Investing in America and Investing in American Workers, 73559-73564 [2024-20712]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Presidential Documents]
[Pages 73559-73564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20712]




                        Presidential Documents 



Federal Register / Vol. 89, No. 176 / Wednesday, September 11, 2024 / 
Presidential Documents

[[Page 73559]]


                Executive Order 14126 of September 6, 2024

                
Investing in America and Investing in American 
                Workers

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. The Federal Government has made 
                significant strides in implementing the Investing in 
                America agenda, a historic set of recently enacted laws 
                aimed at rebuilding American infrastructure, bringing 
                back American manufacturing, and catalyzing a clean 
                energy economy. That agenda has been furthered by 
                Executive Order 14082 of September 12, 2022 
                (Implementation of the Energy and Infrastructure 
                Provisions of the Inflation Reduction Act of 2022), and 
                Executive Order 14080 of August 25, 2022 
                (Implementation of the CHIPS Act of 2022). As 
                implementation of the Investing in America agenda 
                continues, it is essential that it supports the 
                creation of well-paying jobs, especially union jobs, 
                that improve opportunities for millions of Americans. 
                Investing in American workers is critical to growing 
                the economy equitably and resiliently, increasing our 
                Nation's competitiveness, and ensuring our Nation's 
                economic security. Workers understand the value of a 
                good job that provides economic security for them and 
                their families. Many companies also recognize that 
                providing good-quality jobs while promoting workers' 
                free and fair choice to join a union makes those 
                companies employers of choice, creating a clear 
                competitive advantage.

                The Federal Government has long promoted high labor 
                standards to ensure fair competition, stability, and 
                efficiency on federally assisted projects. The use of 
                high labor standards on federally assisted projects, 
                such as the use of prevailing wages, project labor 
                agreements, and equal employment opportunity policies, 
                dates back almost a century. These tools ensure timely 
                and economical completion of projects, provide a 
                reliable source of highly skilled workers, support 
                equitable workforce development, and improve worker 
                health and safety on the job, while also improving 
                outcomes for the communities in which projects are 
                located. But these tools can and should be employed to 
                a greater extent than they have been in the past.

                For instance, providing incentives for federally 
                assisted projects with high labor standards--including 
                those using collective bargaining agreements, project 
                labor agreements, and certain community benefits 
                agreements--drives efficient project completion while 
                also supporting high-quality jobs, worker safety, and 
                broader investment in communities. Ensuring that 
                workers on federally assisted projects are paid 
                competitive and equitable wages will enhance worker 
                productivity, generate higher-quality work, and reduce 
                turnover, providing value for taxpayers. Promoting 
                inclusivity, with equal opportunity for all qualified 
                workers, will help ensure that federally assisted 
                projects have the workforce needed to implement the 
                Investing in America agenda.

                Therefore, it is the policy of my Administration to 
                promote the creation of equitable workforce development 
                pathways for workers to obtain good jobs that pay 
                family-sustaining wages, provide critical benefits, 
                prevent workplace discrimination, ensure worker safety, 
                and allow workers a free and fair chance to join a 
                union.

                Sec. 2. Definitions. For purposes of this order:

                    (a) The term ``implementing agencies'' means the 
                Department of the Interior, the Department of 
                Agriculture, the Department of Commerce, the Department 
                of Labor, the Department of Housing and Urban 
                Development, the

[[Page 73560]]

