I 

118TH CONGRESS 

2D SESSION H. R. 8253 

To establish a green transportation infrastructure grant program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2024 

Mr. ROBERT GARCIA of California (for himself, Ms. OCASIO-CORTEZ, Mr. 

HUFFMAN, Mr. NADLER, Ms. NORTON, Mr. VARGAS, Ms. BARRAGA ́N, 

Mr. ESPAILLAT, Ms. MOORE of Wisconsin, Ms. SCHAKOWSKY, Ms. 

TLAIB, Ms. BUSH, Mr. BOYLE of Pennsylvania, Ms. PINGREE, Ms. 

MCCOLLUM, Mr. BOWMAN, Mr. POCAN, Ms. LEE of Pennsylvania, Mr. 

MULLIN, Mr. GARCI ́A of Illinois, Ms. VELA ́ZQUEZ, Mr. KHANNA, Ms. 

JAYAPAL, Mr. GOMEZ, Ms. OMAR, Mr. COHEN, and Mrs. RAMIREZ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

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 


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

2 Jobs Act’’. 

3 SEC. 2. GREEN TRANSPORTATION INFRASTRUCTURE 

4 GRANT PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

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

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

8 523.2 of title 49, Code of Federal Regulations (or 

9 successor regulations). 

10 (2) FRONTLINE, VULNERABLE, OR DISADVAN11 TAGED COMMUNITY.—The term ‘‘frontline, vulner12 able, or disadvantaged community’’ means a commu13 nity— 

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

15 of the Public Works and Economic Develop16 ment Act of 1965 (42 U.S.C. 3161(a)); 

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

18 environmental destruction has exacerbated sys19 temic racial, regional, social, environmental, 

20 gender, and economic injustices by dispropor21 tionately affecting Black, Brown, and Indige22 nous peoples, other communities of color, mi23 grant communities, deindustrialized commu24 nities, depopulated rural communities, the poor, 


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

2 unhoused, people with disabilities, or youth; 

3 (C) eligible for assistance under the 

4 Justice40 Initiative described in section 223 of 

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

6 relating to tackling the climate crisis at home 

7 and abroad); or 

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

9 high energy burden. 

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

11 project’’ means a project that— 

12 (A) deeply reduces transportation green13 house gas emissions and local air pollution; and 

14 (B) results in a reduction in overall energy 

15 use, maximization of energy efficiency, imple16 mentation and use of energy recovery, and an 

17 offset of the remaining demand for energy with 

18 production of energy from renewable energy 

19 sources, such that the project produces as much 

20 energy or energy savings as the project uses 

21 over the course of a year. 

22 (4) GREEN SPACE.— 

23 (A) IN GENERAL.—The term ‘‘green 

24 space’’ means publicly accessible land or water 

25 that— 


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1 (i) is partly or completely covered with 

2 grass, trees, shrubs, or other vegetation; 

3 and 

4 (ii) provides floodwater alleviation, 

5 storm water mitigation, green travel 

6 routes, water purification, cooling tempera7 tures, pollution management, public health 

8 benefits, enhancements to biodiversity, eco9 logical resilience, or greenhouse gas emis10 sions sequestration. 

11 (B) INCLUSIONS.—The term ‘‘green 

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

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

14 bodies of water, and trails. 

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

16 gas’’ means— 

17 (A) carbon dioxide; 

18 (B) hydrofluorocarbons; 

19 (C) methane; 

20 (D) nitrous oxide; 

21 (E) perfluorocarbons; 

22 (F) sulfur hexafluoride; 

23 (G) nitrogen triflouride; 

24 (H) chlorofluorocarbons; 


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1 (I) criteria pollutants for which there are 

2 national ambient air quality standards under 

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

4 7409); and 

5 (J) any other anthropogenically-emitted 

6 gas or particulate that the Administrator of the 

7 Environmental Protection Agency determines, 

8 after notice and comment— 

9 (i) to contribute to climate change; or 

10 (ii) to produce negative effects on 

11 human health, biodiversity, or ecological 

12 resilience. 

13 (6) GREENHOUSE GAS EMISSIONS.—The term 

14 ‘‘greenhouse gas emissions’’ means emissions of 

15 greenhouse gas, expressed in terms of metric tons of 

16 carbon dioxide equivalent. 

17 (7) NEW RENEWABLE ENERGY.—The term 

18 ‘‘new renewable energy’’ means renewable energy 

19 from a source that is not currently producing power. 

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

21 the green transportation infrastructure grant pro22 gram established under subsection (b). 

