II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Better Utilizing Invest5 ments to Leverage Development and Generating Renew6 able Energy to Electrify the Nation’s Infrastructure and 

7 Jobs Act’’ or the ‘‘BUILD GREEN Infrastructure and 

8 Jobs Act’’. 


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1 SEC. 2. GREEN TRANSPORTATION INFRASTRUCTURE 

2 GRANT PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELECTRIC VEHICLE.—The term ‘‘electric 

5 vehicle’’ has the meaning given the term in section 

6 523.2 of title 49, Code of Federal Regulations (or 

7 successor regulations). 

8 (2) FRONTLINE, VULNERABLE, OR DISADVAN9 TAGED COMMUNITY.—The term ‘‘frontline, vulner10 able, or disadvantaged community’’ means a commu11 nity— 

12 (A) in an area described in section 301(a) 

13 of the Public Works and Economic Develop14 ment Act of 1965 (42 U.S.C. 3161(a)); 

15 (B) in which climate change, pollution, or 

16 environmental destruction has exacerbated sys17 temic racial, regional, social, environmental, 

18 gender, and economic injustices by dispropor19 tionately affecting Black, Brown, and Indige20 nous peoples, other communities of color, mi21 grant communities, deindustrialized commu22 nities, depopulated rural communities, the poor, 

23 low-income workers, women, the elderly, the 

24 unhoused, people with disabilities, or youth; 

25 (C) eligible for assistance under the 

26 Justice40 Initiative described in section 223 of 


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1 Executive Order 14008 (42 U.S.C. 4321 note; 

2 relating to tackling the climate crisis at home 

3 and abroad); or 

4 (D) located in a census tract that has a 

5 high energy burden. 

6 (3) GREEN PROJECT.—The term ‘‘green 

7 project’’ means a project that— 

8 (A) deeply reduces transportation green9 house gas emissions and local air pollution; and 

10 (B) results in a reduction in overall energy 

11 use, maximization of energy efficiency, imple12 mentation and use of energy recovery, and an 

13 offset of the remaining demand for energy with 

14 production of energy from renewable energy 

15 sources, such that the project produces as much 

16 energy or energy savings as the project uses 

17 over the course of a year. 

18 (4) GREEN SPACE.— 

19 (A) IN GENERAL.—The term ‘‘green 

20 space’’ means publicly accessible land or water 

21 that— 

22 (i) is partly or completely covered with 

23 grass, trees, shrubs, or other vegetation; 

24 and 


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1 (ii) provides floodwater alleviation, 

2 storm water mitigation, green travel 

3 routes, water purification, cooling tempera4 tures, pollution management, public health 

5 benefits, enhancements to biodiversity, eco6 logical resilience, or greenhouse gas emis7 sions sequestration. 

8 (B) INCLUSIONS.—The term ‘‘green 

9 space’’ includes parks, gardens, playing fields, 

10 children’s play areas, woods, grassed areas, 

11 bodies of water, and trails. 

12 (5) GREENHOUSE GAS.—The term ‘‘greenhouse 

13 gas’’ means— 

14 (A) carbon dioxide; 

15 (B) hydrofluorocarbons; 

16 (C) methane; 

17 (D) nitrous oxide; 

18 (E) perfluorocarbons; 

19 (F) sulfur hexafluoride; 

20 (G) nitrogen triflouride; 

21 (H) chlorofluorocarbons; 

22 (I) criteria pollutants for which there are 

23 national ambient air quality standards under 

24 section 109 of the Clean Air Act (42 U.S.C. 

25 7409); and 


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1 (J) any other anthropogenically emitted 

2 gas or particulate that the Administrator of the 

3 Environmental Protection Agency determines, 

4 after notice and comment— 

5 (i) to contribute to climate change; or 

6 (ii) to produce negative effects on 

7 human health, biodiversity, or ecological 

8 resilience. 

9 (6) GREENHOUSE GAS EMISSIONS.—The term 

10 ‘‘greenhouse gas emissions’’ means emissions of 

11 greenhouse gas, expressed in terms of metric tons of 

12 carbon dioxide equivalent. 

13 (7) NEW RENEWABLE ENERGY.—The term 

14 ‘‘new renewable energy’’ means renewable energy 

15 from a source that is not currently producing power. 

16 (8) PROGRAM.—The term ‘‘program’’ means 

17 the green transportation infrastructure grant pro18 gram established under subsection (b). 

19 (9) PUBLICLY AVAILABLE EVSE.— 

20 (A) IN GENERAL.—The term ‘‘publicly 

21 available EVSE’’ means Electric Vehicle Supply 

22 Equipment and any associated parking spaces 

23 designated by the property owner or lessee to be 

24 available to, and accessible by, the public for 

25 any period of time, including Electric Vehicle 


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1 Supply Equipment and associated parking 

2 spaces located in parking garages or gated fa3 cilities if any member of the public can obtain 

4 vehicular access to the facility for free or 

5 through payment of a fee. 

