,,ii #aahth ,,congress #b;d ,session ,s4 #dbgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbd,ms4 ,warren 7for herself1 ,mr4 ,markey1 ,mr4 ,blumenthal1 ,mr4 ,booker1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish a green transportation infrastructure grant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,better ,utilizing ,investments to ,leverage ,development and ,generating ,renewable ,energy to ,electrify the ,nation's ,infrastructure and ,jobs ,act or the ,,build ,,green ,infrastructure and ,jobs ,act4 #b4 ,green transportation infrastructure grant program 7a7 ,definitions ,in this section3 7#a7 ,electric vehicle ,the term electric vehicle has the meaning given the term in section #ebc4b of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,frontline1 vulnerable1 or disadvantaged community ,the term frontline1 vulnerable1 or disadvantaged community means a community-- 7,a7 in an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a772 7,b7 in which climate change1 pollution1 or environmental destruction has exacerbated systemic racial1 regional1 social1 environmental1 gender1 and economic injustices by disproportionately affecting ,black1 ,brown1 and ,indigenous peoples1 other communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 the unhoused1 people with disabilities1 or youth2 7,c7 eligible for assistance under the ,justice#dj ,initiative described in section #bbc of ,executive ,order #adjjh 7#db ,u4,s4,c4 #dcba note2 relating to tackling the climate crisis at home and abroad72 or 7,d7 located in a census tract that has a high energy burden4 7#c7 ,green project ,the term green project means a project that-- 7,a7 deeply reduces transportation greenhouse gas emissions and local air pollution2 and 7,b7 results in a reduction in overall energy use1 maximization of energy efficiency1 implementation and use of energy recovery1 and an offset of the remaining demand for energy with production of energy from renewable energy sources1 such that the project produces as much energy or energy savings as the project uses over the course of a year4 7#d7 ,green space 7,a7 ,in general ,the term green space means publicly accessible land or water that-- 7i7 is partly or completely covered with grass1 trees1 shrubs1 or other vegetation2 and 7ii7 provides floodwater alleviation1 storm water mitigation1 green travel routes1 water purification1 cooling temperatures1 pollution management1 public health benefits1 enhancements to biodiversity1 ecological resilience1 or greenhouse gas emissions sequestration4 7,b7 ,inclusions ,the term green space includes parks1 gardens1 playing fields1 children's play areas1 woods1 grassed areas1 bodies of water1 and trails4 7#e7 ,greenhouse gas ,the term greenhouse gas means-- 7,a7 carbon dioxide2 7,b7 hydrofluorocarbons2 7,c7 methane2 7,d7 nitrous oxide2 7,e7 perfluorocarbons2 7,f7 sulfur hexafluoride2 7,g7 nitrogen triflouride2 7,h7 chlorofluorocarbons2 7,i7 criteria pollutants for which there are national ambient air quality standards under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji72 and 7,j7 any other anthropogenically emitted gas or particulate that the ,administrator of the ,environmental ,protection ,agency determines1 after notice and comment-- 7i7 to contribute to climate change2 or 7ii7 to produce negative effects on human health1 biodiversity1 or ecological resilience4 7#f7 ,greenhouse gas emissions ,the term greenhouse gas emissions means emissions of greenhouse gas1 expressed in terms of metric tons of carbon dioxide equivalent4 7#g7 ,new renewable energy ,the term new renewable energy means renewable energy from a source that is not currently producing power4 7#h7 ,program ,the term program means the green transportation infrastructure grant program established under subsection 7b74 7#i7 ,publicly available ,,evse 7,a7 ,in general ,the term publicly available ,,evse means ,electric ,vehicle ,supply ,equipment and any associated parking spaces designated by the property owner or lessee to be available to1 and accessible by1 the public for any period of time1 including ,electric ,vehicle ,supply ,equipment and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee4 7,b7 ,exclusion ,the term publicly available ,,evse does not include ,electric ,vehicle ,supply ,equipment and any associated parking spaces in a workplace if the ,electric ,vehicle ,supply ,equipment and associated parking spaces are clearly marked and operated as available exclusively to employees or contracted drivers4 7#aj7 ,renewable energy source ,the term renewable energy source means energy generated from renewable sources1 including the following3 7,a7 ,solar1 including electricity4 7,b7 ,wind4 7,c7 ,ocean1 including tidal1 wave1 current1 and thermal4 7,d7 ,geothermal1 including