Notice2022-02874
Rescission: Equitable Economic Recovery and Workforce Development Through Construction Hiring Pilot Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Effective
February 10, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
As a result of a provision in the Bipartisan Infrastructure Law, enacted as the Infrastructure Investment and Jobs Act, that authorizes a recipient or subrecipient of a grant provided under title 23 or 49, United States Code, to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant subject to applicable State and local laws, FTA is rescinding the Equitable Economic Recovery and Workforce Development Through Construction Hiring Pilot Program (Pilot Program).
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7897-7898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02874]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2022-0009]
Rescission: Equitable Economic Recovery and Workforce Development
Through Construction Hiring Pilot Program
AGENCY: Federal Transit Administration, Department of Transportation
(DOT).
ACTION: Notice.
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SUMMARY: As a result of a provision in the Bipartisan Infrastructure
Law, enacted as the Infrastructure Investment and Jobs Act, that
authorizes a recipient or subrecipient of a grant provided under title
23 or 49, United States Code, to implement a local or other
geographical or economic hiring preference relating to the use of labor
for construction of a project funded by the grant subject to applicable
State and local laws, FTA is rescinding the Equitable Economic Recovery
and Workforce Development Through Construction Hiring Pilot Program
(Pilot Program).
DATES: Effective February 10, 2022.
FOR FURTHER INFORMATION CONTACT: Dana Nifosi, Deputy Chief Counsel,
Federal Transit Administration, 1200 New Jersey Ave. SE, Washington, DC
20590, 202-366-4011.
SUPPLEMENTARY INFORMATION:
Background: On May 21, 2021, FTA announced an initiative to permit
FTA recipients and subrecipients to utilize geographic, economic, or
other hiring preferences on FTA-funded
[[Page 7898]]
construction projects. (86 FR 27672). The initiative was carried out as
a pilot program for a period of four years and the purpose of the
program was to provide flexibility to utilize hiring preferences to
promote equitable creation of employment opportunities and workforce
development activities, particularly for economically or socially
disadvantaged workers, while evaluating the impact of such preferences
on full and open competition and project delivery. This initiative
implemented Section 199B of the Consolidated Appropriations Act, 2021
(Pub. L. 116-260), a provision that has been included in prior
Appropriations Acts since Fiscal Year (FY) 2016 that authorizes the
Secretary to permit States and local governments to implement
geographic, economic, or other hiring preferences not otherwise
authorized by law, subject to certain mandatory certifications that the
recipient must make. Through this Pilot Program, FTA also intended to
exercise flexibility recently granted to Federal agencies by the Office
of Management and Budget (OMB) to support recipients and subrecipients
in achieving equitable economic recovery from the COVID-19 pandemic.
Additionally, the pilot program advanced Executive Order 13985,
``Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government,'' issued on
January 20, 2021, by supporting workers in overcoming barriers to
obtaining successful, long-term careers in the transit construction
industry.
Reason for Recission: Section 25019 of the Bipartisan
Infrastructure Law (Section 25019), enacted as the Infrastructure
Investment and Jobs Act (Pub. L. 117-58), authorizes recipients or
subrecipients of Federal funds under title 23 or 49, United States
Code, to implement certain hiring preferences related to the use of
labor for construction projects. Specifically, Section 25019 provides
that a ``recipient or subrecipient of a grant provided by the Secretary
under title 23 or 49, United States Code, may implement a local 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.'' In addition, this provision specifically
states that the use of such preferences ``shall not be considered to
unduly limit competition.'' Therefore, FTA will not engage in or have a
role in evaluating the effects on competition, if any, of labor or
hiring preferences expressly authorized by Section 25019.
FTA has determined that because Section 25019 provides an express
authorization for FTA recipients and subrecipients to utilize a local
or other geographical or economic hiring preference relating to the use
of labor for the construction of a project funded under title 49,
United States Code, FTA recipients and subrecipients no longer must
request approval from FTA through the Pilot Program to utilize such
preferences. Additionally, the certification requirements of Section
199B of the Consolidated Appropriations Act, 2021 do not apply to
hiring preferences authorized by Section 25019 because such
requirements only apply to hiring preferences ``not otherwise
authorized by law.''
FTA has determined there are no hiring preferences eligible for FTA
approval under the Pilot Program that are not authorized by Section
25019, and so such preferences going forward are subject to Section
25019, not Section 199B of the Consolidated Appropriations Act, 2021.
Accordingly, FTA has concluded that the Pilot Program no longer is
necessary, and hereby rescinds it.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-02874 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on February 10, 2022.
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