(C) NEUTRALITY
TOWARD
ORGANIZED 
LABOR.—The contractor or subcontractor shall 
have— 
(i) an explicit policy of neutrality with 
regard to— 
(I) labor organizing for the em-
ployees of the contractor or subcon-
tractor employed in the performance 
of the eligible project; and 
(II) such employees’ choice to 
form and join labor organizations; and 
(ii) policies that require— 
(I) the posting and maintenance 
of notices in the workplace to such 
employees of their rights under the 
National Labor Relations Act (29 
U.S.C. 151 et seq.); and 
(II) that such employees are, at 
the beginning of their employment in 
the 
performance 
of 
the 
eligible 
project, provided notice and informa-
tion regarding the employees’ rights 
under such Act. 
(D) PAID FAMILY AND MEDICAL LEAVE.— 
The contractor or subcontractor shall have an 
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explicit policy providing all employees employed 
in the performance of the eligible project not 
less than 12 workweeks of paid leave in a 12- 
month period for any purpose described in sec-
tion 102(a)(1) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612(a)(1)), in accord-
ance with regulations promulgated by the Sec-
retary of Labor. 
(E) FAIR SCHEDULING.— 
(i) IN GENERAL.—The contractor or 
subcontractor shall have an explicit policy 
for fair scheduling for employees employed 
in the performance of the eligible project, 
which shall include— 
(I) an opportunity for the em-
ployee to request— 
(aa) an adjustment in the 
number of hours, work location, 
or times of the employee’s work 
schedule; 
(bb) a change in the amount 
of notification provided to the 
employee regarding the work 
schedule; or 
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(cc) the minimizing of fluc-
tuations in the number of hours 
the employee is scheduled to 
work on a daily, weekly, or 
monthly basis; and 
(II) a timely, good faith inter-
active process through which the con-
tractor or subcontractor and employee 
discuss the employee’s request under 
subclause (I) and the contractor or 
subcontractor grants the request or 
suggests any alternatives that might 
meet the employee’s needs. 
(ii) EXCEPTION.—Clause (i) shall not 
apply to any employee covered by a valid 
collective bargaining agreement if— 
(I) the terms of the collective 
bargaining agreement include terms 
that govern work scheduling practices; 
and 
(II) the provisions of clause (i) 
are expressly waived in such collective 
bargaining agreement. 
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(F) PREFERENCES IN HIRING.—The con-
tractor or subcontractor shall have explicit poli-
cies that provide— 
(i) a preference for local hiring for all 
construction work conducted in the per-
formance of the eligible project, consistent 
with applicable Federal law and subject to 
rules issued by the Secretary of Labor; and 
(ii) a preference for the hiring of indi-
viduals from frontline, vulnerable, or dis-
advantaged communities for construction 
in the performance of an eligible contract. 
(G) CONTRACTOR REQUIREMENT REGARD-
ING SUBCONTRACTORS.—The contractor or sub-
contractor shall require that each subcontractor 
of the contractor for an eligible project carried 
out under the program comply with the require-
ments of this paragraph with respect to all em-
ployees of the subcontractor employed in the 
performance of the project. 
(2) DISCLOSURE.—A contractor desiring a con-
tract under an eligible project carried out under the 
program shall disclose to the Secretary in the con-
tract application any administrative merits deter-
mination, arbitral award or decision, or civil judg-
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ment against the contractor during the previous 5 
years for any violation of— 
(A) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(B) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(C) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.); 
(D) the National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(E) subchapter IV of chapter 31 of title 
40, United States Code (commonly known as 
the ‘‘Davis-Bacon Act’’); 
(F) chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Con-
tract Act’’); 
(G) Executive Order 11246 (42 U.S.C. 
2000e note; relating to equal employment op-
portunity); 
(H) section 503 of the Rehabilitation Act 
of 1973 (29 U.S.C. 793); 
(I) chapter 42 or 43 of title 38, United 
States Code; 
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(J) the Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.); 
(K) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(L) title I of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111 et seq.); 
(M) the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.); 
(N) Executive Order 13658 (79 Fed. Reg. 
9851; relating to establishing a minimum wage 
for contractors); 
(O) title II of the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff et seq.); 
(P) section 40002(b)(13)(A) of the Vio-
lence Against Women Act of 1994 (34 U.S.C. 
12291(b)(13)(A)); 
(Q) the Pregnant Workers Fairness Act 
(42 U.S.C. 2000gg et seq.); or 
(R) any State law equivalent of a law de-
scribed in any of subparagraphs (A) through 
(Q), in accordance with guidance issued by the 
Secretary of Labor. 