electricity and heat pumps4 7,e7 ,hydroelectric generation capacity achieved from increased efficiency or additions of new capacity-- 7i7 at an existing hydroelectric project2 and 7ii7 that was placed in service on or after ,january #a1 #aiii4 7,f7 ,hydrogen used in fuel cells or other non-combustion technologies1 if the quantity of lifecycle greenhouse gas emissions per unit of fuel energy is zero4 7,g7 ,thermal energy generated by any of the sources described in subparagraphs 7,a7 through 7,f74 7#aa7 ,resilient ,the term resilient1 with respect to transportation infrastructure projects1 means an anticipation of1 preparation for1 and adaptation of the project to disruptions and changing environmental and security conditions1 and the achievement and maintenance by the project of the capability to withstand1 respond to1 and recover rapidly from disruptions while ensuring the sustainment of operations4 7#ab7 ,rural area ,the term rural area means an area with a population of #bjj1jjj or fewer4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#ad7 ,urbanized area ,the term urbanized area means an area with a population of more than #bjj1jjj4 7b7 ,establishment ,the ,secretary shall establish a green transportation infrastructure grant program to provide grants on a competitive basis to eligible entities for capital investments in electrified surface transportation infrastructure projects that-- 7#a7 will have a significant local or regional impact to improve transportation and reduce greenhouse gas emissions and toxic emissions2 and 7#b7 are-- 7,a7 sustainable and resilient2 and 7,b7 green projects4 7c7 ,eligible entities ,an entity eligible to receive a grant under the program is-- 7#a7 a ,state or territory2 7#b7 a unit of local government2 7#c7 a transit agency2 7#d7 a port authority2 7#e7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7#f7 a ,federal land management agency that jointly applies with a ,state or a group of ,states2 or 7#g7 a multi-,state or multijurisdictional group of entities described in paragraphs 7#a7 through 7#f74 7d7 ,eligible projects 7#a7 ,in general ,a project eligible to be carried out with funds from a grant provided under the program is-- 7,a7 a fixed route public transportation project eligible for assistance under chapter #ec of title #di1 ,united ,states ,code1 that improves public transportation service for transit-dependent populations1 supports increased transit ridership1 and is powered by electricity1 including-- 7i7 corridor-based bus rapid transit projects or new fixed guideway capital projects1 such as light rail transit1 heavy rail transit1 or commuter rail transit projects2 7ii7 the acquisition or lease of low-emission or zero-emission public transit vehicles1 with or without a leased power source1 that will be used to decrease headways or provide new or expanded service areas or times2 and 7iii7 the construction1 lease1 rehabilitation1 or improvement of new or existing facilities and related equipment for low-emission or zero-emission vehicles1 including overhead-wire in-motion charging technology2 7,b7 a passenger or freight rail project that is powered solely by an external source of electricity or solar power2 7,c7 a port infrastructure investment1 including inland port infrastructure and land ports of entry1 that-- 7i7 installs publicly available ,,evse2 7ii7 facilitates the movement of goods via zero-emission modes2 or 7iii7 supports the deployment of zero-emission port equipment or technology 7as defined in section #acc7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdcc7;d7772 7,d7 an electrified public micromobility project1 including an e-bike share and related projects2 and 7,e7 any other project that-- 7i7 the ,secretary determines to be appropriate2 and 7ii7 clearly demonstrates a contribution to the reduction of greenhouse gas emissions and toxic emissions4 7#b7 ,limitation ,funds from a grant provided under the program may not be used to purchase fully automated cargo-handling equipment that is remotely operated or remotely monitored1 with or without the exercise of human intervention or control4 7e7 ,application 7#a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a zero-emission transition plan that examines the impact of the proposed project on the workforce of the eligible entity1 including an identification of skill gaps1 training needs1 and retraining needs of that workforce-- 7,a7 to operate and maintain infrastructure that is part of the eligible project2 and 7,b7 to avoid displacement of that workforce4 7#b7 ,deadlines ,the ,secretary shall-- 7,a7 publish a notice of funding opportunity for the program by not later than #aj days after ,october #a of each fiscal year2 7,b7 require applications for grants under the program to be submitted to