I 

111TH CONGRESS 

2D SESSION H. R. 5935 

Making supplemental appropriations for investments in transportation 

infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Mr. MICHAUD introduced the following bill; which was referred to the 

Committee on Appropriations 

A BILL 

Making supplemental appropriations for investments in 

transportation infrastructure, 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 ‘‘Building and Upgrad5 ing Infrastructure for Long-term Development Act of 

6 2010’’ or the ‘‘BUILD Act of 2010’’. 

7 SEC. 2. SUPPLEMENTAL APPROPRIATIONS. 

8 The following sums are appropriated, out of any 

9 money in the Treasury not otherwise appropriated, for the 


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1 fiscal year ending September 30, 2010, and for other pur2 poses, namely: 

3 ENVIRONMENTAL PROTECTION AGENCY 

4 STATE AND TRIBAL ASSISTANCE GRANTS

5 (INCLUDING TRANSFERS OF FUNDS)

6 For an additional amount for ‘‘State and Tribal As7 sistance Grants’’, $2,000,000,000, of which 

8 $1,000,000,000 shall be for capitalization grants for the 

9 Clean Water State Revolving Funds under title VI of the 

10 Federal Water Pollution Control Act and $1,000,000,000 

11 shall be for capitalization grants under section 1452 of 

12 the Safe Drinking Water Act: Provided, That the Adminis13 trator may retain up to 1 percent of the funds appro14 priated herein for management and oversight purposes: 

15 Provided further, That funds appropriated herein shall not 

16 be subject to the matching or cost share requirements of 

17 sections 602(b)(2), 602(b)(3) or 202 of the Federal Water 

18 Pollution Control Act nor the matching requirements of 

19 section 1452(e) of the Safe Drinking Water Act: Provided 

20 further, That the Administrator shall reallocate funds ap21 propriated herein for the Clean and Drinking Water State 

22 Revolving Funds (Revolving Funds) where projects are 

23 not under contract or construction within 8 months of the 

24 date of enactment of this Act: Provided further, That not25 withstanding the priority rankings they would otherwise 


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1 receive under each program, priority for funds appro2 priated herein shall be given to projects on a State priority 

3 list that are ready to proceed to construction within 12 

4 months of the date of enactment of this Act: Provided fur5 ther, That notwithstanding the requirements of section 

6 603(d) of the Federal Water Pollution Control Act or sec7 tion 1452(f) of the Safe Drinking Water Act, for the funds 

8 appropriated herein, each State shall use not less than 50 

9 percent of the amount of its capitalization grants to pro10 vide additional subsidization to eligible recipients in the 

11 form of forgiveness of principal, negative interest loans or 

12 grants or any combination of these: Provided further, 

13 That, to the extent there are sufficient eligible project ap14 plications, not less than 20 percent of the funds appro15 priated herein for the Revolving Funds shall be for 

16 projects to address green infrastructure, water or energy 

17 efficiency improvements or other environmentally innova18 tive activities: Provided further, That notwithstanding the 

19 limitation on amounts specified in section 518(c) of the 

20 Federal Water Pollution Control Act, up to 2.0 percent 

21 of the funds appropriated herein for the Clean Water 

22 State Revolving Funds may be reserved by the Adminis23 trator for tribal grants under section 518(c) of such Act: 

24 Provided further, That up to 4 percent of the funds appro25 priated herein for tribal set-asides under the Revolving 


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1 Funds may be transferred to the Indian Health Service 

2 to support management and oversight of tribal projects: 

3 Provided further, That none of the funds appropriated 

4 herein shall be available for the purchase of land or ease5 ments as authorized by section 603(c) of the Federal 

6 Water Pollution Control Act or for activities authorized 

7 by section 1452(k) of the Safe Drinking Water Act: Pro8 vided further, That notwithstanding section 603(d)(2) of 

9 the Federal Water Pollution Control Act and section 

10 1452(f)(2) of the Safe Drinking Water Act, funds may 

11 be used to buy, refinance, or restructure the debt obliga12 tions of eligible recipients only where such debt was in13 curred on or after October 1, 2009: Provided further, That 

14 section 1606 of title XVI of Public Law 111–5 shall apply 

15 to the use of the funds provided under this heading. 

