```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5935 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building and Upgrading 
Infrastructure for Long-term Development Act of 2010'' or the ``BUILD 
Act of 2010''.

SEC. 2. SUPPLEMENTAL APPROPRIATIONS.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, and for other purposes, namely:

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

                     (including transfers of funds)

    For an additional amount for ``State and Tribal Assistance 
Grants'', $2,000,000,000, of which $1,000,000,000 shall be for 
capitalization grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act and $1,000,000,000 
shall be for capitalization grants under section 1452 of the Safe 
Drinking Water Act: Provided, That the Administrator may retain up to 1 
percent of the funds appropriated herein for management and oversight 
purposes: Provided further, That funds appropriated herein shall not be 
subject to the matching or cost share requirements of sections 
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act 
nor the matching requirements of section 1452(e) of the Safe Drinking 
Water Act: Provided further, That the Administrator shall reallocate 
funds appropriated herein for the Clean and Drinking Water State 
Revolving Funds (Revolving Funds) where projects are not under contract 
or construction within 8 months of the date of enactment of this Act: 
Provided further, That notwithstanding the priority rankings they would 
otherwise receive under each program, priority for funds appropriated 
herein shall be given to projects on a State priority list that are 
ready to proceed to construction within 12 months of the date of 
enactment of this Act: Provided further, That notwithstanding the 
requirements of section 603(d) of the Federal Water Pollution Control 
Act or section 1452(f) of the Safe Drinking Water Act, for the funds 
appropriated herein, each State shall use not less than 50 percent of 
the amount of its capitalization grants to provide additional 
subsidization to eligible recipients in the form of forgiveness of 
principal, negative interest loans or grants or any combination of 
these: Provided further, That, to the extent there are sufficient 
eligible project applications, not less than 20 percent of the funds 
appropriated herein for the Revolving Funds shall be for projects to 
address green infrastructure, water or energy efficiency improvements 
or other environmentally innovative activities: Provided further, That 
notwithstanding the limitation on amounts specified in section 518(c) 
of the Federal Water Pollution Control Act, up to 2.0 percent of the 
funds appropriated herein for the Clean Water State Revolving Funds may 
be reserved by the Administrator for tribal grants under section 518(c) 
of such Act: Provided further, That up to 4 percent of the funds 
appropriated herein for tribal set-asides under the Revolving Funds may 
be transferred to the Indian Health Service to support management and 
oversight of tribal projects: Provided further, That none of the funds 
appropriated herein shall be available for the purchase of land or 
easements as authorized by section 603(c) of the Federal Water 
Pollution Control Act or for activities authorized by section 1452(k) 
of the Safe Drinking Water Act: Provided further, That notwithstanding 
section 603(d)(2) of the Federal Water Pollution Control Act and 
section 1452(f)(2) of the Safe Drinking Water Act, funds may be used to 
buy, refinance, or restructure the debt obligations of eligible 
recipients only where such debt was incurred on or after October 1, 
2009: Provided further, That section 1606 of title XVI of Public Law 
111-5 shall apply to the use of the funds provided under this heading.

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                   highway infrastructure investment

    For an additional amount for ``Highway Infrastructure Investment'' 
for restoration, repair, construction and other activities eligible 
under paragraph (b) of section 133 of title 23, United States Code, and 
for passenger and freight rail transportation and port infrastructure 
projects eligible for assistance under subsection 601(a)(8) of such 
title, $47,300,000,000, to remain available for the 21-month period 
beginning on the date of enactment of this Act: Provided, That, after 
making the set-asides required under this heading, 50 percent of the 
funds made available under this heading shall be apportioned to States 
using the formula set forth in section 104(b)(3) of title 23, United 
States Code, and the remaining funds shall be apportioned to States in 
the same ratio as the obligation limitation for fiscal year 2010 was 
distributed among the States in accordance with the formula specified 
in section 120(a)(6) of title I of division A of Public Law 111-117: 
Provided further, That funds made available under this heading shall be 
apportioned not later than 21 days after the date of enactment of this 
Act: Provided further, That in selecting projects to be carried out 
with funds apportioned under this heading, priority shall be given to 
projects that are projected for completion within a 3-year time frame, 
and are located in economically distressed areas as defined by section 
301 of the Public Works and Economic Development Act of 1965, as 
amended (42 U.S.C. 3161): Provided further, That in selecting projects 
to be carried out with funds apportioned under this heading, States 
shall ensure an equitable geographic distribution of funds and an 
appropriate balance in addressing the needs of urban and rural 
communities in the State: Provided further, That 120 days following the 
date of such apportionment, the Secretary of Transportation shall 
withdraw from each State an amount equal to 50 percent of the funds 
awarded to that State less the amount of funding obligated, as 
determined by the Secretary, and the Secretary shall redistribute such 
amounts to other States that have had no funds withdrawn under this 
