,i #aafth ,,congress #ast ,session ,h4 ,r4 #daja ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjai,ms4 ,bass 7for herself1 ,mrs4 ,napolitano1 ,ms4 ,moore1 ,ms4 ,meng1 ,ms4 ,fudge1 ,mrs4 ,watson ,coleman1 ,mr4 ,payne1 ,mr4 ,hastings1 ,mr4 ,clyburn1 ,mr4 ,cleaver1 ,mr4 ,butterfield1 ,ms4 ,jackson ,lee1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,lawrence1 ,mrs4 ,beatty1 ,ms4 ,jayapal1 ,mr4 ,espaillat1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,lee of ,california1 ,mrs4 ,torres of ,california1 ,ms4 ,ocasio-,cortez1 ,mr4 ,crdenas1 ,mr4 ,vargas1 and ,mr4 ,grijalva7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,education and ,labor1 ,agriculture1 ,financial ,services1 ,energy and ,commerce1 ,natural ,resources1 ,homeland ,security1 and ,small ,business1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish an expansive infrastructure program to create local jobs and raise the quality of life in every community1 to launch middle class career pathways in infrastructure1 and to invest in high-quality ,american jobs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,build ,local1 ,hire ,local ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,,title ,i--,creating jobs and raising the quality of life in every community ,subtitle ,a--,creating local jobs across the country ,sec4 #aaa4 ,targeted hiring requirements for construction jobs created by covered infrastructure programs4 ,sec4 #aab4 ,compliance with court orders4 ,subtitle ,b--,rebuilding our infrastructure with ,american business ,sec4 #aba4 ,definitions4 ,sec4 #abb4 ,increasing meaningful small business participation4 ,sec4 #abc4 ,requiring meaningful participation from targeted businesses4 ,sec4 #abd4 ,compliance with court orders4 ,sec4 #abe4 ,expansion of ,small ,business ,administration ,surety ,bond ,program4 ,subtitle ,c--,encouraging the use of ,u4,s4 ,employment ,plans and ,best-,value contracting analysis ,sec4 #aca4 ,creating a best-value analysis for ,federal expenditures on infrastructure1 use of ,u4,s4 ,employment ,plans1 and preferences for registered apprenticeship programs and neutrality in union organizing4 ,subtitle ,d--,improving safety1 connectivity1 and access to better opportunities ,sec4 #ada4 ,accessibility data program4 ,sec4 #adb4 ,establishment of performance measures for transportation accessibility4 ,sec4 #adc4 ,technical assistance program4 ,sec4 #add4 ,connect ,communities ,program4 ,,title ,,ii--,launching middle class career pathways in infrastructure ,sec4 #bja4 ,building ,american ,infrastructure and ,careers ,program4 ,sec4 #bjb4 ,infrastructure workforce equity capacity building program4 ,sec4 #bjc4 ,authorization of appropriations4 ,,title ,,iii--,investing in high-quality ,american jobs ,sec4 #cja4 ,wage rate4 ,sec4 #cjb4 ,raise labor standards1 improve working conditions1 and strengthen workers' bargaining power4 ,sec4 #cjc4 ,buy ,america ,bureau4 #b4 ,findings ,congress finds that-- 7#a7 infrastructure plays a vital role in the lives of all people in the ,united ,states2 7#b7 the aging infrastructure of the ,united ,states is in need of a significant investment to repair1 rebuild1 and modernize1 and in the process1 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 ,states2 7#c7 decades of disinvestment and exclusionary policies have isolated many people of color1 low-income people1 and disabled individuals in the ,united ,states from opportunity across the urban centers1 deindustrialized cities1 rural regions1 and ,tribal areas of the ,united ,states1 including horribly inadequate investment to ensure universal access to clean air and water1 safe and reliable transportation1 affordable housing1 quality living wage jobs1 high-speed internet1 modernized schools1 and parks and community facilities2 7#d7 while the construction of the ,national ,highway ,system remains one of the most transformative achievements in the history of the ,united ,states1 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 opportunity2 7#e7 investing in repairing1 rebuilding1 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 equitable1 helping to address structural inequities faced by marginalized communities nationwide1 including a lack of good paying jobs1 affordable1 accessible1 and inclusive housing1 decaying roads1 bridges1 and schools1 inadequate access to technology1 and exposure to toxic emissions and poisoned water2 7#f7 accessibility to quality infrastructure1 training1 and jobs is an issue across the ,united ,states1 spanning from rural and ,tribal areas to urban and suburban areas2 7#g7 transportation infrastructure has a significant impact on access to jobs1 education1 healthcare1 healthy foods1 and other essential services2 7#h7 accessibility to essential services is defined not only by speed1 but also by ease of access1 which includes the ability to safely and conveniently access services by all modes of travel2 7#i7 with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the ,united ,states demands1 the close to #dgh1jjj specialty trade contractors in smaller minority1 women1 and disadvantaged businesses could be supported to meet this demand2 7#aj7 small businesses and under-represented contractors1 including minority-1 women-1 veteran-owned businesses1 and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the ,united ,states along the way2 7#aa7 as of #bjah1 about of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade1 compounding the infrastructure crisis in the ,united ,states2 7#ab7 as of #bjai1 the ,board of ,governors of the ,federal ,reserve ,system finds that skilled trades and many occupations that do not require a #d-year degree are not considered to be at significant risk of automation2 7#ac7 infrastructure jobs include a wide range of employment opportunities in both the public and private sectors1 including design1 manufacturing1 construction1 operation1 governance1 and maintenance of infrastructure assets in the ,united ,states2 7#ad7 more than #a in #aj jobs in the ,united ,states is a transportation- or infrastructure-related job2 7#ae7 many infrastructure jobs provide competitive wages with low barriers to entry1 many of which require on-the-job training in lieu of formal #d-year degree higher education programs2 7#af7 in spite of rising income inequality1 infrastructure jobs paid approximately #cj percent more to low income individuals than other occupations in #bjah2 7#ag7 women1 people of color1 and particularly women of color are underrepresented in construction jobs2 7#ah7 while women across all occupations currently make up about #ej percent of the workforce1 women in construction and extraction occupations has hovered around #c percent for the last #c decades2 7#ai7 while ,black ,americans make up about #ab percent of the overall workforce1 ,black ,americans only represent #g percent of construction and extraction occupations2 7#bj7 by focusing on improving workforce development systems through targeted employment strategies1 the ,federal ,government can improve the quality of future projects and better ensure that all communities benefit from investments that-- 7,a7 protect workers2 7,b7 expand opportunities for advancement2 7,c7 establish strong labor standards2 and 7,d7 redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution of geographic isolation2 and 7#ba7 the ,federal ,government should make concerted efforts to close the workforce gap1 through coordination with ,states and units of local government1 workforce development agencies1 national and regional nonprofit intermediaries1 labor organizations1 and institutions of higher education and other educational institutions1 including historically ,black colleges and universities and ,hispanic-serving institutions1 to recruit1 train1 and retain the next generation of infrastructure workers in the ,united ,states1 with a focus on-- 7,a7 achieving gender1 ethnic1 racial1 and ability diversity2 and 7,b7 recruiting and training individuals from communities with high unemployment rates1 including ,african-,american communities1 ,hispanic communities1 ,indian ,tribes1 the disabled community1 and the ,,lgbtq community4 #c4 ,definitions ,in this ,act3 7#a7 ,covered infrastructure program ,the term covered infrastructure program means any of the following3 7,a7 ,direct and guaranteed loans and grants under section #cjf7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7;a774 7,b7 ,distance learning and telemedicine grants under section #bccc of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa-#b74 7,c7 ,broadband loans and loan guarantees under title ,,iv of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq474 7,d7 ,the community connect grant program established under title ,,iii of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations1 #bjjd 7,public ,law #ajh-aii2 #aah ,stat4 #bi74 7,e7 ,solid waste management grants under section #caj;,b7b7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;b774 7,f7 ,a program or project carried out under the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #caba et seq474 7,g7 ,financial assistance for development1 implementation1 or modification of a ,state energy conservation plan under section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc74 7,h7 ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq474 7,i7 ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7,j7 ,grants for construction of health centers provided by the ,secretary of ,health and ,human ,services4 7,k7 ,grants for construction1 renovation1 or repair of non-,federal research facilities provided by the ,director of the ,national ,institutes of ,health4 7,l7 ,the public transportation security assistance grant program under section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace74 7,m7 ,assistance provided under the ,public ,housing ,capital ,fund established under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d774 7,n7 ,the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7,o7 ,the ,indian housing block grant program under section #aja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa74 7,p7 ,the rural water supply program under section #ajc of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjb74 7,q7 ,financial assistance provided under the ,water ,infrastructure ,finance and ,innovation ,act 7#cc ,u4,s4,c4 #cija et seq474 7,r7 ,assistance provided under title #bc1 ,united ,states ,code4 7,s7 ,assistance provided under chapter #ec of title #di1 ,united ,states ,code4 7,t7 ,programs for civil works projects1 including water resources projects1 under the jurisdiction of the ,corps of ,engineers4 7,u7 ,assistance provided for a freight or passenger rail project under subtitle ,v of title #di1 ,united ,states ,code4 7,v7 ,assistance provided for an airport development project under chapter #dga of title #di1 ,united ,states ,code4 7,w7 ,assistance for an environmental cleanup project under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,x7 ,assistance provided under section #gjjg and #gjjh of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjg1 #ggjh74 7,y7 ,mutual and self-help housing assistance provided under section #ebc of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;c74 7,z7 ,site development loans provided under section #ebd of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;d74 7,,aa7 ,loan guarantees for rural rental housing provided under section #ech of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijp-#b74 7,,bb7 ,assistance provided by the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 7,,cc7 ,grants awarded from the ,capital ,magnet ,fund established under section #acci of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defi74 7,,dd7 ,assistance provided under the ,connect ,america ,fund of the ,federal ,communications ,commission under subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations 7or a successor regulation74 7,,ee7 ,the ,connect ,communities ,program under section #add4 7,,ff7 ,any similar program1 as determined by the ,director of the ,office of ,management and ,budget1 in consultation with the heads of the relevant ,federal agencies4 7#b7 ,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 program4 7#c7 ,local workforce development board ,the term local workforce development board has the meaning given the term local board in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#d7 ,state workforce development board ,the term ,state workforce development board has the meaning given the term ,state board in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,i ,creating jobs and raising the quality of life in every community ,a ,creating local jobs across the country #aaa4 ,targeted hiring requirements for construction jobs created by covered infrastructure programs 7a7 ,definition of local 7#a7 ,in general ,in this section1 the term local1 with respect to hiring for a project1 means hiring within the geographical boundaries of the area in which the project is located1 as determined by the recipient of assistance under a covered infrastructure program1 in coordination with the head of the relevant ,federal agency1 subject to the requirement that the geographical area shall-- 7,a7 include high-poverty1 high-unemployment zip codes2 and 7,b7 be the size of a county1 multi-county1 statewide1 or multi-,state region4 7#b7 ,savings provision ,nothing in paragraph 7#a7 prohibits interstate hiring4 7b7 ,requirement 7#a7 ,in general ,notwithstanding any other provision of law and to the maximum extent practicable1 except to the extent that the head of the relevant ,federal agency determines otherwise1 in the case of any construction project carried out under a covered infrastructure program1 the head of the relevant ,federal agency shall ensure that1 of the workers hired for the project 7including workers hired for related maintenance1 service1 or operations activities for the project71 the applicable percentage described in paragraph 7#b7 are hired through local hiring1 in partnership with a registered apprenticeship program1 if applicable1 or with a ,state workforce development board or local workforce development board1 if applicable4 7#b7 ,applicable percentage ,the applicable percentage referred to in paragraph 7#a7 is-- 7,a7 for fiscal year #bjbj1 #aj percent2 7,b7 for fiscal year #bjba1 #bj percent2 7,c7 for fiscal year #bjbb1 #cj percent2 7,d7 for fiscal year #bjbc1 #dj percent2 and 7,e7 for fiscal year #bjbd and each fiscal year thereafter1 #ej percent4 7c7 ,priority ,in carrying out subsection 7b71 the head of the relevant ,federal agency shall ensure that the entity carrying out the project gives priority to-- 7#a7 individuals with a barrier to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including ex-offenders and disabled individuals 7as defined in section #aba72 7#b7 veterans 7as defined in section #aba72 and 7#c7 individuals that represent populations that are traditionally underrepresented in the infrastructure workforce1 such as women and racial and ethnic minorities4 7d7 ,reports and oversight 7#a7 ,in general ,not less frequently than annually1 the ,secretary of ,labor1 in consultation with the heads of the relevant ,federal agencies1 shall-- 7,a7 submit to ,congress a report on the implementation of this section2 and 7,b7 make the report under subparagraph 7,a71 including any related data1 publicly available on the internet4 7#b7 ,,gao review ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 carry out a review of the implementation of this section to determine compliance with this section2 and 7,b7 submit to ,congress a report on the results of the review under subparagraph 7,a71 including any suggestions or recommendations for legislative1 regulatory1 or other changes to improve the implementation of this section or compliance with this section4 #aab4 ,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 prevented1 in whole or in part1 from complying with section #aaa7;b7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of that section is unconstitutional4 ,b ,rebuilding our infrastructure with ,american business #aba4 ,definitions ,in this subtitle3 7#a7 ,disabled individual ,the term disabled individual means an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 7#b7 ,,lgbtq ,the term ,,lgbtq means1 with respect to an individual1 a lesbian1 gay1 bisexual1 transgender1 or queer individual4 7#c7 ,owned and controlled ,the term owned and controlled1 with respect to a business1 means-- 7,a7 ownership of at least #ea percent of the business1 or in the case of any publicly owned business1 ownership of at least #ea percent of the stock2 and 7,b7 control of the management and daily business operations of the business4 7#d7 ,small business concern 7,a7 ,in general ,the term small business concern means a small business concern 7within the meaning of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a7774 7,b7 ,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 #c fiscal years in excess of #bc1ihj1jjj1 as adjusted annually by the head of the relevant ,federal agency for inflation4 7#e7 ,socially or economically disadvantaged individual ,the term socially or economically disadvantaged individual means any socially and economically disadvantaged individuals within the meaning of section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act4 7#f7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 #abb4 ,increasing meaningful small business participation 7a7 ,in general ,except to the extent that the head of the relevant ,federal agency determines otherwise-- 7#a7 not less than the percentage described in subsection 7b7 for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns2 and 7#b7 not less than the percentage described in subsection 7b7 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 concern4 7b7 ,percentage described ,the percentage referred to in each of paragraphs 7#a7 and 7#b7 of subsection 7a7 is-- 7#a7 for fiscal year #bjbj1 #f percent2 7#b7 for fiscal year #bjba1 #ab percent2 7#c7 for fiscal year #bjbb1 #ai percent2 7#d7 for fiscal year #bjbc1 #bf percent2 and 7#e7 for fiscal year #bjbd and each fiscal year thereafter1 #cc percent4 7c7 ,report ,not less frequently than once each fiscal year1 the ,administrator of the ,small ,business ,administration1 in consultation with the heads of the relevant ,federal agencies1 shall submit to ,congress a report on the implementation of subsection 7a74 #abc4 ,requiring meaningful participation from targeted businesses 7a7 ,in general ,except to the extent that the head of the relevant ,federal agency determines otherwise1 not less than the percentage described in subsection 7b7 for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses owned and controlled by-- 7#a7 socially or economically disadvantaged individuals2 7#b7 women2 7#c7 veterans2 7#d7 ,,lgbtq individuals2 7#e7 disabled individuals2 or 7#f7 ex-offenders4 7b7 ,percentage described ,the percentage referred to in subsection 7a7 is-- 7#a7 for fiscal year #bjbj1 #f percent2 7#b7 for fiscal year #bjba1 #ab percent2 7#c7 for fiscal year #bjbb1 #ah percent2 7#d7 for fiscal year #bjbc1 #bd percent2 and 7#e7 for fiscal year #bjbd and each fiscal year thereafter1 #cj percent4 7c7 ,report ,not less frequently than once each fiscal year1 the ,secretary of ,commerce1 in consultation with the ,administrator of the ,small ,business ,administration and the heads of the relevant ,federal agencies1 shall submit to ,congress a report on the implementation of subsection 7a74 #abd4 ,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 prevented1 in whole or in part1 from complying with section #abb7;a7 or #abc7;a71 as applicable1 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of section #abb7;a7 or #abc7;a71 as applicable1 is unconstitutional4 #abe4 ,expansion of ,small ,business ,administration surety bond program ,section #daa7;a77#a77;,a7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;b7a77#a77;,a77 is amended by striking #f1ejj1jjj and inserting #aj1jjj1jjj4 ,c ,encouraging the use of ,u4,s4 ,employment ,plans and ,best-,value contracting analysis #aca4 ,creating a best-value analysis for ,federal expenditures on infrastructure1 use of ,u4,s4 ,employment ,plans1 and preferences for registered apprenticeship programs and neutrality in union organizing 7a7 ,definitions ,in this section3 7#a7 ,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 7as defined in section #bja7;a77#b774 7#b7 ,u4,s4 ,employment ,plan ,the term ,u4,s4 ,employment ,plan means a plan under which an entity receiving ,federal assistance for a project under a covered infrastructure program shall-- 7,a7 include in a request for proposal an encouragement for bidders to include1 with respect to the project-- 7i7 high-quality wage1 benefit1 and training commitments by the bidder and the supply chain of the bidder for the project2 and 7ii7 a commitment to recruit and hire individuals described in section #aaa7;c7 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 project2 7,b7 give preference for the award of the contract to a bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7,c7 ensure that each bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a7 that is awarded a contract complies with those commitments4 7b7 ,best-,value framework ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program is encouraged-- 7#a7 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 bid1 such as-- 7,a7 equity2 7,b7 environmental and climate justice2 7,c7 impact on greenhouse gas emissions2 7,d7 resilience2 7,e7 the results of a #dj-year life-cycle analysis2 7,f7 safety2 7,g7 commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs 7as defined in section #bja7;a77#b77 for disadvantaged or underrepresented individuals in infrastructure industries in the ,united ,states2 and 7,h7 access to jobs and essential services by all modes of travel for all users1 including disabled individuals 7as defined in section #aba72 7#b7 in evaluating bids1 to give at least equal weight to the criteria described in paragraph 7#a7 as to past performance2 and 7#c7 to ensure community engagement1 transparency1 and accountability in carrying out each stage of the project4 7c7 ,preference for registered apprenticeship programs ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program1 with respect to the project for which the assistance is received1 shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs 7as defined in section #bja7;a77#b774 7d7 ,preference for neutrality in union organizing ,notwithstanding any other provision of law1 the head of each relevant ,federal agency1 in consultation with the ,secretary of ,labor1 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 bargaining4 7e7 ,use of ,u4,s4 ,employment ,plan ,notwithstanding any other provision of law1 in carrying out a project under a covered infrastructure program1 each entity that receives ,federal assistance shall use a ,u4,s4 ,employment ,plan for each contract of #e1jjj1jjj or more for the purchase of manufactured goods or of services1 based on an independent cost estimate4 7f7 ,report ,not less frequently than once each fiscal year1 the heads of the relevant ,federal agencies shall jointly submit to ,congress a report describing the implementation of this section4 7g7 ,intent of ,congress 7#a7 ,in general ,it is the intent of ,congress-- 7,a7 to encourage recipients of ,federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection 7b77#a7 for the purchase of goods and services2 7,b7 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 7c7 and 7d7 when evaluating bids for projects using that assistance2 7,c7 to require that recipients of ,federal assistance under covered infrastructure programs use the ,u4,s4 ,employment ,plan in carrying out the project for which the assistance was provided2 and 