# § 174. State human capital plans
**(a)** **In General.—** Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a “human capital plan”, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.
**(b)** **Plan Contents.—**
**(1)** **In general.—** A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—
**(A)** significant transportation workforce trends, needs, issues, and challenges with respect to the State;
**(B)** the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;
**(C)** coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;
**(D)** a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;
**(E)** a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;
**(F)** an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;
**(G)** an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;
**(H)** in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—
**(i)** to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and
**(ii)** to ensure that procurement methods provide the best public value;
**(I)** a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and
**(J)** the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.
**(2)** **Planning period.—** If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.
**(c)** **Plan Updates.—** If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.
**(d)** **Relationship to Long-range Plan.—**
**(1)** **In general.—** Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.
**(2)** **Effect of section.—** Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.
**(e)** **Public Availability.—** Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.
**(f)** **Savings Provision.—** Nothing in this section prevents a State from carrying out transportation workforce planning—
**(1)** not described in this section; or
**(2)** not in accordance with this section.
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**Source Credit**: (Added Pub. L. 117–58, div. A, title I, § 11203(a), Nov. 15, 2021, 135 Stat. 519.)
## Editorial Notes
### References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of , which was approved .
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective , see , set out as an Effective Date of 2021 Amendment note under .