proviso in the manner described in section 120(c) of division K of 
Public Law 110-161: Provided further, That 1 year following the date of 
such apportionment, the Secretary shall withdraw from each recipient of 
funds apportioned under this heading any funds that are not under 
contract, as determined by the Secretary, and the Secretary shall 
redistribute such amounts to States that have had no funds withdrawn 
under this proviso in the manner described in section 120(c) of title I 
of division A of Public Law 111-117: Provided further, That at the 
request of a State, the Secretary of Transportation may provide an 
extension of such 1-year period only to the extent that he feels 
satisfied that the State has encountered extreme conditions that create 
an unworkable bidding environment or other extenuating circumstances: 
Provided further, That before granting such an extension, the Secretary 
shall send a letter to the House and Senate Committees on 
Appropriations that provides a thorough justification for the 
extension: Provided further, That 3 percent of the funds apportioned to 
a State under this heading shall be set aside for the purposes 
described in subsection 133(d)(2) of title 23, United States Code 
(without regard to the comparison to fiscal year 2005): Provided 
further, That 30 percent of the funds apportioned to a State under this 
heading shall be suballocated within the State in the manner and for 
the purposes described in the first sentence of subsection 
133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 
133(d)(3)(D): Provided further, That such suballocation shall be 
conducted in every State: Provided further, That of the funds provided 
under this heading, $105,000,000 shall be for the Puerto Rico highway 
program authorized under section 165 of title 23, United States Code, 
and $45,000,000 shall be for the territorial highway program authorized 
under section 215 of title 23, United States Code: Provided further, 
That of the funds provided under this heading, $60,000,000 shall be for 
capital expenditures eligible under section 147 of title 23, United 
States Code (without regard to subsection (d)): Provided further, That 
of the funds provided under this heading, $550,000,000 shall be for 
investments in transportation at Indian reservations and Federal lands: 
Provided further, That of the funds identified in the preceding 
proviso, $310,000,000 shall be for the Indian Reservation Roads 
program, $170,000,000 shall be for the Park Roads and Parkways program, 
$60,000,000 shall be for the Forest Highway Program, and $10,000,000 
shall be for the Refuge Roads program: Provided further, That for 
investments at Indian reservations and Federal lands, priority shall be 
given to capital investments, and to projects and activities that can 
be completed within 2 years of enactment of this Act: Provided further, 
That 1 year following the enactment of this Act, to ensure the prompt 
use of the $550,000,000 provided for investments at Indian reservations 
and Federal lands, the Secretary shall have the authority to 
redistribute unobligated funds within the respective program for which 
the funds were appropriated: Provided further, That up to 4 percent of 
the funding provided for Indian Reservation Roads may be used by the 
Secretary of the Interior for program management and oversight and 
project-related administrative expenses: Provided further, That section 
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply 
to funds provided under this heading: Provided further, That of the 
funds made available under this heading, $20,000,000 shall be for 
highway surface transportation and technology training under section 
140(b) of title 23, United States Code, and $20,000,000, to remain 
available until expended, shall be for disadvantaged business 
enterprises bonding assistance under section 332(e) of title 49, United 
States Code: Provided further, That funds made available under this 
heading shall be administered as if apportioned under chapter 1 of 
title 23, United States Code, except for funds made available for 
investments in transportation at Indian reservations and Federal lands, 
and for the territorial highway program, which shall be administered in 
accordance with chapter 2 of title 23, United States Code, and except 
for funds made available for disadvantaged business enterprises bonding 
assistance, which shall be administered in accordance with chapter 3 of 
title 49, United States Code: Provided further, That the Federal share 
payable on account of any project or activity carried out with funds 
made available under this heading shall be, at the option of the 
recipient, up to 100 percent of the total cost thereof: Provided 
further, That funds made available by this paragraph shall not be 
obligated for the purposes authorized under section 115(b) of title 23, 
United States Code: Provided further, That funding provided under this 
heading shall be in addition to any and all funds provided for fiscal 
years 2010, 2011, and 2012 in any other Act for ``Federal-aid 
Highways'' and shall not affect the distribution of funds provided for 
``Federal-aid Highways'' in any other Act: Provided further, That the 
amount made available under this heading shall not be subject to any 
limitation on obligations for Federal-aid highways or highway safety 
construction programs set forth in any Act: Provided further, That 
section 1101(b) of Public Law 109-59 shall apply to funds apportioned 
under this heading: Provided further, That the Administrator of the 
Federal Highway Administration may retain up to $45,000,000 of the 
funds provided under this heading to fund the oversight by the 
Administrator of projects and activities carried out with funds made 
available to the Federal Highway Administration in this Act, of which 
$5,000,000 shall be for the Office of Expedited Project Delivery in the 
Office of the Administrator of the Federal Highway Administration, and 
such funds shall be available for the 45-month period beginning on the 
date of enactment of this Act.

