I 
113TH CONGRESS 
1ST SESSION H. R. 2821 
To provide tax relief for American workers and businesses, to put workers 
back on the job while rebuilding and modernizing America, and to provide 
pathways back to work for Americans looking for jobs. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2013 
Ms. WILSON of Florida (for herself, Ms. PELOSI, Mr. CLYBURN, Ms. FUDGE, 
Mr. CICILLINE, Mr. ENYART, Ms. HANABUSA, Ms. NORTON, Ms. BASS, 
Mr. BUTTERFIELD, Ms. SEWELL of Alabama, Mr. RICHMOND, Mr. CON-
YERS, Ms. BROWN of Florida, Mrs. CHRISTENSEN, Mr. CA´RDENAS, Ms. 
LEE of California, Mr. TAKANO, Mrs. NAPOLITANO, Ms. DELAURO, Ms. 
FRANKEL of Florida, Ms. CLARKE, Mr. BRADY of Pennsylvania, Ms. 
SCHAKOWSKY, Mr. TONKO, Ms. SHEA-PORTER, Mr. GRIJALVA, Mr. 
HOLT, Mr. SABLAN, Mr. CARTWRIGHT, Ms. WASSERMAN SCHULTZ, Mr. 
NADLER, Mr. LARSON of Connecticut, Mr. PAYNE, Mr. MCGOVERN, Ms. 
EDDIE BERNICE JOHNSON of Texas, Mr. RUSH, Ms. MOORE, Mr. 
VEASEY, Mrs. BEATTY, Ms. KELLY of Illinois, Mr. AL GREEN of Texas, 
Mr. SCOTT of Virginia, Mr. DAVID SCOTT of Georgia, Mr. JOHNSON of 
Georgia, Ms. EDWARDS, Mr. RANGEL, Ms. JACKSON LEE, Mr. JEFFRIES, 
Mr. BISHOP of Georgia, Mr. CLEAVER, Mr. DANNY K. DAVIS of Illinois, 
Mr. THOMPSON of Mississippi, Mr. CARSON of Indiana, Ms. WATERS, Mr. 
WATT, Mr. LEWIS, Mr. GUTIE´RREZ, Mr. CLAY, Mr. CUMMINGS, Mr. 
GARCIA, Ms. MCCOLLUM, Mr. ELLISON, Mr. FATTAH, Mr. DEUTCH, Mr. 
MEEKS, Ms. HAHN, Mr. CARNEY, and Mr. KEATING) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Small Business, Education and the 
Workforce, the Judiciary, Transportation and Infrastructure, Financial 
Services, House Administration, Oversight and Government Reform, and 
the Budget, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
A BILL 
To provide tax relief for American workers and businesses, 
to put workers back on the job while rebuilding and 
modernizing America, and to provide pathways back to 
work for Americans looking for jobs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Jobs Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. Severability. 
Sec. 4. Buy American—Use of American iron, steel, and manufactured goods. 
Sec. 5. Wage rate and employment protection requirements. 
TITLE I—RELIEF FOR WORKERS AND BUSINESSES 
Subtitle A—Making Work Pay Credit 
Sec. 101. Making work pay credit. 
Subtitle B—Other Relief for Businesses 
Sec. 111. Extension of temporary 100 percent bonus depreciation for certain 
business assets. 
Sec. 112. Surety bonds. 
TITLE II—PUTTING WORKERS BACK ON THE JOB WHILE 
REBUILDING AND MODERNIZING AMERICA 
Subtitle A—Teacher Stabilization 
Sec. 201. Purpose. 
Sec. 202. Grants for the outlying areas and the Secretary of the Interior; avail-
ability of funds. 
Sec. 203. State allocation. 
Sec. 204. State application. 
Sec. 205. State reservation and responsibilities. 
Sec. 206. Local educational agencies. 
Sec. 207. Early learning. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
Sec. 208. Maintenance of effort. 
Sec. 209. Reporting. 
Sec. 210. Definitions. 
Sec. 211. Authorization of appropriations. 
Subtitle B—First Responder Stabilization 
Sec. 212. Purpose. 
Sec. 213. Grant program. 
Sec. 214. Appropriations. 
Subtitle C—School Modernization 
PART I—ELEMENTARY AND SECONDARY SCHOOLS 
Sec. 221. Purpose. 
Sec. 222. Authorization of appropriations. 
Sec. 223. Allocation of funds. 
Sec. 224. State use of funds. 
Sec. 225. State and local applications. 
Sec. 226. Use of funds. 
Sec. 227. Private schools. 
Sec. 228. Additional provisions. 
PART II—COMMUNITY COLLEGE MODERNIZATION 
Sec. 229. Federal assistance for community college modernization. 
PART III—DEFINITIONS 
Sec. 230. Definitions. 
Subtitle D—Immediate Transportation Infrastructure Investments 
Sec. 241. Immediate transportation infrastructure investments. 
Subtitle E—Building and Upgrading Infrastructure for Long-Term 
Development 
Sec. 242. Short title. 
Sec. 243. Findings and purpose. 
Sec. 244. Definitions. 
PART I—AMERICAN INFRASTRUCTURE FINANCING AUTHORITY 
Sec. 245. Establishment and general authority of AIFA. 
Sec. 246. Voting members of the Board of Directors. 
Sec. 247. Chief executive officer of AIFA. 
Sec. 248. Powers and duties of the Board of Directors. 
Sec. 249. Senior management. 
Sec. 250. Special Inspector General for AIFA. 
Sec. 251. Other personnel. 
Sec. 252. Compliance. 
