[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4277 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4277

 To establish a green transportation infrastructure grant program, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2024

 Ms. Warren (for herself, Mr. Markey, Mr. Blumenthal, Mr. Booker, and 
 Mr. Sanders) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a green transportation infrastructure grant program, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better Utilizing Investments to 
Leverage Development and Generating Renewable Energy to Electrify the 
Nation's Infrastructure and Jobs Act'' or the ``BUILD GREEN 
Infrastructure and Jobs Act''.

SEC. 2. GREEN TRANSPORTATION INFRASTRUCTURE GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Electric vehicle.--The term ``electric vehicle'' has 
        the meaning given the term in section 523.2 of title 49, Code 
        of Federal Regulations (or successor regulations).
            (2) Frontline, vulnerable, or disadvantaged community.--The 
        term ``frontline, vulnerable, or disadvantaged community'' 
        means a community--
                    (A) in an area described in section 301(a) of the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3161(a));
                    (B) in which climate change, pollution, or 
                environmental destruction has exacerbated systemic 
                racial, regional, social, environmental, gender, and 
                economic injustices by disproportionately affecting 
                Black, Brown, and Indigenous peoples, other communities 
                of color, migrant communities, deindustrialized 
                communities, depopulated rural communities, the poor, 
                low-income workers, women, the elderly, the unhoused, 
                people with disabilities, or youth;
                    (C) eligible for assistance under the Justice40 
                Initiative described in section 223 of Executive Order 
                14008 (42 U.S.C. 4321 note; relating to tackling the 
                climate crisis at home and abroad); or
                    (D) located in a census tract that has a high 
                energy burden.
            (3) Green project.--The term ``green project'' means a 
        project that--
                    (A) deeply reduces transportation greenhouse gas 
                emissions and local air pollution; and
                    (B) results in a reduction in overall energy use, 
                maximization of energy efficiency, implementation and 
                use of energy recovery, and an offset of the remaining 
                demand for energy with production of energy from 
                renewable energy sources, such that the project 
                produces as much energy or energy savings as the 
                project uses over the course of a year.
            (4) Green space.--
                    (A) In general.--The term ``green space'' means 
                publicly accessible land or water that--
                            (i) is partly or completely covered with 
                        grass, trees, shrubs, or other vegetation; and
                            (ii) provides floodwater alleviation, storm 
                        water mitigation, green travel routes, water 
                        purification, cooling temperatures, pollution 
                        management, public health benefits, 
                        enhancements to biodiversity, ecological 
                        resilience, or greenhouse gas emissions 
                        sequestration.
                    (B) Inclusions.--The term ``green space'' includes 
                parks, gardens, playing fields, children's play areas, 
                woods, grassed areas, bodies of water, and trails.
            (5) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) hydrofluorocarbons;
                    (C) methane;
                    (D) nitrous oxide;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride;
                    (G) nitrogen triflouride;
                    (H) chlorofluorocarbons;
                    (I) criteria pollutants for which there are 
                national ambient air quality standards under section 
                109 of the Clean Air Act (42 U.S.C. 7409); and
                    (J) any other anthropogenically emitted gas or 
                particulate that the Administrator of the Environmental 
                Protection Agency determines, after notice and 
                comment--
                            (i) to contribute to climate change; or
                            (ii) to produce negative effects on human 
                        health, biodiversity, or ecological resilience.
            (6) Greenhouse gas emissions.--The term ``greenhouse gas 
        emissions'' means emissions of greenhouse gas, expressed in 
        terms of metric tons of carbon dioxide equivalent.
            (7) New renewable energy.--The term ``new renewable 
        energy'' means renewable energy from a source that is not 
        currently producing power.
            (8) Program.--The term ``program'' means the green 
        transportation infrastructure grant program established under 
        subsection (b).
            (9) Publicly available evse.--
                    (A) In general.--The term ``publicly available 
                EVSE'' means Electric Vehicle Supply Equipment and any 
                associated parking spaces designated by the property 
                owner or lessee to be available to, and accessible by, 
                the public for any period of time, including Electric 
                Vehicle Supply Equipment and associated parking spaces 
                located in parking garages or gated facilities if any 
                member of the public can obtain vehicular access to the 
                facility for free or through payment of a fee.