7,d7 that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption1 favoritism1 and unfair treatment by recipient agencies4 7#b7 ,inclusion ,a best-value contracting framework described in subsection 7b77#a7 is a framework that authorizes a recipient of ,federal assistance under a covered infrastructure program1 in awarding contracts1 to evaluate a range of factors1 including price1 the quality of products1 the quality of services1 and commitments to the creation of good jobs for all people in the ,united ,states4 ,d ,improving safety1 connectivity1 and access to better opportunities #ada4 ,accessibility data program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall carry out an accessibility data program 7referred to in this section as the program74 7b7 ,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-- 7#a7 measuring the level of access by multiple transportation modes to important destinations1 which may include-- 7,a7 jobs1 including areas with a concentration of available jobs2 7,b7 health care facilities2 7,c7 child care services2 7,d7 educational and workforce training facilities2 7,e7 affordable and accessible housing2 7,f7 food sources2 and 7,g7 connections between modes1 including connections to-- 7i7 high-quality transit or rail service2 7ii7 safe bicycling corridors2 and 7iii7 safe sidewalks that achieve compliance with applicable requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7#b7 disaggregating the level of access by multiple transportation modes by a variety of population categories1 which may include-- 7,a7 low-income populations2 7,b7 minority populations2 7,c7 age2 7,d7 disability2 and 7,e7 geographical location2 and 7#c7 assessing the change in accessibility that would result from new transportation investments4 7c7 ,eligible entities ,an entity eligible to participate in the program is-- 7#a7 a ,state 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7#b7 a metropolitan planning organization2 or 7#c7 a rural planning organization4 7d7 ,application ,to be eligible to participate in the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including information relating to-- 7#a7 previous experience of the eligible entity measuring transportation access or other performance management experience2 7#b7 the types of important destinations to which the eligible entity intends to measure access2 7#c7 the types of data disaggregation the eligible entity intends to pursue2 and 7#d7 a general description of the methodology the eligible entity intends to apply4 7e7 ,selection ,the ,secretary shall seek to achieve diversity of participants in the program1 including-- 7#a7 by selecting a range of eligible entities that shall include not less than-- 7,a7 #e ,states2 7,b7 #aj metropolitan planning organizations1 of which-- 7i7 #e shall each serve an area with a population of not more than #bjj1jjj people2 and 7ii7 #e shall each serve an area with a population of #bjj1jjj or more people2 and 7,c7 #e rural planning organizations2 and 7#b7 among the eligible entities selected under paragraph 7#a7-- 7,a7 a range of capacity and previous experience with measuring transportation access2 and 7,b7 a variety of proposed methodologies and focus areas for measuring level access4 7f7 ,duties ,for each eligible entity participating in the program1 the ,secretary shall-- 7#a7 develop or acquire an accessibility data set described in subsection 7b72 and 7#b7 submit the data set to the eligible entity4 7g7 ,methodology ,in calculating the measures for the data set under the program1 the ,secretary shall ensure that methodology is open source4 7h7 ,availability ,the ,secretary shall make an accessibility data set under the program available to-- 7#a7 units of local government within the jurisdiction of the eligible entity participating in the program2 and 7#b7 researchers4 7i7 ,report ,not later than #abj days after the last date on which the ,secretary submits data sets to the eligible entity under subsection 7f71 the ,secretary shall submit to ,congress a report on the results of the program1 including the feasibility of developing and providing periodic accessibility data sets for all ,states1 regions1 and localities4 7j7 ,public availability of data ,the ,secretary may make publicly available on the internet the data sets and the report under subsection 7i74 7k7 ,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 ,secretary4 #adb4 ,establishment of performance measures for transportation accessibility 7a7 ,connectivity and accessibility performance measures ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting and in the case of paragraph 7#g71 not later than #c years after the date of enactment of the ,build ,local1 ,hire ,local ,act1 after ,,map-#ba12 and 7,b7 by adding at the end the following3 7#g7 ,multimodal transportation connectivity and accessibility 7,a7 ,definition of disadvantaged population ,in this paragraph1 the term disadvantaged population means a low-income population1 a minority population1 or people with disabilities1 as determined by the ,secretary4 7,b7 ,regulations ,the ,secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for ,states1 metropolitan planning organizations1 and units of local government to improve the connectivity and accessibility of roadways1 public transportation infrastructure1 pedestrian and bikeway infrastructure1 and other transportation infrastructure4 7,c7 ,inclusions ,the performance measures established pursuant to subparagraph 7,b7 shall include measures to assess-- 7i7 with respect to the general population serviced by a transportation system-- 7,i7 the change in cumulative access to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 7,,ii7 multimodal choice and enhanced interconnections among modes-- 7aa7 to offer variety of choice between and among modes2 7bb7 to provide accessible and reliable transportation for all users2 and 7cc7 to encourage travel demand management among local and statewide employers2 and 7,,iii7 any other issues the ,secretary determines to be appropriate2 and 7ii7 with respect to disadvantaged populations serviced by a transportation system-- 7,i7 transportation accessibility for disadvantaged populations2 7,,ii7 change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 and 7,,iii7 any other issues the ,secretary determines to be appropriate4 2 7#b7 in subsection 7d77#a71 by striking and 7#f7 and inserting 7#f71 and 7#g72 and 7#c7 by adding at the end the following3 7f7 ,report on multimodal transportation connectivity and accessibility ,not less frequently than annually-- 7#a7 each ,state1 metropolitan planning organization1 and unit of local government shall submit to the ,secretary the progress of that entity toward achieving the performance measures under subsection 7c77#g72 and 7#b7 the ,secretary shall-- 7,a7 submit to ,congress a report that includes the results of the reporting under paragraph 7#a72 and 7,b7 make publicly available on the internet the report under subparagraph 7,a7 and any accompanying data4 4 7b7 ,highway metropolitan planning coordination ,section #acd7;h77#b77;,b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,multimodal transportation accessibility performance targets ,selection of performance targets by a metropolitan planning organization shall be coordinated1 to the maximum extent practicable1 with the relevant ,state1 local transportation planning agencies1 and providers of public transportation to ensure consistency with section #aej7;c77#g74 4 7c7 ,public transportation metropolitan planning coordination ,section #ecjc7;h77#b77;,b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,multimodal transportation accessibility performance targets ,selection of performance targets by a metropolitan planning organization shall be coordinated1 to the maximum extent practicable1 with the relevant ,state1 local transportation planning agencies1 and providers of public transportation to ensure consistency with section #aej7;c77#g7 of title #bc4 4 #adc4 ,technical assistance program 7a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary71 in coordination with the ,administrator of the ,federal ,highway ,administration1 the ,administrator of the ,federal ,transit ,administration1 the ,secretary of ,housing and ,urban ,development1 and the ,secretary of ,agriculture shall establish a program 7referred to in this section as the program7 to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected1 economically prosperous1 and environmentally and physically healthy communities that-- 7#a7 avoid displacement of the current population2 and 7#b7 maximize high-quality jobs in the ,united ,states that pay family-sustaining wages4 7b7 ,purposes ,the purposes of the program are-- 7#a7 to identify innovative solutions to infrastructure challenges1 including reconnecting communities that-- 7,a7 are bifurcated by infrastructure such as highways or viaducts2 7,b7 lack safe1 reliable1 and affordable transportation choices2 or 7,c7 have been disconnected due to natural disasters1 in particular1 communities in areas that are being harmed the most by climate change2 and 7#b7 to inform the transportation planning and project life cycle by actively encouraging community input and feedback4 7c7 ,application ,to be eligible to receive technical assistance under the program1 a local community described in subsection 7a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a description of the community team that will participate in the program1 which shall consist of-- 7,a7 elected officials2 7,b7 senior transportation professionals2 7,c7 ,state workforce development boards or local workforce development boards2 and 7,d7 a cross-section of residents of the local community2 7#b7 a description of a neighborhood infrastructure challenge1 including all modes and users of transportation1 in the local community that limits access to social or economic centers or other essential services2 7#c7 an explanation of the goals the local community aims to achieve with assistance under the program2 and 7#d7 letters of support from the applicable ,state department of transportation and other entities1 such as community groups1 transit agencies1 port authorities1 metropolitan planning organizations1 and political subdivisions of ,state and local governments4 7d7 ,priority ,in selecting local communities to participate in the program1 the ,secretary shall give priority to a local community that is economically disadvantaged4 7e7 ,technical assistance ,the ,secretary shall provide to a local community that is selected to participate in the program-- 7#a7 technical assistance to inform1 prepare1 and enable the local community to better engage in-- 7,a7 ,federal transportation planning2 7,b7 programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions2 7,c7 the environmental review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 life-cycle analysis of a prospective project2 7,e7 ,federal assistance programs2 and 7,f7 policies that maximize the creation of high-quality jobs in the ,united ,states2 and 7#b7 technical expertise through representatives from regional and national design1 architecture1 engineering1 and planning firms and public1 private1 and nonprofit land use professionals4 7f7 ,funding ,the ,secretary shall use not less than #aj percent of the amounts made available to carry out section #add for each fiscal year to carry out the program4 #add4 ,connect ,communities ,program 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary71 in coordination with the ,administrator of the ,federal ,highway ,administration1 the ,administrator of the ,federal ,transit ,administration1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,labor1 the ,administrator of the ,environmental ,protection ,agency1 and the ,secretary of ,agriculture shall carry out a competitive grant program to be known as the ,connect ,communities ,program 7referred to in