II 

117TH CONGRESS 

1ST SESSION S. 874 

To establish a green transportation infrastructure grant program, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Ms. WARREN (for herself, Mr. MARKEY, Mr. MERKLEY, Mr. SANDERS, Mr. 

PADILLA, Mr. BOOKER, and Mr. BLUMENTHAL) 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, AND DISADVAN9 TAGED COMMUNITY.—The term ‘‘frontline, vulner10 able, and disadvantaged community’’ means a com11 munity— 

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)); and 

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

16 environmental destruction have 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 (3) GLOBAL WARMING POTENTIAL.—The term 

26 ‘‘global warming potential’’ has the meaning given 


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1 the term in section 98.6 of title 40, Code of Federal 

2 Regulations (or successor regulations). 

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

4 project’’ means a project that— 

5 (A) deeply reduces transportation green6 house gas emissions and local air pollution; and 

7 (B) results in a reduction in overall energy 

8 use, maximization of energy efficiency, imple9 mentation and use of energy recovery, and an 

10 offset of the remaining demand for energy with 

11 production of energy from renewable energy 

12 sources, such that the project produces as much 

13 energy or energy savings as the project uses 

14 over the course of a year. 

15 (5) GREEN SPACE.— 

16 (A) IN GENERAL.—The term ‘‘green 

17 space’’ means publicly accessible land or water 

18 that— 

19 (i) is partly or completely covered with 

20 grass, trees, shrubs, or other vegetation; 

21 and 

22 (ii) provides floodwater alleviation, 

23 storm water mitigation, green travel 

24 routes, water purification, cooling tempera25 tures, pollution management, public health 


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1 benefits, enhancements to biodiversity, eco2 logical resilience, or greenhouse gas emis3 sions sequestration. 

4 (B) INCLUSIONS.—The term ‘‘green 

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

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

7 bodies of water, and trails. 

8 (6) GREENHOUSE GAS.—The term ‘‘greenhouse 

9 gas’’ means— 

10 (A) carbon dioxide; 

11 (B) hydrofluorocarbons; 

12 (C) methane; 

13 (D) nitrous oxide; 

14 (E) perfluorocarbons; 

15 (F) sulfur hexafluoride; 

16 (G) nitrogen triflouride; 

17 (H) chlorofluorocarbons; 

18 (I) criteria pollutants for which there are 

19 national ambient air quality standards under 

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

21 7409); and 

22 (J) any other anthropogenically-emitted 

23 gas or particulate that the Administrator of the 

24 Environmental Protection Agency determines, 

25 after notice and comment— 


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1 (i) to contribute to climate change; or 

2 (ii) to produce negative effects on 

3 human health, biodiversity, or ecological 

4 resilience. 

5 (7) GREENHOUSE GAS EMISSIONS.—The term 

6 ‘‘greenhouse gas emissions’’ means emissions of 

7 greenhouse gas, expressed in terms of metric tons of 

8 carbon dioxide equivalent. 

9 (8) NEW RENEWABLE ENERGY.—The term 

10 ‘‘new renewable energy’’ means renewable energy 

11 from a source that is not currently producing power. 

12 (9) PROGRAM.—The term ‘‘program’’ means 

13 the green transportation infrastructure grant pro14 gram established under subsection (b). 

15 (10) PUBLICLY AVAILABLE EVSE.— 

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

17 available EVSE’’ means Electric Vehicle Supply 

18 Equipment and any associated parking spaces 

19 designated by the property owner or lessee to be 

20 available to, and accessible by, the public for 

21 any period of time, including Electric Vehicle 

22 Supply Equipment and associated parking 

23 spaces located in parking garages or gated fa24 cilities if any member of the public can obtain 


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1 vehicular access to the facility for free or 

2 through payment of a fee. 

