(a) Short title.—This Act may be cited as the “Build Local, Hire Local Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

Congress finds that—

(1) infrastructure plays a vital role in the lives of all people in the United States;

(2) the aging infrastructure of the United States is in need of a significant investment to repair, rebuild, and modernize, and in the process, the Federal Government can take necessary steps to address economic and racial injustices that have limited opportunities for far too many people of the United States;

(3) decades of disinvestment and exclusionary policies have isolated many people of color, low-income people, and disabled individuals in the United States from opportunity across the urban centers, deindustrialized cities, rural regions, and Tribal areas of the United States, including horribly inadequate investment to ensure universal access to clean air and water, safe and reliable transportation, affordable housing, quality living wage jobs, high-speed internet, modernized schools, and parks and community facilities;

(4) while the construction of the National Highway System remains one of the most transformative achievements in the history of the United States, it came at the expense of many low-income communities as well as minority neighborhoods of all income levels that were destroyed by the construction and isolated from the broader community and from economic opportunity;

(5) investing in repairing, rebuilding, and modernizing the infrastructure of the United States presents an opportunity to learn from the mistakes of the past and reimagine how communities can design and build infrastructure to be more equitable, helping to address structural inequities faced by marginalized communities nationwide, including a lack of good paying jobs, affordable, accessible, and inclusive housing, decaying roads, bridges, and schools, inadequate access to technology, and exposure to toxic emissions and poisoned water;

(6) accessibility to quality infrastructure, training, and jobs is an issue across the United States, spanning from rural and Tribal areas to urban and suburban areas;

(7) transportation infrastructure has a significant impact on access to jobs, education, healthcare, healthy foods, and other essential services;

(8) accessibility to essential services is defined not only by speed, but also by ease of access, which includes the ability to safely and conveniently access services by all modes of travel;

(9) with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the United States demands, the close to 478,000 specialty trade contractors in smaller minority, women, and disadvantaged businesses could be supported to meet this demand;

(10) small businesses and under-represented contractors, including minority-, women-, veteran-owned businesses, and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the United States along the way;

(11) as of 2018, about ¼ of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade, compounding the infrastructure crisis in the United States;

(12) as of 2019, the Board of Governors of the Federal Reserve System finds that skilled trades and many occupations that do not require a 4-year degree are not considered to be at significant risk of automation;

(13) infrastructure jobs include a wide range of employment opportunities in both the public and private sectors, including design, manufacturing, construction, operation, governance, and maintenance of infrastructure assets in the United States;

(14) more than 1 in 10 jobs in the United States is a transportation- or infrastructure-related job;

(15) many infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal 4-year degree higher education programs;

(16) in spite of rising income inequality, infrastructure jobs paid approximately 30 percent more to low income individuals than other occupations in 2018;

(17) women, people of color, and particularly women of color are underrepresented in construction jobs;

(18) while women across all occupations currently make up about 50 percent of the workforce, women in construction and extraction occupations has hovered around 3 percent for the last 3 decades;

(19) while Black Americans make up about 12 percent of the overall workforce, Black Americans only represent 7 percent of construction and extraction occupations;

(20) by focusing on improving workforce development systems through targeted employment strategies, the Federal Government can improve the quality of future projects and better ensure that all communities benefit from investments that—

(A) protect workers;

(B) expand opportunities for advancement;

(C) establish strong labor standards; and

(D) redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution and geographic isolation; and

(21) the Federal Government should make concerted efforts to close the workforce gap, through coordination with States and units of local government, workforce development agencies, national and regional nonprofit intermediaries, labor organizations, and institutions of higher education and other educational institutions, including historically Black colleges and universities and Hispanic-serving institutions, to recruit, train, and retain the next generation of infrastructure workers in the United States, with a focus on—

(A) achieving gender, ethnic, racial, and ability diversity; and

(B) recruiting and training individuals from communities with high unemployment rates, including African-American communities, Hispanic communities, Indian Tribes, the disabled community, and the LGBTQ community.

In this Act:

(1) COVERED INFRASTRUCTURE PROGRAM.—The term “covered infrastructure program” means any of the following:

(A) Direct and guaranteed loans and grants under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)).

(B) Distance learning and telemedicine grants under section 2333 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2).

(C) Broadband loans and loan guarantees under title IV of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.).

(D) The community connect grant program established under title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations, 2004 (Public Law 108–199; 118 Stat. 29).

(E) Solid waste management grants under section 310B(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)).

(F) A program or project carried out under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).