this section as the program7 to provide grants for projects to create connected1 economically prosperous1 and environmentally and physically healthy communities in-- 7,a7 areas that are economically disadvantaged1 including areas that have experienced levels of poverty of #bj percent or more1 high levels of outmigration1 and high levels of deindustrialization2 7,b7 areas that currently lack accessible and affordable transportation options in terms of-- 7i7 lack of access to jobs and services2 and 7ii7 lack of physical accessibility2 7,c7 neighborhoods bifurcated by large-scale infrastructure projects2 or 7,d7 areas that have been negatively impacted by climate change4 7#b7 ,goals ,the goals of the program are-- 7,a7 to reduce the cost of construction1 operations1 and maintenance of arterial highways2 7,b7 to demonstrate the social1 economic1 and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard2 7,c7 to improve neighborhood connectivity1 including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility2 7,d7 to increase the total acreage of land within the project corridor returned to productive use1 including commercial1 residential1 recreational1 and habitat restoration uses2 7,e7 to improve the resiliency and reduce the environmental impact of existing infrastructure assets2 and 7,f7 to increase the connectivity of disadvantaged communities to economic opportunity4 7b7 ,eligibility 7#a7 ,eligible entities ,an entity eligible to receive a grant under the program is-- 7,a7 a ,state 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code7 or any other territory or possession of the ,united ,states2 7,b7 an ,indian ,tribe2 7,c7 a unit of local government2 7,d7 a political subdivision of a ,state or local government2 7,e7 a transit agency2 7,f7 a metropolitan planning organization2 7,g7 a nonprofit organization1 including a community mission-based organization2 7,h7 a community development financial institution 7as defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb772 7,i7 a special purpose district or public authority with a transportation function1 including a port authority2 7,j7 a ,federal land management agency that applies jointly with a ,state or group of ,states2 or 7,k7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,j74 7#b7 ,eligible projects ,a project eligible to be carried out with funds from a grant provided under the program is-- 7,a7 a project for community-based redevelopment1 rehabilitation1 or replacement of infrastructure1 including-- 7i7 the removal of a limited access highway1 a viaduct or overpass1 an ,interstate route1 an interchange1 a bridge1 or any other principal arterial facility that has-- 7,i7 historically had detrimental effects on minority and low-income communities2 or 7,,ii7 created barriers to community connectivity due to high speeds1 grade separations or other design factors2 and 7ii7 if necessary to achieve the purposes of the program1 road realignment or new construction2 7,b7 a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment1 rehabilitation1 or replacement of infrastructure2 7,c7 a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes #a or more of-- 7i7 transit-supportive1 accessible1 mixed-use development 7including commercial development1 affordable and accessible housing1 and market-rate housing7 that is within #b miles of and accessible to #a or more public transportation facilities that-- 7,i7 achieve compliance with-- 7aa7 applicable requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7bb7 the most recent public rights-of-way accessibility guidelines developed by the ,architectural and ,transportation ,barriers ,compliance ,board established by section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib7;a77#a772 and 7,,ii7 are connected with high frequency to job centers2 7ii7 the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 and 7iii7 an increase in access to transit hubs for pedestrian and bicycle traffic2 7,d7 a public transportation project eligible for assistance under chapter #ec of title #di1 ,united ,states ,code1 that will achieve the purposes of the program1 including-- 7i7 an investment in intermodal projects2 and 7ii7 a new fixed guideway capital project or a small start project 7as those terms are defined in section #ecji7;a7 of title #di1 ,united ,states ,code71 if a grant under the program will expedite the completion of the project and the entry into revenue service of the project2 7,e7 a passenger rail transportation project that achieves the purpose of the program2 7,f7 a project to improve the resiliency of infrastructure against natural disasters2 7,g7 a project to reduce the environmental impact of existing infrastructure assets2 7,h7 a project to bring a community into compliance with the performance measures established under section #aej7;c77#g7 of title #bc1 ,united ,states ,code2 and 7,i7 any other project that the ,secretary determines would achieve the purpose of the program4 7#c7 ,eligible areas ,an eligible project under paragraph 7#b7 shall be carried out in an area or neighborhood described in subparagraphs 7,a7 through 7,d7 of subsection 7a77#a74 7c7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a project plan developed with assistance under section #adc or independently1 as applicable2 7,b7 a description of how the project meets the criteria described in subsection 7d72 7,c7 a certification that the eligible entity has solicited public comments on the project plan that includes-- 7i7 a certification that the eligible entity has held #b or more public hearings1 at least #a 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 located2 7ii7 a description of the process for receiving public comments1 including involvement of residents and stakeholders in the community in which the project will occur2 7iii7 a summary of the comments received2 and 7iv7 such other information as the ,secretary may require2 7,d7 a description of how the grant would be used and the current status of project planning2 7,e7 a description of how the project will address the purposes of the program1 including plans to avoid displacement of current residents in the project area2 7,f7 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 project2 7,g7 an assessment of-- 7i7 the accessibility of employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers1 within the area to public transportation facilities and nearby affordable housing2 and 7ii7 how the proposed project will relate to identified needs in those areas2 7,h7 an assessment of transportation options in the area1 including-- 7i7 public transportation options2 7ii7 options for people with low incomes1 people living in high-poverty areas1 elderly people1 and people with disabilities2 and 7iii7 any obstacles to providing access to locations that offer employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 7,i7 an assessment of methods for lowering the combined cost of housing and transportation for families in the region1 particularly for families that utilize workforce housing and for low-1 very low-1 and extremely low-income families2 7,j7 an assessment of how the project will revitalize existing communities1 including-- 7i7 the approximate number of jobs the project will create2 7ii7 the services the project will deliver to workers and the community2 and 7iii7 any antidisplacement efforts that will be included in the project2 7,k7 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 completed2 and 7,l7 information about the status of applicable ,federal environmental reviews and approvals for the project1 including reviews and approvals under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,multiple projects ,an eligible entity may submit an application for multiple projects in #a application4 7#c7 ,definition of workforce housing ,for the purpose of paragraph 7#a77;,i71 the term workforce housing means housing1 the cost of which does not exceed #cj percent of-- 7,a7 the amount equal to #abj percent of the median income in the area1 as determined by the ,secretary1 with appropriate adjustments for the size of the family2 or 7,b7 if the ,secretary determines that there are unusually high or low incomes in the area1 another amount1 as determined by the ,secretary4 7d7 ,selection 7#a7 ,in general ,the ,secretary shall select projects to receive grants under the program based on-- 7,a7 how the project will contribute to a state of good repair for infrastructure assets2 7,b7 how the project would increase economic competitiveness1 including the effects of revitalizing communities1 neighborhoods1 and commercial centers supported by existing infrastructure2 7,c7 how the project will support environmental protection1 including resiliency1 by increasing demand for nonmotorized transportation and public transportation2 7,d7 how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced2 7,e7 the anticipated effects on quality of life for all residents in the project area2 7,f7 whether the project uses innovative strategies1 including innovative technologies1 innovative project delivery1 or innovative financing2 7,g7 the extent to which the project-- 7i7 is supported by a broad range of stakeholders2 7ii7 demonstrates collaboration among neighboring and regional jurisdictions2 and 7iii7 is coordinated with projects with similar objectives1 such as projects for economic development1 housing1 water and waste infrastructure1 power and electric infrastructure1 broadband1 and land use plans and policies2 7,h7 how the project will increase non-,federal revenue for transportation infrastructure investment2 7,i7 demonstrated project readiness1 including use of technical assistance under section #adc2 and 7,j7 the costs and benefits of the project4 7#b7 ,priority ,the ,secretary shall give priority to projects that have been developed under the technical assistance program under section #adc4 7e7 ,distribution of grants 7#a7 ,in general ,in providing grants under the program1 the ,secretary shall ensure-- 7,a7 an equitable geographic distribution of funds2 and 7,b7 an appropriate balance in addressing the needs of urban1 suburban1 rural1 and ,tribal communities4 7#b7 ,limitation ,for each fiscal year1 the ,secretary shall ensure that the total amount of funds provided through grants under the program for each ,state is not more than #aej1jjj1jjj4 7f7 ,amount of grant 7#a7 ,in general ,except as provided in paragraph 7#b7 and subject to subsection 7e77#b71 a grant provided under the program shall be in an amount that is not less than #e1jjj1jjj4 7#b7 ,rural and ,tribal areas ,in the case of a project in a rural area 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code71 or in a ,tribal area1 a grant provided under the program shall be in an amount that is not less than #a1jjj1jjj4 7g7 ,use of funds 7#a7 ,in general ,subject to paragraph 7#b71 an eligible entity that receives a grant under the program may use the grant funds for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 and 7,b7 construction1 reconstruction1 rehabilitation1 replacement1 acquisition of real property 7including land relating to the project and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition of equipment4 7#b7 ,limitation ,not more than #bj percent of the amount of the grant may be used for the activities described in paragraph 7#a77;,a74 7h7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of a project carried out with a grant under the program shall not exceed #hj percent4 7#b7 ,hardship areas ,the ,federal share of the cost of a project carried out with a grant under the program may be up to #ajj percent if the ,secretary identifies the area in which the project will be carried out as a hardship area1 as determined by the ,secretary4 7i7 ,,tifia program ,on the request of an eligible entity1 the ,secretary may use #e percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide ,federal credit assistance