23 (9) PUBLICLY AVAILABLE EVSE.— 

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

25 available EVSE’’ means Electric Vehicle Supply 


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1 Equipment and any associated parking spaces 

2 designated by the property owner or lessee to be 

3 available to, and accessible by, the public for 

4 any period of time, including Electric Vehicle 

5 Supply Equipment and associated parking 

6 spaces located in parking garages or gated fa7 cilities if any member of the public can obtain 

8 vehicular access to the facility for free or 

9 through payment of a fee. 

10 (B) EXCLUSION.—The term ‘‘publicly 

11 available EVSE’’ does not include Electric Ve12 hicle Supply Equipment and any associated 

13 parking spaces in a workplace if the Electric 

14 Vehicle Supply Equipment and associated park15 ing spaces are clearly marked and operated as 

16 available exclusively to employees or contracted 

17 drivers. 

18 (10) RENEWABLE ENERGY SOURCE.—The term 

19 ‘‘renewable energy source’’ means energy generated 

20 from renewable sources, including the following: 

21 (A) Solar, including electricity. 

22 (B) Wind. 

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

24 and thermal. 


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1 (D) Geothermal, including electricity and 

2 heat pumps. 

3 (E) Hydroelectric generation capacity 

4 achieved from increased efficiency or additions 

5 of new capacity— 

6 (i) at an existing hydroelectric project; 

7 and 

8 (ii) that was placed in service on or 

9 after January 1, 1999. 

10 (F) Hydrogen used in fuel cells or other 

11 non-combustion technologies, if the quantity of 

12 lifecycle greenhouse gas emissions per unit of 

13 fuel energy is zero. 

14 (G) Thermal energy generated by any of 

15 the sources described in subparagraphs (A) 

16 through (F). 

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

18 respect to transportation infrastructure projects, 

19 means an anticipation of, preparation for, and adap20 tation of the project to disruptions and changing en21 vironmental and security conditions, and the 

22 achievement and maintenance by the project of the 

23 capability to withstand, respond to, and recover rap24 idly from disruptions while ensuring the sustainment 

25 of operations. 


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

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

3 fewer. 

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

5 means the Secretary of Transportation. 

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

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

8 200,000. 

9 (b) ESTABLISHMENT.—The Secretary shall establish 

10 a green transportation infrastructure grant program to 

11 provide grants on a competitive basis to eligible entities 

12 for capital investments in electrified surface transpor13 tation infrastructure projects that— 

14 (1) will have a significant local or regional im15 pact to improve transportation and reduce green16 house gas emissions and toxic emissions; and 

17 (2) are— 

18 (A) sustainable and resilient; and 

19 (B) green projects. 

20 (c) ELIGIBLE ENTITIES.—An entity eligible to re21 ceive a grant under the program is— 

22 (1) a State or territory; 

23 (2) a unit of local government; 

24 (3) a transit agency; 

25 (4) a port authority; 


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

2 the Indian Self-Determination and Education Assist3 ance Act (25 U.S.C. 5304)); 

4 (6) a Federal land management agency that 

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

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

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

8 (d) ELIGIBLE PROJECTS.— 

9 (1) IN GENERAL.—A project eligible to be car10 ried out with funds from a grant provided under the 

11 program is— 

12 (A) a fixed route public transportation 

13 project eligible for assistance under chapter 53 

14 of title 49, United States Code, that improves 

15 public transportation service for transit-depend16 ent populations, supports increased transit rid17 ership, and is powered by electricity, includ18 ing— 

19 (i) corridor-based bus rapid transit 

20 projects or new fixed guideway capital 

21 projects, such as light rail transit, heavy 

22 rail transit, or commuter rail transit 

23 projects; 

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1 hicles, with or without a leased power 

2 source, that will be used to decrease 

3 headways or provide new or expanded serv4 ice areas or times; and 

5 (iii) the construction, lease, rehabilita6 tion, or improvement of new or existing fa7 cilities and related equipment for low-emis8 sion or zero-emission vehicles, including 

9 overhead-wire in-motion charging tech10 nology; 

11 (B) a passenger or freight rail project that 

12 is powered solely by an external source of elec13 tricity or solar power; 

14 (C) a port infrastructure investment, in15 cluding inland port infrastructure and land 

16 ports of entry, that— 

17 (i) installs publicly available EVSE; 

18 (ii) facilitates the movement of goods 

19 via zero-emission modes; or 

20 (iii) supports the deployment of zero21 emission port equipment or technology (as 

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

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


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1 (D) an electrified public micromobility 

2 project, including an e-bike share and related 

3 projects; and 

4 (E) any other project that— 

5 (i) the Secretary determines to be ap6 propriate; and 

7 (ii) clearly demonstrates a contribu8 tion to the reduction of greenhouse gas 

9 emissions and toxic emissions. 