                Department of Transportation, the Department of Energy, 
                the Department of Education, the Department of Homeland 
                Security, and the Environmental Protection Agency.
                    (b) The term ``community benefits agreement'' means 
                an agreement signed by a developer and one or more 
                community benefit groups--coalitions that are composed 
                of neighborhood associations, faith-based 
                organizations, unions, environmental groups, or other 
                stakeholders--that identifies the community benefits a 
                developer agrees to deliver in return for community 
                support of the project.
                    (c) The term ``Federal financial assistance'' means 
                funds obtained from the Federal Government or borrowed 
                on the credit of the Federal Government pursuant to 
                grants (whether formula or discretionary), loans, or 
                rebates, or projects undertaken pursuant to any Federal 
                program involving such grants, loans, or rebates.
                    (d) The term ``Investing in America agenda'' means 
                the American Rescue Plan Act of 2021 (Public Law 117-
                2); the Infrastructure Investment and Jobs Act (Public 
                Law 117-58); division A of Public Law 117-167, known as 
                the Creating Helpful Incentives to Produce 
                Semiconductors (CHIPS) Act of 2022; and Public Law 117-
                169, commonly referred to as the Inflation Reduction 
                Act of 2022.
                    (e) The term ``pre-apprenticeship program'' has the 
                meaning given to that term in 29 CFR 30.2.
                    (f) The term ``pre-award processes'' means the 
                negotiations, interactions, and other communications 
                between an implementing agency and an applicant after 
                proposal submission and prior to award.
                    (g) 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 an agreement described in 29 U.S.C. 
                158(f).
                    (h) The term ``registered apprenticeship'' means an 
                industry-driven career pathway through which employers 
                can develop and prepare their future workforces and 
                individuals can obtain paid training; work experience; 
                progressive wage increases; classroom instruction; and 
                a portable, nationally recognized credential. A 
                registered apprenticeship must meet the requirements 
                for registration as set forth in 29 CFR parts 29 and 
                30.
                    (i) The term ``underserved communities'' refers to 
                those populations as well as geographic communities 
                that have been systematically denied the opportunity to 
                participate fully in aspects of economic, social, and 
                civic life, as defined in section 2 of Executive Order 
                13985 of January 20, 2021 (Advancing Racial Equity and 
                Support for Underserved Communities Through the Federal 
                Government), section 6 of Executive Order 14020 of 
                March 8, 2021 (Establishment of the White House Gender 
                Policy Council), and section 10 of Executive Order 
                14091 of February 16, 2023 (Further Advancing Racial 
                Equity and Support for Underserved Communities Through 
                the Federal Government), and additionally includes 
                formerly incarcerated individuals.
                    (j) The term ``public workforce system'' has the 
                meaning given to the term ``workforce development 
                system'' in 29 U.S.C. 3102(67).

                Sec. 3. Implementation Priorities. In selecting 
                projects for receiving Federal financial assistance 
                from the Investing in America agenda, implementing 
                agencies shall consider actions that, as appropriate 
                and consistent with applicable law:

                    (a) Prioritize projects for selection that provide 
                a clear plan for efficient project delivery by 
                promoting positive labor-management relations. Examples 
                of instruments and policies that implementing agencies 
                could consider encouraging applicants to adopt, as 
                appropriate, may include: project labor agreements, 
                community benefits agreements, collective bargaining 
                agreements, agreements intended to ensure the 
                uninterrupted delivery of services,

[[Page 73561]]

                agreements designed to facilitate first collective 
                bargaining agreements, voluntary union recognition, and 
                neutrality by the employer with respect to union 
                organizing.
                    (b) Prioritize projects that enhance worker 
                productivity by promoting family-sustaining wages. 
                Examples of policies that implementing agencies could 
                consider encouraging applicants to adopt, as 
                appropriate, may include: payment of wages tied to a 
                particular metric--such as wages not less than 
                prevailing wages, the upper quartile of industry pay, 
                or union pattern wage scales--including for workers in 
                the care workforce, that is, individuals working in the 
                fields of child care and long-term care; policies to 
                promote equal pay and eliminate discriminatory pay 
                practices, such as transparency measures; and other 
                policies aligned with the Good Jobs Principles 
                established by the Department of Commerce and the 
                Department of Labor on June 21, 2022.
                    (c) Prioritize projects that supply critical 
                benefits that promote economic security for workers, 
                such as paid leave (including paid sick, family, and 
                medical leave); health care; retirement benefits; and 
                child, dependent, and elder care.
                    (d) Prioritize projects that promote and expand 
                access to, and put in place policies that combat 
                discrimination that limits employment in, high-quality 
                jobs for workers from underserved communities. Examples 
                of policies that implementing agencies could consider 
                encouraging applicants to adopt, as appropriate, may 
                include: workforce plans that contain strategies for 
                recruiting, hiring, and retaining workers from 
                underserved and local communities; policies that help 
                prevent workplace discrimination and harassment, 
                including through reporting structures and ongoing 
                training; and participation in programs designed to 
                support compliance with existing equal employment 
                opportunity obligations under Executive Order 11246 of 
                September 24, 1965 (Equal Employment Opportunity), as 
                amended, section 503 of the Rehabilitation Act of 1973 
                (Public Law 93-112), the Vietnam Era Veterans' 
                Readjustment Assistance Act of 1972 (Public Law 92-
                540), as amended, and their implementing regulations.
                    (e) Prioritize projects that strengthen workforce 
                development by expanding worker access to high-quality 
                training and portable credentials that lead to good 
                jobs. Examples of policies that implementing agencies 
                could consider encouraging applicants to adopt, as 
                appropriate, may include: the use of joint labor-
                management partnerships that invest in union-affiliated 
                training programs, registered apprenticeships, and pre-
                apprenticeship programs that matriculate to registered 
                apprenticeships; partnerships with organizations that 
                deliver training such as community colleges, career and 
                technical education programs, disability service 
                organizations, the public workforce system, and the 
                American Climate Corps; and the provision of supportive 
                services necessary to complete training such as child 
                care and transportation assistance.
                    (f) Prioritize projects that promote and protect 
                worker health and safety through policies that 
                encourage supplemental safety training, worker and 
                union participation in the design and implementation of 
                workplace safety and health management systems, and 
                disclosure of occupational safety and health 
                violations.

