[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5780-S5781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2444. Mrs. GILLIBRAND (for herself, Mr. Merkley, Mr. Durbin, Mr. 
Booker, Mr. Sanders, Mr. Padilla, Mr. Markey, Ms. Warren, and Mrs. 
Feinstein) submitted an amendment intended to be proposed to amendment 
SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. 
Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title I of division A, add the following:

  Subtitle F--Apprenticeship Utilization, Respectful Workplaces, and 
                     Mandatory Supportive Services

     SEC. 11601. APPRENTICESHIP UTILIZATION.

       (a) Definitions.--In this section:
       (1) Apprenticeship employment goal.--The term 
     ``apprenticeship employment goal'' means the utilization of 
     qualified apprentices for--
       (A) not less than 15 percent of the total labor hours used 
     for construction activities for a project; or
       (B) in any case where a higher qualified apprentice 
     utilization is locally stipulated by a labor agreement or 
     local requirement, the stipulated higher amount or 
     percentage.
       (2) Covered grant.--The term ``covered grant'' means a 
     grant under section 117 or 173 of title 23, United States 
     Code.
       (3) Qualified apprentice.--The term ``qualified 
     apprentice'' means an employee participating in a registered 
     apprenticeship program.
       (4) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program that--
       (A) is registered with the Office of Apprenticeship of the 
     Employment Training Administration of the Department of Labor 
     or a State apprenticeship agency recognized by such Office of 
     Apprenticeship pursuant to the Act of August 16, 1937 
     (commonly known as the ``National Apprenticeship Act''; 50 
     Stat. 664, chapter 663; (29 U.S.C. 50 et seq.)); and
       (B) satisfies the requirements of subpart A of part 29 and 
     part 30 of title 29, Code of Federal Regulations or any 
     successor regulations.
       (b) Requirement.--
       (1) Certification requirement.--To be eligible to receive a 
     covered grant, each applicant shall include in a grant 
     application a certification that the applicant will ensure 
     that any contractor or subcontractor utilized in carrying out 
     activities with the covered grant--
       (A) meets or exceeds the apprenticeship employment goal;
       (B) to the extent practicable, employs qualified 
     apprentices from traditionally underrepresented populations 
     in meeting or exceeding the apprenticeship employment goal; 
     and
       (C) notwithstanding any local-hire goals that apply, makes 
     best efforts to meet project-wide, annually updated 
     participation goals set by the applicant for the percentage 
     of total work-hours that are performed at apprentice-level 
     and journey-level by historically underrepresented 
     populations; and
       (D) tracks ongoing progress toward the participation goals 
     described in subparagraphs (A) and (C).
       (2) Exceptions.--The Secretary may adjust the requirements 
     under paragraph (1) for an applicant for a covered grant if 
     the applicant provides documentary evidence that--
       (A) demonstrates a lack of availability of qualified 
     apprentices in a specific geographic area; and
       (B) makes a good faith effort to comply with the 
     requirements.
       (c) Regulations.--The Secretary, in collaboration with the 
     Secretary of Labor, as appropriate, may issue such 
     regulations or other guidance, forms, instructions, and 
     publications as may be necessary or appropriate to carry out 
     the requirements and oversight of this section, including--
       (1) penalties for noncompliance with the requirement of 
     subsection (b)(1)(A);
       (2) reporting requirements for recipients of covered 
     grants; and
       (3) guidance on--
       (A) setting participation goals under subsection (b)(1)(C) 
     that take into account the proportion of individuals in each 
     population in the relevant recruitment area that are 
     qualified for the apprenticeship or trade; and
       (B) ensuring that the participation goals under subsection 
     (b)(1)(C) do not supersede any higher goals otherwise 
     required by law, contract, or policy.
       (d) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the use of qualified 
     apprentices for projects carried out with covered grants that 
     includes--
       (1) the total number of labor hours fulfilled by qualified 
     apprentices and historically underrepresented populations;
       (2) the total number of qualified apprentices and 
     historically underrepresented populations employed;
       (3) the total number of covered grant recipients that met 
     or exceeded the apprenticeship employment goal and the goals 
     for the percentage of total workhours performed by 
     historically underrepresented populations under subsection 
     (b)(1)(C);
       (4) best practices used by covered grant recipients that 
     met or exceeded the apprenticeship employment goal and the 
     goals for the percentage of total workhours performed by 
     historically underrepresented populations under subsection 
     (b)(1)(C); and
       (5) a summary of agency oversight of the fulfillment of 
     certification terms under this section by covered grant 
     recipients.
       (e) Public Transparency.--
       (1) In general.--At the end of each fiscal year, the 
     Secretary shall make available on a public website 
     information on the use of qualified apprentices in the 
     preceding fiscal year for each covered grant program, 
     including--
       (A) the total number of covered grant applicants that 
     certified that the covered grant applicant would be able to 
     meet or exceed the apprenticeship employment goal under 
     subsection (b);
       (B) the total number of covered grants provided for 
     applicants described in subparagraph (A); and
       (C) for each covered grant provided, data on the progress 
     of the grant recipient toward meeting the requirement under 
     subsection (b)(1)(A) and achieving participation goals under 
     subsection (b)(1).
       (2) Progress data.--The Secretary shall make the 
     information described in paragraph (1)(C) available on a 
     public website on a monthly basis.