PART II—TERMS AND LIMITATIONS ON DIRECT LOANS AND LOAN 
GUARANTEES 
Sec. 253. Eligibility criteria for assistance from AIFA and terms and limita-
tions of loans. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
Sec. 254. Loan terms and repayment. 
Sec. 255. Compliance and enforcement. 
Sec. 256. Audits; reports to the President and Congress. 
PART III—FUNDING OF AIFA 
Sec. 257. Administrative fees. 
Sec. 258. Efficiency of AIFA. 
Sec. 259. Funding. 
PART IV—EXTENSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX 
TREATMENT FOR CERTAIN TAX-EXEMPT BONDS 
Sec. 260. Extension of exemption from alternative minimum tax treatment for 
certain tax-exempt bonds. 
Subtitle F—Project Rebuild 
Sec. 261. Project rebuild. 
TITLE III—ASSISTANCE FOR THE UNEMPLOYED AND PATHWAYS 
BACK TO WORK 
Subtitle A—Supporting Unemployed Workers 
Sec. 301. Short title. 
PART I—EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION AND 
CERTAIN EXTENDED BENEFITS PROVISIONS, AND ESTABLISHMENT
OF 
SELF-EMPLOYMENT ASSISTANCE PROGRAM 
Sec. 311. Extension of emergency unemployment compensation program. 
Sec. 312. Temporary extension of extended benefit provisions. 
Sec. 313. Additional extended unemployment benefits under the Railroad Un-
employment Insurance Act. 
PART II—REEMPLOYMENT NOW PROGRAM 
Sec. 321. Establishment of reemployment NOW program. 
Sec. 322. Distribution of funds. 
Sec. 323. State plan. 
Sec. 324. Bridge to work program. 
Sec. 325. Wage insurance. 
Sec. 326. Enhanced reemployment strategies. 
Sec. 327. Self-employment programs. 
Sec. 328. Additional innovative programs. 
Sec. 329. Guidance and additional requirements. 
Sec. 330. Report of information and evaluations to Congress and the public. 
Sec. 331. State. 
PART III—SHORT-TIME COMPENSATION PROGRAM 
Sec. 341. Temporary financing of short-time compensation payments in states 
with programs in law. 
Sec. 342. Temporary financing of short-time compensation agreements. 
Sec. 343. Grants for short-time compensation programs. 
Sec. 344. Assistance and guidance in implementing programs. 
Sec. 345. Reports. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
Subtitle B—Long-Term Unemployed Hiring Preferences 
Sec. 351. Long-term unemployed workers work opportunity tax credits. 
Subtitle C—Pathways Back to Work 
Sec. 361. Short title. 
Sec. 362. Authorization of appropriations. 
Sec. 363. Availability of funds. 
Sec. 364. Subsidized employment for unemployed, low-income adults. 
Sec. 365. Summer employment and year-round employment opportunities for 
low-income youth. 
Sec. 366. Work-based employment strategies of demonstrated effectiveness. 
Sec. 367. General requirements. 
Sec. 368. Definitions. 
Subtitle D—Prohibition of Discrimination in Employment on the Basis of an 
Individual’s Status as Unemployed 
Sec. 371. Short title. 
Sec. 372. Findings and purpose. 
Sec. 373. Definitions. 
Sec. 374. Prohibited acts. 
Sec. 375. Enforcement. 
Sec. 376. Federal and State immunity. 
Sec. 377. Relationship to other laws. 
Sec. 378. Severability. 
Sec. 379. Effective date. 
TITLE IV—OFFSETS 
Subtitle A—28 Percent Limitation on Certain Deductions and Exclusions 
Sec. 401. 28 percent limitation on certain deductions and exclusions. 
Subtitle B—Tax Carried Interest in Investment Partnerships as Ordinary 
Income 
Sec. 411. Partnership interests transferred in connection with performance of 
services. 
Sec. 412. Special rules for partners providing investment management services 
to partnerships. 
Subtitle C—Close Loophole for Corporate Jet Depreciation 
Sec. 421. General aviation aircraft treated as 7-year property. 
Subtitle D—Repeal Oil Subsidies 
Sec. 431. Repeal of deduction for intangible drilling and development costs in 
the case of oil and gas wells. 
Sec. 432. Repeal of deduction for tertiary injectants. 
Sec. 433. Repeal of percentage depletion for oil and gas wells. 
Sec. 434. Section 199 deduction not allowed with respect to oil, natural gas, 
or primary products thereof. 
Sec. 435. Repeal oil and gas working interest exception to passive activity rules. 
Sec. 436. Repeal enhanced oil recovery credit. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
Sec. 437. Uniform seven-year amortization for geological and geophysical ex-
penditures. 
Sec. 438. Repeal marginal well production credit. 
Subtitle E—Dual Capacity Taxpayers 
Sec. 441. Modifications of foreign tax credit rules applicable to dual capacity 
taxpayers. 
Sec. 442. Separate basket treatment taxes paid on foreign oil and gas income. 
Subtitle F—Repeal of Sequestration 
Sec. 451. Repeal of sequestration. 
SEC. 2. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any subtitle of this Act shall 
be treated as referring only to the provisions of that sub-
title. 
SEC. 3. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of the Act and the application of such provision to 
other persons or circumstances shall not be affected there-
by. 
SEC. 4. BUY AMERICAN—USE OF AMERICAN IRON, STEEL, 
AND MANUFACTURED GOODS. 
(a) None of the funds appropriated or otherwise made 
available by this Act may be used for a project for the 
construction, alteration, maintenance, or repair of a public 
building or public work unless all of the iron, steel, and 
manufactured goods used in the project are produced in 
the United States. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the head of the Federal depart-
ment or agency involved finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
(c) If the head of a Federal department or agency 
determines that it is necessary to waive the application 
of subsection (a) based on a finding under subsection (b), 
the head of the department or agency shall publish in the 
Federal Register a detailed written justification as to why 
the provision is being waived. 