                    (B) Exclusion.--The term ``publicly available 
                EVSE'' does not include Electric Vehicle Supply 
                Equipment and any associated parking spaces in a 
                workplace if the Electric Vehicle Supply Equipment and 
                associated parking spaces are clearly marked and 
                operated as available exclusively to employees or 
                contracted drivers.
            (10) Renewable energy source.--The term ``renewable energy 
        source'' means energy generated from renewable sources, 
        including the following:
                    (A) Solar, including electricity.
                    (B) Wind.
                    (C) Ocean, including tidal, wave, current, and 
                thermal.
                    (D) Geothermal, including electricity and heat 
                pumps.
                    (E) Hydroelectric generation capacity achieved from 
                increased efficiency or additions of new capacity--
                            (i) at an existing hydroelectric project; 
                        and
                            (ii) that was placed in service on or after 
                        January 1, 1999.
                    (F) Hydrogen used in fuel cells or other non-
                combustion technologies, if the quantity of lifecycle 
                greenhouse gas emissions per unit of fuel energy is 
                zero.
                    (G) Thermal energy generated by any of the sources 
                described in subparagraphs (A) through (F).
            (11) Resilient.--The term ``resilient'', with respect to 
        transportation infrastructure projects, means an anticipation 
        of, preparation for, and adaptation of the project to 
        disruptions and changing environmental and security conditions, 
        and the achievement and maintenance by the project of the 
        capability to withstand, respond to, and recover rapidly from 
        disruptions while ensuring the sustainment of operations.
            (12) Rural area.--The term ``rural area'' means an area 
        with a population of 200,000 or fewer.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (14) Urbanized area.--The term ``urbanized area'' means an 
        area with a population of more than 200,000.
    (b) Establishment.--The Secretary shall establish a green 
transportation infrastructure grant program to provide grants on a 
competitive basis to eligible entities for capital investments in 
electrified surface transportation infrastructure projects that--
            (1) will have a significant local or regional impact to 
        improve transportation and reduce greenhouse gas emissions and 
        toxic emissions; and
            (2) are--
                    (A) sustainable and resilient; and
                    (B) green projects.
    (c) Eligible Entities.--An entity eligible to receive a grant under 
the program is--
            (1) a State or territory;
            (2) a unit of local government;
            (3) a transit agency;
            (4) a port authority;
            (5) an Indian tribe (as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304));
            (6) a Federal land management agency that jointly applies 
        with a State or a group of States; or
            (7) a multi-State or multijurisdictional group of entities 
        described in paragraphs (1) through (6).
    (d) Eligible Projects.--
            (1) In general.--A project eligible to be carried out with 
        funds from a grant provided under the program is--
                    (A) a fixed route public transportation project 
                eligible for assistance under chapter 53 of title 49, 
                United States Code, that improves public transportation 
                service for transit-dependent populations, supports 
                increased transit ridership, and is powered by 
                electricity, including--
                            (i) corridor-based bus rapid transit 
                        projects or new fixed guideway capital 
                        projects, such as light rail transit, heavy 
                        rail transit, or commuter rail transit 
                        projects;
                            (ii) the acquisition or lease of low-
                        emission or zero-emission public transit 
                        vehicles, with or without a leased power 
                        source, that will be used to decrease headways 
                        or provide new or expanded service areas or 
                        times; and
                            (iii) the construction, lease, 
                        rehabilitation, or improvement of new or 
                        existing facilities and related equipment for 
                        low-emission or zero-emission vehicles, 
                        including overhead-wire in-motion charging 
                        technology;
                    (B) a passenger or freight rail project that is 
                powered solely by an external source of electricity or 
                solar power;
                    (C) a port infrastructure investment, including 
                inland port infrastructure and land ports of entry, 
                that--
                            (i) installs publicly available EVSE;
                            (ii) facilitates the movement of goods via 
                        zero-emission modes; or
                            (iii) supports the deployment of zero-
                        emission port equipment or technology (as 
                        defined in section 133(d) of the Clean Air Act 
                        (42 U.S.C. 7433(d)));
                    (D) an electrified public micromobility project, 
                including an e-bike share and related projects; and
                    (E) any other project that--
                            (i) the Secretary determines to be 
                        appropriate; and
                            (ii) clearly demonstrates a contribution to 
                        the reduction of greenhouse gas emissions and 
                        toxic emissions.