(G) Financial assistance for development, implementation, or modification of a State energy conservation plan under section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323).

(H) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).

(I) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).

(J) Grants for construction of health centers provided by the Secretary of Health and Human Services.

(K) Grants for construction, renovation, or repair of non-Federal research facilities provided by the Director of the National Institutes of Health.

(L) The public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135).

(M) Assistance provided under the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)).

(N) The community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

(O) The Indian housing block grant program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).

(P) The rural water supply program under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402).

(Q) Financial assistance provided under the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.).

(R) Assistance provided under title 23, United States Code.

(S) Assistance provided under chapter 53 of title 49, United States Code.

(T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers.

(U) Assistance provided for a freight or passenger rail project under subtitle V of title 49, United States Code.

(V) Assistance provided for an airport development project under chapter 471 of title 49, United States Code.

(W) Assistance for an environmental cleanup project under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

(X) Assistance provided under section 7007 and 7008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707, 7708).

(Y) Mutual and self-help housing assistance provided under section 523 of the Housing Act of 1949 (42 U.S.C. 1490c).

(Z) Site development loans provided under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

(AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. 1490p–2).

(BB) Assistance provided by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).

(CC) Grants awarded from the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569).

(DD) Assistance provided under the Connect America Fund of the Federal Communications Commission under subpart D of part 54 of title 47, Code of Federal Regulations (or a successor regulation).

(EE) The Connect Communities Program under section 144.

(FF) Any similar program, as determined by the Director of the Office of Management and Budget, in consultation with the heads of the relevant Federal agencies.

(2) DISABLED INDIVIDUAL.—The term “disabled individual” means an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(3) HEAD OF THE RELEVANT FEDERAL AGENCY.—The term “head of the relevant Federal agency” means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program.

(4) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term “local workforce development board” has the meaning given the term “local board” in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(5) REGISTERED APPRENTICESHIP PROGRAM.—The term “registered apprenticeship program” has the meaning given the term in section 3131(e)(3)(B) of the Internal Revenue Code of 1986.

(6) STATE WORKFORCE DEVELOPMENT BOARD.—The term “State workforce development board” has the meaning given the term “State board” in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(7) VETERAN.—The term “veteran” has the meaning given the term in section 101 of title 38, United States Code.

(a) Definition of local.—

(1) IN GENERAL.—In this section, the term “local”, with respect to hiring for a project, means hiring within the geographical boundaries of the area in which the project is located, as determined by the recipient of assistance under a covered infrastructure program, in coordination with the head of the relevant Federal agency, subject to the requirement that the geographical area shall—

(A) include high-poverty, high-unemployment zip codes; and

(B) be the size of a county, multi-county, statewide, or multi-State region.

(2) SAVINGS PROVISION.—Nothing in paragraph (1) prohibits interstate hiring.

(b) Requirement.—

(1) IN GENERAL.—Notwithstanding any other provision of law and to the maximum extent practicable, except to the extent that the head of the relevant Federal agency determines otherwise, in the case of any construction project carried out under a covered infrastructure program, the head of the relevant Federal agency shall ensure that, of the workers hired for the project (including workers hired for related maintenance, service, or operations activities for the project), the applicable percentage described in paragraph (2) are hired through local hiring, in partnership with a registered apprenticeship program, if applicable, or with a State workforce development board or local workforce development board, if applicable.

(2) APPLICABLE PERCENTAGE.—The applicable percentage referred to in paragraph (1) is—

(A) for fiscal year 2022, 10 percent;

(B) for fiscal year 2023, 20 percent;

(C) for fiscal year 2024, 30 percent;

(D) for fiscal year 2025, 40 percent; and

(E) for fiscal year 2026 and each fiscal year thereafter, 50 percent.

(c) Priority.—In carrying out subsection (b), the head of the relevant Federal agency shall ensure that the entity carrying out the project gives priority to—

(1) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including ex-offenders and disabled individuals;

(2) veterans; and

(3) individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities.

(d) Reports and oversight.—

(1) IN GENERAL.—Not less frequently than annually, the Secretary of Labor, in consultation with the heads of the relevant Federal agencies, shall—

(A) submit to Congress a report on the implementation of this section; and

(B) make the report under subparagraph (A), including any related data, publicly available on the internet.

(2) GAO REVIEW.—Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall—

(A) carry out a review of the implementation of this section to determine compliance with this section; and

(B) submit to Congress a report on the results of the review under subparagraph (A), including any suggestions or recommendations for legislative, regulatory, or other changes to improve the implementation of this section or compliance with this section.