6 (B) EXCLUSION.—The term ‘‘publicly 

7 available EVSE’’ does not include Electric Ve8 hicle Supply Equipment and any associated 

9 parking spaces in a workplace if the Electric 

10 Vehicle Supply Equipment and associated park11 ing spaces are clearly marked and operated as 

12 available exclusively to employees or contracted 

13 drivers. 

14 (10) RENEWABLE ENERGY SOURCE.—The term 

15 ‘‘renewable energy source’’ means energy generated 

16 from renewable sources, including the following: 

17 (A) Solar, including electricity. 

18 (B) Wind. 

19 (C) Ocean, including tidal, wave, current, 

20 and thermal. 

21 (D) Geothermal, including electricity and 

22 heat pumps. 

23 (E) Hydroelectric generation capacity 

24 achieved from increased efficiency or additions 

25 of new capacity— 


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1 (i) at an existing hydroelectric project; 

2 and 

3 (ii) that was placed in service on or 

4 after January 1, 1999. 

5 (F) Hydrogen used in fuel cells or other 

6 non-combustion technologies, if the quantity of 

7 lifecycle greenhouse gas emissions per unit of 

8 fuel energy is zero. 

9 (G) Thermal energy generated by any of 

10 the sources described in subparagraphs (A) 

11 through (F). 

12 (11) RESILIENT.—The term ‘‘resilient’’, with 

13 respect to transportation infrastructure projects, 

14 means an anticipation of, preparation for, and adap15 tation of the project to disruptions and changing en16 vironmental and security conditions, and the 

17 achievement and maintenance by the project of the 

18 capability to withstand, respond to, and recover rap19 idly from disruptions while ensuring the sustainment 

20 of operations. 

21 (12) RURAL AREA.—The term ‘‘rural area’’ 

22 means an area with a population of 200,000 or 

23 fewer. 

24 (13) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of Transportation. 


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1 (14) URBANIZED AREA.—The term ‘‘urbanized 

2 area’’ means an area with a population of more than 

3 200,000. 

4 (b) ESTABLISHMENT.—The Secretary shall establish 

5 a green transportation infrastructure grant program to 

6 provide grants on a competitive basis to eligible entities 

7 for capital investments in electrified surface transpor8 tation infrastructure projects that— 

9 (1) will have a significant local or regional im10 pact to improve transportation and reduce green11 house gas emissions and toxic emissions; and 

12 (2) are— 

13 (A) sustainable and resilient; and 

14 (B) green projects. 

15 (c) ELIGIBLE ENTITIES.—An entity eligible to re16 ceive a grant under the program is— 

17 (1) a State or territory; 

18 (2) a unit of local government; 

19 (3) a transit agency; 

20 (4) a port authority; 

21 (5) an Indian tribe (as defined in section 4 of 

22 the Indian Self-Determination and Education Assist23 ance Act (25 U.S.C. 5304)); 

24 (6) a Federal land management agency that 

25 jointly applies with a State or a group of States; or 


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1 (7) a multi-State or multijurisdictional group of 

2 entities described in paragraphs (1) through (6). 

3 (d) ELIGIBLE PROJECTS.— 

4 (1) IN GENERAL.—A project eligible to be car5 ried out with funds from a grant provided under the 

6 program is— 

7 (A) a fixed route public transportation 

8 project eligible for assistance under chapter 53 

9 of title 49, United States Code, that improves 

10 public transportation service for transit-depend11 ent populations, supports increased transit rid12 ership, and is powered by electricity, includ13 ing— 

14 (i) corridor-based bus rapid transit 

15 projects or new fixed guideway capital 

16 projects, such as light rail transit, heavy 

17 rail transit, or commuter rail transit 

18 projects; 

19 (ii) the acquisition or lease of low20 emission or zero-emission public transit ve21 hicles, with or without a leased power 

22 source, that will be used to decrease 

23 headways or provide new or expanded serv24 ice areas or times; and 


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1 (iii) the construction, lease, rehabilita2 tion, or improvement of new or existing fa3 cilities and related equipment for low-emis4 sion or zero-emission vehicles, including 

5 overhead-wire in-motion charging tech6 nology; 

7 (B) a passenger or freight rail project that 

8 is powered solely by an external source of elec9 tricity or solar power; 

10 (C) a port infrastructure investment, in11 cluding inland port infrastructure and land 

12 ports of entry, that— 

13 (i) installs publicly available EVSE; 

14 (ii) facilitates the movement of goods 

15 via zero-emission modes; or 

16 (iii) supports the deployment of zero17 emission port equipment or technology (as 

18 defined in section 133(d) of the Clean Air 

19 Act (42 U.S.C. 7433(d))); 

20 (D) an electrified public micromobility 

21 project, including an e-bike share and related 

22 projects; and 

23 (E) any other project that— 

24 (i) the Secretary determines to be ap25 propriate; and 


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1 (ii) clearly demonstrates a contribu2 tion to the reduction of greenhouse gas 

3 emissions and toxic emissions. 