the ,secretary by not later than #ij days after the date on which the notice of funding opportunity is published2 and 7,c7 select eligible projects to receive grants under the program1 in accordance with subsection 7f71 by not later than #bgj days after ,october #a of each fiscal year4 7f7 ,selection 7#a7 ,in general ,the ,secretary shall select eligible projects to receive a grant under the program based on sustainability and workforce criteria1 including-- 7,a7 criteria that prioritize collective transportation over individual transportation2 7,b7 criteria developed by the ,secretary to reduce overall vehicle miles traveled in single occupancy1 internal combustion engine vehicles2 7,c7 the extent to which the project promotes the electrification of all public transportation1 intercity passenger and freight rail transportation1 intercity bus service1 and school bus service2 7,d7 the extent to which the eligible entity has-- 7i7 used funds apportioned under section #ajd7;b7 of title #bc1 ,united ,states ,code1 to carry out the project2 or 7ii7 demonstrated why the eligible entity was unable to use those funds to carry out the project2 7,e7 criteria developed by the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 that consider the extent to which the eligible project contributes to-- 7i7 climate resilience2 7ii7 climate mitigation2 7iii7 air pollution and emissions of hazardous air pollutants 7as defined in section #aab7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;a7772 and 7iv7 greenhouse gas emissions2 7,f7 criteria developed by the ,secretary1 in consultation with the ,secretary of ,energy1 that consider the extent to which the eligible project will achieve energy savings and reduced energy usage compared to other eligible projects2 7,g7 criteria developed by the ,secretary1 in consultation with the ,secretary of ,energy1 that consider the extent to which the eligible project will improve pedestrian and nonmotorized vehicle access and safety compared to other eligible projects2 7,h7 the extent to which the project will improve the frequency of existing fixed route public transportation service2 7,i7 criteria developed by the ,secretary1 in consultation with the ,secretary of ,housing and ,urban ,development1 that consider the extent to which a public transportation project serves areas of affordable housing or promotes transit-oriented development2 7,j7 the extent to which the eligible entity demonstrates methods to preserve or encourage affordable housing near the project1 as the ,secretary determines to be appropriate2 7,k7 criteria developed by the ,secretary1 in consultation with the ,secretary of ,labor1 that consider the information described in subsection 7m77#b72 and 7,l7 criteria developed by the ,secretary to identify projects underserved by existing ,federal funding opportunities4 7#b7 ,exclusion ,in selecting eligible projects to receive a grant under the program1 the ,secretary shall not use the ,federal share percentage or the ability of an applicant to generate non-,federal revenue as a selection criterion4 7#c7 ,priority ,in selecting eligible projects to receive a grant under the program1 the ,secretary shall give priority to an eligible project-- 7,a7 that is located in-- 7i7 a frontline1 vulnerable1 or disadvantaged community2 7ii7 an area identified as having disproportionately high adverse human health and environmental impacts on minority populations and low-income populations2 7iii7 a community of color2 7iv7 a low-income community2 7v7 a deindustrialized community2 or 7vi7 a community facing environmental injustice4 7,b7 that requires a contribution of ,federal funds in order to complete an overall financing package2 7,c7 that includes-- 7i7 the addition of-- 7,i7 a new green space2 or 7,,ii7 new ,state or local park system units and recreation areas administered for outdoor recreation purposes2 or 7ii7 an improvement to improve access to an existing green space1 ,state or local park system unit1 or recreation area administered for outdoor recreation purposes1 including pedestrian and bicycle access2 7,d7 for which the applicant commits to give preference to prime contractors1 and subcontractors performing more than #ej percent of the work1 that have a collective bargaining agreement in place with their employees that is not a covered project labor agreement 7as defined in subsection 7m77#c77;,b772 or 7,e7 that includes partnerships between ,federal1 ,state1 and local agencies to ensure that the project is well-coordinated and meets the needs of the communities served by the project4 7#d7 ,report ,not less frequently than once each year1 the ,secretary shall-- 7,a7 submit a report that contains the criteria for eligible projects developed under paragraph 7#a7 to-- 