(bb) to provide 
                                        accessible and reliable 
                                        transportation for all users; 
                                        and
                                            ``(cc) to encourage travel 
                                        demand management among local 
                                        and statewide employers; and
                                    ``(III) any other issues the 
                                Secretary determines to be appropriate; 
                                and
                            ``(ii) with respect to disadvantaged 
                        populations serviced by a transportation 
                        system--
                                    ``(I) transportation accessibility 
                                for disadvantaged populations;
                                    ``(II) change in cumulative 
                                accessibility for disadvantaged 
                                populations to employment opportunities 
                                and other essential services, including 
                                educational and workforce training 
                                locations, health care facilities, 
                                recreational assets, and supermarkets 
                                and grocers; and
                                    ``(III) any other issues the 
                                Secretary determines to be 
                                appropriate.'';
            (2) in subsection (d)(1), by striking ``and (6)'' and 
        inserting ``(6), and (7)''; and
            (3) by adding at the end the following:
    ``(f) Report on Multimodal Transportation Connectivity and 
Accessibility.--Not less frequently than annually--
            ``(1) each State, metropolitan planning organization, and 
        unit of local government shall submit to the Secretary the 
        progress of that entity toward achieving the performance 
        measures under subsection (c)(7); and
            ``(2) the Secretary shall--
                    ``(A) submit to Congress a report that includes the 
                results of the reporting under paragraph (1); and
                    ``(B) make publicly available on the internet the 
                report under subparagraph (A) and any accompanying 
                data.''.
    (b) Highway Metropolitan Planning Coordination.--Section 
134(h)(2)(B) of title 23, United States Code, is amended by adding at 
the end the following:
                            ``(iii) Multimodal transportation 
                        accessibility performance targets.--Selection 
                        of performance targets by a metropolitan 
                        planning organization shall be coordinated, to 
                        the maximum extent practicable, with the 
                        relevant State, local transportation planning 
                        agencies, and providers of public 
                        transportation to ensure consistency with 
                        section 150(c)(7).''.
    (c) Public Transportation Metropolitan Planning Coordination.--
Section 5303(h)(2)(B) of title 49, United States Code, is amended by 
adding at the end the following:
                            ``(iii) Multimodal transportation 
                        accessibility performance targets.--Selection 
                        of performance targets by a metropolitan 
                        planning organization shall be coordinated, to 
                        the maximum extent practicable, with the 
                        relevant State, local transportation planning 
                        agencies, and providers of public 
                        transportation to ensure consistency with 
                        section 150(c)(7) of title 23.''.

SEC. 143. TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Transportation (referred to in 
this section as the ``Secretary''), in coordination with the 
Administrator of the Federal Highway Administration, the Administrator 
of the Federal Transit Administration, the Secretary of Housing and 
Urban Development, and the Secretary of Agriculture shall establish a 
program (referred to in this section as the ``program'') to provide 
technical assistance to local communities adjacent to planned or 
existing transportation infrastructure projects to explore design and 
policy approaches to create connected, economically prosperous, and 
environmentally and physically healthy communities that--
            (1) avoid displacement of the current population; and
            (2) maximize high-quality jobs in the United States that 
        pay family-sustaining wages.
    (b) Purposes.--The purposes of the program are--
            (1) to identify innovative solutions to infrastructure 
        challenges, including reconnecting communities that--
                    (A) are bifurcated by infrastructure such as 
                highways or viaducts;
                    (B) lack safe, reliable, and affordable 
                transportation choices; or
                    (C) have been disconnected due to natural 
                disasters, in particular, communities in areas that are 
                being harmed the most by climate change; and
            (2) to inform the transportation planning and project life 
        cycle by actively encouraging community input and feedback.
    (c) Application.--To be eligible to receive technical assistance 
under the program, a local community described in subsection (a) shall 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require, 
including--
            (1) a description of the ``community team'' that will 
        participate in the program, which shall consist of--
                    (A) elected officials;
                    (B) senior transportation professionals;
                    (C) State workforce development boards or local 
                workforce development boards; and
                    (D) a cross-section of residents of the local 
                community;
            (2) a description of a neighborhood infrastructure 
        challenge, including all modes and users of transportation, in 
        the local community that limits access to social or economic 
        centers or other essential services;
            (3) an explanation of the goals the local community aims to 
        achieve with assistance under the program; and
            (4) letters of support from the applicable State department 
        of transportation and other entities, such as community groups, 
        transit agencies, port authorities, metropolitan planning 
        organizations, and political subdivisions of State and local 
        governments.
    (d) Priority.--In selecting local communities to participate in the 
program, the Secretary shall give priority to a local community that is 
economically disadvantaged.
    (e) Technical Assistance.--The Secretary shall provide to a local 
community that is selected to participate in the program--
            (1) technical assistance to inform, prepare, and enable the 
        local community to better engage in--
                    (A) Federal transportation planning;
                    (B) programming and planning to improve resiliency 
                and environmental sustainability and reduce greenhouse 
                gas emissions;
                    (C) the environmental review process under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (D) life-cycle analysis of a prospective project;
                    (E) Federal assistance programs; and
                    (F) policies that maximize the creation of high-
                quality jobs in the United States; and
            (2) technical expertise through representatives from 
        regional and national design, architecture, engineering, and 
        planning firms and public, private, and nonprofit land use 
        professionals.
    (f) Funding.--The Secretary shall use not less than 10 percent of 
the amounts made available to carry out section 144 for each fiscal 
year to carry out the program.