3 (B) EXCLUSION.—The term ‘‘publicly 

4 available EVSE’’ does not include Electric Ve5 hicle Supply Equipment and any associated 

6 parking spaces in a workplace if the Electric 

7 Vehicle Supply Equipment and associated park8 ing spaces are clearly marked and operated as 

9 available exclusively to employees or contracted 

10 drivers. 

11 (11) RENEWABLE ENERGY SOURCE.—The term 

12 ‘‘renewable energy source’’ means energy generated 

13 from renewable sources, including the following: 

14 (A) Solar, including electricity. 

15 (B) Wind. 

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

17 and thermal. 

18 (D) Geothermal, including electricity and 

19 heat pumps. 

20 (E) Hydroelectric generation capacity 

21 achieved from increased efficiency or additions 

22 of new capacity— 

23 (i) at an existing hydroelectric project; 

24 and 


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1 (ii) that was placed in service on or 

2 after January 1, 1999. 

3 (F) Hydrogen used in fuel cells or other 

4 non-combustion technologies. 

5 (G) Thermal energy generated by any of 

6 the sources described in subparagraphs (A) 

7 through (F). 

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

9 respect to transportation infrastructure projects, 

10 means an anticipation of, preparation for, and adap11 tation of the project to disruptions and changing en12 vironmental and security conditions, and the 

13 achievement and maintenance by the project of the 

14 capability to withstand, respond to, and recover rap15 idly from disruptions while ensuring the sustainment 

16 of operations. 

17 (13) RURAL AREA.—The term ‘‘rural area’’ 

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

19 fewer. 

20 (14) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Transportation. 

22 (15) URBANIZED AREA.—The term ‘‘urbanized 

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

24 200,000. 


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1 (b) ESTABLISHMENT.—The Secretary shall establish 

2 a green transportation infrastructure grant program to 

3 provide grants on a competitive basis to eligible entities 

4 for capital investments in electrified surface transpor5 tation infrastructure projects that— 

6 (1) will have a significant local or regional im7 pact to improve transportation and reduce green8 house gas emissions and toxic emissions; and 

9 (2) are— 

10 (A) sustainable and resilient; and 

11 (B) green projects. 

12 (c) ELIGIBLE ENTITIES.—An entity eligible to re13 ceive a grant under the program is— 

14 (1) a State; 

15 (2) a unit of local government; 

16 (3) a transit agency; 

17 (4) a port authority; 

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

19 the Indian Self-Determination and Education Assist20 ance Act (25 U.S.C. 5304)); or 

21 (6) a group of entities described in paragraphs 

22 (1) through (5). 

23 (d) ELIGIBLE PROJECTS.—A project eligible to be 

24 carried out with funds from a grant provided under the 

25 program is— 


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1 (1) a highway or bridge project eligible for as2 sistance under title 23, United States Code, that has 

3 or installs publicly available EVSE on the highway 

4 or on a highway in immediate proximity to the 

5 bridge; 

6 (2) a public transportation project eligible for 

7 assistance under chapter 53 of title 49, United 

8 States Code, that is powered by electricity; 

9 (3) a passenger or freight rail project that is 

10 powered solely by an external source of electricity or 

11 solar power; 

12 (4) a port infrastructure investment, including 

13 inland port infrastructure and land ports of entry, 

14 that installs publicly available EVSE or converts fos15 sil fuel-powered equipment to electrified equipment; 

16 and 

17 (5) any other projects that— 

18 (A) the Secretary determines to be appro19 priate; and 

20 (B) clearly demonstrate a contribution to 

21 the reduction of greenhouse gas emissions and 

22 toxic emissions. 

23 (e) APPLICATION.— 

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

25 grant under the program, an eligible entity shall 


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1 submit to the Secretary an application at such time, 

2 in such manner, and containing such information as 

3 the Secretary may require. 

