Sec. 213. Status and applicability of certain Federal and State laws

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As soon as practicable after being established, the Bank shall apply for a national bank charter. All laborers and mechanics employed by contractors and subcontractors on infrastructure projects funded directly by or assisted in whole or in part by and through the Bank pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code.

With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. In States in which project labor agreements are authorized or encouraged (in which contractors enter into binding, pre-hire agreements with labor unions in the construction industry), recipients of financial assistance made available under this Act must comply with such agreements (in accordance with subsections

(e)and

(f)of section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) and Executive Order 13502). In States in which project labor agreements are prohibited by law to be required for a project, projects financed by the Bank pursuant to the Act shall permit voluntary collective bargaining of such agreements. The Bank, along with contractors and subcontractors on infrastructure projects funded directly by, or assisted in whole or in part by the Bank, shall comply with title VI of the Civil Rights Act of 1964 as to hiring and awarding contracts to build projects. None of the financing provided by the Bank may be used for an infrastructure project unless all of the iron, steel, cement, and manufactured goods used in construction, alteration, maintenance, repair, or equipping of the project are produced within the United States. During the application process for a loan under this Act, a request for a waiver to the requirements of the preceding sentence by reason of the public interest, or on account of unavailability or unsatisfactory quality of domestically produced goods, can be considered only if there is clear demonstration that jobs in the United States would not be lost due to the waiver. Projects receiving financial assistance from the Bank shall comply with applicable provisions of Federal law and regulation, including— for transit, requirements that would apply to a project receiving funding under section 5307 or 47113 of title 49, United States Code; for public housing, requirements that would apply to a project receiving funding from a grant under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ); for publicly assisted affordable housing, requirements that would apply to the preservation of such housing under other provisions of law governing such housing; for roads and bridges, requirements that would apply to a project that receives funds under section 104(b)(3) of title 23, United States Code, or section 47113 of title 49, United States Code, and meets the goals under section 150(b) of title 23, United States Code; for freight and passenger rail projects, requirements that would apply to a project that receives funds under subtitle V of title 49, United States Code; for airport and air traffic control projects, requirements that would apply to a project that receives funds under chapters 471 and 501 of title 49, United States Code, or section 47113 of such title; for water, requirements that would apply to a project grant or loan under— section 103 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5303 ); section 1452 of the Public Health Service Act ( 42 U.S.C. 300j–12 ); or section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 ), as that section applied before the beginning of fiscal year 1995; and for rural development projects, requirements that would apply to a project financed by any of the following programs of the Department of Agriculture: Rural Economic Development Loans & Grants. Community Facilities Direct Loans & Grants. Single- and Multi-Family Housing Repair and Rental Assistance Loans & Grants. Electric Infrastructure Loans & Loan Guarantees. Rural Broadband Access, and Telecommunications Infrastructure Loans & Guarantees. Water & Waste Disposal Loans & Grants. Notwithstanding any other provision of law, the Bank shall determine the appropriate Federal share of funds, subject to loan approval by the Bank, and the availability of such Federal funding, for each project described in subsection

(f)for purposes of this title. The provision of assistance by the Board in accordance with this Act shall not be deemed to relieve any recipient of assistance or the related infrastructure project of any obligation to obtain required State and local permits and approvals.

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