under chapter #f of title #bc1 ,united ,states ,code1 for the project4 7j7 ,standards ,notwithstanding any other provision of law1 a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section #aji7;b7 of title #bc1 ,united ,states ,code4 7k7 ,performance measures 7#a7 ,in general ,for each year until the project is completed1 each eligible entity that receives a grant under the program shall agree to establish1 in coordination with the ,secretary1 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 program4 7#b7 ,violation of grant agreement ,if the ,secretary determines that an eligible entity has not met the performance measures established under paragraph 7#a71 is not making reasonable progress toward meeting those measures1 or is otherwise in violation of the grant agreement1 the ,secretary may-- 7,a7 withhold additional financial assistance until the performance measures are met2 or 7,b7 terminate the grant agreement4 7l7 ,community ,advisory ,board 7#a7 ,in general ,for each project carried out with a grant under the program1 the eligible entity shall form a community advisory board4 7#b7 ,composition ,a community advisory board shall be composed of representatives of-- 7,a7 the relevant ,state and units of local government2 7,b7 the relevant ,state workforce development board or local workforce development board2 7,c7 relevant metropolitan planning organizations2 7,d7 labor organizations2 7,e7 residents or organizational representation of the area in which the project is occurring2 and 7,f7 any other relevant representatives important to the implementation of the project1 such as a county board of developmental disabilities1 as determined by the eligible entity1 in coordination with the ,secretary4 7#c7 ,duties ,a community advisory board shall1 with respect to the applicable project-- 7,a7 ensure community engagement1 transparency1 and accountability in carrying out each stage of the project2 and 7,b7 track1 evaluate1 and report progress on clear and meaningful indicators related to-- 7i7 targeted hiring commitments2 7ii7 quality wage1 benefits1 and training commitments2 7iii7 goals for participation by small businesses and businesses in accordance with section #abc7;a7 in the project2 7iv7 progress made on the objectives of the program as described in subsection 7a72 and 7v7 any other relevant areas1 as determined by the eligible entity1 in coordination with the ,secretary4 7#d7 ,stipend ,the eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives1 on approval by the ,secretary4 7m7 ,reports 7#a7 ,in general ,not less frequently than once each year1 each eligible entity that receives a grant under the program1 in coordination with the applicable community advisory board under subsection 7l71 shall submit to the ,secretary periodic reports on the use of the grant funds4 7#b7 ,contents ,a periodic report under paragraph 7#a7 shall include-- 7,a7 the amount of ,federal funds received1 obligated1 and expended by the eligible entity under the program2 7,b7 the number of projects that have been put out to bid using the grant funds and the amount of ,federal funds associated with each project2 7,c7 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 contracts2 7,d7 the number of projects for which work has begun under the contracts referred to in subparagraph 7,c7 and the amount of ,federal funds associated with the contracts2 7,e7 the number of projects for which work has been completed under the contracts referred to in subparagraph 7,c7 and the amount of ,federal funds associated with the contracts2 7,f7 the number of direct1 on-project jobs created or sustained by the ,federal funds provided for projects under the program and1 to the extent possible1 the estimated indirect jobs created or sustained in the associated supplying industries1 including-- 7i7 the number of job-years created and the total increase in employment in the project area since the date of enactment of this ,act2 and 7ii7 information on local hiring1 hiring of economically disadvantaged individuals1 and hiring of individuals with a barrier to employment 7including ex-offenders7 and disabled individuals 7as defined in section #aba71 with respect to the project2 7,g7 an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses2 7,h7 suggestions for improvements in transportation accessibility for disadvantaged populations1 based on criteria developed by the ,secretary2 and 7,i7 any other criteria the ,secretary determines to be appropriate4 7#c7 ,report to ,congress ,each fiscal year1 the ,secretary shall transmit to ,congress the reports received by the ,secretary under paragraph 7#a74 7#d7 ,,gao report on infrastructure removals ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on infrastructure removal1 including-- 7,a7 an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program2 7,b7 an evaluation of the effect of infrastructure removal projects on the surrounding area1 including impacts to the local economy1 congestion effects1 safety outcomes1 and impacts on the movement of freight and people2 7,c7 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 assets2 and 7,d7 recommendations for integrating the findings and results under subparagraphs 7,a7 through 7,c7 into infrastructure planning and decisionmaking processes4 7n7 ,funding ,there is authorized to be appropriated to carry out the program #e1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,,ii ,launching middle class career pathways in infrastructure #bja4 ,building ,american ,infrastructure and ,careers ,program 7a7 ,definitions ,in this section3 7#a7 ,,wioa definitions ,the terms career pathway1 community-based organization1 individual with a barrier to employment1 industry or sector partnership1 integrated education and training1 postsecondary educational institution1 recognized postsecondary credential1 and workforce development system have the meanings given those terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,other definitions 7,a7 ,career and technical education ,the term career and technical education has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7,b7 ,eligible entity ,the term eligible entity means-- 7i7 a local workforce development board2 7ii7 a ,state workforce development board2 7iii7 an industry or sector partnership1 which may be led by any member of such partnership1 including-- 7,i7 a community-based organization2 7,,ii7 a recognized ,state labor organization1 central labor council1 or another labor representative1 as appropriate2 or 7,,iii7 an education or training provider2 or 7iv7 any combination of entities described in any of clauses 7i7 through 7iii74 7,c7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered with the ,department of ,labor or a federally recognized ,state ,apprenticeship ,agency and that complies with the requirements under parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjai4 7,d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7,e7 ,supportive services ,the term supportive services means services such as transportation1 child care1 dependent care1 housing1 and needs-related payments1 that are necessary to enable an individual to participate in activities authorized under this ,act or under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq474 7,f7 ,targeted infrastructure industry ,the term targeted infrastructure industry means an infrastructure industry1 including transportation 7including surface1 transit1 aviation1 or railway transportation71 construction1 energy1 water1 information technology1 or utilities industries1 that the eligible entity identifies in accordance with subsection 7c77#b77;,a74 7,g7 ,veteran ,the term veteran has the meaning given such term in section #aba4 7,h7 ,work-based learning program ,the term work-based learning program means a program that provides workers with paid work experience and corresponding classroom instruction1 delivered in an employment relationship that both the business and worker intend to be permanent4 7b7 ,establishment of ,building ,american ,infrastructure and ,careers program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 shall establish a program1 to be known as the ,building ,american ,infrastructure and ,careers ,program1 to provide grants under paragraph 7#b7 to eligible entities for the purposes of-- 7,a7 promoting careers and quality employment practices in targeted infrastructure industries among individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industries2 7,b7 leveraging the existing capacity of workforce development systems through demonstrated partnerships to strategically facilitate and align quality training1 including industry or sector partnerships1 registered apprenticeship programs1 and pre-apprenticeship programs affiliated with registered apprenticeship programs1 and hiring that create a pipeline of qualified workers2 and 7,c7 advancing efficiency and performance on projects in targeted infrastructure industries4 7#b7 ,grants 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 shall award grants on a competitive basis to eligible entities that submit an application meeting the requirements under subsection 7c7 for such eligible entities to1 subject to subparagraph 7,e71 carry out a job training program including the activities described in subsection 7d7 for assisting individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 in obtaining and maintaining employment in a targeted infrastructure industry4 7,b7 ,types of grants ,a grant awarded under this section may be in the form of-- 7i7 an implementation grant1 for entities seeking an initial grant under this section1 in order for such entity to establish and carry out a job training program described in subparagraph 7,a72 or 7ii7 a renewal grant for entities that have already received an implementation grant under this section for such a job training program1 in order for such entity to continue carrying out such job training program4 7,c7 ,duration ,each grant awarded under this section shall be for a period not to exceed #c years4 7,d7 ,amount ,the amount of a grant awarded under this section may not exceed-- 7i7 for an implementation grant1 #b1ejj1jjj2 and 7ii7 for a renewal grant1 #a1ejj1jjj4 7,e7 ,construction industry ,notwithstanding any other provision in this section1 if the targeted infrastructure industry for a grant awarded under this section is the construction industry1 the grant shall only be available for the establishment or operation of a pre-apprenticeship program affiliated with a registered apprenticeship program4 7#c7 ,award basis 7,a7 ,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 grants1 including a balance between rural and tribal areas and urban areas4 7,b7 ,priority for targeted hiring or ,u4,s4 employment plan projects ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that-- 7i7 ensure that not less than #ej percent of the workers hired to participate in the job training program are hired through local hiring in accordance with section #aaa1 including by prioritizing individuals with a barrier to employment 7including ex-offenders71 disabled individuals as defined in section #aba1 veterans1 and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce2 or 7ii7 ensure the commitments described in clauses 7i7 and 7ii7 of section #aca7;a77#b77;,a7 with respect to carrying out the job training program4 7,c7 ,priority for renewal grants ,in awarding renewal grants under this section1 the ,secretary shall give priority to eligible entities that demonstrate long-term sustainability of an industry or sector partnership4 7c7 ,application process 7#a7 ,in general ,an eligible entity seeking a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including the contents described in paragraph 7#b74 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall contain1 at a minimum-- 7,a7 an identification of the targeted infrastructure industry to be served by