SEC. 144. CONNECT COMMUNITIES PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary of Transportation (referred 
        to in this section as the ``Secretary''), in coordination with 
        the Administrator of the Federal Highway Administration, the 
        Administrator of the Federal Transit Administration, the 
        Secretary of Housing and Urban Development, the Secretary of 
        Labor, the Administrator of the Environmental Protection 
        Agency, and the Secretary of Agriculture shall carry out a 
        competitive grant program to be known as the ``Connect 
        Communities Program'' (referred to in this section as the 
        ``program'') to provide grants for projects to create 
        connected, economically prosperous, and environmentally and 
        physically healthy communities in--
                    (A) areas that are economically disadvantaged, 
                including areas that have experienced levels of poverty 
                of 20 percent or more, high levels of outmigration, and 
                high levels of deindustrialization;
                    (B) areas that currently lack accessible and 
                affordable transportation options in terms of--
                            (i) lack of access to jobs and services; 
                        and
                            (ii) lack of physical accessibility;
                    (C) neighborhoods bifurcated by large-scale 
                infrastructure projects; or
                    (D) areas that have been negatively impacted by 
                climate change.
            (2) Goals.--The goals of the program are--
                    (A) to reduce the cost of construction, operations, 
                and maintenance of arterial highways;
                    (B) to demonstrate the social, economic, and 
                environmental benefits that result from replacing a 
                grade-separated facility with an at-grade boulevard;
                    (C) to improve neighborhood connectivity, including 
                the re-establishment of through streets eliminated as a 
                result of the construction of the grade-separated 
                facility;
                    (D) to increase the total acreage of land within 
                the project corridor returned to productive use, 
                including commercial, residential, recreational, and 
                habitat restoration uses;
                    (E) to improve the resiliency and reduce the 
                environmental impact of existing infrastructure assets; 
                and
                    (F) to increase the connectivity of disadvantaged 
                communities to economic opportunity.
    (b) Eligibility.--
            (1) Eligible entities.--An entity eligible to receive a 
        grant under the program is--
                    (A) a State (as defined in section 101(a) of title 
                23, United States Code) or any other territory or 
                possession of the United States;
                    (B) an Indian Tribe;
                    (C) a unit of local government;
                    (D) a political subdivision of a State or local 
                government;
                    (E) a transit agency;
                    (F) a metropolitan planning organization;
                    (G) a nonprofit organization, including a community 
                mission-based organization;
                    (H) a community development financial institution 
                (as defined in section 103 of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4702));
                    (I) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    (J) a Federal land management agency that applies 
                jointly with a State or group of States; or
                    (K) a multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (J).
            (2) Eligible projects.--A project eligible to be carried 
        out with funds from a grant provided under the program is--
                    (A) a project for community-based redevelopment, 
                rehabilitation, or replacement of infrastructure, 
                including--
                            (i) the removal of a limited access 
                        highway, a viaduct or overpass, an Interstate 
                        route, an interchange, a bridge, or any other 
                        principal arterial facility that has--
                                    (I) historically had detrimental 
                                effects on minority and low-income 
                                communities; or
                                    (II) created barriers to community 
                                connectivity due to high speeds, grade 
                                separations or other design factors; 
                                and
                            (ii) if necessary to achieve the purposes 
                        of the program, road realignment or new 
                        construction;
                    (B) a project to prevent the displacement of 
                minority or low-income individuals or businesses during 
                and after redevelopment, rehabilitation, or replacement 
                of infrastructure;
                    (C) a project for transit-oriented development in a 
                low-income area or that benefits low-income individuals 
                that includes 1 or more of--
                            (i) transit-supportive, accessible, mixed-
                        use development (including commercial 
                        development, affordable and accessible housing, 
                        and market-rate housing) that is within 2 miles 
                        of and accessible to 1 or more public 
                        transportation facilities that--
                                    (I) achieve compliance with--
                                            (aa) applicable 
                                        requirements of the Americans 
                                        with Disabilities Act of 1990 
                                        (42 U.S.C. 12101 et seq.); and
                                            (bb) the most recent public 
                                        rights-of-way accessibility 
                                        guidelines developed by the 
                                        Architectural and 
                                        Transportation Barriers 
                                        Compliance Board established by 
                                        section 502(a)(1) of the 
                                        Rehabilitation Act of 1973 (29 
                                        U.S.C. 792(a)(1)); and
                                    (II) are connected with high 
                                frequency to job centers;
                            (ii) the facilitation of multimodal 
                        connectivity and accessibility to employment 
                        opportunities and other essential services, 
                        including educational and workforce training 
                        locations, health care facilities, recreational 
                        assets, and supermarkets and grocers; and
                            (iii) an increase in access to transit hubs 
                        for pedestrian and bicycle traffic;
                    (D) a public transportation project eligible for 
                assistance under chapter 53 of title 49, United States 
                Code, that will achieve the purposes of the program, 
                including--
                            (i) an investment in intermodal projects; 
                        and
                            (ii) a new fixed guideway capital project 
                        or a small start project (as those terms are 
                        defined in section 5309(a) of title 49, United 
                        States Code), if a grant under the program will 
                        expedite the completion of the project and the 
                        entry into revenue service of the project;
                    (E) a passenger rail transportation project that 
                achieves the purpose of the program;
                    (F) a project to improve the resiliency of 
                infrastructure against natural disasters;
                    (G) a project to reduce the environmental impact of 
                existing infrastructure assets;
                    (H) a project to bring a community into compliance 
                with the performance measures established under section 
                150(c)(7) of title 23, United States Code; and
                    (I) any other project that the Secretary determines 
                would achieve the purpose of the program.