4 (2) LIMITATION.—Funds from a grant provided 

5 under the program may not be used to purchase 

6 fully automated cargo-handling equipment that is re7 motely operated or remotely monitored, with or with8 out the exercise of human intervention or control. 

9 (e) APPLICATION.— 

10 (1) IN GENERAL.—To be eligible to receive a 

11 grant under the program, an eligible entity shall 

12 submit to the Secretary an application at such time, 

13 in such manner, and containing such information as 

14 the Secretary may require, including a zero-emission 

15 transition plan that examines the impact of the pro16 posed project on the workforce of the eligible entity, 

17 including an identification of skill gaps, training 

18 needs, and retraining needs of that workforce— 

19 (A) to operate and maintain infrastructure 

20 that is part of the eligible project; and 

21 (B) to avoid displacement of that work22 force. 

23 (2) DEADLINES.—The Secretary shall— 


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1 (A) publish a notice of funding opportunity 

2 for the program by not later than 10 days after 

3 October 1 of each fiscal year; 

4 (B) require applications for grants under 

5 the program to be submitted to the Secretary 

6 by not later than 90 days after the date on 

7 which the notice of funding opportunity is pub8 lished; and 

9 (C) select eligible projects to receive grants 

10 under the program, in accordance with sub11 section (f), by not later than 270 days after Oc12 tober 1 of each fiscal year. 

13 (f) SELECTION.— 

14 (1) IN GENERAL.—The Secretary shall select el15 igible projects to receive a grant under the program 

16 based on sustainability and workforce criteria, in17 cluding— 

18 (A) criteria that prioritize collective trans19 portation over individual transportation; 

20 (B) criteria developed by the Secretary to 

21 reduce overall vehicle miles traveled in single 

22 occupancy, internal combustion engine vehicles; 

23 (C) the extent to which the project pro24 motes the electrification of all public transpor25 tation, intercity passenger and freight rail 


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1 transportation, intercity bus service, and school 

2 bus service; 

3 (D) the extent to which the eligible entity 

4 has— 

5 (i) used funds apportioned under sec6 tion 104(b) of title 23, United States 

7 Code, to carry out the project; or 

8 (ii) demonstrated why the eligible en9 tity was unable to use those funds to carry 

10 out the project; 

11 (E) criteria developed by the Secretary, in 

12 consultation with the Administrator of the En13 vironmental Protection Agency, that consider 

14 the extent to which the eligible project contrib15 utes to— 

16 (i) climate resilience; 

17 (ii) climate mitigation; 

18 (iii) air pollution and emissions of 

19 hazardous air pollutants (as defined in sec20 tion 112(a) of the Clean Air Act (42 

21 U.S.C. 7412(a))); and 

22 (iv) greenhouse gas emissions; 

23 (F) criteria developed by the Secretary, in 

24 consultation with the Secretary of Energy, that 

25 consider the extent to which the eligible project 


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1 will achieve energy savings and reduced energy 

2 usage compared to other eligible projects; 

3 (G) criteria developed by the Secretary, in 

4 consultation with the Secretary of Energy, that 

5 consider the extent to which the eligible project 

6 will improve pedestrian and nonmotorized vehi7 cle access and safety compared to other eligible 

8 projects; 

9 (H) the extent to which the project will im10 prove the frequency of existing fixed route pub11 lic transportation service; 

12 (I) criteria developed by the Secretary, in 

13 consultation with the Secretary of Housing and 

14 Urban Development, that consider the extent to 

15 which a public transportation project serves 

16 areas of affordable housing or promotes transit17 oriented development; 

18 (J) the extent to which the eligible entity 

19 demonstrates methods to preserve or encourage 

20 affordable housing near the project, as the Sec21 retary determines to be appropriate; 

22 (K) criteria developed by the Secretary, in 

23 consultation with the Secretary of Labor, that 

24 consider the information described in subsection 

25 (m)(2); and 


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1 (L) criteria developed by the Secretary to 

2 identify projects underserved by existing Fed3 eral funding opportunities. 

4 (2) EXCLUSION.—In selecting eligible projects 

5 to receive a grant under the program, the Secretary 

6 shall not use the Federal share percentage or the 

7 ability of an applicant to generate non-Federal rev8 enue as a selection criterion. 

9 (3) PRIORITY.—In selecting eligible projects to 

10 receive a grant under the program, the Secretary 

11 shall give priority to an eligible project— 

12 (A) that is located in— 

13 (i) a frontline, vulnerable, or dis14 advantaged community; 

15 (ii) an area identified as having dis16 proportionately high adverse human health 

17 and environmental impacts on minority 

18 populations and low-income populations; 

19 (iii) a community of color; 

20 (iv) a low-income community; 

21 (v) a deindustrialized community; or 

22 (vi) a community facing environ23 mental injustice. 