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

11 under the program may not be used to purchase 

12 fully automated cargo-handling equipment that is re13 motely operated or remotely monitored, with or with14 out the exercise of human intervention or control. 

15 (e) APPLICATION.— 

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

17 grant under the program, an eligible entity shall 

18 submit to the Secretary an application at such time, 

19 in such manner, and containing such information as 

20 the Secretary may require, including a zero-emission 

21 transition plan that examines the impact of the pro22 posed project on the workforce of the eligible entity, 

23 including an identification of skill gaps, training 

24 needs, and retraining needs of that workforce— 


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1 (A) to operate and maintain infrastructure 

2 that is part of the eligible project; and 

3 (B) to avoid displacement of that work4 force. 

5 (2) DEADLINES.—The Secretary shall— 

6 (A) publish a notice of funding opportunity 

7 for the program by not later than 10 days after 

8 October 1 of each fiscal year; 

9 (B) require applications for grants under 

10 the program to be submitted to the Secretary 

11 by not later than 90 days after the date on 

12 which the notice of funding opportunity is pub13 lished; and 

14 (C) select eligible projects to receive grants 

15 under the program, in accordance with sub16 section (f), by not later than 270 days after Oc17 tober 1 of each fiscal year. 

18 (f) SELECTION.— 

19 (1) IN GENERAL.—The Secretary shall select el20 igible projects to receive a grant under the program 

21 based on sustainability and workforce criteria, in22 cluding— 

23 (A) criteria that prioritize collective trans24 portation over individual transportation; 


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1 (B) criteria developed by the Secretary to 

2 reduce overall vehicle miles traveled in single 

3 occupancy, internal combustion engine vehicles; 

4 (C) the extent to which the project pro5 motes the electrification of all public transpor6 tation, intercity passenger and freight rail 

7 transportation, intercity bus service, and school 

8 bus service; 

9 (D) the extent to which the eligible entity 

10 has— 

11 (i) used funds apportioned under sec12 tion 104(b) of title 23, United States 

13 Code, to carry out the project; or 

14 (ii) demonstrated why the eligible en15 tity was unable to use those funds to carry 

16 out the project; 

17 (E) criteria developed by the Secretary, in 

18 consultation with the Administrator of the En19 vironmental Protection Agency, that consider 

20 the extent to which the eligible project contrib21 utes to— 

22 (i) climate resilience; 

23 (ii) climate mitigation; 

24 (iii) air pollution and emissions of 

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1 tion 112(a) of the Clean Air Act (42 

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

3 (iv) greenhouse gas emissions; 

4 (F) criteria developed by the Secretary, in 

5 consultation with the Secretary of Energy, that 

6 consider the extent to which the eligible project 

7 will achieve energy savings and reduced energy 

8 usage compared to other eligible projects; 

9 (G) criteria developed by the Secretary, in 

10 consultation with the Secretary of Energy, that 

11 consider the extent to which the eligible project 

12 will improve pedestrian and nonmotorized vehi13 cle access and safety compared to other eligible 

14 projects; 

15 (H) the extent to which the project will im16 prove the frequency of existing fixed route pub17 lic transportation service; 

18 (I) criteria developed by the Secretary, in 

19 consultation with the Secretary of Housing and 

20 Urban Development, that consider the extent to 

21 which a public transportation project serves 

22 areas of affordable housing or promotes transit23 oriented development; 

24 (J) the extent to which the eligible entity 

25 demonstrates methods to preserve or encourage 


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1 affordable housing near the project, as the Sec2 retary determines to be appropriate; 

3 (K) criteria developed by the Secretary, in 

4 consultation with the Secretary of Labor, that 

5 consider the information described in subsection 

6 (m)(2); and 

7 (L) criteria developed by the Secretary to 

8 identify projects underserved by existing Fed9 eral funding opportunities. 

10 (2) EXCLUSION.—In selecting eligible projects 

11 to receive a grant under the program, the Secretary 

12 shall not use the Federal share percentage or the 

13 ability of an applicant to generate non-Federal rev14 enue as a selection criterion. 

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

16 receive a grant under the program, the Secretary 

17 shall give priority to an eligible project— 

18 (A) that is located in— 

19 (i) a frontline, vulnerable, or dis20 advantaged community; 

21 (ii) an area identified as having dis22 proportionately high adverse human health 

23 and environmental impacts on minority 

24 populations and low-income populations; 

25 (iii) a community of color; 


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1 (iv) a low-income community; 

2 (v) a deindustrialized community; or 

3 (vi) a community facing environ4 mental injustice. 