16 DEPARTMENT OF TRANSPORTATION 

17 FEDERAL HIGHWAY ADMINISTRATION

18 HIGHWAY INFRASTRUCTURE INVESTMENT

19 For an additional amount for ‘‘Highway Infrastruc20 ture Investment’’ for restoration, repair, construction and 

21 other activities eligible under paragraph (b) of section 133 

22 of title 23, United States Code, and for passenger and 

23 freight rail transportation and port infrastructure projects 

24 eligible for assistance under subsection 601(a)(8) of such 

25 title, $47,300,000,000, to remain available for the 21- 


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1 month period beginning on the date of enactment of this 

2 Act: Provided, That, after making the set-asides required 

3 under this heading, 50 percent of the funds made available 

4 under this heading shall be apportioned to States using 

5 the formula set forth in section 104(b)(3) of title 23, 

6 United States Code, and the remaining funds shall be ap7 portioned to States in the same ratio as the obligation lim8 itation for fiscal year 2010 was distributed among the 

9 States in accordance with the formula specified in section 

10 120(a)(6) of title I of division A of Public Law 111–117: 

11 Provided further, That funds made available under this 

12 heading shall be apportioned not later than 21 days after 

13 the date of enactment of this Act: Provided further, That 

14 in selecting projects to be carried out with funds appor15 tioned under this heading, priority shall be given to 

16 projects that are projected for completion within a 3-year 

17 time frame, and are located in economically distressed 

18 areas as defined by section 301 of the Public Works and 

19 Economic Development Act of 1965, as amended (42 

20 U.S.C. 3161): Provided further, That in selecting projects 

21 to be carried out with funds apportioned under this head22 ing, States shall ensure an equitable geographic distribu23 tion of funds and an appropriate balance in addressing 

24 the needs of urban and rural communities in the State: 

25 Provided further, That 120 days following the date of such 


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1 apportionment, the Secretary of Transportation shall 

2 withdraw from each State an amount equal to 50 percent 

3 of the funds awarded to that State less the amount of 

4 funding obligated, as determined by the Secretary, and the 

5 Secretary shall redistribute such amounts to other States 

6 that have had no funds withdrawn under this proviso in 

7 the manner described in section 120(c) of division K of 

8 Public Law 110–161: Provided further, That 1 year fol9 lowing the date of such apportionment, the Secretary shall 

10 withdraw from each recipient of funds apportioned under 

11 this heading any funds that are not under contract, as 

12 determined by the Secretary, and the Secretary shall re13 distribute such amounts to States that have had no funds 

14 withdrawn under this proviso in the manner described in 

15 section 120(c) of title I of division A of Public Law 111– 

16 117: Provided further, That at the request of a State, the 

17 Secretary of Transportation may provide an extension of 

18 such 1-year period only to the extent that he feels satisfied 

19 that the State has encountered extreme conditions that 

20 create an unworkable bidding environment or other ex21 tenuating circumstances: Provided further, That before 

22 granting such an extension, the Secretary shall send a let23 ter to the House and Senate Committees on Appropria24 tions that provides a thorough justification for the exten25 sion: Provided further, That 3 percent of the funds apporVerDate Mar 15 2010 21:00 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5935.IH H5935

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1 tioned to a State under this heading shall be set aside 

2 for the purposes described in subsection 133(d)(2) of title 

3 23, United States Code (without regard to the comparison 

4 to fiscal year 2005): Provided further, That 30 percent of 

5 the funds apportioned to a State under this heading shall 

6 be suballocated within the State in the manner and for 

7 the purposes described in the first sentence of subsection 

8 133(d)(3)(A), in subsection 133(d)(3)(B), and in sub9 section 133(d)(3)(D): Provided further, That such sub10 allocation shall be conducted in every State: Provided fur11 ther, That of the funds provided under this heading, 

12 $105,000,000 shall be for the Puerto Rico highway pro13 gram authorized under section 165 of title 23, United 

14 States Code, and $45,000,000 shall be for the territorial 

15 highway program authorized under section 215 of title 23, 

16 United States Code: Provided further, That of the funds 

17 provided under this heading, $60,000,000 shall be for cap18 ital expenditures eligible under section 147 of title 23, 

19 United States Code (without regard to subsection (d)): 

20 Provided further, That of the funds provided under this 

21 heading, $550,000,000 shall be for investments in trans22 portation at Indian reservations and Federal lands: Pro23 vided further, That of the funds identified in the preceding 

24 proviso, $310,000,000 shall be for the Indian Reservation 

25 Roads program, $170,000,000 shall be for the Park Roads 


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1 and Parkways program, $60,000,000 shall be for the For2 est Highway Program, and $10,000,000 shall be for the 