7i7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7ii7 the ,committee on ,environment and ,public ,works of the ,senate2 7iii7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7iv7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7v7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7vi7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 and 7,b7 make the report under subparagraph 7,a7 available to the public4 7g7 ,grant requirements 7#a7 ,environmental standard ,as a condition of receiving a grant under the program1 any building or structure that is part of an eligible project1 including existing buildings1 shall comply with1 or1 in the case of an existing building1 be renovated to comply with1 environmental standards determined by the ,secretary1 that are at least as stringent as the ,leadership in ,energy and ,environmental ,design 7,,leed7 standards of the ,united ,states ,green ,building ,council4 7#b7 ,workforce development 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible entity that receives a grant under the program shall use not less than #e percent of the funds from the grant to fund workforce development training1 including registered apprenticeships and other labor management training programs1 as part of the zero-emission transition plan of the eligible entity described in subsection 7e77#a74 7,b7 ,exception ,the ,secretary may reduce the amount set aside under subparagraph 7,a7 for workforce development training with respect to an eligible entity if the eligible entity certifies that a smaller percentage of grant funds is sufficient to fund the workforce development training described in that subparagraph4 7#c7 ,railway labor 7,a7 ,in general ,in the case of a rail project that receives a grant under the program1 the eligible entity shall-- 7i7 comply with subsections 7b71 7c71 and 7d7 of section #bbije of title #di1 ,united ,states ,code2 and 7ii7 ensure that work on the project is carried out by workers who are part of the existing workforce of the eligible entity1 to the maximum extent possible4 7,b7 ,employee protections ,in the case of a rail project that receives a grant under the program1 the eligible entity shall comply with section #bbdjd of title #di1 ,united ,states ,code4 7#d7 ,use of renewable energy 7,a7 ,in general ,as a condition of receiving a grant under the program1 any eligible project that1 after completion of the project1 uses electrical energy shall use electrical energy in a manner that does not increase usage of nonrenewable energy sources1 in accordance with subparagraph 7,b74 7,b7 ,methods ,an eligible entity may comply with subparagraph 7,a7 by-- 7i7 purchasing new renewable energy or renewable energy credits for the eligible project2 7ii7 generating new renewable energy for the eligible project2 7iii7 converting to use of renewable energy for another project of the eligible entity in an equivalent quantity of nonrenewable energy used for the eligible project2 or 7iv7 any combination of the methods described in clauses 7i7 through 7iii74 7,c7 ,report ,an eligible entity that receives a grant under the program shall report to the ,secretary annually on the percentage of renewable energy used and steps taken for energy conservation in the eligible project4 7#e7 ,labor requirements ,as a condition of receiving a grant under the program1 the eligible entity shall submit to the ,secretary a certification that the eligible entity is in compliance with subsection 7m74 7#f7 ,compliance 7,a7 ,in general ,if the ,secretary determines that an eligible project is not in compliance with any provision of this subsection1 the ,secretary shall promptly notify the eligible entity of the noncompliance4 7,b7 ,withholding of funds for noncompliance ,if an eligible entity that receives a notification of noncompliance under subparagraph 7,a7 is not in compliance with this subsection beginning on the date that is #ahj days after the date of the notification under subparagraph 7,a71 the ,secretary shall withhold from the ,state in which the eligible project is located #aj percent of the amount required to be apportioned to the ,state under section #ajd7;b7 of title #bc1 ,united ,states ,code1 from that ,state until the eligible project is in compliance with this subsection4 7h7 ,distribution of grants 7#a7 ,in general ,for each fiscal year1 in carrying out the program1 the ,secretary shall ensure that grants are provided-- 7,a7 on an equitable geographical basis1 including with respect to ,tribal communities2 7,b7 in a manner that achieves an appropriate balance in addressing the needs of urbanized areas and rural areas2 and 7,c7 in a manner that prioritizes eligible projects in areas described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#b7 ,state amounts 7,a7 ,minimum amount ,for