            (2) Limitation.--Funds from a grant provided under the 
        program may not be used to purchase fully automated cargo-
        handling equipment that is remotely operated or remotely 
        monitored, with or without the exercise of human intervention 
        or control.
    (e) Application.--
            (1) In general.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require, including a 
        zero-emission transition plan that examines the impact of the 
        proposed project on the workforce of the eligible entity, 
        including an identification of skill gaps, training needs, and 
        retraining needs of that workforce--
                    (A) to operate and maintain infrastructure that is 
                part of the eligible project; and
                    (B) to avoid displacement of that workforce.
            (2) Deadlines.--The Secretary shall--
                    (A) publish a notice of funding opportunity for the 
                program by not later than 10 days after October 1 of 
                each fiscal year;
                    (B) require applications for grants under the 
                program to be submitted to the Secretary by not later 
                than 90 days after the date on which the notice of 
                funding opportunity is published; and
                    (C) select eligible projects to receive grants 
                under the program, in accordance with subsection (f), 
                by not later than 270 days after October 1 of each 
                fiscal year.
    (f) Selection.--
            (1) In general.--The Secretary shall select eligible 
        projects to receive a grant under the program based on 
        sustainability and workforce criteria, including--
                    (A) criteria that prioritize collective 
                transportation over individual transportation;
                    (B) criteria developed by the Secretary to reduce 
                overall vehicle miles traveled in single occupancy, 
                internal combustion engine vehicles;
                    (C) the extent to which the project promotes the 
                electrification of all public transportation, intercity 
                passenger and freight rail transportation, intercity 
                bus service, and school bus service;
                    (D) the extent to which the eligible entity has--
                            (i) used funds apportioned under section 
                        104(b) of title 23, United States Code, to 
                        carry out the project; or
                            (ii) demonstrated why the eligible entity 
                        was unable to use those funds to carry out the 
                        project;
                    (E) criteria developed by the Secretary, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, that consider the 
                extent to which the eligible project contributes to--
                            (i) climate resilience;
                            (ii) climate mitigation;
                            (iii) air pollution and emissions of 
                        hazardous air pollutants (as defined in section 
                        112(a) of the Clean Air Act (42 U.S.C. 
                        7412(a))); and
                            (iv) greenhouse gas emissions;
                    (F) criteria developed by the Secretary, in 
                consultation with the Secretary of Energy, that 
                consider the extent to which the eligible project will 
                achieve energy savings and reduced energy usage 
                compared to other eligible projects;
                    (G) criteria developed by the Secretary, in 
                consultation with the Secretary of Energy, that 
                consider the extent to which the eligible project will 
                improve pedestrian and nonmotorized vehicle access and 
                safety compared to other eligible projects;
                    (H) the extent to which the project will improve 
                the frequency of existing fixed route public 
                transportation service;
                    (I) criteria developed by the Secretary, in 
                consultation with the Secretary of Housing and Urban 
                Development, that consider the extent to which a public 
                transportation project serves areas of affordable 
                housing or promotes transit-oriented development;
                    (J) the extent to which the eligible entity 
                demonstrates methods to preserve or encourage 
                affordable housing near the project, as the Secretary 
                determines to be appropriate;
                    (K) criteria developed by the Secretary, in 
                consultation with the Secretary of Labor, that consider 
                the information described in subsection (m)(2); and
                    (L) criteria developed by the Secretary to identify 
                projects underserved by existing Federal funding 
                opportunities.
            (2) Exclusion.--In selecting eligible projects to receive a 
        grant under the program, the Secretary shall not use the 
        Federal share percentage or the ability of an applicant to 
        generate non-Federal revenue as a selection criterion.
            (3) Priority.--In selecting eligible projects to receive a 
        grant under the program, the Secretary shall give priority to 
        an eligible project--
                    (A) that is located in--
                            (i) a frontline, vulnerable, or 
                        disadvantaged community;
                            (ii) an area identified as having 
                        disproportionately high adverse human health 
                        and environmental impacts on minority 
                        populations and low-income populations;
                            (iii) a community of color;
                            (iv) a low-income community;
                            (v) a deindustrialized community; or
                            (vi) a community facing environmental 
                        injustice.