            (3) Eligible areas.--An eligible project under paragraph 
        (2) shall be carried out in an area or neighborhood described 
        in subparagraphs (A) through (D) of subsection (a)(1).
    (c) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require, including--
                    (A) a project plan developed with assistance under 
                section 143 or independently, as applicable;
                    (B) a description of how the project meets the 
                criteria described in subsection (d);
                    (C) a certification that the eligible entity has 
                solicited public comments on the project plan that 
                includes--
                            (i) a certification that the eligible 
                        entity has held 2 or more public hearings, at 
                        least 1 of which was held outside of standard 
                        business hours in a location that was open and 
                        accessible to the community in which the 
                        proposed project is located;
                            (ii) a description of the process for 
                        receiving public comments, including 
                        involvement of residents and stakeholders in 
                        the community in which the project will occur;
                            (iii) a summary of the comments received; 
                        and
                            (iv) such other information as the 
                        Secretary may require;
                    (D) a description of how the grant would be used 
                and the current status of project planning;
                    (E) a description of how the project will address 
                the purposes of the program, including plans to avoid 
                displacement of current residents in the project area;
                    (F) a description of how the eligible entity will 
                prioritize the well-being and advancement of 
                disadvantaged populations through the project and as an 
                outcome of the project;
                    (G) an assessment of--
                            (i) the accessibility of employment 
                        opportunities and other essential services, 
                        including educational and workforce training 
                        locations, health care facilities, recreational 
                        assets, and supermarkets and grocers, within 
                        the area to public transportation facilities 
                        and nearby affordable housing; and
                            (ii) how the proposed project will relate 
                        to identified needs in those areas;
                    (H) an assessment of transportation options in the 
                area, including--
                            (i) public transportation options;
                            (ii) options for people with low incomes, 
                        people living in high-poverty areas, elderly 
                        people, and people with disabilities; and
                            (iii) any obstacles to providing access to 
                        locations that offer employment opportunities 
                        and other essential services, including 
                        educational and workforce training locations, 
                        health care facilities, recreational assets, 
                        and supermarkets and grocers;
                    (I) an assessment of methods for lowering the 
                combined cost of housing and transportation for 
                families in the region, particularly for families that 
                utilize workforce housing and for low-, very low-, and 
                extremely low-income families;
                    (J) an assessment of how the project will 
                revitalize existing communities, including--
                            (i) the approximate number of jobs the 
                        project will create;
                            (ii) the services the project will deliver 
                        to workers and the community; and
                            (iii) any antidisplacement efforts that 
                        will be included in the project;
                    (K) a plan for evaluating progress in increasing 
                opportunities for and improvements to the quality of 
                life for disadvantaged populations and the broader 
                community in which the project is completed; and
                    (L) information about the status of applicable 
                Federal environmental reviews and approvals for the 
                project, including reviews and approvals under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
            (2) Multiple projects.--An eligible entity may submit an 
        application for multiple projects in 1 application.
            (3) Definition of workforce housing.--For the purpose of 
        paragraph (1)(I), the term ``workforce housing'' means housing, 
        the cost of which does not exceed 30 percent of--
                    (A) the amount equal to 120 percent of the median 
                income in the area, as determined by the Secretary, 
                with appropriate adjustments for the size of the 
                family; or
                    (B) if the Secretary determines that there are 
                unusually high or low incomes in the area, another 
                amount, as determined by the Secretary.
    (d) Selection.--
            (1) In general.--The Secretary shall select projects to 
        receive grants under the program based on--
                    (A) how the project will contribute to a state of 
                good repair for infrastructure assets;
                    (B) how the project would increase economic 
                competitiveness, including the effects of revitalizing 
                communities, neighborhoods, and commercial centers 
                supported by existing infrastructure;
                    (C) how the project will support environmental 
                protection, including resiliency, by increasing demand 
                for nonmotorized transportation and public 
                transportation;
                    (D) how or whether the project will prevent 
                residents in the area from being forcibly or 
                unwillingly displaced;
                    (E) the anticipated effects on quality of life for 
                all residents in the project area;
                    (F) whether the project uses innovative strategies, 
                including innovative technologies, innovative project 
                delivery, or innovative financing;
                    (G) the extent to which the project--
                            (i) is supported by a broad range of 
                        stakeholders;
                            (ii) demonstrates collaboration among 
                        neighboring and regional jurisdictions; and
                            (iii) is coordinated with projects with 
                        similar objectives, such as projects for 
                        economic development, housing, water and waste 
                        infrastructure, power and electric 
                        infrastructure, broadband, and land use plans 
                        and policies;
                    (H) how the project will increase non-Federal 
                revenue for transportation infrastructure investment;
                    (I) demonstrated project readiness, including use 
                of technical assistance under section 143; and
                    (J) the costs and benefits of the project.
            (2) Priority.--The Secretary shall give priority to 
        projects that have been developed under the technical 
        assistance program under section 143.
    (e) Distribution of Grants.--
            (1) In general.--In providing grants under the program, the 
        Secretary shall ensure--
                    (A) an equitable geographic distribution of funds; 
                and
                    (B) an appropriate balance in addressing the needs 
                of urban, suburban, rural, and Tribal communities.
            (2) Limitation.--For each fiscal year, the Secretary shall 
        ensure that the total amount of funds provided through grants 
        under the program for each State is not more than $150,000,000.