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

In this subtitle:

(1) OWNED AND CONTROLLED.—The term “owned and controlled”, with respect to a business, means—

(A) ownership of at least 51 percent of the business, or in the case of any publicly owned business, ownership of at least 51 percent of the stock; and

(B) control of the management and daily business operations of the business.

(2) SMALL BUSINESS CONCERN.—

(A) IN GENERAL.—The term “small business concern” means a small business concern (within the meaning of section 3(a) of the Small Business Act (15 U.S.C. 632(a))).

(B) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the head of the relevant Federal agency for inflation.

(3) SOCIALLY OR ECONOMICALLY DISADVANTAGED INDIVIDUAL.—The term “socially or economically disadvantaged individual” means any socially and economically disadvantaged individuals within the meaning of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act.

(a) In general.—Except to the extent that the head of the relevant Federal agency determines otherwise—

(1) not less than the percentage described in subsection (b) for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns; and

(2) not less than the percentage described in subsection (b) for the applicable fiscal year of the total number of projects that receive assistance under each covered infrastructure program shall be subcontracted through a small business concern.

(b) Percentage described.—The percentage referred to in each of paragraphs (1) and (2) of subsection (a) is—

(1) for fiscal year 2022, 6 percent;

(2) for fiscal year 2023, 12 percent;

(3) for fiscal year 2024, 19 percent;

(4) for fiscal year 2025, 26 percent; and

(5) for fiscal year 2026 and each fiscal year thereafter, 33 percent.

(c) Report.—Not less frequently than once each fiscal year, the Administrator of the Small Business Administration, in consultation with the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (a).

(a) Purpose.—The purpose of this section is to ensure that businesses with fewer than 10 employees, which are Main Street businesses that anchor neighborhoods and help families build wealth, have opportunities to participate in projects carried out under covered infrastructure programs.

(b) Requirement.—Except to the extent that the head of the relevant Federal agency determines otherwise, not less than the percentage described in subsection (c) for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses with fewer than 10 employees.

(c) Percentage described.—The percentage referred to in subsection (b) is—

(1) for fiscal year 2022, 6 percent;

(2) for fiscal year 2023, 12 percent;

(3) for fiscal year 2024, 18 percent;

(4) for fiscal year 2025, 24 percent; and

(5) for fiscal year 2026 and each fiscal year thereafter, 30 percent.

(d) Report.—Not less frequently than once each fiscal year, the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration and the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (b).

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

SEC. 125. Expansion of Small Business Administration surety bond program.

(a) Definitions.—In this section:

(1) COMMITMENT TO HIGH-QUALITY CAREER AND BUSINESS OPPORTUNITIES.—The term “commitment to high-quality career and business opportunities” means participation in a registered apprenticeship program.

(2) U.S. EMPLOYMENT PLAN.—The term “U.S. Employment Plan” means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall—

(A) include in a request for proposal an encouragement for bidders to include, with respect to the project—

(i) high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and

(ii) a commitment to recruit and hire individuals described in section 111(c) if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project;

(B) give preference for the award of the contract to a bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A); and

(C) ensure that each bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A) that is awarded a contract complies with those commitments.

(b) Best-Value framework.—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged—

(1) to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other criteria prioritized in the bid, such as—

(A) equity;

(B) environmental and climate justice;

(C) impact on greenhouse gas emissions;

(D) resilience;

(E) the results of a 40-year life-cycle analysis;

(F) safety;

(G) commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and

(H) access to jobs and essential services by all modes of travel for all users, including disabled individuals;

(2) in evaluating bids, to give at least equal weight to the criteria described in paragraph (1) as to past performance; and

(3) to ensure community engagement, transparency, and accountability in carrying out each stage of the project.

(c) Preference for registered apprenticeship programs.—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs.

(d) Preference for neutrality in union organizing.—Notwithstanding any other provision of law, the head of each relevant Federal agency, in consultation with the Secretary of Labor, shall give preference in providing assistance under a covered infrastructure program to an entity that commits to giving preference in awarding contracts and subcontracts for projects carried out with that assistance to bidders that have an explicit neutrality policy on any issue involving the organization of employees for purposes of collective bargaining.

(e) Use of U.S. Employment Plan.—Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program, each entity that receives Federal assistance shall use a U.S. Employment Plan for each contract of $5,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate.

(f) Report.—Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section.