3 Refuge Roads program: Provided further, That for invest4 ments at Indian reservations and Federal lands, priority 

5 shall be given to capital investments, and to projects and 

6 activities that can be completed within 2 years of enact7 ment of this Act: Provided further, That 1 year following 

8 the enactment of this Act, to ensure the prompt use of 

9 the $550,000,000 provided for investments at Indian res10 ervations and Federal lands, the Secretary shall have the 

11 authority to redistribute unobligated funds within the re12 spective program for which the funds were appropriated: 

13 Provided further, That up to 4 percent of the funding pro14 vided for Indian Reservation Roads may be used by the 

15 Secretary of the Interior for program management and 

16 oversight and project-related administrative expenses: Pro17 vided further, That section 134(f)(3)(C)(ii)(II) of title 23, 

18 United States Code, shall not apply to funds provided 

19 under this heading: Provided further, That of the funds 

20 made available under this heading, $20,000,000 shall be 

21 for highway surface transportation and technology train22 ing under section 140(b) of title 23, United States Code, 

23 and $20,000,000, to remain available until expended, shall 

24 be for disadvantaged business enterprises bonding assist25 ance under section 332(e) of title 49, United States Code: 


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1 Provided further, That funds made available under this 

2 heading shall be administered as if apportioned under 

3 chapter 1 of title 23, United States Code, except for funds 

4 made available for investments in transportation at Indian 

5 reservations and Federal lands, and for the territorial 

6 highway program, which shall be administered in accord7 ance with chapter 2 of title 23, United States Code, and 

8 except for funds made available for disadvantaged busi9 ness enterprises bonding assistance, which shall be admin10 istered in accordance with chapter 3 of title 49, United 

11 States Code: Provided further, That the Federal share 

12 payable on account of any project or activity carried out 

13 with funds made available under this heading shall be, at 

14 the option of the recipient, up to 100 percent of the total 

15 cost thereof: Provided further, That funds made available 

16 by this paragraph shall not be obligated for the purposes 

17 authorized under section 115(b) of title 23, United States 

18 Code: Provided further, That funding provided under this 

19 heading shall be in addition to any and all funds provided 

20 for fiscal years 2010, 2011, and 2012 in any other Act 

21 for ‘‘Federal-aid Highways’’ and shall not affect the dis22 tribution of funds provided for ‘‘Federal-aid Highways’’ 

23 in any other Act: Provided further, That the amount made 

24 available under this heading shall not be subject to any 

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1 way safety construction programs set forth in any Act: 

2 Provided further, That section 1101(b) of Public Law 

3 109–59 shall apply to funds apportioned under this head4 ing: Provided further, That the Administrator of the Fed5 eral Highway Administration may retain up to 

6 $45,000,000 of the funds provided under this heading to 

7 fund the oversight by the Administrator of projects and 

8 activities carried out with funds made available to the 

9 Federal Highway Administration in this Act, of which 

10 $5,000,000 shall be for the Office of Expedited Project 

11 Delivery in the Office of the Administrator of the Federal 

12 Highway Administration, and such funds shall be available 

13 for the 45-month period beginning on the date of enact14 ment of this Act. 

15 FEDERAL TRANSIT ADMINISTRATION

16 TRANSIT CAPITAL ASSISTANCE

17 For an additional amount for ‘‘Transit Capital As18 sistance’’ for transit capital assistance grants authorized 

19 under section 5302(a)(1) of title 49, United States Code, 

20 $12,000,000,000: Provided, That the Secretary of Trans21 portation shall provide 80 percent of the funds appro22 priated under this heading for grants under section 5307 

23 of title 49, United States Code, and apportion such funds 

24 in accordance with section 5336 of such title: Provided fur25 ther, That the Secretary shall apportion 10 percent of the 


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1 funds appropriated under this heading in accordance with 

2 section 5340 of such title: Provided further, That the Sec3 retary shall provide 10 percent of the funds appropriated 

4 under this heading for grants under section 5311 of title 

5 49, United States Code, and apportion such funds in ac6 cordance with such section: Provided further, That funds 

7 apportioned under this heading shall be apportioned not 

8 later than 21 days after the date of enactment of this Act: 

9 Provided further, That 120 days following the date of such 

10 apportionment, the Secretary shall withdraw from each 

11 urbanized area or State an amount equal to 50 percent 

12 of the funds apportioned to such urbanized areas or States 

13 less the amount of funding obligated, as determined by 

14 the Secretary, and the Secretary shall redistribute such 

15 amounts to other urbanized areas or States that have had 

16 no funds withdrawn under this proviso utilizing whatever 

17 method he deems appropriate to ensure that all funds re18 distributed under this proviso shall be utilized promptly: 