    (f) Amount of Grant.--
            (1) In general.--Except as provided in paragraph (2) and 
        subject to subsection (e)(2), a grant provided under the 
        program shall be in an amount that is not less than $5,000,000.
            (2) Rural and tribal areas.--In the case of a project in a 
        rural area (as defined in section 101(a) of title 23, United 
        States Code), or in a Tribal area, a grant provided under the 
        program shall be in an amount that is not less than $1,000,000.
    (g) Use of Funds.--
            (1) In general.--Subject to paragraph (2), an eligible 
        entity that receives a grant under the program may use the 
        grant funds for--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, preliminary 
                engineering and design work, and other preconstruction 
                activities; and
                    (B) construction, reconstruction, rehabilitation, 
                replacement, acquisition of real property (including 
                land relating to the project and improvements to land), 
                environmental mitigation, construction contingencies, 
                and acquisition of equipment.
            (2) Limitation.--Not more than 20 percent of the amount of 
        the grant may be used for the activities described in paragraph 
        (1)(A).
    (h) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of a project carried out with a grant 
        under the program shall not exceed 80 percent.
            (2) Hardship areas.--The Federal share of the cost of a 
        project carried out with a grant under the program may be up to 
        100 percent if the Secretary identifies the area in which the 
        project will be carried out as a hardship area, as determined 
        by the Secretary.
    (i) TIFIA Program.--On the request of an eligible entity, the 
Secretary may use 5 percent of the grant for the purpose of paying the 
subsidy and administrative costs necessary to provide Federal credit 
assistance under chapter 6 of title 23, United States Code, for the 
project.
    (j) Standards.--Notwithstanding any other provision of law, a 
project carried out with a grant under the program shall not be subject 
to the traffic volume requirements under section 109(b) of title 23, 
United States Code.
    (k) Performance Measures.--
            (1) In general.--For each year until the project is 
        completed, each eligible entity that receives a grant under the 
        program shall agree to establish, in coordination with the 
        Secretary, performance measures and reporting requirements in 
        addition to measures and requirements under this section that 
        shall be met at the end of each year in which the eligible 
        entity receives funds under the grant program.
            (2) Violation of grant agreement.--If the Secretary 
        determines that an eligible entity has not met the performance 
        measures established under paragraph (1), is not making 
        reasonable progress toward meeting those measures, or is 
        otherwise in violation of the grant agreement, the Secretary 
        may--
                    (A) withhold additional financial assistance until 
                the performance measures are met; or
                    (B) terminate the grant agreement.
    (l) Community Advisory Board.--
            (1) In general.--For each project carried out with a grant 
        under the program, the eligible entity shall form a community 
        advisory board.
            (2) Composition.--A community advisory board shall be 
        composed of representatives of--
                    (A) the relevant State and units of local 
                government;
                    (B) the relevant State workforce development board 
                or local workforce development board;
                    (C) relevant metropolitan planning organizations;
                    (D) labor organizations;
                    (E) residents or organizational representation of 
                the area in which the project is occurring; and
                    (F) any other relevant representatives important to 
                the implementation of the project, such as a county 
                board of developmental disabilities, as determined by 
                the eligible entity, in coordination with the 
                Secretary.
            (3) Duties.--A community advisory board shall, with respect 
        to the applicable project--
                    (A) ensure community engagement, transparency, and 
                accountability in carrying out each stage of the 
                project; and
                    (B) track, evaluate, and report progress on clear 
                and meaningful indicators related to--
                            (i) targeted hiring commitments;
                            (ii) quality wage, benefits, and training 
                        commitments;
                            (iii) goals for participation by small 
                        businesses and businesses in accordance with 
                        section 123(b) in the project;
                            (iv) progress made on the objectives of the 
                        program as described in subsection (a); and
                            (v) any other relevant areas, as determined 
                        by the eligible entity, in coordination with 
                        the Secretary.
            (4) Stipend.--The eligible entity may provide a stipend to 
        representatives on the community advisory board based on the 
        expressed need of representatives, on approval by the 
        Secretary.
    (m) Reports.--
            (1) In general.--Not less frequently than once each year, 
        each eligible entity that receives a grant under the program, 
        in coordination with the applicable community advisory board 
        under subsection (l), shall submit to the Secretary periodic 
        reports on the use of the grant funds.
            (2) Contents.--A periodic report under paragraph (1) shall 
        include--
                    (A) the amount of Federal funds received, 
                obligated, and expended by the eligible entity under 
                the program;
                    (B) the number of projects that have been put out 
                to bid using the grant funds and the amount of Federal 
                funds associated with each project;
                    (C) the number of projects for which contracts have 
                been awarded for the project carried out under the 
                program and the amount of Federal funds associated with 
                the contracts;
                    (D) the number of projects for which work has begun 
                under the contracts referred to in subparagraph (C) and 
                the amount of Federal funds associated with the 
                contracts;
                    (E) the number of projects for which work has been 
                completed under the contracts referred to in 
                subparagraph (C) and the amount of Federal funds 
                associated with the contracts;
                    (F) the number of direct, on-project jobs created 
                or sustained by the Federal funds provided for projects 
                under the program and, to the extent possible, the 
                estimated indirect jobs created or sustained in the 
                associated supplying industries, including--
                            (i) the number of job-years created and the 
                        total increase in employment in the project 
                        area since the date of enactment of this Act; 
                        and
                            (ii) information on local hiring, hiring of 
                        economically disadvantaged individuals, and 
                        hiring of individuals with a barrier to 
                        employment (including ex-offenders) and 
                        disabled individuals, with respect to the 
                        project;
                    (G) an analysis of the contracts awarded that 
                indicates participation levels of small businesses and 
                disadvantaged businesses;
                    (H) suggestions for improvements in transportation 
                accessibility for disadvantaged populations, based on 
                criteria developed by the Secretary; and
                    (I) any other criteria the Secretary determines to 
                be appropriate.