(g) Intent of Congress.—

(1) IN GENERAL.—It is the intent of Congress—

(A) to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection (b)(1) for the purchase of goods and services;

(B) to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs and neutrality in union organizing as described in subsections (c) and (d) when evaluating bids for projects using that assistance;

(C) to require that recipients of Federal assistance under covered infrastructure programs use the U.S. Employment Plan in carrying out the project for which the assistance was provided; and

(D) that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies.

(2) INCLUSION.—A best-value contracting framework described in subsection (b)(1) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the “Secretary”) shall carry out an accessibility data program (referred to in this section as the “program”).

(b) Purpose.—The purpose of the program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the program to improve the transportation planning of those eligible entities by—

(1) measuring the level of access by multiple transportation modes to important destinations, which may include—

(A) jobs, including areas with a concentration of available jobs;

(B) health care facilities;

(C) child care services;

(D) educational and workforce training facilities;

(E) affordable and accessible housing;

(F) food sources; and

(G) connections between modes, including connections to—

(i) high-quality transit or rail service;

(ii) safe bicycling corridors; and

(iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include—

(A) low-income populations;

(B) minority populations;

(C) age;

(D) disability; and

(E) geographical location; and

(3) assessing the change in accessibility that would result from new transportation investments.

(c) Eligible entities.—An entity eligible to participate in the program is—

(1) a State (as defined in section 101(a) of title 23, United States Code);

(2) a metropolitan planning organization; or

(3) a rural planning organization.

(d) Application.—To be eligible to participate in the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to—

(1) previous experience of the eligible entity measuring transportation access or other performance management experience;

(2) the types of important destinations to which the eligible entity intends to measure access;

(3) the types of data disaggregation the eligible entity intends to pursue; and

(4) a general description of the methodology the eligible entity intends to apply.

(e) Selection.—The Secretary shall seek to achieve diversity of participants in the program, including—

(1) by selecting a range of eligible entities that shall include not less than—

(A) 5 States;

(B) 10 metropolitan planning organizations, of which—

(i) 5 shall each serve an area with a population of not more than 200,000 people; and

(ii) 5 shall each serve an area with a population of 200,000 or more people; and

(C) 5 rural planning organizations; and

(2) among the eligible entities selected under paragraph (1)—

(A) a range of capacity and previous experience with measuring transportation access; and

(B) a variety of proposed methodologies and focus areas for measuring level access.

(f) Duties.—For each eligible entity participating in the program, the Secretary shall—

(1) develop or acquire an accessibility data set described in subsection (b); and

(2) submit the data set to the eligible entity.

(g) Methodology.—In calculating the measures for the data set under the program, the Secretary shall ensure that methodology is open source.

(h) Availability.—The Secretary shall make an accessibility data set under the program available to—

(1) units of local government within the jurisdiction of the eligible entity participating in the program; and

(2) researchers.

(i) Report.—Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities.

(j) Public availability of data.—The Secretary may make publicly available on the internet the data sets and the report under subsection (i).

(k) Funding.—The Secretary shall carry out the program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary.

(a) Connectivity and accessibility performance measures.—Section 150 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1), by inserting “and in the case of paragraph (7), not later than 3 years after the date of enactment of the Build Local, Hire Local Act,” after “MAP–21,”; and

(B) by adding at the end the following:

“(7) MULTIMODAL TRANSPORTATION CONNECTIVITY AND ACCESSIBILITY.—

“(A) DEFINITION OF DISADVANTAGED POPULATION.—In this paragraph, the term ‘disadvantaged population’ means a low-income population, a minority population, or people with disabilities, as determined by the Secretary.

“(B) REGULATIONS.—The Secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for States, metropolitan planning organizations, and units of local government to improve the connectivity and accessibility of roadways, public transportation infrastructure, pedestrian and bikeway infrastructure, and other transportation infrastructure.

“(C) INCLUSIONS.—The performance measures established pursuant to subparagraph (B) shall include measures to assess—

“(i) with respect to the general population serviced by a transportation system—

“(I) the change in cumulative access to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers;

“(II) multimodal choice and enhanced interconnections among modes—

“(aa) to offer variety of choice between and among modes;

“(bb) to provide accessible and reliable transportation for all users; and

“(cc) to encourage travel demand management among local and statewide employers; and

“(III) any other issues the Secretary determines to be appropriate; and

“(ii) with respect to disadvantaged populations serviced by a transportation system—

“(I) transportation accessibility for disadvantaged populations;

“(II) change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and

“(III) any other issues the Secretary determines to be appropriate.”;

(2) in subsection (d)(1), by striking “and (6)” and inserting “(6), and (7)”; and

(3) by adding at the end the following:

“(f) Report on multimodal transportation connectivity and accessibility.—Not less frequently than annually—

“(1) each State, metropolitan planning organization, and unit of local government shall submit to the Secretary the progress of that entity toward achieving the performance measures under subsection (c)(7); and

“(2) the Secretary shall—

“(A) submit to Congress a report that includes the results of the reporting under paragraph (1); and

“(B) make publicly available on the internet the report under subparagraph (A) and any accompanying data.”.