(d) This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 5. WAGE RATE AND EMPLOYMENT PROTECTION RE-
QUIREMENTS. 
(a) Notwithstanding any other provision of law and 
in a manner consistent with other provisions in this Act, 
all laborers and mechanics employed by contractors and 
subcontractors on projects funded directly by or assisted 
in whole or in part by and through the Federal Govern-
ment pursuant to this Act shall be paid wages at rates 
not less than those prevailing on projects of a character 
similar in the locality as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of 
title 40, United States Code. 
(b) With respect to the labor standards specified in 
this section, the Secretary of Labor shall have the author-
ity and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and sec-
tion 3145 of title 40, United States Code. 
(c) Projects as defined under title 49, United States 
Code, funded directly by or assisted in whole or in part 
by and through the Federal Government pursuant to this 
Act shall be subject to the requirements of section 5333(b) 
of title 49, United States Code. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
TITLE I—RELIEF FOR WORKERS 
AND BUSINESSES 
Subtitle A—Making Work Pay 
Credit 
SEC. 101. MAKING WORK PAY CREDIT. 
(a) IN GENERAL.—Subsection (e) of section 36A of 
the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(e) TERMINATION.—This section shall not apply 
to— 
‘‘(1) beginning after December 31, 2010, and 
before January 1, 2014, and 
‘‘(2) taxable years beginning after December 
31, 2014.’’. 
(b) TREATMENT OF POSSESSIONS.—Rules similar to 
the rules of subsections (b) and (c) of section 1001 of the 
American Recovery and Reinvestment Tax Act of 2009 
shall apply with respect to the amendment made by sub-
section (a). For purposes of the preceding sentence, such 
section shall be applied by substituting ‘‘taxable years be-
ginning in 2014’’ for ‘‘taxable years beginning in 2009 
and 2010’’ each place it occurs. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to taxable years 
beginning after December 31, 2013. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
Subtitle B—Other Relief for 
Businesses 
SEC. 111. EXTENSION OF TEMPORARY 100 PERCENT BONUS 
DEPRECIATION FOR CERTAIN BUSINESS AS-
SETS. 
(a) IN GENERAL.—Paragraph (5) of section 168(k) 
of the Internal Revenue Code is amended— 
(1) by striking ‘‘January 1, 2012’’ each place 
it appears and inserting ‘‘January 1, 2015’’, and 
(2) by striking ‘‘January 1, 2013’’ and insert-
ing ‘‘January 1, 2016’’. 
(b) CONFORMING AMENDMENT.—The heading for 
paragraph (5) of section 168(k) of the Internal Revenue 
Code is amended by striking ‘‘PRE-2012 PERIODS’’ and in-
serting ‘‘PRE-2014 PERIODS’’. 
SEC. 112. SURETY BONDS. 
(a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of 
the Small Business Investment Act of 1958 (15 U.S.C. 
694b(a)(1)) is amended by striking ‘‘$2,000,000’’ and in-
serting ‘‘$5,000,000’’. 
(b) DENIAL OF LIABILITY.—Section 411(e)(2) of the 
Small Business Investment Act of 1958 (15 U.S.C. 
694b(e)(2)) is amended by striking ‘‘$2,000,000’’ and in-
serting ‘‘$5,000,000’’. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(c) SUNSET.—The amendments made by subsections 
(a) and (b) of this section shall remain in effect until Sep-
tember 30, 2014. 
(d) FUNDING.—There is appropriated out of any 
money in the Treasury not otherwise appropriated, 
$3,000,000, to remain available until expended, for addi-
tional capital for the Surety Bond Guarantees Revolving 
Fund, as authorized by the Small Business Investment 
Act of 1958, as amended. 
TITLE 
II—PUTTING 
WORKERS 
BACK ON THE JOB WHILE RE-
BUILDING AND MODERNIZING 
AMERICA 
Subtitle A—Teacher Stabilization 
SEC. 201. PURPOSE. 
The purpose of this subtitle is to provide funds to 
States to prevent teacher layoffs and support the creation 
of additional jobs in public early childhood, elementary, 
and secondary education in the 2013–2014 and 2014– 
2015 school years. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 202. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR; AVAILABILITY 
OF FUNDS. 
(a) RESERVATION OF FUNDS.—From the amount ap-
propriated to carry out this subtitle under section 212, 
the Secretary— 
(1) shall reserve up to one-half of one percent 
to provide assistance to the outlying areas on the 
basis of their respective needs, as determined by the 
Secretary, for activities consistent with this subtitle 
under such terms and conditions as the Secretary 
may determine; 
(2) shall reserve up to one-half of one percent 
to provide assistance to the Secretary of the Interior 
to carry out activities consistent with this subtitle, in 
schools operated or funded by the Bureau of Indian 
Education; and 
(3) may reserve up to $2,000,000 for adminis-
tration and oversight of this subtitle, including pro-
gram evaluation. 
(b) AVAILABILITY OF FUNDS.—Funds made avail-
able under section 212 shall remain available to the Sec-
retary until September 30, 2014. 
SEC. 203. STATE ALLOCATION. 
(a) ALLOCATION.—After reserving funds under sec-
tion 203(a), the Secretary shall allocate the remaining 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
funds appropriated under section 212 to States, of 
which— 
(1) 60 percent shall be allocated to States on 
the basis of their relative population of individuals 
aged 5 through 17; and 
(2) 40 percent shall be allocated to States on 
the basis of their relative total population. 