                    (B) that requires a contribution of Federal funds 
                in order to complete an overall financing package;
                    (C) that includes--
                            (i) the addition of--
                                    (I) a new green space; or
                                    (II) new State or local park system 
                                units and recreation areas administered 
                                for outdoor recreation purposes; or
                            (ii) an improvement to improve access to an 
                        existing green space, State or local park 
                        system unit, or recreation area administered 
                        for outdoor recreation purposes, including 
                        pedestrian and bicycle access;
                    (D) for which the applicant commits to give 
                preference to prime contractors, and subcontractors 
                performing more than 50 percent of the work, that have 
                a collective bargaining agreement in place with their 
                employees that is not a covered project labor agreement 
                (as defined in subsection (m)(3)(B)); or
                     (E) that includes partnerships between Federal, 
                State, and local agencies to ensure that the project is 
                well-coordinated and meets the needs of the communities 
                served by the project.
            (4) Report.--Not less frequently than once each year, the 
        Secretary shall--
                    (A) submit a report that contains the criteria for 
                eligible projects developed under paragraph (1) to--
                            (i) the Committee on Commerce, Science, and 
                        Transportation of the Senate;
                            (ii) the Committee on Environment and 
                        Public Works of the Senate;
                            (iii) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate;
                            (iv) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            (v) the Committee on Energy and Commerce of 
                        the House of Representatives; and
                            (vi) the Committee on Education and the 
                        Workforce of the House of Representatives; and
                    (B) make the report under subparagraph (A) 
                available to the public.
    (g) Grant Requirements.--
            (1) Environmental standard.--As a condition of receiving a 
        grant under the program, any building or structure that is part 
        of an eligible project, including existing buildings, shall 
        comply with, or, in the case of an existing building, be 
        renovated to comply with, environmental standards determined by 
        the Secretary, that are at least as stringent as the Leadership 
        in Energy and Environmental Design (LEED) standards of the 
        United States Green Building Council.
            (2) Workforce development.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an eligible entity that receives a grant under the 
                program shall use not less than 5 percent of the funds 
                from the grant to fund workforce development training, 
                including registered apprenticeships and other labor 
                management training programs, as part of the zero-
                emission transition plan of the eligible entity 
                described in subsection (e)(1).
                    (B) Exception.--The Secretary may reduce the amount 
                set aside under subparagraph (A) for workforce 
                development training with respect to an eligible entity 
                if the eligible entity certifies that a smaller 
                percentage of grant funds is sufficient to fund the 
                workforce development training described in that 
                subparagraph.
            (3) Railway labor.--
                    (A) In general.--In the case of a rail project that 
                receives a grant under the program, the eligible entity 
                shall--
                            (i) comply with subsections (b), (c), and 
                        (d) of section 22905 of title 49, United States 
                        Code; and
                            (ii) ensure that work on the project is 
                        carried out by workers who are part of the 
                        existing workforce of the eligible entity, to 
                        the maximum extent possible.
                    (B) Employee protections.--In the case of a rail 
                project that receives a grant under the program, the 
                eligible entity shall comply with section 22404 of 
                title 49, United States Code.
            (4) Use of renewable energy.--
                    (A) In general.--As a condition of receiving a 
                grant under the program, any eligible project that, 
                after completion of the project, uses electrical energy 
                shall use electrical energy in a manner that does not 
                increase usage of nonrenewable energy sources, in 
                accordance with subparagraph (B).
                    (B) Methods.--An eligible entity may comply with 
                subparagraph (A) by--
                            (i) purchasing new renewable energy or 
                        renewable energy credits for the eligible 
                        project;
                            (ii) generating new renewable energy for 
                        the eligible project;
                            (iii) converting to use of renewable energy 
                        for another project of the eligible entity in 
                        an equivalent quantity of nonrenewable energy 
                        used for the eligible project; or
                            (iv) any combination of the methods 
                        described in clauses (i) through (iii).
                    (C) Report.--An eligible entity that receives a 
                grant under the program shall report to the Secretary 
                annually on the percentage of renewable energy used and 
                steps taken for energy conservation in the eligible 
                project.