19 Provided further, That 1 year following the date of such 

20 apportionment, the Secretary shall withdraw from each 

21 urbanized area or State any funds that are not under con22 tract, as determined by the Secretary, and the Secretary 

23 shall redistribute such amounts to other urbanized areas 

24 or States that have had no funds withdrawn under this 

25 proviso utilizing whatever method he deems appropriate 


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1 to ensure that all funds redistributed under this proviso 

2 shall be utilized promptly: Provided further, That at the 

3 request of an urbanized area or State, the Secretary of 

4 Transportation may provide an extension of such 1-year 

5 period if he feels satisfied that the urbanized area or State 

6 has encountered an unworkable bidding environment or 

7 other extenuating circumstances: Provided further, That 

8 before granting such an extension, the Secretary shall 

9 send a letter to the House and Senate Committees on Ap10 propriations that provides a thorough justification for the 

11 extension: Provided further, That of the funds provided for 

12 section 5311 of title 49, United States Code, 2.5 percent 

13 shall be made available for section 5311(c)(1): Provided 

14 further, That of the funding provided under this heading, 

15 $100,000,000 shall be distributed as discretionary grants 

16 to public transit agencies for capital investments that will 

17 assist in reducing the energy consumption or greenhouse 

18 gas emissions of their public transportation systems: Pro19 vided further, That for such grants on energy-related in20 vestments, priority shall be given to projects based on the 

21 total energy savings that are projected to result from the 

22 investment, and projected energy savings as a percentage 

23 of the total energy usage of the public transit agency: Pro24 vided further, That applicable chapter 53 requirements 

25 shall apply to funding provided under this heading, except 


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1 that the Federal share of the costs for which any grant 

2 is made under this heading shall be, at the option of the 

3 recipient, up to 100 percent: Provided further, That the 

4 amount made available under this heading shall not be 

5 subject to any limitation on obligations for transit pro6 grams set forth in any Act: Provided further, That section 

7 1101(b) of Public Law 109–59 shall apply to funds appro8 priated under this heading: Provided further, That the 

9 funds appropriated under this heading shall not be com10 mingled with any prior year funds: Provided further, That 

11 a recipient and subrecipient of funds made available under 

12 this heading may use up to 10 percent of the amount ap13 portioned to a State or urbanized area for the operating 

14 costs of equipment and facilities for use in public transpor15 tation or for eligible activities under section 5311(f): Pro16 vided further, That in selecting projects to be carried out 

17 with funds apportioned under this heading, priority shall 

18 be given to projects that are located in economically dis19 tressed areas as defined by section 301 of the Public 

20 Works and Economic Development Act of 1965, as 

21 amended (42 U.S.C. 3161): Provided further, That in se22 lecting projects to be carried out with funds apportioned 

23 under this heading, States shall ensure an equitable geo24 graphic distribution of funds and an appropriate balance 

25 in addressing the needs of urban and rural communities 


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1 in the State: Provided further, That notwithstanding any 

2 other provision of law, three-quarters of 1 percent of the 

3 funds provided for grants under section 5307 and section 

4 5340, and one-half of 1 percent of the funds provided for 

5 grants under section 5311, shall be available for adminis6 trative expenses and program management oversight, and 

7 such funds shall be available for the 45-month period be8 ginning on the date of enactment of this Act. 

9 OFFICE OF THE SECRETARY

10 SUPPLEMENTAL DISCRETIONARY GRANTS FOR A

11 NATIONAL SURFACE TRANSPORTATION SYSTEM

12 For an additional amount for capital investments in 

13 surface transportation infrastructure, $3,500,000,000, to 

14 remain available for the 1-year period beginning on the 

15 date of enactment of this Act: Provided, That the Sec16 retary of Transportation shall distribute funds provided 

17 under this heading as discretionary grants to be awarded 

18 to State and local governments or transit agencies on a 

19 competitive basis for projects that will have a significant 

20 impact on the Nation, a metropolitan area, or a region: 

21 Provided further, That projects eligible for funding pro22 vided under this heading shall include, but not be limited 

23 to, highway or bridge projects eligible under title 23, 

24 United States Code, including interstate rehabilitation, 

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1 construction of overpasses and interchanges, bridge re2 placements, seismic retrofit projects for bridges, and road 

3 realignments; public transportation projects eligible under 

4 chapter 53 of title 49, United States Code, including in5 vestments in projects participating in the New Starts or 