(b) AWARDS.—The Secretary shall award a State’s 
allocation under subsection (a) to the Governor of the 
State only if the Secretary has approved the State’s appli-
cation under section 205. 
(c) ALTERNATE DISTRIBUTION OF FUNDS.— 
(1) IN GENERAL.—If, within 30 days after the 
date of enactment of this Act, a Governor has not 
submitted an approvable application to the Sec-
retary, the Secretary shall, consistent with para-
graph (2), provide for funds allocated to that State 
to be distributed to another entity or other entities 
in the State for the support of early childhood, ele-
mentary, and secondary education, under such terms 
and conditions as the Secretary may establish. 
(2) MAINTENANCE OF EFFORT.— 
(A) GOVERNOR
ASSURANCE.—The Sec-
retary shall not allocate funds under paragraph 
(1) unless the Governor of the State provides 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
an assurance to the Secretary that the State 
will for fiscal years 2014 and 2015 meet the re-
quirements of section 209. 
(B) ALLOCATIONS TO OTHER ENTITIES.— 
Notwithstanding subparagraph (A), the Sec-
retary may allocate up to 50 percent of the 
funds that are available to the State under 
paragraph (1) to another entity or entities in 
the State, provided that the State educational 
agency submits data to the Secretary dem-
onstrating that the State will for fiscal year 
2014 meet the requirements of section 209(a) 
or the Secretary otherwise determines that the 
State will meet those requirements, or such 
comparable requirements as the Secretary may 
establish, for that year. 
(3) REQUIREMENTS.—An entity that receives 
funds under paragraph (1) shall use those funds in 
accordance with the requirements of this subtitle. 
(d) REALLOCATION.—If a State does not receive 
funding under this subtitle or only receives a portion of 
its allocation under subsection (c), the Secretary shall re-
allocate the State’s entire allocation or the remaining por-
tion of its allocation, as the case may be, to the remaining 
States in accordance with subsection (a). 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 204. STATE APPLICATION. 
The Governor of a State desiring to receive a grant 
under this subtitle shall submit an application to the Sec-
retary within 30 days of the date of enactment of this Act, 
in such manner, and containing such information as the 
Secretary may reasonably require to determine the State’s 
compliance with applicable provisions of law. 
SEC. 205. STATE RESERVATION AND RESPONSIBILITIES. 
(a) RESERVATION.—Each State receiving a grant 
under section 204(b) may reserve— 
(1) not more than 10 percent of the grant 
funds for awards to State-funded early learning pro-
grams; and 
(2) not more than 2 percent of the grant funds 
for the administrative costs of carrying out its re-
sponsibilities under this subtitle. 
(b) STATE RESPONSIBILITIES.—Each State receiving 
a grant under this subtitle shall, after reserving any funds 
under subsection (a)— 
(1) use the remaining grant funds only for 
awards to local educational agencies for the support 
of early childhood, elementary, and secondary edu-
cation; 
(2) distribute those funds, through subgrants, 
to its local educational agencies by distributing— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(A) 60 percent on the basis of the local 
educational agencies’ relative shares of enroll-
ment; and 
(B) 40 percent on the basis of the local 
educational agencies’ relative shares of funds 
received under part A of title I of the Elemen-
tary and Secondary Education Act of 1965 for 
fiscal year 2013; and 
(3) make those funds available to local edu-
cational agencies no later than 100 days after receiv-
ing a grant from the Secretary. 
(c) PROHIBITIONS.—A State shall not use funds re-
ceived under this subtitle to directly or indirectly— 
(1) establish, restore, or supplement a rainy-day 
fund; 
(2) supplant State funds in a manner that has 
the 
effect 
of 
establishing, 
restoring, 
or 
supplementing a rainy-day fund; 
(3) reduce or retire debt obligations incurred by 
the State; or 
(4) supplant State funds in a manner that has 
the effect of reducing or retiring debt obligations in-
curred by the State. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 206. LOCAL EDUCATIONAL AGENCIES. 
Each local educational agency that receives a 
subgrant under this subtitle— 
(1) shall use the subgrant funds only for com-
pensation and benefits and other expenses, such as 
support services, necessary to retain existing employ-
ees, recall or rehire former employees, or hire new 
employees to provide early childhood, elementary, or 
secondary educational and related services; 
(2) shall obligate those funds not later than 
September 30, 2015; and 
(3) may not use those funds for general admin-
istrative expenses or for other support services or ex-
penditures, as those terms are defined by the Na-
tional Center for Education Statistics in the Com-
mon Core of Data, as of the date of enactment of 
this Act. 
SEC. 207. EARLY LEARNING. 
Each State-funded early learning program that re-
ceives funds under this subtitle shall— 
(1) use those funds only for compensation, ben-
efits, and other expenses, such as support services, 
necessary to retain early childhood educators, recall 
or rehire former early childhood educators, or hire 
new early childhood educators to provide early learn-
ing services; and 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(2) obligate those funds not later than Sep-
tember 30, 2015. 
SEC. 208. MAINTENANCE OF EFFORT. 