the job training program supported by a grant under this section2 7,b7 a description of the individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 that will be served by such program1 including-- 7i7 an analysis of the labor market in the targeted infrastructure industry2 7ii7 a description of the barriers to employment that may affect such individuals2 and 7iii7 a description of strategies that the program will employ to help such individuals overcome such barriers2 7,c7 a description of the credentials that the program will assist such individuals in obtaining1 which credentials-- 7i7 shall be nationally portable2 7ii7 shall be recognized postsecondary credentials or1 if not available for the industry1 other credentials determined by the ,secretary to be appropriate2 and 7iii7 shall be related to the targeted infrastructure industry2 and 7,d7 a description of the services described in subsection 7d77#c7 that the program will offer to such individuals4 7d7 ,activities 7#a7 ,in general ,each job training program supported under this section-- 7,a7 shall include-- 7i7 activities designed to achieve the strategic objectives described in paragraph 7#b72 and 7ii7 the services described in paragraph 7#c7 for individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry2 and 7,b7 may include a partnership between the eligible entity and an employer to assist such employer in carrying out a work-based learning program1 including a registered apprenticeship program or a pre-apprenticeship program affiliated with a registered apprenticeship program4 7#b7 ,strategic objectives ,the strategic objectives described in this paragraph are the following3 7,a7 7i7 ,recruiting key stakeholders in the targeted infrastructure industry1 which stakeholders may include employers1 labor organizations1 local workforce development boards1 and education and training providers1 including providers of career and technical education4 7ii7 ,regularly convening such stakeholders in a collaborative manner that supports the sharing of information1 ideas1 and challenges1 which are common to the targeted infrastructure industry4 7,b7 ,identifying the training needs of employers in the targeted infrastructure industry1 including-- 7i7 needs for skills critical to competitiveness and innovation in such industry2 7ii7 needs of registered apprenticeship programs1 pre-apprenticeship programs affiliated with registered apprenticeship programs1 or other work-based learning programs that may be supported by a grant under this section2 and 7iii7 needs for the alignment of a job training program supported under this section with career pathways4 7,c7 ,facilitating actions1 through industry or sector partnerships1 registered apprenticeship programs1 or pre-apprenticeship programs affiliated with registered apprenticeship programs1 that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry4 7,d7 ,assisting postsecondary educational institutions1 training institutions1 sponsors of registered apprenticeship programs1 and all other providers of career and technical education and training programs that may be receiving assistance under this section1 align curricula1 entrance requirements1 and programs to the targeted infrastructure industry needs and the credentials described in subsection 7c77#b77;,c71 particularly for high-skill1 high-priority occupations related to the targeted infrastructure industry4 7,e7 ,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 7#bi ,u4,s4,c4 #di et seq471 including staff of the agency that provide services under such ,act1 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 section4 7,f7 ,assisting employers in the targeted infrastructure industry to attract potential workers from a diverse jobseeker base1 including individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 by identifying any such barriers1 reasons for such underrepresentation1 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 barriers1 reduce such underrepresentation1 and address such issues4 7#c7 ,services 7,a7 ,in general ,each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 which may include-- 7i7 pre-employment services as described in subparagraph 7,b72 and 7ii7 employment services as described in subparagraph 7,c74 7,b7 ,pre-employment services ,the pre-employment services described in this subparagraph may include-- 7i7 skills training1 including career and technical education1 and integrated education and training1 with respect to the targeted infrastructure industry2 7ii7 initial assessments of such individuals2 7iii7 services to provide work attire and necessary tools for a work site in the targeted infrastructure industry2 7iv7 supportive services1 such as child care and transportation2 7v7 mentoring services2 and 7vi7 job placement assistance4 7,c7 ,employment services ,the employment services described in this subparagraph are services provided to individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 and that are employed in a work-based learning program in the targeted infrastructure industry4 ,a job training program supported by a grant under this section shall provide such services to such individuals during their first #f months of employment through such program1 to assure the individuals succeed in the program4 ,such services may include-- 7i7 ongoing case management and services1 including the services described in subparagraph 7,b72 7ii7 continued skills training1 including career and technical education1 integrated education and training1 and soft-skills training such as problem solving and leadership training1 conducted in collaboration with the employers of such individuals2 7iii7 additional mentorship and retention supports for such individuals2 and 7iv7 targeted training for the employer participating in the work-based learning program1 including for frontline managers1 journey level workers 7such as mentors7 working with individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 and human resource representatives of the employer4 7e7 ,evaluations 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 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 7d77#b71 and the purposes described in subsection 7b77#a74 7#b7 ,data ,the report required under paragraph 7#a7 shall provide and analyze each of the following3 7,a7 ,the number of participants in job training programs supported under this section1 disaggregated by age1 race or ethnicity1 gender1 status as an individual with a barrier to employment1 and income4 7,b7 ,the percentage of such participants who are in unsubsidized employment prior to enrolling in such program4 7,c7 ,the median earnings of such participants prior to enrolling in such program4 7,d7 ,the percentage of such participants who are in unsubsidized employment during the second quarter after exit from such program and salary statistics of such participants1 including mean and median earnings4 7,e7 ,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 participants1 including mean and median earnings4 7,f7 ,the percentage of such participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent1 during participation in or within #a year after exit from such program4 7,g7 ,the percentage of such participants who1 during a program year1 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 employment4 #bjb4 ,infrastructure workforce equity capacity building program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity that-- 7,a7 has an affiliate network or offices in not less than #c communities and across not less than #b ,states2 7,b7 has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries2 7,c7 has clearly and convincingly demonstrated that it has the capacity to provide technical assistance to entities carrying out job training programs under section #bja2 and 7,d7 submits an application in accordance with subsection 7c74 7#b7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,capacity building program ,the ,secretary shall reserve #aj percent of the amounts appropriated under section #bjc to award grants1 contracts1 or other agreements or arrangements as the ,secretary determines appropriate1 to eligible entities for the purpose of building the capacity of entities receiving a grant under section #bja to implement the activities described in subsection 7d7 of such section to more effectively serve individuals with a barrier to employment1 including ex-offenders1 veterans as defined in section #aba1 or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such section4 7c7 ,application ,an entity seeking an award under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7d7 ,use of ,funds ,an award made under this section may be used to provide technical assistance to entities receiving a grant under section #bja in order for such entities to carry out the activities described in subsection 7d7 of that section4 ,such technical assistance may include assistance with-- 7#a7 the development and training of staff2 7#b7 the provision of outreach1 intake1 assessments1 and service delivery2 7#c7 the coordination of services across providers and programs2 and 7#d7 the development of performance accountability measures4 7e7 ,amount ,the amount of a grant awarded under this section may not exceed #e1jjj1jjj4 7f7 ,report ,an eligible entity receiving a grant under this section shall1 not later than #f months after the grant is awarded1 submit to the ,secretary a report that includes-- 7#a7 the impact of the technical assistance provided under this section on the outcomes of grants under section #bja2 and 7#b7 such other criteria as determined by the ,secretary4 #bjc4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #a1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,,iii ,investing in high-quality ,american jobs #cja4 ,wage rate 7a7 ,davis-,bacon ,act 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjbj and each fiscal year thereafter1 all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program1 including projects described in paragraph 7#c7 assisted in whole or in part under such programs1 without regard to the form or type of ,federal assistance provided under such program1 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 #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#c7 ,revolving loan funds ,a project described in this paragraph is a project1 in the case of a covered infrastructure program that capitalizes revolving loan funds1 that is assisted in whole or in part with amounts deposited in the revolving loan fund1 including loan repayments and interest earned4 7b7 ,service employees 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjbj and each fiscal year thereafter1 all service employees1 including service employees that are operations workers or maintenance workers1 employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program1 without regard to the form or type of ,federal assistance provided under such program1 shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs 7#a7 and 7#b71 respectively1 of section #fgjc of title #da1 ,united ,states ,code1 for service employees engaged in the performance of a contract or subcontract to which chapter #fg of title #da1 ,united ,states ,code1 applies4 7#b7 ,definition of service employee ,in this subsection1 the term service employee has the meaning given such term in section #fgja of title #da1 ,united ,states ,code4 #cjb4 ,raise labor standards1 improve working conditions1 and strengthen workers' bargaining power 7a7 ,definitions ,in this section-- 7#a7 the term covered award means an award of not less than #ejj1jjj made to an entity under a covered infrastructure program by the head of the relevant ,federal agency2 and 7#b7 the term covered subaward means a subaward of not less than #ejj1jjj made to an entity under a covered infrastructure program by another entity receiving a covered award4 7b7 ,required pre-,grant1 loan1 or contract