5 (B) that requires a contribution of Federal 

6 funds in order to complete an overall financing 

7 package; 

8 (C) that includes— 

9 (i) the addition of— 

10 (I) a new green space; or 

11 (II) new State or local park sys12 tem units and recreation areas admin13 istered for outdoor recreation pur14 poses; or 

15 (ii) an improvement to improve access 

16 to an existing green space, State or local 

17 park system unit, or recreation area ad18 ministered for outdoor recreation purposes, 

19 including pedestrian and bicycle access; 

20 (D) for which the applicant commits to 

21 give preference to prime contractors, and sub22 contractors performing more than 50 percent of 

23 the work, that have a collective bargaining 

24 agreement in place with their employees that is 


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1 not a covered project labor agreement (as de2 fined in subsection (m)(3)(B)); or 

3 (E) that includes partnerships between 

4 Federal, State, and local agencies to ensure 

5 that the project is well-coordinated and meets 

6 the needs of the communities served by the 

7 project. 

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

9 each year, the Secretary shall — 

10 (A) submit a report that contains the cri11 teria for eligible projects developed under para12 graph (1) to— 

13 (i) the Committee on Commerce, 

14 Science, and Transportation of the Senate; 

15 (ii) the Committee on Environment 

16 and Public Works of the Senate; 

17 (iii) the Committee on Health, Edu18 cation, Labor, and Pensions of the Senate; 

19 (iv) the Committee on Transportation 

20 and Infrastructure of the House of Rep21 resentatives; 

22 (v) the Committee on Energy and 

23 Commerce of the House of Representa24 tives; and 


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1 (vi) the Committee on Education and 

2 Workforce of the House of Representa3 tives; and 

4 (B) make the report under subparagraph 

5 (A) available to the public. 

6 (g) GRANT REQUIREMENTS.— 

7 (1) ENVIRONMENTAL STANDARD.—As a condi8 tion of receiving a grant under the program, any 

9 building or structure that is part of an eligible 

10 project, including existing buildings, shall comply 

11 with, or, in the case of an existing building, be ren12 ovated to comply with, environmental standards de13 termined by the Secretary, that are at least as strin14 gent as the Leadership in Energy and Environ15 mental Design (LEED) standards of the United 

16 States Green Building Council. 

17 (2) WORKFORCE DEVELOPMENT.— 

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

19 subparagraph (B), an eligible entity that re20 ceives a grant under the program shall use not 

21 less than 5 percent of the funds from the grant 

22 to fund workforce development training, includ23 ing registered apprenticeships and other labor 

24 management training programs, as part of the 


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1 zero-emission transition plan of the eligible enti2 ty described in subsection (e)(1). 

3 (B) EXCEPTION.—The Secretary may re4 duce the amount set aside under subparagraph 

5 (A) for workforce development training with re6 spect to an eligible entity if the eligible entity 

7 certifies that a smaller percentage of grant 

8 funds is sufficient to fund the workforce devel9 opment training described in that subpara10 graph. 

11 (3) RAILWAY LABOR.— 

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

13 project that receives a grant under the pro14 gram, the eligible entity shall— 

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

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

17 United States Code; and 

18 (ii) ensure that work on the project is 

19 carried out by workers who are part of the 

20 existing workforce of the eligible entity, to 

21 the maximum extent possible. 

22 (B) EMPLOYEE PROTECTIONS.—In the 

23 case of a rail project that receives a grant 

24 under the program, the eligible entity shall 


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1 comply with section 22404 of title 49, United 

2 States Code. 

3 (4) USE OF RENEWABLE ENERGY.— 

4 (A) IN GENERAL.—As a condition of re5 ceiving a grant under the program, any eligible 

6 project that, after completion of the project, 

7 uses electrical energy shall use electrical energy 

8 in a manner that does not increase usage of 

9 nonrenewable energy sources, in accordance 

10 with subparagraph (B). 

11 (B) METHODS.—An eligible entity may 

12 comply with subparagraph (A) by— 

13 (i) purchasing new renewable energy 

14 or renewable energy credits for the eligible 

15 project; 

16 (ii) generating new renewable energy 

17 for the eligible project; 

18 (iii) converting to use of renewable en19 ergy for another project of the eligible enti20 ty in an equivalent quantity of nonrenew21 able energy used for the eligible project; or 

22 (iv) any combination of the methods 

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

24 (C) REPORT.—An eligible entity that re25 ceives a grant under the program shall report 


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1 to the Secretary annually on the percentage of 

2 renewable energy used and steps taken for en3 ergy conservation in the eligible project. 