            (5) Labor requirements.--As a condition of receiving a 
        grant under the program, the eligible entity shall submit to 
        the Secretary a certification that the eligible entity is in 
        compliance with subsection (m).
            (6) Compliance.--
                    (A) In general.--If the Secretary determines that 
                an eligible project is not in compliance with any 
                provision of this subsection, the Secretary shall 
                promptly notify the eligible entity of the 
                noncompliance.
                    (B) Withholding of funds for noncompliance.--If an 
                eligible entity that receives a notification of 
                noncompliance under subparagraph (A) is not in 
                compliance with this subsection beginning on the date 
                that is 180 days after the date of the notification 
                under subparagraph (A), the Secretary shall withhold 
                from the State in which the eligible project is located 
                10 percent of the amount required to be apportioned to 
                the State under section 104(b) of title 23, United 
                States Code, from that State until the eligible project 
                is in compliance with this subsection.
    (h) Distribution of Grants.--
            (1) In general.--For each fiscal year, in carrying out the 
        program, the Secretary shall ensure that grants are provided--
                    (A) on an equitable geographical basis, including 
                with respect to Tribal communities;
                    (B) in a manner that achieves an appropriate 
                balance in addressing the needs of urbanized areas and 
                rural areas; and
                    (C) in a manner that prioritizes eligible projects 
                in areas described in section 301(a) of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3161(a)).
            (2) State amounts.--
                    (A) Minimum amount.--For each fiscal year, the 
                total amount awarded to eligible projects in each State 
                shall be not less than the lesser of--
                            (i) 0.8 percent of the amounts made 
                        available to carry out the program for that 
                        fiscal year; and
                            (ii) the total amount requested for 
                        eligible projects in that State for that fiscal 
                        year for which the Secretary has determined 
                        meet the selection criteria under the program.
                    (B) Maximum amount.--For each fiscal year, the 
                total amount provided under the program for eligible 
                projects in a single State shall not exceed an amount 
                equal to 8 percent of the amounts made available to 
                carry out the program for that fiscal year.
            (3) Rural areas, urbanized areas, and frontline, 
        vulnerable, or disadvantaged communities.--
                    (A) Rural areas.--
                            (i) In general.--Of the amounts made 
                        available to carry out the program for each 
                        fiscal year, not less than 30 percent and not 
                        more than 40 percent shall be used for eligible 
                        projects located in rural areas.
                            (ii) Grant amount.--The amount of a grant 
                        provided under the program for a project in a 
                        rural area shall be not less than $1,000,000.
                            (iii) Federal share.--The Federal share of 
                        the cost of an eligible project in a rural area 
                        carried out with a grant under the program may 
                        exceed 90 percent, at the discretion of the 
                        Secretary.
                    (B) Urbanized areas.--
                            (i) In general.--Of the amounts made 
                        available to carry out the program for each 
                        fiscal year, not less than 60 percent and not 
                        more than 70 percent shall be used for eligible 
                        projects located in urbanized areas.
                            (ii) Metropolitan planning area.--Amounts 
                        made available under clause (i) may be used for 
                        eligible projects in the metropolitan planning 
                        area established under section 134 of title 23, 
                        United States Code, that encompasses the 
                        urbanized area.
                    (C) Frontline, vulnerable, or disadvantaged 
                communities.--
                            (i) In general.--Of the total amounts made 
                        available to carry out the program for each 
                        fiscal year under subparagraphs (A) and (B), 
                        not less than 40 percent shall be used for 
                        eligible projects located in frontline, 
                        vulnerable, or disadvantaged communities.
                            (ii) Grant amount.--The amount of a grant 
                        provided under the program for a project in a 
                        frontline, vulnerable, or disadvantaged 
                        community shall be not less than $1,000,000.
                            (iii) Federal share.--The Federal share of 
                        the cost of an eligible project in a frontline, 
                        vulnerable, or disadvantaged community carried 
                        out with a grant under the program may exceed 
                        90 percent, at the discretion of the Secretary.
    (i) Grant Amount.--
            (1) In general.--Except as provided in paragraph (2), a 
        grant under the program shall be in an amount that is not less 
        than $2,000,000.
            (2) Planning grants.--A grant under the program for the 
        planning, preparation, or design of an eligible project shall 
        not be subject to a minimum grant amount.