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1 (B) that requires a contribution of Federal 

2 funds in order to complete an overall financing 

3 package; 

4 (C) that includes— 

5 (i) the addition of— 

6 (I) a new green space; or 

7 (II) new State or local park sys8 tem units and recreation areas admin9 istered for outdoor recreation pur10 poses; or 

11 (ii) an improvement to improve access 

12 to an existing green space, State or local 

13 park system unit, or recreation area ad14 ministered for outdoor recreation purposes, 

15 including pedestrian and bicycle access; 

16 (D) for which the applicant commits to 

17 give preference to prime contractors, and sub18 contractors performing more than 50 percent of 

19 the work, that have a collective bargaining 

20 agreement in place with their employees that is 

21 not a covered project labor agreement (as de22 fined in subsection (m)(3)(B)); or 

23 (E) that includes partnerships between 

24 Federal, State, and local agencies to ensure 

25 that the project is well-coordinated and meets 


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1 the needs of the communities served by the 

2 project. 

3 (4) REPORT.—Not less frequently than once 

4 each year, the Secretary shall— 

5 (A) submit a report that contains the cri6 teria for eligible projects developed under para7 graph (1) to— 

8 (i) the Committee on Commerce, 

9 Science, and Transportation of the Senate; 

10 (ii) the Committee on Environment 

11 and Public Works of the Senate; 

12 (iii) the Committee on Health, Edu13 cation, Labor, and Pensions of the Senate; 

14 (iv) the Committee on Transportation 

15 and Infrastructure of the House of Rep16 resentatives; 

17 (v) the Committee on Energy and 

18 Commerce of the House of Representa19 tives; and 

20 (vi) the Committee on Education and 

21 the Workforce of the House of Representa22 tives; and 

23 (B) make the report under subparagraph 

24 (A) available to the public. 

25 (g) GRANT REQUIREMENTS.— 


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1 (1) ENVIRONMENTAL STANDARD.—As a condi2 tion of receiving a grant under the program, any 

3 building or structure that is part of an eligible 

4 project, including existing buildings, shall comply 

5 with, or, in the case of an existing building, be ren6 ovated to comply with, environmental standards de7 termined by the Secretary, that are at least as strin8 gent as the Leadership in Energy and Environ9 mental Design (LEED) standards of the United 

10 States Green Building Council. 

11 (2) WORKFORCE DEVELOPMENT.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), an eligible entity that re14 ceives a grant under the program shall use not 

15 less than 5 percent of the funds from the grant 

16 to fund workforce development training, includ17 ing registered apprenticeships and other labor 

18 management training programs, as part of the 

19 zero-emission transition plan of the eligible enti20 ty described in subsection (e)(1). 

21 (B) EXCEPTION.—The Secretary may re22 duce the amount set aside under subparagraph 

23 (A) for workforce development training with re24 spect to an eligible entity if the eligible entity 

25 certifies that a smaller percentage of grant 


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1 funds is sufficient to fund the workforce devel2 opment training described in that subpara3 graph. 

4 (3) RAILWAY LABOR.— 

5 (A) IN GENERAL.—In the case of a rail 

6 project that receives a grant under the pro7 gram, the eligible entity shall— 

8 (i) comply with subsections (b), (c), 

9 and (d) of section 22905 of title 49, 

10 United States Code; and 

11 (ii) ensure that work on the project is 

12 carried out by workers who are part of the 

13 existing workforce of the eligible entity, to 

14 the maximum extent possible. 

15 (B) EMPLOYEE PROTECTIONS.—In the 

16 case of a rail project that receives a grant 

17 under the program, the eligible entity shall 

18 comply with section 22404 of title 49, United 

19 States Code. 

20 (4) USE OF RENEWABLE ENERGY.— 

21 (A) IN GENERAL.—As a condition of re22 ceiving a grant under the program, any eligible 

23 project that, after completion of the project, 

24 uses electrical energy shall use electrical energy 

25 in a manner that does not increase usage of 


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1 nonrenewable energy sources, in accordance 

2 with subparagraph (B). 

3 (B) METHODS.—An eligible entity may 

4 comply with subparagraph (A) by— 

5 (i) purchasing new renewable energy 

6 or renewable energy credits for the eligible 

7 project; 

8 (ii) generating new renewable energy 

9 for the eligible project; 

10 (iii) converting to use of renewable en11 ergy for another project of the eligible enti12 ty in an equivalent quantity of nonrenew13 able energy used for the eligible project; or 

14 (iv) any combination of the methods 

15 described in clauses (i) through (iii). 

16 (C) REPORT.—An eligible entity that re17 ceives a grant under the program shall report 

18 to the Secretary annually on the percentage of 

19 renewable energy used and steps taken for en20 ergy conservation in the eligible project. 

21 (5) LABOR REQUIREMENTS.—As a condition of 

22 receiving a grant under the program, the eligible en23 tity shall submit to the Secretary a certification that 

24 the eligible entity is in compliance with subsection 

25 (m). 