each fiscal year1 the total amount awarded to eligible projects in each ,state shall be not less than the lesser of-- 7i7 #j4h percent of the amounts made available to carry out the program for that fiscal year2 and 7ii7 the total amount requested for eligible projects in that ,state for that fiscal year for which the ,secretary has determined meet the selection criteria under the program4 7,b7 ,maximum amount ,for each fiscal year1 the total amount provided under the program for eligible projects in a single ,state shall not exceed an amount equal to #h percent of the amounts made available to carry out the program for that fiscal year4 7#c7 ,rural areas1 urbanized areas1 and frontline1 vulnerable1 or disadvantaged communities 7,a7 ,rural areas 7i7 ,in general ,of the amounts made available to carry out the program for each fiscal year1 not less than #cj percent and not more than #dj percent shall be used for eligible projects located in rural areas4 7ii7 ,grant amount ,the amount of a grant provided under the program for a project in a rural area shall be not less than #a1jjj1jjj4 7iii7 ,federal share ,the ,federal share of the cost of an eligible project in a rural area carried out with a grant under the program may exceed #ij percent1 at the discretion of the ,secretary4 7,b7 ,urbanized areas 7i7 ,in general ,of the amounts made available to carry out the program for each fiscal year1 not less than #fj percent and not more than #gj percent shall be used for eligible projects located in urbanized areas4 7ii7 ,metropolitan planning area ,amounts made available under clause 7i7 may be used for eligible projects in the metropolitan planning area established under section #acd of title #bc1 ,united ,states ,code1 that encompasses the urbanized area4 7,c7 ,frontline1 vulnerable1 or disadvantaged communities 7i7 ,in general ,of the total amounts made available to carry out the program for each fiscal year under subparagraphs 7,a7 and 7,b71 not less than #dj percent shall be used for eligible projects located in frontline1 vulnerable1 or disadvantaged communities4 7ii7 ,grant amount ,the amount of a grant provided under the program for a project in a frontline1 vulnerable1 or disadvantaged community shall be not less than #a1jjj1jjj4 7iii7 ,federal share ,the ,federal share of the cost of an eligible project in a frontline1 vulnerable1 or disadvantaged community carried out with a grant under the program may exceed #ij percent1 at the discretion of the ,secretary4 7i7 ,grant amount 7#a7 ,in general ,except as provided in paragraph 7#b71 a grant under the program shall be in an amount that is not less than #b1jjj1jjj4 7#b7 ,planning grants ,a grant under the program for the planning1 preparation1 or design of an eligible project shall not be subject to a minimum grant amount4 7j7 ,federal share ,except as otherwise provided in this section1 the ,federal share of the cost of a project carried out with a grant under the program shall be1 at the discretion of the eligible entity-- 7#a7 not more than #ij percent1 for the purpose of planning1 design1 and construction of the project2 and 7#b7 up to #ajj percent of the operation and maintenance costs of the project for the first #aj years of the project4 7k7 ,,tifia2 ,,rrif ,for each fiscal year1 the ,secretary may use an amount equal to not more than #bj percent of the amounts made available to carry out the program for that fiscal year to pay the subsidy and administrative costs of projects eligible for ,federal credit assistance under chapter #f of title #bc1 ,united ,states ,code1 or chapter #bbd of title #di1 ,united ,states ,code1 if the ,secretary finds that such use of those amounts would advance the purposes of the program4 7l7 ,buy ,america ,section #gjiad of the ,infrastructure ,investment and ,jobs ,act 7#da ,u4,s4,c4 #hcja note2 ,public ,law #aag-eh7 shall apply to an eligible project that receives a grant under the program4 7m7 ,labor provisions 7#a7 ,employee wages and protections ,each contractor and subcontractor for an eligible project carried out under the program shall comply with the following3 7,a7 ,minimum wage 7i7 ,in general ,all employees employed in the performance of the eligible project shall be paid at a rate of not less than-- 7,i7 #ag4jj an hour1 beginning on the date of enactment of this ,act2 and 7,,ii7 beginning on the date that is #a year after such date of enactment1 and annually thereafter1 the amount in effect under this clause for the preceding year1 increased by the annual percentage increase1 if any1 in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics and rounded up to the nearest multiple of #j4je 7if not otherwise a multiple of #j4je74 7ii7 ,calculation ,in calculating the annual percentage increase in the median hourly wage of all