(a) REQUIREMENT.—The Secretary shall not allocate 
funds to a State under this subtitle unless the State pro-
vides an assurance to the Secretary that— 
(1) for State fiscal year 2014— 
(A) the State will maintain State support 
for early childhood, elementary, and secondary 
education (in the aggregate or on the basis of 
expenditure per pupil) and for public institu-
tions of higher education (not including support 
for capital projects or for research and develop-
ment or tuition and fees paid by students) at 
not less than the level of such support for each 
of the two categories for State fiscal year 2013; 
or 
(B) the State will maintain State support 
for early childhood, elementary, and secondary 
education and for public institutions of higher 
education (not including support for capital 
projects or for research and development or tui-
tion and fees paid by students) at a percentage 
of the total revenues available to the State that 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
is equal to or greater than the percentage pro-
vided for State fiscal year 2013; and 
(2) for State fiscal year 2015— 
(A) the State will maintain State support 
for early childhood, elementary, and secondary 
education (in the aggregate or on the basis of 
expenditure per pupil) and for public institu-
tions of higher education (not including support 
for capital projects or for research and develop-
ment or tuition and fees paid by students) at 
not less than the level of such support for each 
of the two categories for State fiscal year 2014; 
or 
(B) the State will maintain State support 
for early childhood, elementary, and secondary 
education and for public institutions of higher 
education (not including support for capital 
projects or for research and development or tui-
tion and fees paid by students) at a percentage 
of the total revenues available to the State that 
is equal to or greater than the percentage pro-
vided for State fiscal year 2014. 
(b) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that a 
waiver would be equitable due to— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) exceptional or uncontrollable circumstances, 
such as a natural disaster; or 
(2) a precipitous decline in the financial re-
sources of the State. 
SEC. 209. REPORTING. 
Each State that receives a grant under this subtitle 
shall submit, on an annual basis, a report to the Secretary 
that contains— 
(1) a description of how funds received under 
this part were expended or obligated; and 
(2) an estimate of the number of jobs supported 
by the State using funds received under this subtitle. 
SEC. 210. DEFINITIONS. 
In this subtitle: 
(1) ESEA DEFINITIONS.—Except as otherwise 
provided, the terms ‘‘local educational agency’’, 
‘‘outlying area’’, ‘‘Secretary’’, ‘‘State’’, and ‘‘State 
educational agency’’ have the meanings given those 
terms in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(2) STATE.—The term ‘‘State’’ does not include 
an outlying area. 
(3) EARLY
CHILD
EDUCATOR.—The term 
‘‘early childhood educator’’ means an individual 
who— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(A) works directly with children in a State- 
funded early learning program in a low-income 
community; 
(B) is involved directly in the care, devel-
opment, and education of infants, toddlers, or 
young children age five and under; and 
(C) has completed a baccalaureate or ad-
vanced degree in early childhood development or 
early childhood education, or in a field related 
to early childhood education. 
(4) STATE-FUNDED
EARLY
LEARNING
PRO-
GRAM.—The term ‘‘State-funded early learning pro-
gram’’ means a program that provides educational 
services to children from birth to kindergarten entry 
and receives funding from a State. 
SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated, and there 
are appropriated, $30,000,000,000 to carry out this sub-
title for fiscal year 2014. 
Subtitle B—First Responder 
Stabilization 
SEC. 212. PURPOSE. 
The purpose of this subtitle is to provide funds to 
States and localities to prevent layoffs of, and support the 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
creation of additional jobs for, law enforcement officers 
and other first responders. 
SEC. 213. GRANT PROGRAM. 
The Attorney General shall carry out a competitive 
grant program pursuant to section 1701 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd) for hiring, rehiring, or retention of career 
law enforcement officers under part Q of such title. Grants 
awarded under this section shall not be subject to sub-
sections (g) or (i) of section 1701 or to section 1704 of 
such Act (42 U.S.C. 3796dd–3(c)). 
SEC. 214. APPROPRIATIONS. 
There are hereby appropriated to the Community 
Oriented Policing Stabilization Fund out of any money in 
the Treasury not otherwise obligated, $5,000,000,000, to 
remain available until September 30, 2012, of which 
$4,000,000,000 shall be for the Attorney General to carry 
out the competitive grant program under section 214; and 
of which $1,000,000,000 shall be transferred by the Attor-
ney General to a First Responder Stabilization Fund from 
which the Secretary of Homeland Security shall make 
competitive grants for hiring, rehiring, or retention pursu-
ant to the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 et seq.), to carry out section 34 
of such Act (15 U.S.C. 2229a). In making such grants, 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
the Secretary may grant waivers from the requirements 
in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4)(A) of such section 34. Of the amounts 
appropriated herein, not to exceed $8,000,000 shall be for 
administrative costs of the Attorney General, and not to 
exceed $2,000,000 shall be for administrative costs of the 
Secretary of Homeland Security. 
Subtitle C—School Modernization 
PART I—ELEMENTARY AND SECONDARY 
SCHOOLS 
SEC. 221. PURPOSE. 
The purpose of this part is to provide assistance for 
the modernization, renovation, and repair of elementary 
and secondary school buildings in public school districts 
across America in order to support the achievement of im-
proved educational outcomes in those schools. 
SEC. 222. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated, and there 
are appropriated, $25,000,000,000 to carry out this part, 
which shall be available for obligation by the Secretary 
until September 30, 2014. 
SEC. 223. ALLOCATION OF FUNDS. 
(a) RESERVATIONS.—Of the amount made available 
to carry out this part, the Secretary shall reserve— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) one-half of one percent for the Secretary of 
the Interior to carry out modernization, renovation, 
and repair activities described in section 226 in 
schools operated or funded by the Bureau of Indian 
Education; 
(2) one-half of one percent to make grants to 
the outlying areas for modernization, renovation, 
and repair activities described in section 226; and 
(3) such funds as the Secretary determines are 
needed to conduct a survey, by the National Center 
for Education Statistics, of the school construction, 
modernization, renovation, and repair needs of the 
public schools of the United States. 