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1 (6) COMPLIANCE.— 

2 (A) IN GENERAL.—If the Secretary deter3 mines that an eligible project is not in compli4 ance with any provision of this subsection, the 

5 Secretary shall promptly notify the eligible enti6 ty of the noncompliance. 

7 (B) WITHHOLDING OF FUNDS FOR NON8 COMPLIANCE.—If an eligible entity that receives 

9 a notification of noncompliance under subpara10 graph (A) is not in compliance with this sub11 section beginning on the date that is 180 days 

12 after the date of the notification under subpara13 graph (A), the Secretary shall withhold from 

14 the State in which the eligible project is located 

15 10 percent of the amount required to be appor16 tioned to the State under section 104(b) of title 

17 23, United States Code, from that State until 

18 the eligible project is in compliance with this 

19 subsection. 

20 (h) DISTRIBUTION OF GRANTS.— 

21 (1) IN GENERAL.—For each fiscal year, in car22 rying out the program, the Secretary shall ensure 

23 that grants are provided— 

24 (A) on an equitable geographical basis, in25 cluding with respect to Tribal communities; 


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1 (B) in a manner that achieves an appro2 priate balance in addressing the needs of urban3 ized areas and rural areas; and 

4 (C) in a manner that prioritizes eligible 

5 projects in areas described in section 301(a) of 

6 the Public Works and Economic Development 

7 Act of 1965 (42 U.S.C. 3161(a)). 

8 (2) STATE AMOUNTS.— 

9 (A) MINIMUM AMOUNT.—For each fiscal 

10 year, the total amount awarded to eligible 

11 projects in each State shall be not less than the 

12 lesser of— 

13 (i) 0.8 percent of the amounts made 

14 available to carry out the program for that 

15 fiscal year; and 

16 (ii) the total amount requested for eli17 gible projects in that State for that fiscal 

18 year for which the Secretary has deter19 mined meet the selection criteria under the 

20 program. 

21 (B) MAXIMUM AMOUNT.—For each fiscal 

22 year, the total amount provided under the pro23 gram for eligible projects in a single State shall 

24 not exceed an amount equal to 8 percent of the 


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1 amounts made available to carry out the pro2 gram for that fiscal year. 

3 (3) RURAL AREAS, URBANIZED AREAS, AND

4 FRONTLINE, VULNERABLE, OR DISADVANTAGED

5 COMMUNITIES.— 

6 (A) RURAL AREAS.— 

7 (i) IN GENERAL.—Of the amounts 

8 made available to carry out the program 

9 for each fiscal year, not less than 30 per10 cent and not more than 40 percent shall be 

11 used for eligible projects located in rural 

12 areas. 

13 (ii) GRANT AMOUNT.—The amount of 

14 a grant provided under the program for a 

15 project in a rural area shall be not less 

16 than $1,000,000. 

17 (iii) FEDERAL SHARE.—The Federal 

18 share of the cost of an eligible project in 

19 a rural area carried out with a grant under 

20 the program may exceed 90 percent, at the 

21 discretion of the Secretary. 

22 (B) URBANIZED AREAS.— 

23 (i) IN GENERAL.—Of the amounts 

24 made available to carry out the program 

25 for each fiscal year, not less than 60 perVerDate Sep 11 2014 00:25 Jun 07, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4277.IS S4277

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1 cent and not more than 70 percent shall be 

2 used for eligible projects located in urban3 ized areas. 

4 (ii) METROPOLITAN PLANNING

5 AREA.—Amounts made available under 

6 clause (i) may be used for eligible projects 

7 in the metropolitan planning area estab8 lished under section 134 of title 23, United 

9 States Code, that encompasses the urban10 ized area. 

11 (C) FRONTLINE, VULNERABLE, OR DIS12 ADVANTAGED COMMUNITIES.— 

13 (i) IN GENERAL.—Of the total 

14 amounts made available to carry out the 

15 program for each fiscal year under sub16 paragraphs (A) and (B), not less than 40 

17 percent shall be used for eligible projects 

18 located in frontline, vulnerable, or dis19 advantaged communities. 

20 (ii) GRANT AMOUNT.—The amount of 

21 a grant provided under the program for a 

22 project in a frontline, vulnerable, or dis23 advantaged community shall be not less 

24 than $1,000,000. 


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1 (iii) FEDERAL SHARE.—The Federal 

2 share of the cost of an eligible project in 

3 a frontline, vulnerable, or disadvantaged 

4 community carried out with a grant under 

5 the program may exceed 90 percent, at the 

6 discretion of the Secretary. 

7 (i) GRANT AMOUNT.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), a grant under the program shall be in an 

10 amount that is not less than $2,000,000. 

11 (2) PLANNING GRANTS.—A grant under the 

12 program for the planning, preparation, or design of 

13 an eligible project shall not be subject to a minimum 

14 grant amount. 

15 (j) FEDERAL SHARE.—Except as otherwise provided 

16 in this section, the Federal share of the cost of a project 

17 carried out with a grant under the program shall be, at 

18 the discretion of the eligible entity— 

19 (1) not more than 90 percent, for the purpose 

20 of planning, design, and construction of the project; 

21 and 

22 (2) up to 100 percent of the operation and 

23 maintenance costs of the project for the first 10 

24 years of the project. 