(b) Highway metropolitan planning coordination.—Section 134(h)(2)(B) of title 23, United States Code, is amended by adding at the end the following:

“(iii) MULTIMODAL TRANSPORTATION ACCESSIBILITY PERFORMANCE TARGETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7).”.

(c) Public transportation metropolitan planning coordination.—Section 5303(h)(2)(B) of title 49, United States Code, is amended by adding at the end the following:

“(iii) MULTIMODAL TRANSPORTATION ACCESSIBILITY PERFORMANCE TARGETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7) of title 23.”.

(a) In general.—The Secretary of Transportation (referred to in this section as the “Secretary”), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish a program (referred to in this section as the “program”) to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected, economically prosperous, and environmentally and physically healthy communities that—

(1) avoid displacement of the current population; and

(2) maximize high-quality jobs in the United States that pay family-sustaining wages.

(b) Purposes.—The purposes of the program are—

(1) to identify innovative solutions to infrastructure challenges, including reconnecting communities that—

(A) are bifurcated by infrastructure such as highways or viaducts;

(B) lack safe, reliable, and affordable transportation choices; or

(C) have been disconnected due to natural disasters, in particular, communities in areas that are being harmed the most by climate change; and

(2) to inform the transportation planning and project life cycle by actively encouraging community input and feedback.

(c) Application.—To be eligible to receive technical assistance under the program, a local community described in subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

(1) a description of the “community team” that will participate in the program, which shall consist of—

(A) elected officials;

(B) senior transportation professionals;

(C) State workforce development boards or local workforce development boards; and

(D) a cross-section of residents of the local community;

(2) a description of a neighborhood infrastructure challenge, including all modes and users of transportation, in the local community that limits access to social or economic centers or other essential services;

(3) an explanation of the goals the local community aims to achieve with assistance under the program; and

(4) letters of support from the applicable State department of transportation and other entities, such as community groups, transit agencies, port authorities, metropolitan planning organizations, and political subdivisions of State and local governments.

(d) Priority.—In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged.

(e) Technical assistance.—The Secretary shall provide to a local community that is selected to participate in the program—

(1) technical assistance to inform, prepare, and enable the local community to better engage in—

(A) Federal transportation planning;

(B) programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions;

(C) the environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(D) life-cycle analysis of a prospective project;

(E) Federal assistance programs; and

(F) policies that maximize the creation of high-quality jobs in the United States; and

(2) technical expertise through representatives from regional and national design, architecture, engineering, and planning firms and public, private, and nonprofit land use professionals.

(f) Funding.—The Secretary shall use not less than 10 percent of the amounts made available to carry out section 144 for each fiscal year to carry out the program.

(a) Establishment.—

(1) IN GENERAL.—The Secretary of Transportation (referred to in this section as the “Secretary”), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture shall carry out a competitive grant program to be known as the “Connect Communities Program” (referred to in this section as the “program”) to provide grants for projects to create connected, economically prosperous, and environmentally and physically healthy communities in—

(A) areas that are economically disadvantaged, including areas that have experienced levels of poverty of 20 percent or more, high levels of outmigration, and high levels of deindustrialization;

(B) areas that currently lack accessible and affordable transportation options in terms of—

(i) lack of access to jobs and services; and

(ii) lack of physical accessibility;

(C) neighborhoods bifurcated by large-scale infrastructure projects; or

(D) areas that have been negatively impacted by climate change.

(2) GOALS.—The goals of the program are—

(A) to reduce the cost of construction, operations, and maintenance of arterial highways;

(B) to demonstrate the social, economic, and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard;

(C) to improve neighborhood connectivity, including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility;

(D) to increase the total acreage of land within the project corridor returned to productive use, including commercial, residential, recreational, and habitat restoration uses;

(E) to improve the resiliency and reduce the environmental impact of existing infrastructure assets; and

(F) to increase the connectivity of disadvantaged communities to economic opportunity.