            (3) Report to congress.--Each fiscal year, the Secretary 
        shall transmit to Congress the reports received by the 
        Secretary under paragraph (1).
            (4) GAO report on infrastructure removals.--Not later than 
        2 years after the date of enactment of this Act, the 
        Comptroller General of the United States shall submit to 
        Congress a report on infrastructure removal, including--
                    (A) an identification of examples of projects to 
                remove infrastructure using assistance from a covered 
                infrastructure program;
                    (B) an evaluation of the effect of infrastructure 
                removal projects on the surrounding area, including 
                impacts to the local economy, congestion effects, 
                safety outcomes, and impacts on the movement of freight 
                and people;
                    (C) an analysis of the costs and benefits of 
                removing underutilized infrastructure assets that are 
                nearing the end of the useful life of the assets 
                compared to replacing or reconstructing the assets; and
                    (D) recommendations for integrating the findings 
                and results under subparagraphs (A) through (C) into 
                infrastructure planning and decisionmaking processes.
    (n) Funding.--There is authorized to be appropriated to carry out 
the program $5,000,000,000 for each of fiscal years 2022 through 2026.

   TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE

SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CAREERS PROGRAM.

    (a) Definitions.--
            (1) WIOA definitions.--In this section--
                    (A) the terms ``career pathway'', ``community-based 
                organization'', ``individual with a barrier to 
                employment'', ``industry or sector partnership'', 
                ``integrated education and training'', ``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 education.--The term 
                ``career and technical education'' has the meaning 
                given the term in section 3 of the Carl D. Perkins 
                Career and Technical 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 organization;
                                    (II) a recognized State labor 
                                organization, central labor council, or 
                                another labor representative, as 
                                appropriate; or
                                    (III) an education or training 
                                provider; or
                            (iv) any combination of entities described 
                        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 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 industry.--The term 
                ``targeted infrastructure industry'' means an 
                infrastructure industry, including transportation 
                (including surface, transit, aviation, or railway 
                transportation), construction, energy, water, 
                information technology, or utilities industries, that 
                the eligible entity identifies 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 
                classroom instruction, delivered in an employment 
                relationship that both the business and worker intend 
                to be permanent.
    (b) Establishment of Building American Infrastructure and Careers 
Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of Energy, the 
        Secretary of Commerce, the Secretary of Education, the 
        Administrator of the Environmental Protection Agency, and the 
        Chief of Engineers of the Army Corps of Engineers, shall 
        establish a program, to be known as the ``Building American 
        Infrastructure and Careers Program'', to provide grants under 
        paragraph (2) to eligible entities for the purposes of--
                    (A) promoting careers and quality employment 
                practices in targeted infrastructure industries among 
                individuals with a barrier to employment (including ex-
                offenders), veterans, or individuals who are 
                traditionally underrepresented in the targeted 
                infrastructure industries;
                    (B) leveraging the existing capacity of workforce 
                development systems through demonstrated partnerships 
                to strategically facilitate and align quality training, 
                including industry or sector partnerships, registered 
                apprenticeship programs, and pre-apprenticeship 
                programs affiliated with registered apprenticeship 
                programs, and hiring that create a pipeline of 
                qualified workers; and
                    (C) advancing efficiency and performance on 
                projects in targeted infrastructure industries.
            (2) Grants.--
                    (A) In general.--The Secretary, in consultation 
                with the Secretary of Transportation, the Secretary of 
                Energy, the Secretary of Commerce, the Secretary of 
                Education, the Administrator of the Environmental 
                Protection Agency, 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, subject to 
                subparagraph (E), carry out a job training 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 
                employment in a targeted infrastructure industry.
                    (B) Types of grants.--A grant awarded under this 
                section may be in the form of--
                            (i) an implementation grant, for entities 
                        seeking an initial grant under this section, in 
                        order for such entity to establish and carry 
                        out a job training program described 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.--Notwithstanding 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-apprenticeship program affiliated with a 
                registered apprenticeship program.
            (3) Award basis.--
                    (A) Geographic diversity.--The Secretary 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 awarding grants under this section, 
                the Secretary shall give priority to eligible entities 
                that--
                            (i) ensure that not less than 50 percent 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-offenders), 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 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 Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require, including the contents 
        described in paragraph (2).
            (2) Contents.--An application submitted under paragraph (1) 
        shall contain, at a minimum--
                    (A) an identification of the targeted 
                infrastructure industry to be served by the job 
                training 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--
                            (i) an analysis of the labor market in the 
                        targeted infrastructure industry;
                            (ii) a description of the barriers to 
                        employment that may affect such individuals; 
                        and
                            (iii) a description of strategies that the 
                        program will employ to help such individuals 
                        overcome such barriers;
                    (C) a description of the credentials that the 
                program will assist such individuals in obtaining, 
                which credentials--
                            (i) shall be nationally portable;
                            (ii) shall be recognized postsecondary 
                        credentials or, if not available for the 
                        industry, 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--
                            (i) activities designed to achieve the 
                        strategic objectives described in paragraph 
                        (2); and
                            (ii) the services described in paragraph 
                        (3) for individuals with a barrier to 
                        employment (including ex-offenders), veterans, 
                        or individuals who are traditionally 
                        underrepresented in the targeted infrastructure 
                        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 affiliated with a registered 
                apprenticeship program.