                Sec. 4. Implementation Approach. (a) Implementing 
                agencies shall, as appropriate and consistent with 
                applicable law, consider the following strategies in 
                connection with their Federal financial assistance 
                programs to promote the implementation priorities 
                identified in section 3 of this order:

(i) including application evaluation criteria or selection factors that 
prioritize applicants that adopt or provide a specific plan to adopt those 
priorities;

(ii) publishing best practice guides and other guidance to applicants to 
promote and implement those priorities, including guides on what types

[[Page 73562]]

of Federal financial assistance can be used for workforce development, such 
as supportive services;

(iii) engaging with applicants, where appropriate, during pre-award 
processes to ensure that applicants understand the benefits of those 
priorities for key programs and projects;

(iv) collecting relevant data to demonstrate funding recipients' progress, 
including by:

  (A) requesting in funding notices or through other appropriate mechanisms 
that applicants address a series of ``yes'' or ``no'' questions regarding 
the implementation of those priorities to ensure transparency of labor 
practices and commitments;

  (B) using existing compliance practices (such as the collection of 
certified payrolls when applicable) to collect detailed data on job 
quality, equity, and worker empowerment; and

  (C) requesting reporting on key metrics and encouraging voluntary public 
reporting of additional relevant metrics developed by the implementing 
agency;

(v) promoting compliance with Federal law and commitments made by 
applicants, including, as appropriate, referring alleged violations of law 
to other executive departments and agencies for a determination of whether 
circumstances warrant the issuance of financial penalties or collection of 
relief for workers harmed, withholding further Federal financial assistance 
pending correction of a deficiency, recovery of some or all Federal funds, 
or debarment; and

(vi) supporting program staff and developing implementing agency expertise, 
including by consulting the Department of Labor and implementing agency 
labor advisors, to train program staff on how to implement those priorities 
and ensure that staff have the expertise needed to support the creation of 
good jobs through each phase of project delivery on federally assisted 
projects.

                    (b) Implementing agencies shall carry out their 
                responsibilities under this order consistent with their 
                responsibilities under the Justice40 Initiative set 
                forth in Executive Order 14008 of January 27, 2021 
                (Tackling the Climate Crisis at Home and Abroad).

                Sec. 5. Investing in Good Jobs Task Force. (a) There is 
                established within the Executive Office of the 
                President the Investing in Good Jobs Task Force (Task 
                Force). The function of the Task Force is to coordinate 
                policy development that supports efficient project 
                delivery while also driving the creation of high-
                quality jobs and to otherwise support the effective 
                implementation of this order. The Task Force shall be 
                co-chaired by the Secretary of Labor and the Assistant 
                to the President for Economic Policy and Director of 
                the National Economic Council or their designees.

                    (b) In addition to the Co-Chairs, the Task Force 
                shall consist of the following members or their 
                designees:

(i) the Secretary of the Interior;

(ii) the Secretary of Agriculture;

(iii) the Secretary of Commerce;

(iv) the Secretary of Housing and Urban Development;

(v) the Secretary of Transportation;

(vi) the Secretary of Energy;

(vii) the Secretary of Education;

(viii) the Secretary of Homeland Security;

(ix) the Administrator of the Environmental Protection Agency;

(x) the Assistant to the President and National Climate Advisor;

[[Page 73563]]

(xi) the Senior Advisor to the President for International Climate Policy;

(xii) the Chair of the Council on Environmental Quality;

(xiii) the Chair of the Council of Economic Advisers;

(xiv) the Assistant to the President and Director of the Domestic Policy 
Council;

(xv) the Assistant to the President and Director of the Gender Policy 
Council; and

(xvi) the heads of other executive departments, agencies, and offices as 
the Co-Chairs may from time to time invite to participate.

                    (c) The Task Force shall assist implementing 
                agencies in promoting the implementation priorities 
                identified in section 3 of this order. To do so, the 
                Task Force shall:

(i) share and, as appropriate, develop best practices related to promoting 
adoption of the implementation priorities identified in section 3 of this 
order, and provide technical assistance to implementing agencies in 
implementing these best practices;

(ii) support implementing agencies as they develop expertise in promoting 
efficient project delivery while also driving the creation of high-quality 
jobs; and

(iii) engage in other appropriate activities as determined by the Task 
Force, consistent with applicable law, to support effective implementation 
of this order.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 73564]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 6, 2024.

[FR Doc. 2024-20712
Filed 9-10-24; 8:45 am]
Billing code 3395-F4-P