4 (2) DEADLINES.—The Secretary shall— 

5 (A) publish a notice of funding opportunity 

6 for the program by not later than 10 days after 

7 October 1 of each fiscal year; 

8 (B) require applications for grants under 

9 the program to be submitted to the Secretary 

10 by not later than 90 days after the date on 

11 which the notice of funding opportunity is pub12 lished; and 

13 (C) select eligible projects to receive grants 

14 under the program, in accordance with sub15 section (f), by not later than 270 days after Oc16 tober 1 of each fiscal year. 

17 (f) SELECTION.— 

18 (1) IN GENERAL.—The Secretary shall select el19 igible projects to receive a grant under the program 

20 based on sustainability criteria, including— 

21 (A) the extent to which the project pro22 motes the electrification of all public transpor23 tation, including electric city buses, electric 

24 commuter rail, electric vehicle fleets, and elec25 tric school buses; 


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1 (B) criteria in the Infrastructure Vol2 untary Evaluation Sustainability Tool (IN3 VEST) of the Federal Highway Administration; 

4 (C) criteria developed by the Secretary to 

5 promote electric vehicle charging infrastructure; 

6 (D) criteria developed by the Secretary to 

7 reduce overall vehicle miles traveled in single 

8 occupancy, internal combustion engine vehicles; 

9 (E) criteria developed by the Secretary, in 

10 consultation with the Administrator of the En11 vironmental Protection Agency, that consider 

12 the extent to which the eligible project contrib13 utes to— 

14 (i) climate resilience; 

15 (ii) climate mitigation; 

16 (iii) air pollution and emissions of 

17 hazardous air pollutants (as defined in sec18 tion 112(a) of the Clean Air Act (42 

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

20 (iv) greenhouse gas emissions; 

21 (F) criteria developed by the Secretary, in 

22 consultation with the Secretary of Energy, that 

23 consider the extent to which the eligible project 

24 will achieve energy savings and reduced energy 

25 usage compared to other eligible projects; and 


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1 (G) criteria developed by the Secretary, in 

2 consultation with the Secretary of Energy, that 

3 consider the extent to which the eligible project 

4 will improve pedestrian and nonmotorized vehi5 cle access and safety compared to other eligible 

6 projects. 

7 (2) EXCLUSION.—In selecting eligible projects 

8 to receive a grant under the program, the Secretary 

9 shall not use the Federal share percentage or the 

10 ability of an applicant to generate non-Federal rev11 enue as a selection criterion. 

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

13 receive a grant under the program, the Secretary 

14 shall give priority to an eligible project that— 

15 (A) is located in— 

16 (i) a frontline, vulnerable, and dis17 advantaged community; 

18 (ii) an area identified as having dis19 proportionately high adverse human health 

20 and environmental impacts on minority 

21 populations and low-income populations; 

22 (iii) a community of color; 

23 (iv) a low-income community; 

24 (v) a deindustrialized community; or 


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1 (vi) a community facing environ2 mental injustice; 

3 (B) requires a contribution of Federal 

4 funds in order to complete an overall financing 

5 package; or 

6 (C) includes— 

7 (i) the addition of— 

8 (I) a new green space; or 

9 (II) new State or local park sys10 tem units and recreation areas admin11 istered for outdoor recreation pur12 poses; or 

13 (ii) an improvement to improve access 

14 to an existing green space, State or local 

15 park system unit, or recreation area ad16 ministered for outdoor recreation purposes, 

17 including pedestrian and bicycle access. 

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

19 each year, the Secretary shall— 

20 (A) submit a report that contains the cri21 teria for eligible projects developed under para22 graph (1) to— 

23 (i) the Committee on Commerce, 

24 Science, and Transportation of the Senate; 


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1 (ii) the Committee on Environment 

2 and Public Works of the Senate; 

3 (iii) the Committee on Transportation 

4 and Infrastructure of the House of Rep5 resentatives; and 

6 (iv) the Committee on Energy and 

7 Commerce of the House of Representa8 tives; and 

9 (B) make the report under subparagraph 

10 (A) available to the public. 