6 Small Starts programs that will expedite the completion 

7 of those projects and their entry into revenue service; pas8 senger and freight rail transportation projects; and port 

9 infrastructure investments, including projects that connect 

10 ports to other modes of transportation and improve the 

11 efficiency of freight movement: Provided further, That of 

12 the amount made available under this paragraph, the Sec13 retary may use an amount not to exceed $450,000,000 

14 for the purpose of paying the subsidy and administrative 

15 costs of projects eligible for federal credit assistance under 

16 chapter 6 of title 23, United States Code, if the Secretary 

17 finds that such use of the funds would advance the pur18 poses of this paragraph: Provided further, That in distrib19 uting funds provided under this heading, the Secretary 

20 shall take such measures so as to ensure an equitable geo21 graphic distribution of funds and an appropriate balance 

22 in addressing the needs of urban and rural communities: 

23 Provided further, That a grant funded under this heading 

24 shall be not less than $20,000,000 and not greater than 

25 $300,000,000: Provided further, That the Secretary may 


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1 waive the minimum grant size cited in the preceding pro2 viso for the purpose of funding significant projects in 

3 smaller cities, regions, or States: Provided further, That 

4 not more than 20 percent of the funds made available 

5 under this paragraph may be awarded to projects in a sin6 gle State: Provided further, That the Federal share of the 

7 costs for which an expenditure is made under this heading 

8 may be up to 100 percent: Provided further, That the Sec9 retary shall give priority to projects that require a con10 tribution of Federal funds in order to complete an overall 

11 financing package, and to projects that are expected to 

12 be completed within 3 years of enactment of this Act: Pro13 vided further, That the Secretary shall publish criteria on 

14 which to base the competition for any grants awarded 

15 under this heading not later than 90 days after enactment 

16 of this Act: Provided further, That the Secretary shall re17 quire applications for funding provided under this heading 

18 to be submitted not later than 180 days after the publica19 tion of such criteria, and announce all projects selected 

20 to be funded from such funds not later than 1 year after 

21 enactment of this Act: Provided further, That projects con22 ducted using funds provided under this heading must com23 ply with the requirements of subchapter IV of chapter 31 

24 of title 40, United States Code: Provided further, That the 

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1 vided under this heading, and may transfer portions of 

2 those funds to the Administrators of the Federal Highway 

3 Administration, the Federal Transit Administration, the 

4 Federal Railroad Administration and the Maritime Ad5 ministration, to fund the award and oversight of grants 

6 made under this heading. 

7 SEC. 3. BUY AMERICA. 

8 All funds provided under this Act shall be subject to 

9 the requirements of section 1605 of division A of the 

10 American Recovery and Reinvestment Act of 2009 (Public 

11 Law 111–5). 

12 SEC. 4. RECOVERY ACT REPORTING REQUIREMENTS. 

13 To the extent practicable, all funds provided under 

14 this Act shall be subject to the reporting, transparency, 

15 and oversight requirements established by section 1201 

16 and title XV of division A of the American Recovery and 

17 Reinvestment Act of 2009 (Public Law 111–5), on the 

18 same basis as funds made available in division A of that 

19 Act. 

20 SEC. 5. FUNDING. 

21 (a) IN GENERAL.—Effective August 1, 2010, of the 

22 unobligated balance of the discretionary appropriations 

23 made available by division A of the American Recovery 

24 and Reinvestment Act of 2009 (Public Law 111–5), there 

25 is rescinded the amount determined by the Director of the 


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1 Office of Management and Budget to be required to offset 

2 the appropriations under this Act. 

3 (b) APPLICATION.—The rescission made by sub4 section (a) shall be applied proportionately— 

5 (1) to each discretionary account; and 

6 (2) within each such account, to each program, 

7 project, and activity (with programs, projects, and 

8 activities as delineated in the appropriation Act or 

9 accompanying reports for the relevant fiscal year 

10 covering such account, or for accounts not included 

11 in an appropriation Act, as delineated in the most 

12 recently submitted President’s budget). 

13 (c) OMB REPORT.—Not later than September 16, 

14 2010, the Director of the Office of Management and 

15 Budget shall submit to the House of Representatives and 

16 the Senate a report specifying the reductions made to each 

17 account, program, project, and activity pursuant to this 

18 section. 

19 SEC. 6. PERIOD OF AVAILABILITY. 

20 No part of any appropriation contained in this Act 

21 shall remain available for obligation beyond September 30, 

22 2010, unless expressly so provided herein. 

Æ 


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