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

5 receiving a grant under the program, the eligible en6 tity shall submit to the Secretary a certification that 

7 the eligible entity is in compliance with subsection 

8 (m). 

9 (6) COMPLIANCE.— 

10 (A) IN GENERAL.—If the Secretary deter11 mines that an eligible project is not in compli12 ance with any provision of this subsection, the 

13 Secretary shall promptly notify the eligible enti14 ty of the noncompliance. 

15 (B) WITHHOLDING OF FUNDS FOR NON16 COMPLIANCE.—If an eligible entity that receives 

17 a notification of noncompliance under subpara18 graph (A) is not in compliance with this sub19 section beginning on the date that is 180 days 

20 after the date of the notification under subpara21 graph (A), the Secretary shall withhold from 

22 the State in which the eligible project is located 

23 10 percent of the amount required to be appor24 tioned to the State under section 104(b) of title 

25 23, United States Code, from that State until 


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1 the eligible project is in compliance with this 

2 subsection. 

3 (h) DISTRIBUTION OF GRANTS.— 

4 (1) IN GENERAL.—For each fiscal year, in car5 rying out the program, the Secretary shall ensure 

6 that grants are provided— 

7 (A) on an equitable geographical basis, in8 cluding with respect to Tribal communities; 

9 (B) in a manner that achieves an appro10 priate balance in addressing the needs of urban11 ized areas and rural areas; and 

12 (C) in a manner that prioritizes eligible 

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

14 the Public Works and Economic Development 

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

16 (2) STATE AMOUNTS.— 

17 (A) MINIMUM AMOUNT.—For each fiscal 

18 year, the total amount awarded to eligible 

19 projects in each State shall be not less than the 

20 lesser of— 

21 (i) 0.8 percent of the amounts made 

22 available to carry out the program for that 

23 fiscal year; and 

24 (ii) the total amount requested for eli25 gible projects in that State for that fiscal 


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1 year for which the Secretary has deter2 mined meet the selection criteria under the 

3 program. 

4 (B) MAXIMUM AMOUNT.—For each fiscal 

5 year, the total amount provided under the pro6 gram for eligible projects in a single State shall 

7 not exceed an amount equal to 8 percent of the 

8 amounts made available to carry out the pro9 gram for that fiscal year. 

10 (3) RURAL AREAS, URBANIZED AREAS, AND

11 FRONTLINE, VULNERABLE, OR DISADVANTAGED

12 COMMUNITIES.— 

13 (A) RURAL AREAS.— 

14 (i) IN GENERAL.—Of the amounts 

15 made available to carry out the program 

16 for each fiscal year, not less than 30 per17 cent and not more than 40 percent shall be 

18 used for eligible projects located in rural 

19 areas. 

20 (ii) GRANT AMOUNT.—The amount of 

21 a grant provided under the program for a 

22 project in a rural area shall be not less 

23 than $1,000,000. 

24 (iii) FEDERAL SHARE.—The Federal 

25 share of the cost of an eligible project in 


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1 a rural area carried out with a grant under 

2 the program may exceed 90 percent, at the 

3 discretion of the Secretary. 

4 (B) URBANIZED AREAS.— 

5 (i) IN GENERAL.—Of the amounts 

6 made available to carry out the program 

7 for each fiscal year, not less than 60 per8 cent and not more than 70 percent shall be 

9 used for eligible projects located in urban10 ized areas. 

11 (ii) METROPOLITAN PLANNING

12 AREA.—Amounts made available under 

13 clause (i) may be used for eligible projects 

14 in the metropolitan planning area estab15 lished under section 134 of title 23, United 

16 States Code, that encompasses the urban17 ized area. 

18 (C) FRONTLINE, VULNERABLE, OR DIS19 ADVANTAGED COMMUNITIES.— 

20 (i) IN GENERAL.—Of the total 

21 amounts made available to carry out the 

22 program for each fiscal year under sub23 paragraphs (A) and (B), not less than 40 

24 percent shall be used for eligible projects 


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1 located in frontline, vulnerable, or dis2 advantaged communities. 

3 (ii) GRANT AMOUNT.—The amount of 

4 a grant provided under the program for a 

5 project in a frontline, vulnerable, or dis6 advantaged community shall be not less 

7 than $1,000,000. 

8 (iii) FEDERAL SHARE.—The Federal 

9 share of the cost of an eligible project in 

10 a frontline, vulnerable, or disadvantaged 

11 community carried out with a grant under 

12 the program may exceed 90 percent, at the 

13 discretion of the Secretary. 