11 (g) GRANT REQUIREMENTS.— 

12 (1) ENVIRONMENTAL STANDARD.—As a condi13 tion of receiving a grant under the program, any 

14 building or structure that is part of an eligible 

15 project, including existing buildings, shall comply 

16 with, or, in the case of an existing building, be ren17 ovated to comply with, environmental standards de18 termined by the Secretary, that are at least as strin19 gent as the Leadership in Energy and Environ20 mental Design (LEED) standards of the United 

21 States Green Building Council. 

22 (2) USE OF RENEWABLE ENERGY.— 

23 (A) IN GENERAL.—As a condition of re24 ceiving a grant under the program, any eligible 

25 project that, after completion of the project, 


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1 uses electrical energy shall use electrical energy 

2 in a manner that does not increase usage of 

3 nonrenewable energy sources, in accordance 

4 with subparagraph (B). 

5 (B) METHODS.—An eligible entity may 

6 comply with subparagraph (A) by— 

7 (i) purchasing new renewable energy 

8 or renewable energy credits for the eligible 

9 project; 

10 (ii) generating new renewable energy 

11 for the eligible project; 

12 (iii) converting to use of renewable en13 ergy for another project of the eligible enti14 ty in an equivalent quantity of nonrenew15 able energy used for the eligible project; or 

16 (iv) any combination of the methods 

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

18 (C) COMPLIANCE.— 

19 (i) IN GENERAL.—If the Secretary de20 termines that an eligible project is not in 

21 compliance with subparagraph (A), the 

22 Secretary shall promptly notify the eligible 

23 entity of the noncompliance. 

24 (ii) WITHHOLDING OF FUNDS FOR

25 NONCOMPLIANCE.—If an eligible entity 


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1 that receives a notification of noncompli2 ance under clause (i) is not in compliance 

3 with subparagraph (A) beginning on the 

4 date that is 180 days after the date of the 

5 notification under clause (i), the Secretary 

6 shall withhold from the State in which the 

7 eligible project is located 10 percent of the 

8 amount required to be apportioned to the 

9 State under section 104(b) of title 23, 

10 United States Code, from that State until 

11 the eligible project is in compliance with 

12 subparagraph (A). 

13 (h) DISTRIBUTION OF GRANTS.— 

14 (1) IN GENERAL.—For each fiscal year, in car15 rying out the program, the Secretary shall ensure 

16 that grants are provided— 

17 (A) on an equitable geographical basis; 

18 (B) in a manner that achieves an appro19 priate balance in addressing the needs of urban20 ized areas and rural areas; 

21 (C) in a manner that ensures investment 

22 in a variety of electric vehicles; and 

23 (D) in a manner that prioritizes eligible 

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


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1 the Public Works and Economic Development 

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

3 (2) STATE AMOUNTS.— 

4 (A) MINIMUM AMOUNT.—For each fiscal 

5 year, the total amount awarded to eligible 

6 projects in each State shall be not less than the 

7 lesser of— 

8 (i) 0.8 percent of the amounts made 

9 available to carry out the program for that 

10 fiscal year; and 

11 (ii) the total amount requested for eli12 gible projects in that State for that fiscal 

13 year for which the Secretary has deter14 mined meet the selection criteria under the 

15 program. 

16 (B) MAXIMUM AMOUNT.—For each fiscal 

17 year, the total amount provided under the pro18 gram for eligible projects in a single State shall 

19 not exceed an amount equal to 8 percent of the 

20 amounts made available to carry out the pro21 gram for that fiscal year. 

22 (3) RURAL AREAS, URBANIZED AREAS, AND

23 FRONTLINE, VULNERABLE, AND DISADVANTAGED

24 COMMUNITIES.— 

25 (A) RURAL AREAS.— 


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1 (i) IN GENERAL.—Of the amounts 

2 made available to carry out the program 

3 for each fiscal year, not less than 35 per4 cent and not more than 40 percent shall be 

5 used for eligible projects located in rural 

6 areas. 