(b) Eligibility.—

(1) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under the program is—

(A) a State (as defined in section 101(a) of title 23, United States Code) or any other territory or possession of the United States;

(B) an Indian Tribe;

(C) a unit of local government;

(D) a political subdivision of a State or local government;

(E) a transit agency;

(F) a metropolitan planning organization;

(G) a nonprofit organization, including a community mission-based organization;

(H) a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702));

(I) a special purpose district or public authority with a transportation function, including a port authority;

(J) a Federal land management agency that applies jointly with a State or group of States; or

(K) a multistate or multijurisdictional group of entities described in subparagraphs (A) through (J).

(2) ELIGIBLE PROJECTS.—A project eligible to be carried out with funds from a grant provided under the program is—

(A) a project for community-based redevelopment, rehabilitation, or replacement of infrastructure, including—

(i) the removal of a limited access highway, a viaduct or overpass, an Interstate route, an interchange, a bridge, or any other principal arterial facility that has—

(I) historically had detrimental effects on minority and low-income communities; or

(II) created barriers to community connectivity due to high speeds, grade separations or other design factors; and

(ii) if necessary to achieve the purposes of the program, road realignment or new construction;

(B) a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment, rehabilitation, or replacement of infrastructure;

(C) a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes 1 or more of—

(i) transit-supportive, accessible, mixed-use development (including commercial development, affordable and accessible housing, and market-rate housing) that is within 2 miles of and accessible to 1 or more public transportation facilities that—

(I) achieve compliance with—

(aa) applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and

(bb) the most recent public rights-of-way accessibility guidelines developed by the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)); and

(II) are connected with high frequency to job centers;

(ii) the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and

(iii) an increase in access to transit hubs for pedestrian and bicycle traffic;

(D) a public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that will achieve the purposes of the program, including—

(i) an investment in intermodal projects; and

(ii) a new fixed guideway capital project or a small start project (as those terms are defined in section 5309(a) of title 49, United States Code), if a grant under the program will expedite the completion of the project and the entry into revenue service of the project;

(E) a passenger rail transportation project that achieves the purpose of the program;

(F) a project to improve the resiliency of infrastructure against natural disasters;

(G) a project to reduce the environmental impact of existing infrastructure assets;

(H) a project to bring a community into compliance with the performance measures established under section 150(c)(7) of title 23, United States Code; and

(I) any other project that the Secretary determines would achieve the purpose of the program.

(3) ELIGIBLE AREAS.—An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1).

(c) Applications.—

(1) IN GENERAL.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

(A) a project plan developed with assistance under section 143 or independently, as applicable;

(B) a description of how the project meets the criteria described in subsection (d);

(C) a certification that the eligible entity has solicited public comments on the project plan that includes—

(i) a certification that the eligible entity has held 2 or more public hearings, at least 1 of which was held outside of standard business hours in a location that was open and accessible to the community in which the proposed project is located;

(ii) a description of the process for receiving public comments, including involvement of residents and stakeholders in the community in which the project will occur;

(iii) a summary of the comments received; and

(iv) such other information as the Secretary may require;

(D) a description of how the grant would be used and the current status of project planning;

(E) a description of how the project will address the purposes of the program, including plans to avoid displacement of current residents in the project area;

(F) a description of how the eligible entity will prioritize the well-being and advancement of disadvantaged populations through the project and as an outcome of the project;

(G) an assessment of—

(i) the accessibility of employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers, within the area to public transportation facilities and nearby affordable housing; and

(ii) how the proposed project will relate to identified needs in those areas;

(H) an assessment of transportation options in the area, including—

(i) public transportation options;

(ii) options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and

(iii) any obstacles to providing access to locations that offer employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers;

(I) an assessment of methods for lowering the combined cost of housing and transportation for families in the region, particularly for families that utilize workforce housing and for low-, very low-, and extremely low-income families;

(J) an assessment of how the project will revitalize existing communities, including—

(i) the approximate number of jobs the project will create;

(ii) the services the project will deliver to workers and the community; and

(iii) any antidisplacement efforts that will be included in the project;

(K) a plan for evaluating progress in increasing opportunities for and improvements to the quality of life for disadvantaged populations and the broader community in which the project is completed; and

(L) information about the status of applicable Federal environmental reviews and approvals for the project, including reviews and approvals under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) MULTIPLE PROJECTS.—An eligible entity may submit an application for multiple projects in 1 application.