            (2) Strategic objectives.--The strategic objectives 
        described in this paragraph are the following:
                    (A)(i) Recruiting key stakeholders in the targeted 
                infrastructure industry, which stakeholders may include 
                employers, labor organizations, local workforce 
                development boards, and education and training 
                providers, including providers of career and technical 
                education.
                    (ii) Regularly convening such stakeholders in a 
                collaborative manner that supports the sharing of 
                information, ideas, and challenges, which are common to 
                the targeted infrastructure industry.
                    (B) Identifying the training needs of employers in 
                the targeted infrastructure industry, including--
                            (i) needs for skills critical to 
                        competitiveness and innovation in such 
                        industry;
                            (ii) needs of registered apprenticeship 
                        programs, pre-apprenticeship programs 
                        affiliated with registered apprenticeship 
                        programs, or other work-based learning programs 
                        that may be supported by a grant under this 
                        section; and
                            (iii) needs for the alignment of a job 
                        training program supported under this section 
                        with career pathways.
                    (C) Facilitating actions, through industry or 
                sector partnerships, registered apprenticeship 
                programs, or pre-apprenticeship programs affiliated 
                with registered apprenticeship programs, that lead to 
                economies of scale by aggregating training and 
                education needs of multiple employers 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 education and 
                training programs that may be receiving assistance 
                under this section, align curricula, entrance 
                requirements, and programs to the targeted 
                infrastructure industry needs and the credentials 
                described in subsection (c)(2)(C), particularly for 
                high-skill, high-priority occupations related to the 
                targeted infrastructure industry.
                    (E) Providing information on the activities carried 
                out through the job training program supported under 
                this section to the State agency carrying out the State 
                program under the Wagner-Peyser Act (29 U.S.C. 49 et 
                seq.), including 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 program supported 
                under this section.
                    (F) Assisting employers in the targeted 
                infrastructure industry to attract potential workers 
                from a diverse jobseeker base, including individuals 
                with a barrier to employment (including ex-offenders), 
                veterans, or individuals who are traditionally 
                underrepresented in the targeted infrastructure 
                industry, by identifying any such barriers, reasons for 
                such underrepresentation, or related issues for 
                veterans through analysis of the labor market in the 
                targeted infrastructure industry and implementing 
                strategies to help such individuals overcome such 
                barriers, reduce such underrepresentation, and address 
                such issues.
            (3) Services.--
                    (A) In general.--Each job training program 
                supported by a grant under this section shall provide 
                services to individuals with a barrier to employment, 
                veterans, or individuals who are traditionally 
                underrepresented in the targeted infrastructure 
                industry, which may include--
                            (i) pre-employment services as described in 
                        subparagraph (B); and
                            (ii) employment services as described in 
                        subparagraph (C).
                    (B) Pre-employment services.--The pre-employment 
                services described in this subparagraph 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 
                        individuals;
                            (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 employment services 
                described in this subparagraph are services provided to 
                individuals with a barrier to employment (including ex-
                offenders), veterans, or individuals who are 
                traditionally underrepresented in the targeted 
                infrastructure industry, and that are employed in a 
                work-based learning program in the targeted 
                infrastructure 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 leadership 
                        training, conducted in collaboration with the 
                        employers of such individuals;
                            (iii) additional mentorship and retention 
                        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 targeted infrastructure 
                        industry, and human resource representatives of 
                        the employer.
    (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 Commerce, the Secretary of Education, the 
        Administrator of the Environmental Protection Agency, and the 
        Chief of Engineers of the Army Corps of Engineers, shall 
        prepare and submit a report to Congress that evaluates the 
        effectiveness of the grants awarded under this section in 
        advancing the strategic objectives described in subsection 
        (d)(2), and the purposes described in subsection (b)(1).
            (2) Data.--The report required under paragraph (1) shall 
        provide and analyze each of the following:
                    (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 employment, and income.
                    (B) The percentage of such participants who were in 
                unsubsidized employment prior to enrolling in such 
                program.
                    (C) The median earnings of such participants 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, including 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 credential, or a secondary 
                school diploma or its recognized 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 education or training program 
                that leads to a recognized postsecondary credential or 
                employment and who are achieving measurable skill gains 
                toward such a credential or employment.

SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' 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 underrepresented in 
                infrastructure industries;
                    (C) has clearly and convincingly demonstrated 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 employment.--The term 
        ``individual with a barrier to employment'' has the meaning 
        given such term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (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 information as the Secretary may reasonably 
require.
    (d) Use of Funds.--An award made under this section may be used to 
provide technical assistance to entities receiving a grant under 
section 201 in order for such entities to carry out the activities 
described in subsection (d) of that section. Such technical assistance 
may include assistance with--
            (1) the development and training of staff;
            (2) the provision of outreach, intake, assessments, and 
        service delivery;
            (3) the coordination of services across providers and 
        programs; and
            (4) the development of performance accountability 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 outcomes 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.--
            (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 programs, 
        without regard to the form or type of Federal 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 described in this 
        paragraph is a project, in the case of a covered infrastructure 
        program that capitalizes revolving loan funds, that is assisted 
        in whole or in 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 minimum wage and fringe benefits determined in accordance 
        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, without regard to the form or 
                type of Federal assistance 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 subcontractor; but
                    (C) does not include an individual employed in a 
                bona fide executive, administrative, or professional 
                capacity, as those terms are defined 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 entity under a covered 
        infrastructure program by another entity receiving a covered 
        award.