7 (ii) GRANT AMOUNT.—The amount of 

8 a grant provided under the program for a 

9 project in a rural area shall be not less 

10 than $1,000,000. 

11 (iii) FEDERAL SHARE.—The Federal 

12 share of the cost of an eligible project in 

13 a rural area carried out with a grant under 

14 the program may exceed 85 percent, at the 

15 discretion of the Secretary. 

16 (B) URBANIZED AREAS.— 

17 (i) IN GENERAL.—Of the amounts 

18 made available to carry out the program 

19 for each fiscal year, not less than 60 per20 cent and not more than 65 percent shall be 

21 used for eligible projects located in urban22 ized areas. 

23 (ii) METROPOLITAN PLANNING

24 AREA.—Amounts made available under 

25 clause (i) may be used for eligible projects 


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1 in the metropolitan planning area estab2 lished under section 134 of title 23, United 

3 States Code, that encompasses the urban4 ized area. 

5 (C) FRONTLINE, VULNERABLE, AND DIS6 ADVANTAGED COMMUNITIES.— 

7 (i) IN GENERAL.—Of the total 

8 amounts made available to carry out the 

9 program for each fiscal year under sub10 paragraphs (A) and (B), not less than 40 

11 percent shall be used for eligible projects 

12 located in frontline, vulnerable, and dis13 advantaged communities. 

14 (ii) GRANT AMOUNT.—The amount of 

15 a grant provided under the program for a 

16 project in a frontline, vulnerable, and dis17 advantaged community shall be not less 

18 than $1,000,000. 

19 (iii) FEDERAL SHARE.—The Federal 

20 share of the cost of an eligible project in 

21 a frontline, vulnerable, and disadvantaged 

22 community carried out with a grant under 

23 the program may exceed 85 percent, at the 

24 discretion of the Secretary. 

25 (i) GRANT AMOUNT.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), a grant under the program shall be in an 

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

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

5 program for the planning, preparation, or design of 

6 an eligible project shall not be subject to a minimum 

7 grant amount. 

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

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

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

11 the discretion of the eligible entity— 

12 (1) not more than 85 percent, for the purpose 

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

14 and 

15 (2) not more than 50 percent of the operation 

16 and maintenance costs of the project for the first 10 

17 years of the project. 

18 (k) TIFIA; RRIF.—For each fiscal year, the Sec19 retary may use an amount equal to not more than 20 per20 cent of the amounts made available to carry out the pro21 gram for that fiscal year to pay the subsidy and adminis22 trative costs of projects eligible for Federal credit assist23 ance under chapter 6 of title 23, United States Code, or 

24 title V of the Railroad Revitalization and Regulatory Re25 form Act of 1976 (45 U.S.C. 821 et seq.) if the Secretary 


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1 finds that such use of those amounts would advance the 

2 purposes of the program. 

3 (l) BUY AMERICA.—No funds may be used for an eli4 gible project under the program unless— 

5 (1) in the case of an eligible project described 

6 in subsection (d)(1), the project complies with sec7 tion 313 of title 23, United States Code; 

8 (2) in the case of an eligible project described 

9 in subsection (d)(2), the project complies with sec10 tion 5323(j) of title 49, United States Code; 

11 (3) in the case of an eligible project described 

12 in subsection (d)(3), the project complies with sec13 tion 22905(a) of title 49, United States Code; 

14 (4) in the case of an eligible project described 

15 in subsection (d)(4), the project complies with sec16 tion 54101(d)(2) of title 46, United States Code; 

17 and 

18 (5) in the case of an eligible project described 

19 in subsection (d)(5), the project complies with ap20 propriate domestic content requirements as deter21 mined by the Secretary. 