(b) STATE
ALLOCATION.—After reserving funds 
under subsection (a), the Secretary shall allocate the re-
maining amount among the States in proportion to their 
respective allocations under part A of title I of the Ele-
mentary and Secondary Education Act of 1965 (in this 
part referred to as the ‘‘ESEA’’) (20 U.S.C. 6311 et seq.) 
for fiscal year 2013, except that— 
(1) the Secretary shall allocate 40 percent of 
such remaining amount to the 100 local educational 
agencies with the largest numbers of children aged 
5–17 living in poverty, as determined using the most 
recent data available from the Department of Com-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
merce that are satisfactory to the Secretary, in pro-
portion to those agencies’ respective allocations 
under part A of title I of the ESEA for fiscal year 
2013; and 
(2) the allocation to any State shall be reduced 
by the aggregate amount of the allocations under 
paragraph (1) to local educational agencies in that 
State. 
(c) REMAINING ALLOCATION.— 
(1) STATES.—If a State does not apply for its 
allocation under subsection (b) (or applies for less 
than the full allocation for which it is eligible) or 
does not use that allocation in a timely manner, the 
Secretary may— 
(A) reallocate all or a portion of that allo-
cation to the other States in accordance with 
subsection (b); or 
(B) use all or a portion of that allocation 
to make direct allocations to local educational 
agencies within the State based on their respec-
tive allocations under part A of title I of the 
ESEA for fiscal year 2013 or such other meth-
od as the Secretary may determine. 
(2) LOCAL EDUCATIONAL AGENCIES.—If a local 
educational agency does not apply for its allocation 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
under subsection (b)(1), applies for less than the full 
allocation for which it is eligible, or does not use 
that allocation in a timely manner, the Secretary 
may reallocate all or a portion of its allocation to the 
State in which that agency is located. 
SEC. 224. STATE USE OF FUNDS. 
(a) RESERVATION.—Each State that receives a grant 
under this part may reserve not more than one percent 
of the State’s allocation under section 223(b) for the pur-
pose of administering the grant, except that no State may 
reserve more than $750,000 for this purpose. 
(b) FUNDS TO LOCAL EDUCATIONAL AGENCIES.— 
(1) FORMULA
SUBGRANTS.—From the grant 
funds that are not reserved under subsection (a), a 
State shall allocate at least 50 percent to local edu-
cational agencies, including charter schools that are 
local educational agencies, that did not receive funds 
under section 223(b)(1) from the Secretary, in ac-
cordance with their respective allocations under part 
A of title I of the ESEA for fiscal year 2013, except 
that no such local educational agency shall receive 
less than $10,000. 
(2) ADDITIONAL SUBGRANTS.—The State shall 
use any funds remaining, after reserving funds 
under subsection (a) and allocating funds under 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
paragraph (1), for subgrants to local educational 
agencies that did not receive funds under section 
223(b)(1), including charter schools that are local 
educational agencies, to support modernization, ren-
ovation, and repair projects that the State deter-
mines, using objective criteria, are most needed in 
the State, with priority given to projects in rural 
local educational agencies. 
(c) REMAINING FUNDS.—If a local educational agen-
cy does not apply for an allocation under subsection 
(b)(1), applies for less than its full allocation, or fails to 
use that allocation in a timely manner, the State may re-
allocate any unused portion to other local educational 
agencies in accordance with subsection (b). 
SEC. 225. STATE AND LOCAL APPLICATIONS. 
(a) STATE APPLICATION.—A State that desires to re-
ceive a grant under this part shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, which shall include— 
(1) an identification of the State agency or enti-
ty that will administer the program under this part; 
and 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(2) the State’s process for determining how the 
grant funds will be distributed and administered, in-
cluding— 
(A) how the State will determine the cri-
teria and priorities in making subgrants under 
section 224(b)(2); 
(B) any additional criteria the State will 
use in determining which projects it will fund 
under that section; 
(C) a description of how the State will con-
sider— 
(i) the needs of local educational 
agencies for assistance under this part; 
(ii) the impact of potential projects on 
job creation in the State; 
(iii) the fiscal capacity of local edu-
cational agencies applying for assistance; 
(iv) the percentage of children in 
those local educational agencies who are 
from low-income families; and 
(v) the potential for leveraging assist-
ance provided by the program under this 
part through matching or other financing 
mechanisms; 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(D) a description of how the State will en-
sure that the local educational agencies receiv-
ing subgrants meet the requirements of this 
part; 
(E) a description of how the State will en-
sure that the State and its local educational 
agencies meet the deadlines established in sec-
tion 228; 
(F) a description of how the State will give 
priority to the use of green practices that are 
certified, verified, or consistent with any appli-
cable provisions of— 
(i) the LEED Green Building Rating 
System; 
(ii) Energy Star; 
(iii) the CHPS Criteria; 
(iv) Green Globes; or 
(v) an equivalent program adopted by 
the State or another jurisdiction with au-
thority over the local educational agency; 
(G) a description of the steps that the 
State will take to ensure that local educational 
agencies receiving subgrants under this part 
will adequately maintain any facilities that are 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
modernized, renovated, or repaired with such 
subgrant funds; and 
(H) such additional information and assur-
ances as the Secretary may require. 
(b) LOCAL APPLICATION.—A local educational agen-
cy that is eligible under section 223(b)(1) that desires to 
receive a grant under this part shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, which shall include— 
(1) a description of how the local educational 
agency will meet the deadlines and requirements of 
this part; 
(2) a description of the steps that the local edu-
cational agency will take to adequately maintain any 
facilities that are modernized, renovated, or repaired 
with funds under this part; and 
(3) such additional information and assurances 
as the Secretary may require. 
SEC. 226. USE OF FUNDS. 
(a) IN GENERAL.—Funds awarded to local edu-
cational agencies under this part shall be used only for 
either or both of the following modernization, renovation, 
or repair activities in facilities that are used for elemen-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
tary or secondary education or for early learning pro-
grams: 
(1) Direct payments for school modernization, 
renovation, or repair. 
