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

1,127 words·~5 min read·/bill/118/hr/4052/ih/section-213·

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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 in any State where a construction contract financed by the Bank exceeds $35 million, 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 14063). In States in which project labor agreements are prohibited by law and are below the limit for a project, projects financed by the Bank pursuant to the Act shall permit voluntary collective bargaining of such agreements. The provisions of section 70914 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) shall apply both to the Bank directly and to all contractually permitted uses of its infrastructure loans. In cases where the acquisition of needed goods would otherwise require a waiver, the Bank may undertake to stimulate new domestic production of the goods in question through the provision of loans to private sector companies to produce the goods in accordance with section 205(d)(1)(L) of this Act. 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 titles VI and VII of the Civil Rights Act of 1964 as to hiring and awarding contracts to build projects. The Bank will implement said laws, in part, by including language in loan agreements to require contracted work financed in whole or in part by the Bank to include an equal opportunity clause as set out in section 60–1.4 of title 41 of the Code of Federal Regulations. The Bank, along with contractors and subcontractors on infrastructure projects financed directly by, or assisted in whole or in part by the Bank, shall comply with section 47113 of title 49, United States Code, section 632 of title 15, United States Code, and title I of division A of Public Law 117–58 , so that not less than 10 percent of amounts financed by the Bank shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals, including women, or qualified Disadvantaged Business Enterprises or HUBZone small business concerns. The Bank, along with contractors and subcontractors on infrastructure projects financed directly by, or assisted in whole or in part by the Bank, shall comply with sections 70914 and 100602 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) to implement a local, rural, or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. The Bank shall comply with section 13007 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), to aid in promoting the education, training, and hiring of workers in all occupational fields of endeavor utilized, directly or indirectly, by projects financed by the Bank. The Bank shall comply with coordination or non-duplication requirements mentioned in sections 11201, 11402, 11501(c), 22301(b), 22910, 23014, 25003, 25008, 25009(h)(3)(A), 25010, 25012, 30002, 40108, 40113, 40121, 40125, 40321, 40328, 40431, 40522, 40902, 40908, 50102, 50204, 50210, 50216–27, 60102, 60201, and 60503 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), to coordinate the planning and management of all infrastructure projects financed by the Bank with Federal and non-Federal agencies providing grants, loans, or other means of financing, Metropolitan and Rural Planning Organizations, Regional Accelerator Planning Groups, state and local governments, scientific centers, and the public, to ensure complete and optimal planning and project rollout, at minimum cost, with no duplication of effort. 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. Multi-Family Housing Rental Assistance. Electric Infrastructure Loans & Loan Guarantees. Rural Broadband Access, and Telecommunications Infrastructure Loans & Guarantees. Water & Waste Disposal Loans & Grants. 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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