    (j) Federal Share.--Except as otherwise provided in this section, 
the Federal share of the cost of a project carried out with a grant 
under the program shall be, at the discretion of the eligible entity--
            (1) not more than 90 percent, for the purpose of planning, 
        design, and construction of the project; and
            (2) up to 100 percent of the operation and maintenance 
        costs of the project for the first 10 years of the project.
    (k) TIFIA; RRIF.--For each fiscal year, the Secretary may use an 
amount equal to not more than 20 percent of the amounts made available 
to carry out the program for that fiscal year to pay the subsidy and 
administrative costs of projects eligible for Federal credit assistance 
under chapter 6 of title 23, United States Code, or chapter 224 of 
title 49, United States Code, if the Secretary finds that such use of 
those amounts would advance the purposes of the program.
    (l) Buy America.--Section 70914 of the Infrastructure Investment 
and Jobs Act (41 U.S.C. 8301 note; Public Law 117-58) shall apply to an 
eligible project that receives a grant under the program.
    (m) Labor Provisions.--
            (1) Employee wages and protections.--Each contractor and 
        subcontractor for an eligible project carried out under the 
        program shall comply with the following:
                    (A) Minimum wage.--
                            (i) In general.--All employees employed in 
                        the performance of the eligible project shall 
                        be paid at a rate of not less than--
                                    (I) $17.00 an hour, beginning on 
                                the date of enactment of this Act; and
                                    (II) beginning on the date that is 
                                1 year after such date of enactment, 
                                and annually thereafter, the amount in 
                                effect under this clause for the 
                                preceding year, increased by the annual 
                                percentage increase, if any, in the 
                                median hourly wage of all employees as 
                                determined by the Bureau of Labor 
                                Statistics and rounded up to the 
                                nearest multiple of $0.05 (if not 
                                otherwise a multiple of $0.05).
                            (ii) Calculation.--In calculating the 
                        annual percentage increase in the median hourly 
                        wage of all employees for purposes of clause 
                        (i)(II), the Secretary of Labor, through the 
                        Bureau of Labor Statistics, shall--
                                    (I) compile data on the hourly 
                                wages of all employees to determine 
                                such a median hourly wage; and
                                    (II) compare such median hourly 
                                wage for the most recent year for which 
                                data are available with the median 
                                hourly wage determined for the 
                                preceding year.
                            (iii) Prevailing wages for laborers and 
                        mechanics.--
                                    (I) In general.--All laborers and 
                                mechanics employed by contractors or 
                                subcontractors in the performance of 
                                construction, alteration, or repair 
                                work carried out, in whole or in part, 
                                with assistance made available under 
                                the program shall be paid wages at 
                                rates not less than the greater of--
                                            (aa) the rates prevailing 
                                        on similar construction in the 
                                        locality as determined by the 
                                        Secretary of Labor in 
                                        accordance with subchapter IV 
                                        of chapter 31 of title 40, 
                                        United States Code; or
                                            (bb) the rate required 
                                        under clause (i).
                                    (II) Authorities.--With respect to 
                                the labor standards specified in 
                                subclause (I)(aa), the Secretary of 
                                Labor shall have the authority and 
                                functions set forth in Reorganization 
                                Plan Numbered 14 of 1950 (64 Stat. 
                                1267; 5 U.S.C. App.) and section 3145 
                                of title 40, United States Code.
                    (B) Employee protective arrangements.--The 
                contractor or subcontractor shall ensure the interests 
                of employees employed in the performance of the 
                eligible project shall be protected under arrangements 
                the Secretary of Labor concludes are fair and equitable 
                in accordance with section 5333(b) of title 49, United 
                States Code, and meet the requirements of such section. 
                The solicitation for the grant under this section shall 
                specify the arrangements.
                    (C) Neutrality toward organized labor.--The 
                contractor or subcontractor shall have--
                            (i) an explicit policy of neutrality with 
                        regard to--
                                    (I) labor organizing for the 
                                employees of the contractor or 
                                subcontractor employed in the 
                                performance of the eligible project; 
                                and
                                    (II) such employees' choice to form 
                                and join labor organizations; and
                            (ii) policies that require--
                                    (I) the posting and maintenance of 
                                notices in the workplace to such 
                                employees of their rights under the 
                                National Labor Relations Act (29 U.S.C. 