employees for purposes of clause 7i77,,ii71 the ,secretary of ,labor1 through the ,bureau of ,labor ,statistics1 shall-- 7,i7 compile data on the hourly wages of all employees to determine such a median hourly wage2 and 7,,ii7 compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year4 7iii7 ,prevailing wages for laborers and mechanics 7,i7 ,in general ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available under the program shall be paid wages at rates not less than the greater of-- 7aa7 the rates prevailing on similar construction in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code2 or 7bb7 the rate required under clause 7i74 7,,ii7 ,authorities ,with respect to the labor standards specified in subclause 7,i77aa71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7,b7 ,employee protective arrangements ,the contractor or subcontractor shall ensure the interests of employees employed in the performance of the eligible project shall be protected under arrangements the ,secretary of ,labor concludes are fair and equitable in accordance with section #eccc7;b7 of title #di1 ,united ,states ,code1 and meet the requirements of such section4 ,the solicitation for the grant under this section shall specify the arrangements4 7,c7 ,neutrality toward organized labor ,the contractor or subcontractor shall have-- 7i7 an explicit policy of neutrality with regard to-- 7,i7 labor organizing for the employees of the contractor or subcontractor employed in the performance of the eligible project2 and 7,,ii7 such employees' choice to form and join labor organizations2 and 7ii7 policies that require-- 7,i7 the posting and maintenance of notices in the workplace to such employees of their rights under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 and 7,,ii7 that such employees are1 at the beginning of their employment in the performance of the eligible project1 provided notice and information regarding the employees' rights under such ,act4 7,d7 ,paid family and medical leave ,the contractor or subcontractor shall have an explicit policy providing all employees employed in the performance of the eligible project not less than #ab workweeks of paid leave in a #ab-month period for any purpose described in section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a771 in accordance with regulations promulgated by the ,secretary of ,labor4 7,e7 ,fair scheduling 7i7 ,in general ,the contractor or subcontractor shall have an explicit policy for fair scheduling for employees employed in the performance of the eligible project1 which shall include-- 7,i7 an opportunity for the employee to request-- 7aa7 an adjustment in the number of hours1 work location1 or times of the employee's work schedule2 7bb7 a change in the amount of notification provided to the employee regarding the work schedule2 or 7cc7 the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily1 weekly1 or monthly basis2 and 7,,ii7 a timely1 good faith interactive process through which the contractor or subcontractor and employee discuss the employee's request under subclause 7,i7 and the contractor or subcontractor grants the request or suggests any alternatives that might meet the employee's needs4 7ii7 ,exception ,clause 7i7 shall not apply to any employee covered by a valid collective bargaining agreement if-- 7,i7 the terms of the collective bargaining agreement include terms that govern work scheduling practices2 and 7,,ii7 the provisions of clause 7i7 are expressly waived in such collective bargaining agreement4 7,f7 ,preferences in hiring ,the contractor or subcontractor shall have explicit policies that provide-- 7i7 a preference for local hiring for all construction work conducted in the performance of the eligible project1 consistent with applicable ,federal law and subject to rules issued by the ,secretary of ,labor2 and 7ii7 a preference for the hiring of individuals from frontline1 vulnerable1 or disadvantaged communities for construction in the performance of an eligible contract4 7,g7 ,contractor requirement regarding subcontractors ,the contractor or subcontractor shall require that each subcontractor of the contractor for an eligible project carried out under the program comply with the requirements of this paragraph with respect to all employees of the subcontractor employed in the performance of the project4 7#b7 ,disclosure ,a contractor desiring a contract under an eligible project carried out under the program shall disclose to the ,secretary in the contract application any administrative merits determination1 arbitral award or decision1 or civil judgment against the contractor during the previous #e years for any violation