22 (m) LABOR PROVISIONS.— 

23 (1) EMPLOYEE WAGES AND PROTECTIONS.— 

24 Each contractor and subcontractor for an eligible 


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1 project carried out under the program shall comply 

2 with the following: 

3 (A) MINIMUM WAGE.— 

4 (i) IN GENERAL.—All employees em5 ployed in the performance of the eligible 

6 project shall be paid at a rate of not less 

7 than— 

8 (I) $15.00 an hour, beginning on 

9 the date of enactment of this Act; and 

10 (II) beginning on the date that is 

11 1 year after such date of enactment, 

12 and annually thereafter, the amount 

13 in effect under this subparagraph for 

14 the preceding year, increased by the 

15 annual percentage increase, if any, in 

16 the median hourly wage of all employ17 ees as determined by the Bureau of 

18 Labor Statistics and rounded up to 

19 the nearest multiple of $0.05. 

20 (ii) CALCULATION.—In calculating the 

21 annual percentage increase in the median 

22 hourly wage of all employees for purposes 

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

24 through the Bureau of Labor Statistics, 

25 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) NEUTRALITY TOWARD ORGANIZED

14 LABOR.—The contractor or subcontractor shall 

15 have— 

16 (i) an explicit policy of neutrality with 

17 regard to— 

18 (I) labor organizing for the em19 ployees of the contractor or subcon20 tractor employed in the performance 

21 of the eligible project; and 

22 (II) such employees’ choice to 

23 form and join labor organizations; and 

24 (ii) policies that require— 


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1 (I) the posting and maintenance 

2 of notices in the workplace to such 

3 employees of their rights under the 

4 National Labor Relations Act (29 

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

6 (II) that such employees are, at 

7 the beginning of their employment in 

8 the performance of the eligible 

9 project, provided notice and informa10 tion regarding the employees’ rights 

11 under such Act. 

12 (C) PAID FAMILY AND MEDICAL LEAVE.— 

13 The contractor or subcontractor shall have an 

14 explicit policy providing all employees employed 

15 in the performance of the eligible project not 

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

17 month period for any purpose described in sec18 tion 102(a)(1) of the Family and Medical Leave 

19 Act of 1993 (29 U.S.C. 2612(a)(1)), in accord20 ance with regulations promulgated by the Sec21 retary of Labor. 

22 (D) FAIR SCHEDULING.— 

23 (i) IN GENERAL.—The contractor or 

24 subcontractor shall have an explicit policy 

25 for fair scheduling for employees employed 


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1 in the performance of the eligible project, 

2 which shall include— 

3 (I) an opportunity for the em4 ployee to request— 

5 (aa) an adjustment in the 

6 number of hours, work location, 

7 or times of the employee’s work 

8 schedule; 

9 (bb) a change in the amount 

10 of notification provided to the 

11 employee regarding the work 

12 schedule; or 

13 (cc) the minimizing of fluc14 tuations in the number of hours 

15 the employee is scheduled to 

16 work on a daily, weekly, or 

17 monthly basis; and 

18 (II) a timely, good faith inter19 active process through which the em20 ployer and employee discuss the em21 ployee’s request under subclause (I) 

22 and the employer grants the request 

23 or suggests any alternatives that 

24 might meet the employee’s needs. 


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

2 apply to any employee covered by a valid 

3 collective bargaining agreement if— 

4 (I) the terms of the collective 

5 bargaining agreement include terms 

6 that govern work scheduling practices; 

7 and 

8 (II) the provisions of this Act are 

9 expressly waived in such collective 

10 bargaining agreement. 

11 (E) PREFERENCE FOR LOCAL HIRING.— 

12 The contractor or subcontractor shall have ex13 plicit policies that provide a preference for local 

14 hiring, consistent with applicable Federal law 

15 and subject to rules issued by the Secretary of 

16 Labor. 

17 (F) CONTRACTOR REQUIREMENT REGARD18 ING SUBCONTRACTORS.—The contractor or sub19 contractor shall require that each subcontractor 

20 of the contractor for an eligible project carried 

21 out under the program comply with the require22 ments of this paragraph with respect to all em23 ployees of the subcontractor employed in the 

24 performance of the project. 