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1 (k) TIFIA; RRIF.—For each fiscal year, the Sec2 retary may use an amount equal to not more than 20 per3 cent of the amounts made available to carry out the pro4 gram for that fiscal year to pay the subsidy and adminis5 trative costs of projects eligible for Federal credit assist6 ance under chapter 6 of title 23, United States Code, or 

7 chapter 224 of title 49, United States Code, if the Sec8 retary finds that such use of those amounts would advance 

9 the purposes of the program. 

10 (l) BUY AMERICA.—Section 70914 of the Infrastruc11 ture Investment and Jobs Act (41 U.S.C. 8301 note; Pub12 lic Law 117–58) shall apply to an eligible project that re13 ceives a grant under the program. 

14 (m) LABOR PROVISIONS.— 

15 (1) EMPLOYEE WAGES AND PROTECTIONS.— 

16 Each contractor and subcontractor for an eligible 

17 project carried out under the program shall comply 

18 with the following: 

19 (A) MINIMUM WAGE.— 

20 (i) IN GENERAL.—All employees em21 ployed in the performance of the eligible 

22 project shall be paid at a rate of not less 

23 than— 

24 (I) $17.00 an hour, beginning on 

25 the date of enactment of this Act; and 


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1 (II) beginning on the date that is 

2 1 year after such date of enactment, 

3 and annually thereafter, the amount 

4 in effect under this clause for the pre5 ceding year, increased by the annual 

6 percentage increase, if any, in the me7 dian hourly wage of all employees as 

8 determined by the Bureau of Labor 

9 Statistics and rounded up to the near10 est multiple of $0.05 (if not otherwise 

11 a multiple of $0.05). 

12 (ii) CALCULATION.—In calculating the 

13 annual percentage increase in the median 

14 hourly wage of all employees for purposes 

15 of clause (i)(II), the Secretary of Labor, 

16 through the Bureau of Labor Statistics, 

17 shall— 

18 (I) compile data on the hourly 

19 wages of all employees to determine 

20 such a median hourly wage; and 

21 (II) compare such median hourly 

22 wage for the most recent year for 

23 which data are available with the me24 dian hourly wage determined for the 

25 preceding year. 


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•S 4277 IS

1 (iii) PREVAILING WAGES FOR LABOR2 ERS AND MECHANICS.— 

3 (I) IN GENERAL.—All laborers 

4 and mechanics employed by contrac5 tors or subcontractors in the perform6 ance of construction, alteration, or re7 pair work carried out, in whole or in 

8 part, with assistance made available 

9 under the program shall be paid 

10 wages at rates not less than the great11 er of— 

12 (aa) the rates prevailing on 

13 similar construction in the local14 ity as determined by the Sec15 retary of Labor in accordance 

16 with subchapter IV of chapter 31 

17 of title 40, United States Code; 

18 or 

19 (bb) the rate required under 

20 clause (i). 

21 (II) AUTHORITIES.—With respect 

22 to the labor standards specified in 

23 subclause (I)(aa), the Secretary of 

24 Labor shall have the authority and 

25 functions set forth in Reorganization 


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•S 4277 IS

1 Plan Numbered 14 of 1950 (64 Stat. 

2 1267; 5 U.S.C. App.) and section 

3 3145 of title 40, United States Code. 

4 (B) EMPLOYEE PROTECTIVE ARRANGE5 MENTS.—The contractor or subcontractor shall 

6 ensure the interests of employees employed in 

7 the performance of the eligible project shall be 

8 protected under arrangements the Secretary of 

9 Labor concludes are fair and equitable in ac10 cordance with section 5333(b) of title 49, 

11 United States Code, and meet the requirements 

12 of such section. The solicitation for the grant 

13 under this section shall specify the arrange14 ments. 

15 (C) NEUTRALITY TOWARD ORGANIZED

16 LABOR.—The contractor or subcontractor shall 

17 have— 

18 (i) an explicit policy of neutrality with 

19 regard to— 

20 (I) labor organizing for the em21 ployees of the contractor or subcon22 tractor employed in the performance 

23 of the eligible project; and 

24 (II) such employees’ choice to 

25 form and join labor organizations; and 


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•S 4277 IS

1 (ii) policies that require— 

2 (I) the posting and maintenance 

3 of notices in the workplace to such 

4 employees of their rights under the 

5 National Labor Relations Act (29 

6 U.S.C. 151 et seq.); and 

7 (II) that such employees are, at 

8 the beginning of their employment in 

9 the performance of the eligible 

10 project, provided notice and informa11 tion regarding the employees’ rights 

12 under such Act. 