14 (i) GRANT AMOUNT.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), a grant under the program shall be in an 

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

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

19 program for the planning, preparation, or design of 

20 an eligible project shall not be subject to a minimum 

21 grant amount. 

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

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

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

25 the discretion of the eligible entity— 


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

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

3 and 

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

5 maintenance costs of the project for the first 10 

6 years of the project. 

7 (k) TIFIA; RRIF.—For each fiscal year, the Sec8 retary may use an amount equal to not more than 20 per9 cent of the amounts made available to carry out the pro10 gram for that fiscal year to pay the subsidy and adminis11 trative costs of projects eligible for Federal credit assist12 ance under chapter 6 of title 23, United States Code, or 

13 chapter 224 of title 49, United States Code, if the Sec14 retary finds that such use of those amounts would advance 

15 the purposes of the program. 

16 (l) BUY AMERICA.—Section 70914 of the Infrastruc17 ture Investment and Jobs Act (41 U.S.C. 8301 note; Pub18 lic Law 117–58) shall apply to an eligible project that re19 ceives a grant under the program. 

20 (m) LABOR PROVISIONS.— 

21 (1) EMPLOYEE WAGES AND PROTECTIONS.— 

22 Each contractor and subcontractor for an eligible 

23 project carried out under the program shall comply 

24 with the following: 

25 (A) MINIMUM WAGE.— 


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1 (i) IN GENERAL.—All employees em2 ployed in the performance of the eligible 

3 project shall be paid at a rate of not less 

4 than— 

5 (I) $17.00 an hour, beginning on 

6 the date of enactment of this Act; and 

7 (II) beginning on the date that is 

8 1 year after such date of enactment, 

9 and annually thereafter, the amount 

10 in effect under this clause for the pre11 ceding year, increased by the annual 

12 percentage increase, if any, in the me13 dian hourly wage of all employees as 

14 determined by the Bureau of Labor 

15 Statistics and rounded up to the near16 est multiple of $0.05 (if not otherwise 

17 a multiple of $0.05). 

18 (ii) CALCULATION.—In calculating the 

19 annual percentage increase in the median 

20 hourly wage of all employees for purposes 

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

22 through the Bureau of Labor Statistics, 

23 shall— 


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1 (I) compile data on the hourly 

2 wages of all employees to determine 

3 such a median hourly wage; and 

4 (II) compare such median hourly 

5 wage for the most recent year for 

6 which data are available with the me7 dian hourly wage determined for the 

8 preceding year. 

9 (iii) PREVAILING WAGES FOR LABOR10 ERS AND MECHANICS.— 

11 (I) IN GENERAL.—All laborers 

12 and mechanics employed by contrac13 tors or subcontractors in the perform14 ance of construction, alteration, or re15 pair work carried out, in whole or in 

16 part, with assistance made available 

17 under the program shall be paid 

18 wages at rates not less than the great19 er of— 

20 (aa) the rates prevailing on 

21 similar construction in the local22 ity as determined by the Sec23 retary of Labor in accordance 

24 with subchapter IV of chapter 31 


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1 of title 40, United States Code; 

2 or 

3 (bb) the rate required under 

4 clause (i). 

5 (II) AUTHORITIES.—With respect 

6 to the labor standards specified in 

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

8 Labor shall have the authority and 

9 functions set forth in Reorganization 

10 Plan Numbered 14 of 1950 (64 Stat. 

11 1267; 5 U.S.C. App.) and section 

12 3145 of title 40, United States Code. 

13 (B) EMPLOYEE PROTECTIVE ARRANGE14 MENTS.—The contractor or subcontractor shall 

15 ensure the interests of employees employed in 

16 the performance of the eligible project shall be 

17 protected under arrangements the Secretary of 

18 Labor concludes are fair and equitable in ac19 cordance with section 5333(b) of title 49, 

20 United States Code, and meet the requirements 

21 of such section. The solicitation for the grant 

22 under this section shall specify the arrange23 ments. 


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1 (C) NEUTRALITY TOWARD ORGANIZED

2 LABOR.—The contractor or subcontractor shall 

3 have— 

4 (i) an explicit policy of neutrality with 

5 regard to— 

6 (I) labor organizing for the em7 ployees of the contractor or subcon8 tractor employed in the performance 

9 of the eligible project; and 

10 (II) such employees’ choice to 

11 form and join labor organizations; and 

12 (ii) policies that require— 

13 (I) the posting and maintenance 

14 of notices in the workplace to such 

15 employees of their rights under the 

16 National Labor Relations Act (29 

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

18 (II) that such employees are, at 

19 the beginning of their employment in 

20 the performance of the eligible 

21 project, provided notice and informa22 tion regarding the employees’ rights 

23 under such Act. 