                                151 et seq.); and
                                    (II) that such employees are, at 
                                the beginning of their employment in 
                                the performance of the eligible 
                                project, provided notice and 
                                information regarding the employees' 
                                rights under such Act.
                    (D) Paid family and medical leave.--The contractor 
                or subcontractor shall have an explicit policy 
                providing all employees employed in the performance of 
                the eligible project not less than 12 workweeks of paid 
                leave in a 12-month period for any purpose described in 
                section 102(a)(1) of the Family and Medical Leave Act 
                of 1993 (29 U.S.C. 2612(a)(1)), in accordance with 
                regulations promulgated by the Secretary of Labor.
                    (E) Fair scheduling.--
                            (i) In general.--The contractor or 
                        subcontractor shall have an explicit policy for 
                        fair scheduling for employees employed in the 
                        performance of the eligible project, which 
                        shall include--
                                    (I) an opportunity for the employee 
                                to request--
                                            (aa) an adjustment in the 
                                        number of hours, work location, 
                                        or times of the employee's work 
                                        schedule;
                                            (bb) a change in the amount 
                                        of notification provided to the 
                                        employee regarding the work 
                                        schedule; or
                                            (cc) the minimizing of 
                                        fluctuations in the number of 
                                        hours the employee is scheduled 
                                        to work on a daily, weekly, or 
                                        monthly basis; and
                                    (II) a timely, good faith 
                                interactive process through which the 
                                contractor or subcontractor and 
                                employee discuss the employee's request 
                                under subclause (I) and the contractor 
                                or subcontractor grants the request or 
                                suggests any alternatives that might 
                                meet the employee's needs.
                            (ii) Exception.--Clause (i) shall not apply 
                        to any employee covered by a valid collective 
                        bargaining agreement if--
                                    (I) the terms of the collective 
                                bargaining agreement include terms that 
                                govern work scheduling practices; and
                                    (II) the provisions of clause (i) 
                                are expressly waived in such collective 
                                bargaining agreement.
                    (F) Preferences in hiring.--The contractor or 
                subcontractor shall have explicit policies that 
                provide--
                            (i) a preference for local hiring for all 
                        construction work conducted in the performance 
                        of the eligible project, consistent with 
                        applicable Federal law and subject to rules 
                        issued by the Secretary of Labor; and
                            (ii) a preference for the hiring of 
                        individuals from frontline, vulnerable, or 
                        disadvantaged communities for construction in 
                        the performance of an eligible contract.
                    (G) Contractor requirement regarding 
                subcontractors.--The contractor or subcontractor shall 
                require that each subcontractor of the contractor for 
                an eligible project carried out under the program 
                comply with the requirements of this paragraph with 
                respect to all employees of the subcontractor employed 
                in the performance of the project.
            (2) Disclosure.--A contractor desiring a contract under an 
        eligible project carried out under the program shall disclose 
        to the Secretary in the contract application any administrative 
        merits determination, arbitral award or decision, or civil 
        judgment against the contractor during the previous 5 years for 
        any violation of--
                    (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.);
                    (B) the Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.);
                    (C) the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.);
                    (D) the National Labor Relations Act (29 U.S.C. 151 
                et seq.);
                    (E) subchapter IV of chapter 31 of title 40, United 
                States Code (commonly known as the ``Davis-Bacon 
                Act'');
                    (F) chapter 67 of title 41, United States Code 
                (commonly known as the ``Service Contract Act'');
                    (G) Executive Order 11246 (42 U.S.C. 2000e note; 
                relating to equal employment opportunity);
                    (H) section 503 of the Rehabilitation Act of 1973 
                (29 U.S.C. 793);
                    (I) chapter 42 or 43 of title 38, United States 
                Code;
                    (J) the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.);
                    (K) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.);
                    (L) title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12111 et seq.);
                    (M) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.);
                    (N) Executive Order 13658 (79 Fed. Reg. 9851; 
                relating to establishing a minimum wage for 
                contractors);
                    (O) title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.);
                    (P) section 40002(b)(13)(A) of the Violence Against 
                Women Act of 1994 (34 U.S.C. 12291(b)(13)(A));
                    (Q) the Pregnant Workers Fairness Act (42 U.S.C. 