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•S 874 IS

1 (2) DISCLOSURE.—A contractor desiring a con2 tract under an eligible project carried out under the 

3 program shall disclose to the Secretary in the con4 tract application any administrative merits deter5 mination, arbitral award or decision, or civil judg6 ment against the contractor during the previous 5 

7 years for any violation of— 

8 (A) the Fair Labor Standards Act of 1938 

9 (29 U.S.C. 201 et seq.); 

10 (B) the Occupational Safety and Health 

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

12 (C) the Migrant and Seasonal Agricultural 

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

14 seq.); 

15 (D) the National Labor Relations Act (29 

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

17 (E) subchapter IV of chapter 31 of title 

18 40, United States Code (commonly known as 

19 the ‘‘Davis-Bacon Act’’); 

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

21 Code (commonly known as the ‘‘Service Con22 tract Act’’); 

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

24 2000e note; relating to equal employment op25 portunity); 


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•S 874 IS

1 (H) section 503 of the Rehabilitation Act 

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

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

4 States Code; 

5 (J) the Family and Medical Leave Act of 

6 1993 (29 U.S.C. 2601 et seq.); 

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

8 1964 (42 U.S.C. 2000e et seq.); 

9 (L) the Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.); 

11 (M) the Age Discrimination in Employ12 ment Act of 1967 (29 U.S.C. 621 et seq.); 

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

14 9851; relating to establishing a minimum wage 

15 for contractors); or 

16 (O) any State law equivalent of a law de17 scribed in subparagraphs (A) through (N), in 

18 accordance with guidance issued by the Sec19 retary of Labor. 

20 (3) LABOR AGREEMENTS FOR CONSTRUCTION

21 PROJECTS.— 

22 (A) IN GENERAL.—A contractor for an eli23 gible project carried out under the program 

24 that is a construction project shall be a party 

25 to a covered project labor agreement. 


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•S 874 IS

1 (B) DEFINITIONS.—In this paragraph: 

2 (i) COVERED PROJECT LABOR AGREE3 MENT.—The term ‘‘covered project labor 

4 agreement’’ means a project labor agree5 ment that— 

6 (I) binds all contractors and sub7 contractors on the construction 

8 project through the inclusion of ap9 propriate specifications in all relevant 

10 solicitation provisions and contract 

11 documents; 

12 (II) allows all contractors and 

13 subcontractors to compete for con14 tracts and subcontracts without re15 gard to whether they are otherwise a 

16 party to a collective bargaining agree17 ment; 

18 (III) contains guarantees against 

19 strikes, lockouts, and other similar job 

20 disruptions; 

21 (IV) sets forth effective, prompt, 

22 and mutually binding procedures for 

23 resolving labor disputes arising during 

24 the covered project labor agreement; 

25 and 


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•S 874 IS

1 (V) provides other mechanisms 

2 for labor-management cooperation on 

3 matters of mutual interest and con4 cern, including productivity, quality of 

5 work, safety, and health. 

6 (ii) PROJECT LABOR AGREEMENT.— 

7 The term ‘‘project labor agreement’’ means 

8 a pre-hire collective bargaining agreement 

9 with one or more labor organizations that 

10 establishes the terms and conditions of em11 ployment for a specific construction project 

12 and is described in section 8(f) of the Na13 tional Labor Relations Act (29 U.S.C. 

14 158(f)). 

15 (n) FUNDING.— 

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

17 appropriated to carry out the program 

18 $50,000,000,000 for each of fiscal years 2022 

19 through 2031, of which not less than 

20 $15,000,000,000 shall be for grants for the pur21 chase of electric vehicles and electric vehicle supply 

22 equipment. 

23 (2) AVAILABILITY.—Amounts made available 

24 under paragraph (1) shall remain available until 

25 January 1, 2042. 


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•S 874 IS

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.’’. 

Æ 


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