13 (D) PAID FAMILY AND MEDICAL LEAVE.— 

14 The contractor or subcontractor shall have an 

15 explicit policy providing all employees employed 

16 in the performance of the eligible project not 

17 less than 12 workweeks of paid leave in a 12- 

18 month period for any purpose described in sec19 tion 102(a)(1) of the Family and Medical Leave 

20 Act of 1993 (29 U.S.C. 2612(a)(1)), in accord21 ance with regulations promulgated by the Sec22 retary of Labor. 

23 (E) FAIR SCHEDULING.— 

24 (i) IN GENERAL.—The contractor or 

25 subcontractor shall have an explicit policy 


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•S 4277 IS

1 for fair scheduling for employees employed 

2 in the performance of the eligible project, 

3 which shall include— 

4 (I) an opportunity for the em5 ployee to request— 

6 (aa) an adjustment in the 

7 number of hours, work location, 

8 or times of the employee’s work 

9 schedule; 

10 (bb) a change in the amount 

11 of notification provided to the 

12 employee regarding the work 

13 schedule; or 

14 (cc) the minimizing of fluc15 tuations in the number of hours 

16 the employee is scheduled to 

17 work on a daily, weekly, or 

18 monthly basis; and 

19 (II) a timely, good faith inter20 active process through which the con21 tractor or subcontractor and employee 

22 discuss the employee’s request under 

23 subclause (I) and the contractor or 

24 subcontractor grants the request or 


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•S 4277 IS

1 suggests any alternatives that might 

2 meet the employee’s needs. 

3 (ii) EXCEPTION.—Clause (i) shall not 

4 apply to any employee covered by a valid 

5 collective bargaining agreement if— 

6 (I) the terms of the collective 

7 bargaining agreement include terms 

8 that govern work scheduling practices; 

9 and 

10 (II) the provisions of clause (i) 

11 are expressly waived in such collective 

12 bargaining agreement. 

13 (F) PREFERENCES IN HIRING.—The con14 tractor or subcontractor shall have explicit poli15 cies that provide— 

16 (i) a preference for local hiring for all 

17 construction work conducted in the per18 formance of the eligible project, consistent 

19 with applicable Federal law and subject to 

20 rules issued by the Secretary of Labor; and 

21 (ii) a preference for the hiring of indi22 viduals from frontline, vulnerable, or dis23 advantaged communities for construction 

24 in the performance of an eligible contract. 


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•S 4277 IS

1 (G) CONTRACTOR REQUIREMENT REGARD2 ING SUBCONTRACTORS.—The contractor or sub3 contractor shall require that each subcontractor 

4 of the contractor for an eligible project carried 

5 out under the program comply with the require6 ments of this paragraph with respect to all em7 ployees of the subcontractor employed in the 

8 performance of the project. 

9 (2) DISCLOSURE.—A contractor desiring a con10 tract under an eligible project carried out under the 

11 program shall disclose to the Secretary in the con12 tract application any administrative merits deter13 mination, arbitral award or decision, or civil judg14 ment against the contractor during the previous 5 

15 years for any violation of— 

16 (A) the Fair Labor Standards Act of 1938 

17 (29 U.S.C. 201 et seq.); 

18 (B) the Occupational Safety and Health 

19 Act of 1970 (29 U.S.C. 651 et seq.); 

20 (C) the Migrant and Seasonal Agricultural 

21 Worker Protection Act (29 U.S.C. 1801 et 

22 seq.); 

23 (D) the National Labor Relations Act (29 

24 U.S.C. 151 et seq.); 


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•S 4277 IS

1 (E) subchapter IV of chapter 31 of title 

2 40, United States Code (commonly known as 

3 the ‘‘Davis-Bacon Act’’); 

4 (F) chapter 67 of title 41, United States 

5 Code (commonly known as the ‘‘Service Con6 tract Act’’); 

7 (G) Executive Order 11246 (42 U.S.C. 

8 2000e note; relating to equal employment op9 portunity); 

10 (H) section 503 of the Rehabilitation Act 

11 of 1973 (29 U.S.C. 793); 

12 (I) chapter 42 or 43 of title 38, United 

13 States Code; 

14 (J) the Family and Medical Leave Act of 

15 1993 (29 U.S.C. 2601 et seq.); 

16 (K) title VII of the Civil Rights Act of 

17 1964 (42 U.S.C. 2000e et seq.); 

18 (L) title I of the Americans with Disabil19 ities Act of 1990 (42 U.S.C. 12111 et seq.); 

20 (M) the Age Discrimination in Employ21 ment Act of 1967 (29 U.S.C. 621 et seq.); 

22 (N) Executive Order 13658 (79 Fed. Reg. 

23 9851; relating to establishing a minimum wage 

24 for contractors); 


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•S 4277 IS

1 (O) title II of the Genetic Information 

2 Nondiscrimination Act of 2008 (42 U.S.C. 

3 2000ff et seq.); 

4 (P) section 40002(b)(13)(A) of the Vio5 lence Against Women Act of 1994 (34 U.S.C. 

6 12291(b)(13)(A)); 

7 (Q) the Pregnant Workers Fairness Act 

8 (42 U.S.C. 2000gg et seq.); or 

9 (R) any State law equivalent of a law de10 scribed in any of subparagraphs (A) through 

11 (Q), in accordance with guidance issued by the 

12 Secretary of Labor. 

13 (3) LABOR AGREEMENTS FOR CONSTRUCTION

14 PROJECTS.— 

15 (A) IN GENERAL.—A contractor for an eli16 gible project carried out under the program 

17 that is a construction project shall be a party 

18 to a covered project labor agreement. 

