Sec. 2605. U.S. Employment Plan
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Chapter 53 of title 49, United States Code, is amended by adding at the end the following: In this section: The term commitment to high-quality career and business opportunities means participation in a registered apprenticeship program. The term covered infrastructure program means any activity under program or project under this chapter for the purchase or acquisition of rolling stock. 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— include in a request for proposal an encouragement for bidders to include, with respect to the project— high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and a commitment to recruit and hire individuals described in subsection
(e)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; 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 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. 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 29 and 30 of title 29, Code of Federal Regulations, as in effect on January 1, 2019. To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged— 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 technical criteria prioritized in the bid, such as— equity; environmental and climate justice; impact on greenhouse gas emissions; resilience; the results of a 40-year life-cycle analysis; safety; commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs (as defined in subsection (a)(3)) for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and access to jobs and essential services by all modes of travel for all users, including disabled individuals; and to ensure community engagement, transparency, and accountability in carrying out each stage of the project. 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. 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 $10,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate. The head of the relevant Federal agency shall ensure that the entity carrying out a project under the covered infrastructure program gives priority to— 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; veterans; and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities. 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. It is the intent of Congress— to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection
(b)for the purchase of goods and services; to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs as described in subsection
(c)when evaluating bids for projects using that assistance; 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 that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies. A best-value contracting framework described in subsection
(b)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. In awarding grants under this section, the Secretary shall give priority to eligible entities that— ensure that not less than 50 percent of the workers hired to participate in the job training program are hired through local hiring in accordance with subsection (e), including by prioritizing individuals with a barrier to employment (including ex-offenders), disabled individuals (meaning an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ))), veterans, and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce; or ensure the commitments described in clauses
(i)and
(ii)of subsection (a)(2)(A) with respect to carrying out the job training program. . The analysis for chapter 53 of title 49, United States Code, is amended by adding at the end the following: 5341. U.S. Employment Plan. .
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