S.Amdt. 2444

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.''.
______