    (b) Required Pre-Grant, Loan, or Contract Award Actions.--
            (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, 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 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 Agricultural 
                        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'');
                            (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 employment 
                        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 Employment 
                        Act of 1967 (29 U.S.C. 621 et seq.);
                            (xiv) Executive Order 13658 (79 Fed. Reg. 
                        9851; relating to establishing a minimum wage 
                        for contractors);
                            (xv) subsection (h) of this section; or
                            (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 applicant'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.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary 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 entity 
                applying for, or receiving, a covered award or covered 
                subaward until such violation is corrected 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 receiving, 
                covered awards or covered subawards that are in 
                violation of any labor laws listed in subsection (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 Director of the Office of 
        Management and Budget and the heads of the relevant Federal 
        agencies, shall include on the website established under 
        paragraph (1) the ability for all entities that apply for or 
        receive covered awards or covered subawards to fulfill 
        reporting requirements under this section.
            (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 Actions.--
            (1) Information updates.--The head of a relevant Federal 
        agency shall require each entity receiving a covered award or 
        covered subaward to, not later than once every 6 months, update 
        the information provided under paragraph (1) or (2), as 
        applicable, of subsection (b).
            (2) Corrective actions.--
                    (A) Entity awarded assistance.--The head of a 
                relevant Federal agency, in consultation with the Labor 
                Compliance Advisor designated by such head under 
                subsection (f) and in coordination with the heads of 
                the other relevant Federal agencies as applicable, 
                shall determine whether any information provided under 
                paragraph (1) by an entity receiving a covered award 
                warrants corrective action. Such action--
                            (i) may include--
                                    (I) an agreement requiring 
                                appropriate 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 suspend the 
                                entity from future participation in any 
                                of the covered infrastructure 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 
                measures, compliance assistance, and resolving issues 
                to avoid further violations.
            (3) Department of labor investigations.--The Secretary of 
        Labor shall, as appropriate, 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 actions 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 agency.
            (2) Duties.--The Labor Compliance Advisor shall--
                    (A) meet quarterly with the Deputy Secretary, 
                Deputy Administrator, or equivalent official of the 
                agency with regard to matters covered under this 
                section;
                    (B) work with officials of the agency to promote 
                greater awareness and understanding of--
                            (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 remedial 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 
                receiving 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 covered subawards, of the labor laws 
                listed in subsection (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 nature 
                        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 
                        determine the appropriate response to address 
                        violations of the labor laws listed in 
                        subsection (b)(1), or other information 
                        indicating such violations, particularly 
                        serious, repeated, willful, or pervasive 
                        violations, including agreements requiring 
                        appropriate 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 details to be posted 
                        on the website established 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 
                        subsection (b)(1) by entities applying for or 
                        receiving covered awards or covered subawards;
                            (iv) supporting officials of the agency in 
                        the coordination of actions taken pursuant to 
                        this section to ensure agency-wide consistency, 
                        to the extent practicable; and
                            (v) as appropriate, sending information to 
                        agency suspension and debarment officials in 
                        accordance with agency procedures;
                    (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;
                    (G) make recommendations to the head of the 
                relevant Federal agency to strengthen agency management 
                of compliance with such labor laws by entities applying 
                for or receiving covered 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 subsection (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 responsibilities of such 
                Advisors under subsection (f)(2)(E); and
                    (B) by which the head of the relevant Federal 
                agencies and Labor Compliance Advisors may give 
                appropriate consideration to determinations and 
                agreements made by the Secretary 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 Federal 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 
        workforce diversity program in accordance with this subsection 
        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 
        subsection. Such programs, policies, practices, and procedures 
        shall--
                    (A) contain a diagnostic component that includes 
                more than 1 quantitative analysis designed to evaluate 
                the composition of the workforce of the entity and 
                compare such composition 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 toward 
                        achieving a diverse workforce; and
                            (ii) monitoring and examining employment 
                        decisions and compensation systems to evaluate 
                        the impact of those systems on diverse 
                        applicants and employees;
                    (D) be incorporated into the entity's personnel 
                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 review.
            (3) Designation of responsibility.--An entity described in 
        paragraph (1) shall provide for the implementation of the 
        workforce diversity program required under such paragraph by--
                    (A) assigning responsibility and accountability 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 analysis of the 
                employment process of the entity to determine--
                            (i) whether impediments to equal employment 
                        opportunity exist in such process; and
                            (ii) if such impediments exist, the aspects 
                        of such process in which such impediments 
                        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 utilization 
                        or distribution of individuals who are 
                        qualified for such positions and are 
                        individuals with a barrier to employment 
                        (including ex-offenders), racial or ethnic 
                        minorities, women, disabled individuals, or 
                        veterans;
                            (ii) personnel activity to determine 
                        whether there are selection disparities, which 
                        such analysis may include an analysis of the 
                        number of applications and interviews, hires, 
                        terminations, promotions, and other personnel 
                        actions of the entity;
                            (iii) compensation systems to determine 
                        whether there are disparities in compensation;
                            (iv) selection, recruitment, referral, and 
                        other personnel procedures to determine whether 
                        such procedures result in disparities in the 
                        employment or advancement 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 program 
                        required of the entity under paragraph (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 different 
                        procedures than those procedures that may have 
                        previously produced inadequate results; and
                            (ii) demonstrate the entity has made good 
                        faith efforts to remove identified barriers to 
                        workforce diversity, expand employment 
                        opportunities, and produce measurable results 
                        to achieve improved workforce diversity.