                2000gg et seq.); or
                    (R) any State law equivalent of a law described in 
                any of subparagraphs (A) through (Q), in accordance 
                with guidance issued by the Secretary of Labor.
            (3) Labor agreements for construction projects.--
                    (A) In general.--A contractor for an eligible 
                project carried out under the program that is a 
                construction project shall be a party to a covered 
                project labor agreement.
                    (B) Definitions.--In this paragraph:
                            (i) Covered project labor agreement.--The 
                        term ``covered project labor agreement'' means 
                        a project labor agreement that--
                                    (I) binds all contractors and 
                                subcontractors on the construction 
                                project through the inclusion of 
                                appropriate specifications in all 
                                relevant solicitation provisions and 
                                contract documents;
                                    (II) allows all contractors and 
                                subcontractors to compete for contracts 
                                and subcontracts without regard to 
                                whether they are otherwise a party to a 
                                collective bargaining agreement;
                                    (III) contains guarantees against 
                                strikes, lockouts, and other similar 
                                job disruptions;
                                    (IV) sets forth effective, prompt, 
                                and mutually binding procedures for 
                                resolving labor disputes arising during 
                                the covered project labor agreement; 
                                and
                                    (V) provides other mechanisms for 
                                labor-management cooperation on matters 
                                of mutual interest and concern, 
                                including productivity, quality of 
                                work, safety, and health.
                            (ii) Project labor agreement.--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 described 
                        in section 8(f) of the National Labor Relations 
                        Act (29 U.S.C. 158(f)).
            (4) Determining employment relationship.--For purposes of 
        this subsection, an individual performing any service in the 
        performance of an eligible project for a contractor or 
        subcontractor shall be considered an employee, and not an 
        independent contractor, of that contractor or subcontractor, 
        unless--
                    (A) the individual is free from control and 
                direction in connection with the performance of the 
                service, both under the contract for the performance of 
                service and in fact;
                    (B) the service is performed outside the usual 
                course of the business of the contractor or 
                subcontractor; and
                    (C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in the service performed. 
    (n) Funding.--
            (1) In general.--There is authorized to be appropriated to 
        carry out the program $50,000,000,000 for each of fiscal years 
        2025 through 2034, of which not less than $15,000,000,000 shall 
        be for grants for fixed route public transportation projects 
        eligible for assistance under chapter 53 of title 49, United 
        States Code.
            (2) Availability.--Amounts made available under paragraph 
        (1) shall remain available until January 1, 2045.

SEC. 3. FEDERAL FUNDING EXCHANGE PROGRAMS.

    Section 106(g) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(6) Federal funding exchange programs.--A State may 
        implement a program under which a subrecipient has the option 
        to exchange Federal funds allocated to the subrecipient in 
        accordance with the requirements of this title for State or 
        local funds if the State certifies to the Secretary that--
                    ``(A) the State has prevailing wage and domestic 
                content requirements that are comparable to the 
                requirements under sections 113 and 313, respectively; 
                and
                    ``(B) the requirements described in subparagraph 
                (A) shall apply to projects carried out using the State 
                or local funds if the projects would have been subject 
                to the requirements of sections 113 and 313 if the 
                projects were carried out using Federal funds.''.

SEC. 4. CLOSING THE LOW-NO LOOPHOLE.

    Section 5339(c)(5)(B) of title 49, United States Code, is amended 
by striking ``no less than 25 percent'' and inserting ``not more than 5 
percent''.

SEC. 5. EXPANDING THE ELIGIBILITY OF FIXED GUIDEWAY GRANTS.

    Section 5309(b)(2) of title 49, United States Code, is amended by 
inserting ``planning for a new fixed guideway capital project that 
would relieve crowding on an existing fixed guideway corridor, the 
installation of platform screen doors, the construction of new 
entrances to existing stations, the automation of operations that 
increase the frequency of service on the automated corridor,'' after 
``construction of infill stations,''.

SEC. 6. PROHIBITION ON DISCRIMINATION.

    No individual in the United States may, on the basis of actual or 
perceived race, color, religion, national origin, sex (including gender 
identity and sexual orientation), age, or disability, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under, any program or activity that is funded in whole 
or in part with funds made available to carry out this Act.
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