24 (D) PAID FAMILY AND MEDICAL LEAVE.— 

25 The contractor or subcontractor shall have an 


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1 explicit policy providing all employees employed 

2 in the performance of the eligible project not 

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

4 month period for any purpose described in sec5 tion 102(a)(1) of the Family and Medical Leave 

6 Act of 1993 (29 U.S.C. 2612(a)(1)), in accord7 ance with regulations promulgated by the Sec8 retary of Labor. 

9 (E) FAIR SCHEDULING.— 

10 (i) IN GENERAL.—The contractor or 

11 subcontractor shall have an explicit policy 

12 for fair scheduling for employees employed 

13 in the performance of the eligible project, 

14 which shall include— 

15 (I) an opportunity for the em16 ployee to request— 

17 (aa) an adjustment in the 

18 number of hours, work location, 

19 or times of the employee’s work 

20 schedule; 

21 (bb) a change in the amount 

22 of notification provided to the 

23 employee regarding the work 

24 schedule; or 


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1 (cc) the minimizing of fluc2 tuations in the number of hours 

3 the employee is scheduled to 

4 work on a daily, weekly, or 

5 monthly basis; and 

6 (II) a timely, good faith inter7 active process through which the con8 tractor or subcontractor and employee 

9 discuss the employee’s request under 

10 subclause (I) and the contractor or 

11 subcontractor grants the request or 

12 suggests any alternatives that might 

13 meet the employee’s needs. 

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

15 apply to any employee covered by a valid 

16 collective bargaining agreement if— 

17 (I) the terms of the collective 

18 bargaining agreement include terms 

19 that govern work scheduling practices; 

20 and 

21 (II) the provisions of clause (i) 

22 are expressly waived in such collective 

23 bargaining agreement. 


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1 (F) PREFERENCES IN HIRING.—The con2 tractor or subcontractor shall have explicit poli3 cies that provide— 

4 (i) a preference for local hiring for all 

5 construction work conducted in the per6 formance of the eligible project, consistent 

7 with applicable Federal law and subject to 

8 rules issued by the Secretary of Labor; and 

9 (ii) a preference for the hiring of indi10 viduals from frontline, vulnerable, or dis11 advantaged communities for construction 

12 in the performance of an eligible contract. 

13 (G) CONTRACTOR REQUIREMENT REGARD14 ING SUBCONTRACTORS.—The contractor or sub15 contractor shall require that each subcontractor 

16 of the contractor for an eligible project carried 

17 out under the program comply with the require18 ments of this paragraph with respect to all em19 ployees of the subcontractor employed in the 

20 performance of the project. 

21 (2) DISCLOSURE.—A contractor desiring a con22 tract under an eligible project carried out under the 

23 program shall disclose to the Secretary in the con24 tract application any administrative merits deter25 mination, arbitral award or decision, or civil judgVerDate Sep 11 2014 23:09 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H8253.IH H8253

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1 ment against the contractor during the previous 5 

2 years for any violation of— 

3 (A) the Fair Labor Standards Act of 1938 

4 (29 U.S.C. 201 et seq.); 

5 (B) the Occupational Safety and Health 

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

7 (C) the Migrant and Seasonal Agricultural 

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

9 seq.); 

10 (D) the National Labor Relations Act (29 

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

12 (E) subchapter IV of chapter 31 of title 

13 40, United States Code (commonly known as 

14 the ‘‘Davis-Bacon Act’’); 

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

16 Code (commonly known as the ‘‘Service Con17 tract Act’’); 

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

19 2000e note; relating to equal employment op20 portunity); 

21 (H) section 503 of the Rehabilitation Act 

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

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

24 States Code; 


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1 (J) the Family and Medical Leave Act of 

2 1993 (29 U.S.C. 2601 et seq.); 

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

4 1964 (42 U.S.C. 2000e et seq.); 

5 (L) title I of the Americans with Disabil6 ities Act of 1990 (42 U.S.C. 12111 et seq.); 

7 (M) the Age Discrimination in Employ8 ment Act of 1967 (29 U.S.C. 621 et seq.); 

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

10 9851; relating to establishing a minimum wage 

11 for contractors); 

12 (O) title II of the Genetic Information 

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

14 2000ff et seq.); 

15 (P) section 40002(b)(13)(A) of the Vio16 lence Against Women Act of 1994 (34 U.S.C. 