     SEC. 11602. RESPECTFUL WORKPLACES.

       (a) In General.--Notwithstanding any other provision of 
     law, a contractor or subcontractor used in carrying out a 
     project or activity that receives funds under section 117 or 
     173 of title 23, United States Code, shall--
       (1) make best efforts to institute respectful workplace 
     policies; and
       (2) provide effective, ongoing workplace training to create 
     safe, respectful work sites that are free from bullying, 
     hazing, discrimination, or harassment.
       (b) Coordination.--The Secretary shall coordinate as 
     necessary with the Secretary of Labor to promote that 
     contractors and subcontractors described in subsection (a) 
     comply with that subsection.

[[Page S5781]]

  


     SEC. 11603. MANDATORY SUPPORTIVE SERVICES.

       Section 140 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(e) Mandatory Supportive Services.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible individual.--
       ``(i) In general.--The term `eligible individual' means an 
     individual described in clause (ii) that--

       ``(I) is participating in a project under this title; and
       ``(II) can demonstrate a need for supportive services, as 
     determined by the State department of transportation.

       ``(ii) Individuals described.--An individual referred to in 
     clause (i) is--

       ``(I) a participant in a pre-apprenticeship or 
     apprenticeship-readiness program;
       ``(II) an apprentice; or
       ``(III) a worker in a construction trade on a project under 
     this title.

       ``(B) Supportive service.--The term `supportive service' 
     means--
       ``(i) a pre-apprenticeship or apprenticeship-readiness 
     program that has a written agreement with one or more 
     registered apprenticeship programs (as defined in section 
     11601 of the Infrastructure Investment and Jobs Act);
       ``(ii) transportation;
       ``(iii) child care and dependent care;
       ``(iv) housing;
       ``(v) food and nutrition services;
       ``(vi) health and mental health care support, including 
     substance use disorder treatment;
       ``(vii) access to the internet;
       ``(viii) needs-related payments;
       ``(ix) tools;
       ``(x) workwear;
       ``(xi) retention services (including support groups, 
     mentoring, or peer networking); and
       ``(xii) support to pay the costs of application fees and 
     other costs of entering registered apprenticeship programs 
     (as defined in section 11601 of the Infrastructure Investment 
     and Jobs Act) and required pre-employment training.
       ``(2) Authorization.--The Secretary, in cooperation with 
     the Secretary of Labor and any other Federal agency, State 
     agency, authority, association, institution, Indian Tribe or 
     Tribal organization, for-profit or nonprofit corporation, and 
     any other organization or person, shall establish and carry 
     out a program to provide supportive services to eligible 
     individuals in order to increase State-wide capacity to 
     provide opportunities for underrepresented groups to work in 
     infrastructure project construction jobs, with a special 
     emphasis on maximizing opportunities for women, people of 
     color, and individuals with barriers to employment.
       ``(3) State obligation.--For fiscal year 2023 and each 
     fiscal year thereafter, a State shall obligate not less than 
     \1/2\ of 1 percent of the amounts apportioned to the State 
     under section 104(b) for supportive services for eligible 
     individuals.
       ``(4) Nonapplicability of title 41.--Section 6101 of title 
     41 shall not apply to contracts and agreements made under the 
     authority granted to the Secretary under this subsection.''.
                                 ______