19 (B) DEFINITIONS.—In this paragraph: 

20 (i) COVERED PROJECT LABOR AGREE21 MENT.—The term ‘‘covered project labor 

22 agreement’’ means a project labor agree23 ment that— 

24 (I) binds all contractors and sub25 contractors on the construction 


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•S 4277 IS

1 project through the inclusion of ap2 propriate specifications in all relevant 

3 solicitation provisions and contract 

4 documents; 

5 (II) allows all contractors and 

6 subcontractors to compete for con7 tracts and subcontracts without re8 gard to whether they are otherwise a 

9 party to a collective bargaining agree10 ment; 

11 (III) contains guarantees against 

12 strikes, lockouts, and other similar job 

13 disruptions; 

14 (IV) sets forth effective, prompt, 

15 and mutually binding procedures for 

16 resolving labor disputes arising during 

17 the covered project labor agreement; 

18 and 

19 (V) provides other mechanisms 

20 for labor-management cooperation on 

21 matters of mutual interest and con22 cern, including productivity, quality of 

23 work, safety, and health. 

24 (ii) PROJECT LABOR AGREEMENT.— 

25 The term ‘‘project labor agreement’’ means 


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•S 4277 IS

1 a pre-hire collective bargaining agreement 

2 with one or more labor organizations that 

3 establishes the terms and conditions of em4 ployment for a specific construction project 

5 and is described in section 8(f) of the Na6 tional Labor Relations Act (29 U.S.C. 

7 158(f)). 

8 (4) DETERMINING EMPLOYMENT RELATION9 SHIP.—For purposes of this subsection, an indi10 vidual performing any service in the performance of 

11 an eligible project for a contractor or subcontractor 

12 shall be considered an employee, and not an inde13 pendent contractor, of that contractor or subcon14 tractor, unless— 

15 (A) the individual is free from control and 

16 direction in connection with the performance of 

17 the service, both under the contract for the per18 formance of service and in fact; 

19 (B) the service is performed outside the 

20 usual course of the business of the contractor 

21 or subcontractor; and 

22 (C) the individual is customarily engaged 

23 in an independently established trade, occupa24 tion, profession, or business of the same nature 

25 as that involved in the service performed. 


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•S 4277 IS

1 (n) FUNDING.— 

2 (1) IN GENERAL.—There is authorized to be 

3 appropriated to carry out the program 

4 $50,000,000,000 for each of fiscal years 2025 

5 through 2034, of which not less than 

6 $15,000,000,000 shall be for grants for fixed route 

7 public transportation projects eligible for assistance 

8 under chapter 53 of title 49, United States Code. 

9 (2) AVAILABILITY.—Amounts made available 

10 under paragraph (1) shall remain available until 

11 January 1, 2045. 

12 SEC. 3. FEDERAL FUNDING EXCHANGE PROGRAMS. 

13 Section 106(g) of title 23, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO16 GRAMS.—A State may implement a program under 

17 which a subrecipient has the option to exchange 

18 Federal funds allocated to the subrecipient in ac19 cordance with the requirements of this title for State 

20 or local funds if the State certifies to the Secretary 

21 that— 

22 ‘‘(A) the State has prevailing wage and do23 mestic content requirements that are com24 parable to the requirements under sections 113 

25 and 313, respectively; and 


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•S 4277 IS

1 ‘‘(B) the requirements described in sub2 paragraph (A) shall apply to projects carried 

3 out using the State or local funds if the 

4 projects would have been subject to the require5 ments of sections 113 and 313 if the projects 

6 were carried out using Federal funds.’’. 

7 SEC. 4. CLOSING THE LOW-NO LOOPHOLE. 

8 Section 5339(c)(5)(B) of title 49, United States 

9 Code, is amended by striking ‘‘no less than 25 percent’’ 

10 and inserting ‘‘not more than 5 percent’’. 

11 SEC. 5. EXPANDING THE ELIGIBILITY OF FIXED GUIDEWAY 

12 GRANTS. 

13 Section 5309(b)(2) of title 49, United States Code, 

14 is amended by inserting ‘‘planning for a new fixed guide15 way capital project that would relieve crowding on an ex16 isting fixed guideway corridor, the installation of platform 

17 screen doors, the construction of new entrances to existing 

18 stations, the automation of operations that increase the 

19 frequency of service on the automated corridor,’’ after 

20 ‘‘construction of infill stations,’’. 

21 SEC. 6. PROHIBITION ON DISCRIMINATION. 

22 No individual in the United States may, on the basis 

23 of actual or perceived race, color, religion, national origin, 

24 sex (including gender identity and sexual orientation), age, 

25 or disability, be excluded from participation in, be denied 


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•S 4277 IS

1 the benefits of, or be subjected to discrimination under, 

2 any program or activity that is funded in whole or in part 

3 with funds made available to carry out this Act. 

Æ 


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