award actions 7#a7 ,disclosures ,the head of a relevant ,federal agency shall require an entity applying for a covered award-- 7,a7 to represent1 to the best of the entity's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the entity in the preceding #c years for violations of-- 7i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7vii7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity71 including any amendment to such ,executive order2 7viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7ix7 section #dbab of title #ch1 ,united ,states ,code2 7x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7xiv7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 7xv7 subsection 7h7 of this section2 or 7xvi7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor2 and 7#b7 to require any applicant for a covered subaward from the entity-- 7,a7 to represent to the best of the applicant's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the applicant in the preceding #c years for violations of any of the labor laws listed in paragraph 7#a72 and 7,b7 to update such information not less than every #f months for the duration of the covered subaward4 7c7 ,pre-,award ,corrective ,measures ,the head of a relevant ,federal agency shall1 prior to awarding a covered award1 provide an entity that makes a disclosure under subsection 7b77#a7 an opportunity to report any steps taken to correct a violation of or improve compliance with the labor laws listed in subsection 7b77#a71 including any agreements entered into by the entity with an enforcement agency4 7d7 ,disclosure of violations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,labor shall establish a website that-- 7,a7 is available to the public at no cost2 7,b7 indicates each violation disclosed under subsection 7b7 or 7e77#a7 with respect to an entity applying for1 or receiving1 a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection 7b77#a72 and 7,c7 is designed to enable interested parties to easily identify entities applying for1 or receiving1 covered awards or covered subawards that are in violation of any labor laws listed in subsection 7b77#a7 and steps taken by such entities to correct the violations or improve compliance with such laws4 7#b7 ,fulfilling reporting requirements ,the ,secretary of ,labor1 in consultation with the ,director of the ,office of ,management and ,budget and the heads of the relevant ,federal agencies1 shall include on the website established under paragraph 7#a7 the ability for all entities that apply for or receive covered awards or covered subawards to fulfill reporting requirements under this section4 7#c7 ,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 7#a74 7e7 ,post-,award grant1 loan1 or contract actions 7#a7 ,information updates ,the head of a relevant ,federal agency shall require each entity receiving a covered award or covered subaward to1 not later than once every #f months1 update the information provided under paragraph 7#a7 or 7#b71 as applicable1 of subsection 7b74 7#b7 ,corrective actions 7,a7 ,entity awarded assistance ,the head of a relevant ,federal agency1 in consultation with the ,labor ,compliance ,advisor designated by such head under subsection 7f7 and in coordination with the heads of the other relevant ,federal agencies as applicable1 shall determine whether any information provided under paragraph 7#a7 by an entity receiving a covered award warrants corrective action4 ,such action-- 7i7 may include-- 7,i7 an agreement requiring appropriate remedial measures2 7,,ii7 compliance assistance2 7,,iii7 resolving issues to avoid further violations2 7,,iv7 the decision not to exercise an option on assistance awarded or to terminate the assistance awarded2 or 7,v7 in coordination with the heads of the other relevant ,federal agencies1 the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs2 and 7ii7 shall include disclosure on the website established under subsection 7d74 7,b7 ,subawards ,an entity that receives a covered award1 in consultation with head of the relevant ,federal agency and the ,labor ,compliance ,advisor designated by such head under subsection 7f71 shall determine whether any information provided under subsection 7b77#b7 by a recipient of a covered subaward warrants corrective action1 including remedial measures1 compliance assistance1 and resolving issues to avoid further violations4 7#c7 ,department of ,labor investigations ,the ,secretary of ,labor shall1 as appropriate1 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 7,a7 and 7,b7 of paragraph 7#b74 7f7 ,labor compliance advisors 7#a7 ,in general ,each head of a relevant ,federal agency shall designate a senior official to serve as the ,labor ,compliance ,advisor for the agency4 7#b7 ,duties ,the ,labor ,compliance ,advisor shall-- 7,a7 meet quarterly with the ,deputy ,secretary1 ,deputy ,administrator1 or equivalent official of the agency with regard to matters covered under this section2 7,b7 work with officials of the agency to promote greater awareness and understanding of-- 7i7 the labor laws listed in subsection 7b77#a71 including recordkeeping1 reporting1 and notice requirements under such laws2 and 7ii7 best practices for compliance with such laws2 7,c7 advise the head of the relevant ,federal agency whether agreements are in place or are otherwise needed to address appropriate remedial measures1 compliance assistance1 steps to resolve issues to avoid violations of the labor laws listed in subsection 7b77#a71 or other related matters concerning entities applying for or receiving covered awards or covered subawards2 7,d7 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 laws2 7,e7 in consultation with the ,secretary of ,labor or other relevant enforcement agencies1 provide assistance to the head of the relevant ,federal agency regarding appropriate actions to be taken in response to violations1 by entities applying for or receiving covered awards or covered subawards1 of the labor laws listed in subsection 7b77#a7 identified prior to or after receipt of such awards1 and to address complaints in a timely manner1 by-- 7i7 providing assistance to officials of the agency in reviewing the information provided under subsections 7b7 and 7e77#a71 or other information indicating a violation of such a labor law1 in order to assess the serious1 repeated1 willful1 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 laws2 7ii7 helping officials of the agency determine the appropriate response to address violations of the labor laws listed in subsection 7b77#a71 or other information indicating such violations1 particularly serious1 repeated1 willful1 or pervasive violations1 including agreements requiring appropriate remedial measures1 decisions not to award assistance or exercise an option on an award of assistance1 termination of an award of assistance1 or referral of details to be posted on the website established under subsection 7d72 7iii7 providing assistance to officials of the agency in receiving and responding to1 or making referrals of1 complaints alleging violations of the labor laws listed in subsection 7b77#a7 by entities applying for or receiving covered awards or covered subawards2 7iv7 supporting officials of the agency in the coordination of actions taken pursuant to this section to ensure agency-wide consistency1 to the extent practicable2 and 7v7 as appropriate1 sending information to agency suspension and debarment officials in accordance with agency procedures2 7,f7 consult with the head of the relevant ,federal agency1 and the ,secretary of ,labor as necessary1 in the development of regulations1 policies1 and guidance addressing compliance with the labor laws listed in subsection 7b77#a7 by entities applying for or receiving covered awards or covered subawards2 7,g7 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 subawards2 7,h7 publicly report1 on an annual basis1 a summary of actions taken by the head of the relevant ,federal agency to promote greater compliance with the labor laws listed in subsection 7b77#a71 including the head's response to serious1 repeated1 willful1 or pervasive violations of such labor laws2 and 7,i7 participate in the interagency meetings regularly convened by the ,secretary of ,labor under subsection 7g77#b74 7g7 ,measures ,to ensure government-,wide consistency ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall-- 7#a7 develop a process-- 7,a7 for the ,labor ,compliance ,advisors designated under subsection 7f7 to consult with the ,secretary of ,labor in carrying out the responsibilities of such ,advisors under subsection 7f77#b77;,e72 and 7,b7 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 heads2 7#b7 regularly convene interagency meetings of ,labor ,compliance ,advisors to share and promote best practices for improving compliance with the labor laws listed in subsection 7b77#a72 and 7#c7 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 section4 7h7 ,workforce diversity programs 7#a7 ,in general ,the head of a relevant ,federal agency1 in coordination with the ,secretary of ,labor1 shall require each entity that has not less than #ej 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 recruitment1 selection1 and advancement of individuals who are qualified for the applicable position and who are individuals with a barrier to employment 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans4 7#b7 ,structure of workforce diversity programs ,a workforce diversity program required under paragraph 7#a7 of an entity described in such paragraph shall include programs1 policies1 practices1 and procedures that fulfill the purposes of this subsection4 ,such programs1 policies1 practices1 and procedures shall-- 7,a7 contain a diagnostic component that includes more than #a quantitative analysis designed to evaluate the composition of the workforce of the entity and compare such composition to the composition of other relevant workforces2 7,b7 include action-oriented programs1 such as programs for training and outreach2 7,c7 include internal auditing and reporting systems as a means of-- 7i7 measuring the entity's progress toward achieving a diverse workforce2 and 7ii7 monitoring and examining employment decisions and compensation systems to evaluate the impact of those systems on diverse applicants and employees2 7,d7 be incorporated into the entity's personnel policies1 practices1 and procedures2 7,e7 be updated annually for the duration of the project assisted by the covered award or covered subaward2 and 7,f7 be readily available for reporting to the ,secretary for the purposes of compliance review4 7#c7 ,designation of responsibility ,an entity described in paragraph 7#a7 shall provide for the implementation of the workforce diversity program required under such paragraph by-- 7,a7 assigning responsibility and accountability to an official of the entity2 and 7,b7 providing the assigned official with the authority1 resources1 and support of and access to top management of the entity to ensure the effective implementation of such program4 7#d7 ,identification of problem areas 7,a7 ,in general ,an entity described in paragraph 7#a7 shall perform an in-depth analysis of the employment process of the entity to determine-- 7i7 whether impediments to equal employment opportunity exist in such process2 and 7ii7 if such impediments exist1 the aspects of such process in which such impediments exist4 7,b7 ,evaluations ,an analysis under subparagraph 7,a7 shall include an analysis of-- 7i7 whether1 across different positions of the entity1 there are problems of utilization or distribution of individuals who are qualified for such positions and are individuals with a barrier to employment 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans2 7ii7 personnel activity to determine whether there are selection disparities1 which such analysis may include an analysis of the number of applications and