of-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,c7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,d7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,e7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7,f7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7,g7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7,h7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7,i7 chapter #db or #dc of title #ch1 ,united ,states ,code2 7,j7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7,k7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,l7 title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq472 7,m7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,n7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 7,o7 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 7,p7 section #djjjb7;b77#ac77;,a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b77#ac77;,a772 7,q7 the ,pregnant ,workers ,fairness ,act 7#db ,u4,s4,c4 #bjjj;gg et seq472 or 7,r7 any ,state law equivalent of a law described in any of subparagraphs 7,a7 through 7,q71 in accordance with guidance issued by the ,secretary of ,labor4 7#c7 ,labor agreements for construction projects 7,a7 ,in general ,a contractor for an eligible project carried out under the program that is a construction project shall be a party to a covered project labor agreement4 7,b7 ,definitions ,in this paragraph3 7i7 ,covered project labor agreement ,the term covered project labor agreement means a project labor agreement that-- 7,i7 binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents2 7,,ii7 allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement2 7,,iii7 contains guarantees against strikes1 lockouts1 and other similar job disruptions2 7,,iv7 sets forth effective1 prompt1 and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement2 and 7,v7 provides other mechanisms for labor-management cooperation on matters of mutual interest and concern1 including productivity1 quality of work1 safety1 and health4 7ii7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#d7 ,determining employment relationship ,for purposes of this subsection1 an individual performing any service in the performance of an eligible project for a contractor or subcontractor shall be considered an employee1 and not an independent contractor1 of that contractor or subcontractor1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7,b7 the service is performed outside the usual course of the business of the contractor or subcontractor2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed4 7n7 ,funding 7#a7 ,in general ,there is authorized to be appropriated to carry out the program #ej1jjj1jjj1jjj for each of fiscal years #bjbe through #bjcd1 of which not less than #ae1jjj1jjj1jjj shall be for grants for fixed route public transportation projects eligible for assistance under chapter #ec of title #di1 ,united ,states ,code4 7#b7 ,availability ,amounts made available under paragraph 7#a7 shall remain available until ,january #a1 #bjde4 #c4 ,federal funding exchange programs ,section #ajf7;g7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 ,federal funding exchange programs ,a ,state may implement a program under which a subrecipient has the option to exchange ,federal funds allocated to the subrecipient in accordance with the requirements of this title for ,state or local funds if the ,state certifies to the ,secretary that-- 7,a7 the ,state has prevailing wage and domestic content requirements that are comparable to the requirements under sections #aac and #cac1 respectively2 and 7,b7 the requirements described in subparagraph 7,a7 shall apply to projects carried out using the ,state or local funds if the projects would have been subject to the requirements of sections #aac and #cac if the projects were carried out using ,federal funds4 4 #d4 ,closing the low-no loophole ,section #ecci7;c77#e77;,b7 of title #di1 ,united ,states ,code1 is amended by striking no less than #be percent and inserting not more than #e percent4 #e4 ,expanding the eligibility of fixed guideway grants ,section #ecji7;b77#b7 of title #di1 ,united ,states ,code1 is amended by inserting planning for a new fixed guideway capital project that would relieve crowding on an existing fixed guideway corridor1 the installation of platform screen doors1 the construction of new entrances to existing stations1 the automation of operations that increase the frequency of service on the automated corridor1 after construction of infill stations14 #f4 ,prohibition on discrimination ,no individual in the ,united ,states may1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex 7including gender identity and sexual orientation71 age1 or disability1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under1 any program or activity that is funded in whole or in part with funds made available to carry out this ,act4