(3) DEFINITION OF WORKFORCE HOUSING.—For the purpose of paragraph (1)(I), the term “workforce housing” means housing, the cost of which does not exceed 30 percent of—

(A) the amount equal to 120 percent of the median income in the area, as determined by the Secretary, with appropriate adjustments for the size of the family; or

(B) if the Secretary determines that there are unusually high or low incomes in the area, another amount, as determined by the Secretary.

(d) Selection.—

(1) IN GENERAL.—The Secretary shall select projects to receive grants under the program based on—

(A) how the project will contribute to a state of good repair for infrastructure assets;

(B) how the project would increase economic competitiveness, including the effects of revitalizing communities, neighborhoods, and commercial centers supported by existing infrastructure;

(C) how the project will support environmental protection, including resiliency, by increasing demand for nonmotorized transportation and public transportation;

(D) how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced;

(E) the anticipated effects on quality of life for all residents in the project area;

(F) whether the project uses innovative strategies, including innovative technologies, innovative project delivery, or innovative financing;

(G) the extent to which the project—

(i) is supported by a broad range of stakeholders;

(ii) demonstrates collaboration among neighboring and regional jurisdictions; and

(iii) is coordinated with projects with similar objectives, such as projects for economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband, and land use plans and policies;

(H) how the project will increase non-Federal revenue for transportation infrastructure investment;

(I) demonstrated project readiness, including use of technical assistance under section 143; and

(J) the costs and benefits of the project.

(2) PRIORITY.—The Secretary shall give priority to projects that have been developed under the technical assistance program under section 143.

(e) Distribution of grants.—

(1) IN GENERAL.—In providing grants under the program, the Secretary shall ensure—

(A) an equitable geographic distribution of funds; and

(B) an appropriate balance in addressing the needs of urban, suburban, rural, and Tribal communities.

(2) LIMITATION.—For each fiscal year, the Secretary shall ensure that the total amount of funds provided through grants under the program for each State is not more than $150,000,000.

(f) Amount of grant.—

(1) IN GENERAL.—Except as provided in paragraph (2) and subject to subsection (e)(2), a grant provided under the program shall be in an amount that is not less than $5,000,000.

(2) RURAL AND TRIBAL AREAS.—In the case of a project in a rural area (as defined in section 101(a) of title 23, United States Code), or in a Tribal area, a grant provided under the program shall be in an amount that is not less than $1,000,000.

(g) Use of funds.—

(1) IN GENERAL.—Subject to paragraph (2), an eligible entity that receives a grant under the program may use the grant funds for—

(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; and

(B) construction, reconstruction, rehabilitation, replacement, acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment.

(2) LIMITATION.—Not more than 20 percent of the amount of the grant may be used for the activities described in paragraph (1)(A).

(h) Federal share.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent.

(2) HARDSHIP AREAS.—The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent if the Secretary identifies the area in which the project will be carried out as a hardship area, as determined by the Secretary.

(i) TIFIA program.—On the request of an eligible entity, the Secretary may use 5 percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide Federal credit assistance under chapter 6 of title 23, United States Code, for the project.

(j) Standards.—Notwithstanding any other provision of law, a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section 109(b) of title 23, United States Code.

(k) Performance measures.—

(1) IN GENERAL.—For each year until the project is completed, each eligible entity that receives a grant under the program shall agree to establish, in coordination with the Secretary, performance measures and reporting requirements in addition to measures and requirements under this section that shall be met at the end of each year in which the eligible entity receives funds under the grant program.

(2) VIOLATION OF GRANT AGREEMENT.—If the Secretary determines that an eligible entity has not met the performance measures established under paragraph (1), is not making reasonable progress toward meeting those measures, or is otherwise in violation of the grant agreement, the Secretary may—

(A) withhold additional financial assistance until the performance measures are met; or

(B) terminate the grant agreement.

(l) Community Advisory Board.—

(1) IN GENERAL.—For each project carried out with a grant under the program, the eligible entity shall form a community advisory board.

(2) COMPOSITION.—A community advisory board shall be composed of representatives of—

(A) the relevant State and units of local government;

(B) the relevant State workforce development board or local workforce development board;

(C) relevant metropolitan planning organizations;

(D) labor organizations;

(E) residents or organizational representation of the area in which the project is occurring; and

(F) any other relevant representatives important to the implementation of the project, such as a county board of developmental disabilities, as determined by the eligible entity, in coordination with the Secretary.

