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

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Bank, any entity that receives financial assistance from the Bank, and any contractor or subcontractor that receives funds from financial assistance provided by the Bank shall comply with all applicable Federal and State laws, including this section. The Bank shall require that an entity that receives financial assistance from the Bank shall— confirm compliance with applicable Federal and State laws in a loan agreement between the Bank and the entity; and ensure, through a written agreement, that contractors and subcontractors used by the entity for an infrastructure project carried out with that financial assistance are in compliance with applicable Federal and State laws.

All laborers and mechanics employed by contractors and subcontractors on infrastructure projects funded directly by or assisted in whole or in part by or 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 title 40, United States Code. With respect to the labor standards described in paragraph (1), 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. Any recipient of financial assistance from the Bank in a covered State shall, for purposes of an infrastructure project funded by such financial assistance, be a party to a project labor agreement with an applicable labor organization. Any recipient of financial assistance from the Bank in a State that is not a covered State shall, for purposes of the infrastructure project funded by such financial assistance, permit voluntary collective bargaining with respect to becoming a party to a project labor agreement.

For purposes of this subsection: The term covered State means a State in which— the laws of such State permit an entity to require project labor agreements; or the total amount of all construction contracts financed by the Bank in such State is not less than $35,000,000. The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ).

Section 70914 of the Infrastructure Investment and Jobs Act ( 41 U.S.C. 8301 note; Public Law 117–58 ) shall apply to the Bank, including financial assistance provided by the Bank. For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), of disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), on the basis of sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), programs and activities funded or otherwise financially assisted in whole or in part under this Act by the Bank, directly or indirectly, are considered to be education programs and activities receiving Federal financial assistance.

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 shall implement such titles, 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.

For each fiscal year, the Bank shall ensure that not less than 10 percent of the financial assistance provided by the Bank is expended through small business concerns owned and controlled by socially and economically disadvantaged individuals or qualified HUBZone small business concerns (as those terms are defined in section 47113(a) of title 49, United States Code). In providing financial assistance under this Act, the Bank shall ensure that recipients of financial assistance from the Bank implement a local, rural, or other geographic or economic hiring preference relating to the use of labor for construction of an infrastructure project funded by the assistance, including prehire agreements, subject to any applicable State and local laws, policies, and procedures, in partnership with a registered apprenticeship program (as defined in section 3131(e)(3)(B) of the Internal Revenue Code of 1986), if applicable, or with a State board or local board (as those terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )).

In carrying out paragraph (1), the Bank shall ensure that recipients of financial assistance from the Bank give priority in hiring 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.

To the maximum extent practicable, the Bank shall ensure that activities of the Bank are coordinated with, and do not duplicate the efforts of, any Federal or State department or agency. The provision of financial assistance by the Bank with respect to an infrastructure project does not relieve any recipient of the assistance of any obligation to obtain required State and local permits and approvals with respect to the infrastructure project.

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