17 12291(b)(13)(A)); 

18 (Q) the Pregnant Workers Fairness Act 

19 (42 U.S.C. 2000gg et seq.); or 

20 (R) any State law equivalent of a law de21 scribed in any of subparagraphs (A) through 

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

23 Secretary of Labor. 

24 (3) LABOR AGREEMENTS FOR CONSTRUCTION

25 PROJECTS.— 


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1 (A) IN GENERAL.—A contractor for an eli2 gible project carried out under the program 

3 that is a construction project shall be a party 

4 to a covered project labor agreement. 

5 (B) DEFINITIONS.—In this paragraph: 

6 (i) COVERED PROJECT LABOR AGREE7 MENT.—The term ‘‘covered project labor 

8 agreement’’ means a project labor agree9 ment that— 

10 (I) binds all contractors and sub11 contractors on the construction 

12 project through the inclusion of ap13 propriate specifications in all relevant 

14 solicitation provisions and contract 

15 documents; 

16 (II) allows all contractors and 

17 subcontractors to compete for con18 tracts and subcontracts without re19 gard to whether they are otherwise a 

20 party to a collective bargaining agree21 ment; 

22 (III) contains guarantees against 

23 strikes, lockouts, and other similar job 

24 disruptions; 


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1 (IV) sets forth effective, prompt, 

2 and mutually binding procedures for 

3 resolving labor disputes arising during 

4 the covered project labor agreement; 

5 and 

6 (V) provides other mechanisms 

7 for labor-management cooperation on 

8 matters of mutual interest and con9 cern, including productivity, quality of 

10 work, safety, and health. 

11 (ii) PROJECT LABOR AGREEMENT.— 

12 The term ‘‘project labor agreement’’ means 

13 a pre-hire collective bargaining agreement 

14 with one or more labor organizations that 

15 establishes the terms and conditions of em16 ployment for a specific construction project 

17 and is described in section 8(f) of the Na18 tional Labor Relations Act (29 U.S.C. 

19 158(f)). 

20 (4) DETERMINING EMPLOYMENT RELATION21 SHIP.—For purposes of this subsection, an indi22 vidual performing any service in the performance of 

23 an eligible project for a contractor or subcontractor 

24 shall be considered an employee, and not an indeVerDate Sep 11 2014 23:09 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H8253.IH H8253

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1 pendent contractor, of that contractor or subcon2 tractor, unless— 

3 (A) the individual is free from control and 

4 direction in connection with the performance of 

5 the service, both under the contract for the per6 formance of service and in fact; 

7 (B) the service is performed outside the 

8 usual course of the business of the contractor 

9 or subcontractor; and 

10 (C) the individual is customarily engaged 

11 in an independently established trade, occupa12 tion, profession, or business of the same nature 

13 as that involved in the service performed. 

14 (n) FUNDING.— 

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

16 appropriated to carry out the program 

17 $50,000,000,000 for each of fiscal years 2025 

18 through 2034, of which not less than 

19 $15,000,000,000 shall be for grants for fixed route 

20 public transportation projects eligible for assistance 

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

22 (2) AVAILABILITY.—Amounts made available 

23 under paragraph (1) shall remain available until 

24 January 1, 2045. 


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1 SEC. 3. FEDERAL FUNDING EXCHANGE PROGRAMS. 

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

3 amended by adding at the end the following: 

4 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO5 GRAMS.—A State may implement a program under 

6 which a subrecipient has the option to exchange 

7 Federal funds allocated to the subrecipient in ac8 cordance with the requirements of this title for State 

9 or local funds if the State certifies to the Secretary 

10 that— 

11 ‘‘(A) the State has prevailing wage and do12 mestic content requirements that are com13 parable to the requirements under sections 113 

14 and 313, respectively; and 

15 ‘‘(B) the requirements described in sub16 paragraph (A) shall apply to projects carried 

17 out using the State or local funds if the 

18 projects would have been subject to the require19 ments of sections 113 and 313 if the projects 

20 were carried out using Federal funds.’’. 

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

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

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

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


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1 SEC. 5. EXPANDING THE ELIGIBILITY OF FIXED GUIDEWAY 

2 GRANTS. 

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

4 is amended by inserting ‘‘planning for a new fixed guide5 way capital project that would relieve crowding on an ex6 isting fixed guideway corridor, the installation of platform 

7 screen doors, the construction of new entrances to existing 

8 stations, the automation of operations that increase the 

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

10 ‘‘construction of infill stations,’’. 

11 SEC. 6. PROHIBITION ON DISCRIMINATION. 

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

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

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

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

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

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

18 with funds made available to carry out this Act. 

Æ 


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