Sec. 8. Labor and Buy America provisions
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In carrying out their respective authorities under this Act, the Authority and each eligible entity — shall ensure that construction materials and manufactured products used are— substantially manufactured, mined, and produced in the United States in accordance with section 8302 of title 41, United States Code (including the amendments to that section made by the Build America, Buy America Act (subtitle A of title IX of division G of the Infrastructure Investment and Jobs Act ( 41 U.S.C. 8301 note;
Public Law 117–58 ))); and to protect workers and residents, included in the Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing list (or a successor document) developed under the Environmentally Preferable Purchasing Program of the Environmental Protection Agency; shall ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction, prosecution, completion, or repair work carried out, in whole or in part, with assistance made available under this Act, including negotiable instruments described in section 4(d), shall be paid wage 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 31 of title 40, United States Code; with respect to any construction project for which the total estimated cost of the construction is $25,000,000 or more, shall ensure each contractor and subcontractor engaged in the construction on the project agrees, for the project, to negotiate or become a party to a project labor agreement as that term is defined in section 22.502 of title 48, Code of Federal Regulations (as in effect on the date of enactment of this Act); may not hire employees through a temporary staffing agency, unless the project is not being carried out under a project labor agreement and the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand; shall implement measures to ensure that outreach and recruitment efforts extend to local and underrepresented communities, including through support for pre-apprenticeship programs or the adoption of local hire provisions to the extent permitted by law; shall adopt— an explicit policy on any issue involving the organization of employees, including the employees of all contractors and subcontractors engaged in the construction on the project, for purposes of collective bargaining, not to deter the employees with respect to— labor organizing for the employees engaged; and the employees’ choice to form and join labor organizations; such policies that require— the posting and maintenance of notices in the workplace to notify the employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); that the employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under the National Labor Relations Act; and an employer to voluntarily recognize a labor organization in cases where a majority of the employees have joined and requested representation; and a safety and health program that includes all the core elements of a workplace safety and health program, as recommended by the Occupational Safety and Health Administration; shall consider an individual performing any service for the social housing provider, a contractor, or subcontractor as an employee, and not an independent contractor, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; the service is performed outside the usual course of the business of the social housing provider, contractor, or subcontractor, respectively; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service; and shall ensure that the installation, operation, and maintenance of electric vehicle chargers by qualified technicians meets the standards described in section 680.106(j) of title 23, Code of Federal Regulations, or any successor regulation.
A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirement under subsection (a)(7). With respect to the labor standards specified in subsection (a)(2), 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.
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- 64 Stat. 1267
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Sec. 8
Labor and Buy America provisions
Stat.64 Stat. 1267
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