(2) To pay interest on bonds or payments for 
other financing instruments that are newly issued 
for the purpose of financing school modernization, 
renovation, or repair. 
(b) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this part shall be used to supplement, and 
not supplant, other Federal, State, and local funds that 
would otherwise be expended to modernize, renovate, or 
repair eligible school facilities. 
(c) PROHIBITION.—Funds awarded to local edu-
cational agencies under this part may not be used for— 
(1) new construction; 
(2) payment of routine maintenance costs; or 
(3) modernization, renovation, or repair of sta-
diums or other facilities primarily used for athletic 
contests or exhibitions or other events for which ad-
mission is charged to the general public. 
SEC. 227. PRIVATE SCHOOLS. 
(a) IN GENERAL.—Section 9501 of the ESEA (20 
U.S.C. 7881) shall apply to this part in the same manner 
as it applies to activities under that Act, except that— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) such section 9501 shall not apply with re-
spect to the title to any real property modernized, 
renovated, or repaired with assistance provided 
under this part; 
(2) educational services or other benefits funded 
under this part for private schools shall be provided 
only to private, nonprofit elementary or secondary 
schools with a rate of child poverty of at least 40 
percent and may include only— 
(A) modifications of school facilities nec-
essary to meet the standards applicable to pub-
lic schools under the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.); 
(B) modifications of school facilities nec-
essary to meet the standards applicable to pub-
lic schools under section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794); and 
(C) asbestos or polychlorinated biphenyls 
abatement or removal from school facilities; and 
(3) expenditures for services provided using 
funds made available under section 226 shall be con-
sidered equal for purposes of section 9501(a)(4) of 
the ESEA if the per-pupil expenditures for services 
described in paragraph (2) for students enrolled in 
private, nonprofit elementary and secondary schools 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
that have child-poverty rates of at least 40 percent 
are consistent with the per-pupil expenditures under 
this part for children enrolled in the public schools 
of the local educational agency receiving funds under 
this part. 
(b) REMAINING FUNDS.—If the expenditure for serv-
ices described in subsection (a)(2) is less than the amount 
calculated under subsection (a)(3) because of insufficient 
need for those services, the remainder shall be available 
to the local educational agency for modernization, renova-
tion, or repair of its school facilities. 
(c) APPLICATION.—If any provision of this section, 
or the application thereof, to any person or circumstance 
is judicially determined to be invalid, the remainder of the 
section and the application to other persons or cir-
cumstances shall not be affected thereby. 
SEC. 228. ADDITIONAL PROVISIONS. 
(a) 24-MONTH PERIOD OF AVAILABILITY.—Funds 
appropriated under section 222 shall be available for obli-
gation by local educational agencies receiving grants from 
the Secretary under section 223(b)(1), by States reserving 
funds under section 224(a), and by local educational agen-
cies receiving subgrants under section 224(b)(1) only dur-
ing the period that ends 24 months after the date of enact-
ment of this Act. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(b) 36-MONTH PERIOD OF AVAILABILITY.—Funds 
appropriated under section 222 shall be available for obli-
gation by local educational agencies receiving subgrants 
under section 224(b)(2) only during the period that ends 
36 months after the date of enactment of this Act. 
(c) APPLICABILITY OF GEPA.—Section 439 of the 
General Education Provisions Act (20 U.S.C. 1232b) shall 
apply to funds available under this part. 
(d) LIMITATION.—For purposes of section 223(b)(1), 
Hawaii, the District of Columbia, and the Commonwealth 
of Puerto Rico are not local educational agencies. 
PART II—COMMUNITY COLLEGE 
MODERNIZATION 
SEC. 229. FEDERAL ASSISTANCE FOR COMMUNITY COL-
LEGE MODERNIZATION. 
(a) IN GENERAL.— 
(1) GRANT
PROGRAM.—From the amounts 
made available under subsection (h), the Secretary 
shall award grants to States to modernize, renovate, 
or repair existing facilities at community colleges. 
(2) ALLOCATION.— 
(A) RESERVATIONS.—Of the amount made 
available to carry out this section, the Secretary 
shall reserve— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(i) up to 0.25 percent for grants to in-
stitutions that are eligible under section 
316 of the Higher Education Act of 1965 
(20 U.S.C. 1059c) to provide for mod-
ernization, renovation, and repair activities 
described in this section; and 
(ii) up to 0.25 percent for grants to 
the outlying areas to provide for mod-
ernization, renovation, and repair activities 
described in this section. 
(B) ALLOCATION.—After reserving funds 
under subparagraph (A), the Secretary shall al-
locate to each State that has an application ap-
proved by the Secretary an amount that bears 
the same relation to any remaining funds as the 
total number of students in such State who are 
enrolled in institutions described in section 
230(b)(1)(A) plus the number of students who 
are estimated to be enrolled in and pursuing a 
degree or certificate that is not a bachelor’s, 
master’s, professional, or other advanced degree 
in 
institutions 
described 
in 
section 
230(b)(1)(B), based on the proportion of de-
grees or certificates awarded by such institu-
tions that are not bachelor’s, master’s, profes-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
sional, or other advanced degrees, as reported 
to the Integrated Postsecondary Data System 
bears to the estimated total number of such 
students in all States, except that no State shall 
receive less than $2,500,000. 
(C) REALLOCATION.—Amounts not allo-
cated under this section to a State because the 
State either did not submit an application 
under subsection (b), the State submitted an 
application that the Secretary determined did 
not meet the requirements of such subsection, 
or the State cannot demonstrate to the Sec-
retary a sufficient demand for projects to war-
rant the full allocation of the funds, shall be 
proportionately reallocated under this para-
graph to the other States that have a dem-
onstrated need for, and are receiving, alloca-
tions under this section. 