(3) DUTIES.—A community advisory board shall, with respect to the applicable project—

(A) ensure community engagement, transparency, and accountability in carrying out each stage of the project; and

(B) track, evaluate, and report progress on clear and meaningful indicators related to—

(i) targeted hiring commitments;

(ii) quality wage, benefits, and training commitments;

(iii) goals for participation by small businesses and businesses in accordance with section 123(b) in the project;

(iv) progress made on the objectives of the program as described in subsection (a); and

(v) any other relevant areas, as determined by the eligible entity, in coordination with the Secretary.

(4) STIPEND.—The eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives, on approval by the Secretary.

(m) Reports.—

(1) IN GENERAL.—Not less frequently than once each year, each eligible entity that receives a grant under the program, in coordination with the applicable community advisory board under subsection (l), shall submit to the Secretary periodic reports on the use of the grant funds.

(2) CONTENTS.—A periodic report under paragraph (1) shall include—

(A) the amount of Federal funds received, obligated, and expended by the eligible entity under the program;

(B) the number of projects that have been put out to bid using the grant funds and the amount of Federal funds associated with each project;

(C) the number of projects for which contracts have been awarded for the project carried out under the program and the amount of Federal funds associated with the contracts;

(D) the number of projects for which work has begun under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts;

(E) the number of projects for which work has been completed under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts;

(F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the program and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including—

(i) the number of job-years created and the total increase in employment in the project area since the date of enactment of this Act; and

(ii) information on local hiring, hiring of economically disadvantaged individuals, and hiring of individuals with a barrier to employment (including ex-offenders) and disabled individuals, with respect to the project;

(G) an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses;

(H) suggestions for improvements in transportation accessibility for disadvantaged populations, based on criteria developed by the Secretary; and

(I) any other criteria the Secretary determines to be appropriate.

(3) REPORT TO CONGRESS.—Each fiscal year, the Secretary shall transmit to Congress the reports received by the Secretary under paragraph (1).

(4) GAO REPORT ON INFRASTRUCTURE REMOVALS.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on infrastructure removal, including—

(A) an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program;

(B) an evaluation of the effect of infrastructure removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people;

(C) an analysis of the costs and benefits of removing underutilized infrastructure assets that are nearing the end of the useful life of the assets compared to replacing or reconstructing the assets; and

(D) recommendations for integrating the findings and results under subparagraphs (A) through (C) into infrastructure planning and decisionmaking processes.

(n) Funding.—There is authorized to be appropriated to carry out the program $5,000,000,000 for each of fiscal years 2022 through 2026.

SEC. 201. Building American Infrastructure and Careers Program.

SEC. 202. Infrastructure workforce equity capacity building program.

SEC. 203. Authorization of appropriations.

SEC. 301. Wage rate.

SEC. 302. Raise labor standards, improve working conditions, and strengthen workers’ bargaining power.

(a) Definitions.—In this section:

(1) BUY AMERICA LAW.—The term “Buy America law” means—

(A) section 313 of title 23, United States Code;

(B) section 5323(j) of title 49, United States Code;

(C) section 22905(a) of title 49, United States Code;

(D) section 50101(a) of title 49, United States Code;

(E) section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388); and

(F) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)).

(2) DIRECTOR.—The term “Director” means the Director of the Buy America Bureau established by subsection (b).

(b) Establishment.—There is established in the Department of Commerce an office, to be known as the “Buy America Bureau”.

(c) Leadership.—The Buy America Bureau shall be headed by a Director, who shall—

(1) be appointed by the Secretary of Commerce; and

(2) report to the Secretary of Commerce.

(d) Duties.—The Director shall—

(1) establish a program to certify and conduct oversight of third-party auditors that work with entities that receive assistance under a covered infrastructure program to ensure compliance with Buy America laws;

(2) establish guidelines for ensuring transparency in the Buy America auditing process under paragraph (1), including—

(A) the use of and fulfillment of requests pursuant to section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”); and

(B) the disclosure of information relating to a Buy America audit by third-party auditors under paragraph (1);

(3) establish guidelines to support the establishment, strengthening, and oversight of compliance with Buy America laws, taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created;

(4) establish a clearinghouse website to make publicly available information on—

(A) Buy America audits conducted by third-party auditors under paragraph (1);

(B) third-party auditors that have received a certification from the Director under paragraph (1); and

(C) requested waivers of Buy America laws under covered infrastructure programs; and

(5) submit to Congress an annual report on—

(A) waivers from a Buy America law that have been requested;

(B) waivers from a Buy America law that have been granted; and

(C) any supply chain gaps in the United States that may need to be addressed to improve compliance with Buy America laws without a waiver.