            (6) Internal audit and reporting system.--An entity 
        described in paragraph (1) shall develop and implement an 
        auditing system that periodically measures the effectiveness of 
        the workforce diversity program developed and maintained by the 
        entity under such paragraph. Such system shall include 
        requirements for the entity to--
                    (A) monitor records of all personnel activity, 
                including referrals, placements, transfers, promotions, 
                terminations, and compensation, at all levels of 
                employment with the entity to ensure the workforce 
                diversity program is carried out in accordance with the 
                purposes of this subsection;
                    (B) require internal reporting on a scheduled basis 
                as to the degree to which equal employment opportunity 
                and organizational objectives are attained;
                    (C) review the results of reports required under 
                this subsection with all levels of management of the 
                entity; and
                    (D) advise top management of the entity of the 
                effectiveness of the program and submit recommendations 
                to improve unsatisfactory performance with respect to 
                the program.
            (7) Compliance status.--
                    (A) In general.--In determining whether an entity 
                described in paragraph (1) has complied with the 
                requirements for the workforce diversity program under 
                this subsection, the head of the relevant Federal 
                agency, in coordination 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 orientation, 
                        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 technical assistance to an entity 
                described in paragraph (1) to assist such entity in 
                achieving compliance with the requirements under this 
                subsection, which may include an agreement between the 
                head of the relevant Federal agency and the entity 
                requiring appropriate remedial measures.
                    (C) Corrective action.--If an entity described in 
                paragraph (1) remains in noncompliance with the 
                requirements under this subsection following technical 
                assistance under subparagraph (B), the head of the 
                relevant Federal agency, in coordination with the 
                Secretary of Labor and the heads of the other relevant 
                Federal agencies as applicable, may take corrective 
                action against the entity. Such action may include--
                            (i) the decision not to exercise an option 
                        on assistance awarded or to terminate the 
                        assistance awarded; or
                            (ii) in coordination with the heads of the 
                        other relevant Federal agencies, the decision 
                        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 paragraph (3), each 
        head of a relevant Federal agency shall require entities 
        receiving a covered award or a covered subaward to provide each 
        individual described 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 performing 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 
        individual 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 Contract 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 individual of the status of such individual 
                as exempt from such overtime compensation requirements.
                    (B) Substantially similar state laws.--The 
                requirements under this subsection shall be deemed to 
                be satisfied if the entity receiving the covered award 
                or covered subaward complies with State or local 
                requirements that the Secretary of Labor has determined 
                are substantially 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 independent contractor, and not as an employee, of the 
        entity, the entity shall provide the individual a document 
        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 covered 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 following:
                    (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 physical 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, salary, 
                        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 relevant 
                        Federal agency may assess a civil fine, subject 
                        to clause (ii), of $500 against an entity that 
                        knowingly violates paragraph (1) for each 
                        individual to whom the entity failed to notify 
                        in violation of such paragraph.
                            (ii) Inflation.--The head of a relevant 
                        Federal agency shall, for each year beginning 1 
                        year after the date of enactment 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 
        employees 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 covered 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 exercising, the 
                        right to organize and bargain collectively 
                        through representatives of the employees' own 
                        choosing; or
                            (ii) any other activities that are subject 
                        to the requirements under section 203(b) of the 
                        Labor-Management Reporting and Disclosure Act 
                        of 1959 (29 U.S.C. 433(b)).
                    (B) Examples.--Examples of costs prohibited under 
                subparagraph (A) include the costs of--
                            (i) preparing and distributing materials 
                        for a purpose described in subparagraph (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 organization 
                        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 arbitrate the claim of an 
                employee or independent contractor performing work for 
                a project assisted 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 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 covered under 
                subparagraph (A) incorporate the requirement under such 
                subparagraph into each subaward made for a project 
                assisted by the award.
            (2) Exception for employees and independents contractors.--
                    (A) In general.--The requirements under paragraph 
                (1) shall not apply with respect to an employee or 
                independent contractor who--
                            (i) is covered by a collective bargaining 
                        agreement negotiated between the entity 
                        receiving an award or subaward and a labor 
                        organization representing the employee or 
                        independent contractor; or
                            (ii) except as provided in subparagraph 
                        (B), entered into a valid agreement to 
                        arbitrate claims described in such paragraph 
                        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 subparagraph (A)(ii) 
                        with the employee or independent contractor; or
                            (ii) in the event such agreement is 
                        renegotiated or replaced after the entity 
                        receives 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 
Opportunity Act (29 U.S.C. 3102).

SEC. 303. BUY AMERICA BUREAU.

    (a) Definitions.--In this section:
            (1) Buy america law.--The term ``Buy America 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 Pollution 
                Control Act (33 U.S.C. 1388); and
                    (F) section 1452(a)(4) of the Safe Drinking 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 entities that receive 
        assistance under a covered infrastructure program to ensure 
        compliance with Buy America laws;
            (2) establish guidelines for ensuring transparency 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 establishment, 
        strengthening, and oversight of compliance with Buy America 
        laws, taking into consideration and seeking to maximize the 
        direct and indirect domestic 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 paragraph (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
                    (C) any supply chain gaps in the United States that 
                may need to be addressed to improve compliance with Buy 
                America laws without a waiver.
                                 <all>