(3) LABOR AGREEMENTS FOR CONSTRUCTION 
PROJECTS.— 
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(A) IN GENERAL.—A contractor for an eli-
gible project carried out under the program 
that is a construction project shall be a party 
to a covered project labor agreement. 
(B) DEFINITIONS.—In this paragraph: 
(i) COVERED PROJECT LABOR AGREE-
MENT.—The term ‘‘covered project labor 
agreement’’ means a project labor agree-
ment that— 
(I) binds all contractors and sub-
contractors 
on 
the 
construction 
project through the inclusion of ap-
propriate specifications in all relevant 
solicitation provisions and contract 
documents; 
(II) allows all contractors and 
subcontractors to compete for con-
tracts and subcontracts without re-
gard to whether they are otherwise a 
party to a collective bargaining agree-
ment; 
(III) contains guarantees against 
strikes, lockouts, and other similar job 
disruptions; 
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(IV) sets forth effective, prompt, 
and mutually binding procedures for 
resolving labor disputes arising during 
the covered project labor agreement; 
and 
(V) provides other mechanisms 
for labor-management cooperation on 
matters of mutual interest and con-
cern, including productivity, quality of 
work, safety, and health. 
(ii) PROJECT
LABOR
AGREEMENT.— 
The term ‘‘project labor agreement’’ means 
a pre-hire collective bargaining agreement 
with one or more labor organizations that 
establishes the terms and conditions of em-
ployment for a specific construction project 
and is described in section 8(f) of the Na-
tional Labor Relations Act (29 U.S.C. 
158(f)). 
(4) DETERMINING
EMPLOYMENT
RELATION-
SHIP.—For purposes of this subsection, an indi-
vidual performing any service in the performance of 
an eligible project for a contractor or subcontractor 
shall be considered an employee, and not an inde-
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pendent contractor, of that contractor or subcon-
tractor, unless— 
(A) the individual is free from control and 
direction in connection with the performance of 
the service, both under the contract for the per-
formance of service and in fact; 
(B) the service is performed outside the 
usual course of the business of the contractor 
or subcontractor; and 
(C) the individual is customarily engaged 
in an independently established trade, occupa-
tion, profession, or business of the same nature 
as that involved in the service performed. 
(n) FUNDING.— 
(1) IN GENERAL.—There is authorized to be 
appropriated 
to 
carry 
out 
the 
program 
$50,000,000,000 for each of fiscal years 2025 
through 
2034, 
of 
which 
not 
less 
than 
$15,000,000,000 shall be for grants for fixed route 
public transportation projects eligible for assistance 
under chapter 53 of title 49, United States Code. 
(2) AVAILABILITY.—Amounts made available 
under paragraph (1) shall remain available until 
January 1, 2045. 
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SEC. 3. FEDERAL FUNDING EXCHANGE PROGRAMS. 
Section 106(g) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(6) FEDERAL
FUNDING
EXCHANGE
PRO-
GRAMS.—A State may implement a program under 
which a subrecipient has the option to exchange 
Federal funds allocated to the subrecipient in ac-
cordance with the requirements of this title for State 
or local funds if the State certifies to the Secretary 
that— 
‘‘(A) the State has prevailing wage and do-
mestic content requirements that are com-
parable to the requirements under sections 113 
and 313, respectively; and 
‘‘(B) the requirements described in sub-
paragraph (A) shall apply to projects carried 
out using the State or local funds if the 
projects would have been subject to the require-
ments of sections 113 and 313 if the projects 
were carried out using Federal funds.’’. 
SEC. 4. CLOSING THE LOW-NO LOOPHOLE. 
Section 5339(c)(5)(B) of title 49, United States 
Code, is amended by striking ‘‘no less than 25 percent’’ 
and inserting ‘‘not more than 5 percent’’. 
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SEC. 5. EXPANDING THE ELIGIBILITY OF FIXED GUIDEWAY 
GRANTS. 
Section 5309(b)(2) of title 49, United States Code, 
is amended by inserting ‘‘planning for a new fixed guide-
way capital project that would relieve crowding on an ex-
isting fixed guideway corridor, the installation of platform 
screen doors, the construction of new entrances to existing 
stations, the automation of operations that increase the 
frequency of service on the automated corridor,’’ after 
‘‘construction of infill stations,’’. 
SEC. 6. PROHIBITION ON DISCRIMINATION. 
No individual in the United States may, on the basis 
of actual or perceived race, color, religion, national origin, 
sex (including gender identity and sexual orientation), age, 
or disability, be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under, 
any program or activity that is funded in whole or in part 
with funds made available to carry out this Act. 
Æ 
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