interviews1 hires1 terminations1 promotions1 and other personnel actions of the entity2 7iii7 compensation systems to determine whether there are disparities in compensation2 7iv7 selection1 recruitment1 referral1 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 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans2 and 7v7 any other issue that may impact the success of the workforce diversity program required of the entity under paragraph 7#a74 7#e7 ,action-oriented programs ,an entity described in paragraph 7#a7 shall develop and execute action-oriented programs designed to-- 7,a7 correct any problem areas identified under this subsection2 and 7,b7 attain established goals and objectives that-- 7i7 require the entity to follow different procedures than those procedures that may have previously produced inadequate results2 and 7ii7 demonstrate the entity has made good faith efforts to remove identified barriers to workforce diversity1 expand employment opportunities1 and produce measurable results to achieve improved workforce diversity4 7#f7 ,internal audit and reporting system ,an entity described in paragraph 7#a7 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 paragraph4 ,such system shall include requirements for the entity to-- 7,a7 monitor records of all personnel activity1 including referrals1 placements1 transfers1 promotions1 terminations1 and compensation1 at all levels of employment with the entity to ensure the workforce diversity program is carried out in accordance with the purposes of this subsection2 7,b7 require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained2 7,c7 review the results of reports required under this subsection with all levels of management of the entity2 and 7,d7 advise top management of the entity of the effectiveness of the program and submit recommendations to improve unsatisfactory performance with respect to the program4 7#g7 ,compliance status 7,a7 ,in general ,in determining whether an entity described in paragraph 7#a7 has complied with the requirements for the workforce diversity program under this subsection1 the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor1 shall-- 7i7 review the nature and extent of the entity's good faith in carrying out activities under paragraphs 7#d71 7#e71 and 7#f71 and the appropriateness of those activities to identify equal employment opportunity problems2 and 7ii7 analyze statistical data and other non-statistical information to indicate whether employees and applicants of the entity are being treated without regard to their race1 color1 religion1 sex1 sexual orientation1 gender identity1 national origin1 or disability status4 7,b7 ,technical assistance ,the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor1 may provide technical assistance to an entity described in paragraph 7#a7 to assist such entity in achieving compliance with the requirements under this subsection1 which may include an agreement between the head of the relevant ,federal agency and the entity requiring appropriate remedial measures4 7,c7 ,corrective action ,if an entity described in paragraph 7#a7 remains in noncompliance with the requirements under this subsection following technical assistance under subparagraph 7,b71 the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor and the heads of the other relevant ,federal agencies as applicable1 may take corrective action against the entity4 ,such action may include-- 7i7 the decision not to exercise an option on assistance awarded or to terminate the assistance awarded2 or 7ii7 in coordination with the heads of the other relevant ,federal agencies1 the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs4 7i7 ,paycheck ,transparency 7#a7 ,in general ,except as provided in paragraph 7#c71 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 7#b7 with a document for each pay period containing information concerning1 with respect to such individual for such pay period-- 7,a7 hours worked1 including overtime hours worked2 7,b7 pay1 including any additions made to or deductions made from pay2 and 7,c7 job classification4 7#b7 ,individuals described ,an individual described in this paragraph is any individual performing work on a project for an entity1 receiving a covered award or covered subaward1 that is required to maintain wage records with respect to such individual under-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7,c7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 or 7,d7 any applicable ,state law4 7#c7 ,exceptions 7,a7 ,employees exempt from overtime requirements ,a document provided under paragraph 7#a7 to an individual who is exempt under section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 from the overtime compensation requirements under section #g of such ,act 7#bi ,u4,s4,c4 #bjg7 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 requirements4 7,b7 ,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 subsection4 7#d7 ,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 contractor1 and not as an employee1 of the entity1 the entity shall provide the individual a document informing the individual of the status of the individual as an independent contractor4 7j7 ,notice of hire 7#a7 ,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 7i77#b71 at the time of hiring1 a written notice containing each of the following3 7,a7 ,the name of the entity1 including any name used by the entity in conducting business4 7,b7 ,the physical address of the entity's main office or principal place of business1 and a mailing address1 if different from such physical address4 7,c7 ,the telephone number of the entity4 7,d7 ,the date on which the individual will regularly receive a paycheck from the entity4 7,e7 ,the individual's rate of pay1 and the basis of that rate1 including 7as applicable7-- 7i7 by the hour1 shift1 day1 week1 salary1 piece1 or commission2 7ii7 any allowances claimed as part of the minimum wage1 including tips and meal or lodging allowances2 and 7iii7 overtime rate of pay1 including any exemptions from overtime pay4 7,f7 ,the individual's job classification1 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 performed4 7#b7 ,enforcement 7,a7 ,fine 7i7 ,in general ,the head of a relevant ,federal agency may assess a civil fine1 subject to clause 7ii71 of #ejj against an entity that knowingly violates paragraph 7#a7 for each individual to whom the entity failed to notify in violation of such paragraph4 7ii7 ,inflation ,the head of a relevant ,federal agency shall1 for each year beginning #a year after the date of enactment of this ,act1 adjust the amount under clause 7i7 for inflation4 7,b7 ,rebuttable presumption ,the failure to provide a notice in compliance with paragraph 7#a7 shall be a rebuttable presumption that an entity required to provide such notice knowingly violated such paragraph4 7k7 ,neutrality 7#a7 ,allowable costs ,except as provided in paragraph 7#b71 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 subaward1 including costs of shop stewards1 labor management committees1 employee publications1 and other related activities4 7#b7 ,limitation on ,federal assistance 7,a7 ,in general ,no ,federal assistance made available under a covered award or covered subaward may be used for costs incurred in-- 7i7 activities undertaken to persuade employees of any entity to exercise or not to exercise1 or concerning the manner of such employees in exercising or not exercising1 the right to organize and bargain collectively through representatives of the employees' own choosing2 or 7ii7 any other activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b774 7,b7 ,examples ,examples of costs prohibited under subparagraph 7,a7 include the costs of-- 7i7 preparing and distributing materials for a purpose described in subparagraph 7,a72 7ii7 hiring or consulting legal counsel or consultants for such purpose2 7iii7 meetings held for such purpose 7including paying the salaries of the attendees at such meetings72 and 7iv7 planning or conducting activities for such purpose during work hours by managers1 supervisors1 or labor organization representatives4 7l7 ,complaint and dispute transparency 7#a7 ,in general 7,a7 ,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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises4 7,b7 ,subawards ,each head of a relevant ,federal agency shall require that an entity covered under subparagraph 7,a7 incorporate the requirement under such subparagraph into each subaward made for a project assisted by the award at any tier under the award4 7#b7 ,exception for employees and independents contractors 7,a7 ,in general ,the requirements under paragraph 7#a7 shall not apply with respect to an employee or independent contractor who-- 7i7 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 contractor2 or 7ii7 except as provided in subparagraph 7,b71 entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph4 7,b7 ,applicability ,the requirements under paragraph 7#a7 shall apply with respect to an employee or independent contractor of an entity receiving a covered award or covered subaward-- 7i7 if the entity receiving the award or subaward is permitted to change the terms of the agreement described in subparagraph 7,a77ii7 with the employee or independent contractor2 or 7ii7 in the event such agreement is renegotiated or replaced after the entity receives the award or subaward4 7m7 ,definitions ,in this section3 7#a7 ,disabled individual ,the term disabled individual has the meaning given such term in section #aba4 7#b7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#c7 ,veteran ,the term veteran has the meaning given such term in section #aba4 #cjc4 ,buy ,america ,bureau 7a7 ,definitions ,in this section3 7#a7 ,buy ,america law ,the term ,buy ,america law means-- 7,a7 section #cac of title #bc1 ,united ,states ,code2 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #bbije7;a7 of title #di1 ,united ,states ,code2 7,d7 section #ejaja7;a7 of title #di1 ,united ,states ,code2 7,e7 section #fjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 and 7,f7 section #adeb7;a77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d774 7#b7 ,director ,the term ,director means the ,director of the ,buy ,america ,bureau established by subsection 7b74 7b7 ,establishment ,there is established in the ,department of ,commerce an office1 to be known as the ,buy ,america ,bureau4 7c7 ,leadership ,the ,buy ,america ,bureau shall be headed by a ,director1 who shall-- 7#a7 be appointed by the ,secretary of ,commerce2 and 7#b7 report to the ,secretary of ,commerce4 7d7 ,duties ,the ,director shall-- 7#a7 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 laws2 7#b7 establish guidelines for ensuring transparency in the ,buy ,america auditing process under paragraph 7#a71 including-- 7,a7 the use of and fulfillment of requests pursuant to section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7,b7 the disclosure of information relating to a ,buy ,america audit by third-party auditors under paragraph 7#a72 7#c7 establish guidelines to support the establishment1 strengthening1 and oversight of compliance with ,buy ,america laws1 taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created2 7#d7 establish a clearinghouse website to make publicly available information on-- 7,a7 ,buy ,america audits conducted by third-party auditors under paragraph 7#a72 7,b7 third-party auditors that have received a certification from the ,director under paragraph 7#a72 and 7,c7 requested waivers of ,buy ,america laws under covered infrastructure programs2 and 7#e7 submit to ,congress an annual report on-- 7,a7 waivers from a ,buy ,america law that have been requested2 7,b7 waivers from a ,buy ,america law that have been granted2 and 7,c7 any supply chain gaps in the ,united ,states that may need to be addressed to improve compliance with ,buy ,america laws without a waiver4