                     Federal Transit Administration

                       transit capital assistance

    For an additional amount for ``Transit Capital Assistance'' for 
transit capital assistance grants authorized under section 5302(a)(1) 
of title 49, United States Code, $12,000,000,000: Provided, That the 
Secretary of Transportation shall provide 80 percent of the funds 
appropriated under this heading for grants under section 5307 of title 
49, United States Code, and apportion such funds in accordance with 
section 5336 of such title: Provided further, That the Secretary shall 
apportion 10 percent of the funds appropriated under this heading in 
accordance with section 5340 of such title: Provided further, That the 
Secretary shall provide 10 percent of the funds appropriated under this 
heading for grants under section 5311 of title 49, United States Code, 
and apportion such funds in accordance with such section: Provided 
further, That funds apportioned under this heading shall be apportioned 
not later than 21 days after the date of enactment of this Act: 
Provided further, That 120 days following the date of such 
apportionment, the Secretary shall withdraw from each urbanized area or 
State an amount equal to 50 percent of the funds apportioned to such 
urbanized areas or States less the amount of funding obligated, as 
determined by the Secretary, and the Secretary shall redistribute such 
amounts to other urbanized areas or States that have had no funds 
withdrawn under this proviso utilizing whatever method he deems 
appropriate to ensure that all funds redistributed under this proviso 
shall be utilized promptly: Provided further, That 1 year following the 
date of such apportionment, the Secretary shall withdraw from each 
urbanized area or State any funds that are not under contract, as 
determined by the Secretary, and the Secretary shall redistribute such 
amounts to other urbanized areas or States that have had no funds 
withdrawn under this proviso utilizing whatever method he deems 
appropriate to ensure that all funds redistributed under this proviso 
shall be utilized promptly: Provided further, That at the request of an 
urbanized area or State, the Secretary of Transportation may provide an 
extension of such 1-year period if he feels satisfied that the 
urbanized area or State has encountered an unworkable bidding 
environment or other extenuating circumstances: Provided further, That 
before granting such an extension, the Secretary shall send a letter to 
the House and Senate Committees on Appropriations that provides a 
thorough justification for the extension: Provided further, That of the 
funds provided for section 5311 of title 49, United States Code, 2.5 
percent shall be made available for section 5311(c)(1): Provided 
further, That of the funding provided under this heading, $100,000,000 
shall be distributed as discretionary grants to public transit agencies 
for capital investments that will assist in reducing the energy 
consumption or greenhouse gas emissions of their public transportation 
systems: Provided further, That for such grants on energy-related 
investments, priority shall be given to projects based on the total 
energy savings that are projected to result from the investment, and 
projected energy savings as a percentage of the total energy usage of 
the public transit agency: Provided further, That applicable chapter 53 
requirements shall apply to funding provided under this heading, except 
that the Federal share of the costs for which any grant is made under 
this heading shall be, at the option of the recipient, up to 100 
percent: Provided further, That the amount made available under this 
heading shall not be subject to any limitation on obligations for 
transit programs set forth in any Act: Provided further, That section 
1101(b) of Public Law 109-59 shall apply to funds appropriated under 
this heading: Provided further, That the funds appropriated under this 
heading shall not be commingled with any prior year funds: Provided 
further, That a recipient and subrecipient of funds made available 
under this heading may use up to 10 percent of the amount apportioned 
to a State or urbanized area for the operating costs of equipment and 
facilities for use in public transportation or for eligible activities 
under section 5311(f): Provided further, That in selecting projects to 
be carried out with funds apportioned under this heading, priority 
shall be given to projects that are located in economically distressed 
areas as defined by section 301 of the Public Works and Economic 
Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, 
That in selecting projects to be carried out with funds apportioned 
under this heading, States shall ensure an equitable geographic 
distribution of funds and an appropriate balance in addressing the 
needs of urban and rural communities in the State: Provided further, 
That notwithstanding any other provision of law, three-quarters of 1 
percent of the funds provided for grants under section 5307 and section 
5340, and one-half of 1 percent of the funds provided for grants under 
section 5311, shall be available for administrative expenses and 
program management oversight, and such funds shall be available for the 
45-month period beginning on the date of enactment of this Act.

                        Office of the Secretary

supplemental discretionary grants for a national surface transportation 
                                 system

    For an additional amount for capital investments in surface 
transportation infrastructure, $3,500,000,000, to remain available for 
the 1-year period beginning on the date of enactment of this Act: 
Provided, That the Secretary of Transportation shall distribute funds 
provided under this heading as discretionary grants to be awarded to 
State and local governments or transit agencies on a competitive basis 
for projects that will have a significant impact on the Nation, a 
metropolitan area, or a region: Provided further, That projects 
eligible for funding provided under this heading shall include, but not 
be limited to, highway or bridge projects eligible under title 23, 
United States Code, including interstate rehabilitation, improvements 
to the rural collector road system, the reconstruction of overpasses 
and interchanges, bridge replacements, seismic retrofit projects for 
bridges, and road realignments; public transportation projects eligible 
under chapter 53 of title 49, United States Code, including investments 
in projects participating in the New Starts or Small Starts programs 
that will expedite the completion of those projects and their entry 
into revenue service; passenger and freight rail transportation 
projects; and port infrastructure investments, including projects that 
connect ports to other modes of transportation and improve the 
efficiency of freight movement: Provided further, That of the amount 
made available under this paragraph, the Secretary may use an amount 
not to exceed $450,000,000 for the purpose of paying the subsidy and 
administrative costs of projects eligible for federal credit assistance 
under chapter 6 of title 23, United States Code, if the Secretary finds 
that such use of the funds would advance the purposes of this 
paragraph: Provided further, That in distributing funds provided under 
this heading, the Secretary shall take such measures so as to ensure an 
equitable geographic distribution of funds and an appropriate balance 
in addressing the needs of urban and rural communities: Provided 
further, That a grant funded under this heading shall be not less than 
$20,000,000 and not greater than $300,000,000: Provided further, That 
the Secretary may waive the minimum grant size cited in the preceding 
proviso for the purpose of funding significant projects in smaller 
cities, regions, or States: Provided further, That not more than 20 
percent of the funds made available under this paragraph may be awarded 
to projects in a single State: Provided further, That the Federal share 
of the costs for which an expenditure is made under this heading may be 
up to 100 percent: Provided further, That the Secretary shall give 
priority to projects that require a contribution of Federal funds in 
order to complete an overall financing package, and to projects that 
are expected to be completed within 3 years of enactment of this Act: 
Provided further, That the Secretary shall publish criteria on which to 
base the competition for any grants awarded under this heading not 
later than 90 days after enactment of this Act: Provided further, That 
the Secretary shall require applications for funding provided under 
this heading to be submitted not later than 180 days after the 
publication of such criteria, and announce all projects selected to be 
funded from such funds not later than 1 year after enactment of this 
Act: Provided further, That projects conducted using funds provided 
under this heading must comply with the requirements of subchapter IV 
of chapter 31 of title 40, United States Code: Provided further, That 
the Secretary may retain up to $1,500,000 of the funds provided under 
this heading, and may transfer portions of those funds to the 
Administrators of the Federal Highway Administration, the Federal 
Transit Administration, the Federal Railroad Administration and the 
Maritime Administration, to fund the award and oversight of grants made 
under this heading.

SEC. 3. BUY AMERICA.

    All funds provided under this Act shall be subject to the 
requirements of section 1605 of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5).

SEC. 4. RECOVERY ACT REPORTING REQUIREMENTS.

    To the extent practicable, all funds provided under this Act shall 
be subject to the reporting, transparency, and oversight requirements 
established by section 1201 and title XV of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5), on the same 
basis as funds made available in division A of that Act.

SEC. 5. FUNDING.

    (a) In General.--Effective August 1, 2010, of the unobligated 
balance of the discretionary appropriations made available by division 
A of the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5), there is rescinded the amount determined by the Director of the 
Office of Management and Budget to be required to offset the 
appropriations under this Act.
    (b) Application.--The rescission made by subsection (a) shall be 
applied proportionately--
            (1) to each discretionary account; and
            (2) within each such account, to each program, project, and 
        activity (with programs, projects, and activities as delineated 
        in the appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account, or for accounts not 
        included in an appropriation Act, as delineated in the most 
        recently submitted President's budget).
    (c) OMB Report.--Not later than September 16, 2010, the Director of 
the Office of Management and Budget shall submit to the House of 
Representatives and the Senate a report specifying the reductions made 
to each account, program, project, and activity pursuant to this 
section.

SEC. 6. PERIOD OF AVAILABILITY.

    No part of any appropriation contained in this Act shall remain 
available for obligation beyond September 30, 2010, unless expressly so 
provided herein.
                                 <all>
```