(D) STATE
ADMINISTRATION.—A State 
that receives a grant under this section may use 
not more than one percent of that grant to ad-
minister it, except that no State may use more 
than $750,000 of its grant for this purpose. 
(3) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under this section shall be used to 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
supplement, and not supplant, other Federal, State, 
and local funds that would otherwise be expended to 
modernize, renovate, or repair existing community 
college facilities. 
(b) APPLICATION.—A State that desires to receive a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information and assurances as the Secretary may re-
quire. Such application shall include a description of— 
(1) how the funds provided under this section 
will improve instruction at community colleges in the 
State and will improve the ability of those colleges 
to educate and train students to meet the workforce 
needs of employers in the State; 
(2) the projected start of each project and the 
estimated number of persons to be employed in the 
project; and 
(3) the cost of each project and the total 
amount of funds requested for each project and for 
all projects. 
(c) PROHIBITED USES OF FUNDS.— 
(1) IN
GENERAL.—No funds awarded under 
this section may be used for— 
(A) payment of routine maintenance costs; 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(B) construction, modernization, renova-
tion, or repair of stadiums or other facilities 
primarily used for athletic contests or exhibi-
tions or other events for which admission is 
charged to the general public; or 
(C) construction, modernization, renova-
tion, or repair of facilities— 
(i) used for sectarian instruction, reli-
gious worship, or a school or department 
of divinity; or 
(ii) in which a substantial portion of 
the functions of the facilities are subsumed 
in a religious mission. 
(2) 
FOUR-YEAR
INSTITUTIONS.—No 
funds 
awarded to a four-year public institution of higher 
education under this section may be used for any fa-
cility, service, or program of the institution that is 
not available to students who are pursuing a degree 
or certificate that is not a bachelor’s, master’s, pro-
fessional, or other advanced degree. 
(d) GREEN PROJECTS.—In providing assistance to 
community college projects under this section, the State 
shall consider the extent to which a community college’s 
project involves activities that are certified, verified, or 
consistent with the applicable provisions of— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) the LEED Green Building Rating System; 
(2) Energy Star; 
(3) the CHPS Criteria, as applicable; 
(4) Green Globes; or 
(5) an equivalent program adopted by the State 
or the State higher education agency that includes 
a verifiable method to demonstrate compliance with 
such program. 
(e) APPLICATION OF GEPA.—Section 439 of the 
General Education Provisions Act (20 U.S.C. 1232b) shall 
apply to funds available under this section. 
(f) REPORTS BY THE STATES.—Each State that re-
ceives a grant under this section shall, not later than Sep-
tember 30, 2014, and annually thereafter for each fiscal 
year in which the State expends funds received under this 
section, submit to the Secretary a report that includes— 
(1) a description of the projects for which the 
grant was, or will be, used; 
(2) a description of the amount and nature of 
the assistance provided to each community college 
under this section; and 
(3) the number of jobs created by the projects 
funded under this section. 
(g) REPORT BY THE SECRETARY.—The Secretary 
shall submit to the authorizing committees (as defined in 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
section 103 of the Higher Education Act of 1965; 20 
U.S.C. 1003) an annual report on the grants made under 
this section, including the information described in sub-
section (f). 
(h) AVAILABILITY OF FUNDS.— 
(1) There are authorized to be appropriated, 
and there are appropriated, to carry out this section 
(in addition to any other amounts appropriated to 
carry out this section and out of any money in the 
Treasury 
not 
otherwise 
appropriated), 
$5,000,000,000 for fiscal year 2014. 
(2) Funds appropriated under this subsection 
shall be available for obligation by community col-
leges only during the period that ends 36 months 
after the date of enactment of this Act. 
PART III—DEFINITIONS 
SEC. 230. DEFINITIONS. 
(a) ESEA TERMS.—Except as otherwise provided, in 
this subtitle, the terms ‘‘local educational agency’’, ‘‘Sec-
retary’’, and ‘‘State educational agency’’ have the mean-
ings given those terms in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801). 
(b) ADDITIONAL DEFINITIONS.—The following defi-
nitions apply to this title: 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’ means— 
(A) a junior or community college, as that 
term is defined in section 312(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1058(f)); or 
(B) an institution of higher education (as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) that awards a 
significant number of degrees and certificates, 
as determined by the Secretary, that are not— 
(i) bachelor’s degrees (or an equiva-
lent); or 
(ii) master’s, professional, or other 
advanced degrees. 
(2) CHPS CRITERIA.—The term ‘‘CHPS Cri-
teria’’ means the green building rating program de-
veloped by the Collaborative for High Performance 
Schools. 
(3) ENERGY STAR.—The term ‘‘Energy Star’’ 
means the Energy Star program of the United 
States Department of Energy and the United States 
Environmental Protection Agency. 
(4) 
GREEN
GLOBES.—The 
term 
‘‘Green 
Globes’’ means the Green Building Initiative envi-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
ronmental design and rating system referred to as 
Green Globes. 
(5) LEED GREEN BUILDING RATING SYSTEM.— 
The term ‘‘LEED Green Building Rating System’’ 
means the United States Green Building Council 
Leadership in Energy and Environmental Design 
green building rating standard referred to as the 
LEED Green Building Rating System. 
(6) MODERNIZATION, RENOVATION, AND
RE-
PAIR.—The term ‘‘modernization, renovation, and 
repair’’ means— 
(A) comprehensive assessments of facili-
ties, including indoor air-quality assessments, to 
identify— 
(i) facility conditions or deficiencies 
that could adversely affect student and 
staff health, safety, performance, or pro-
ductivity or energy, water, or materials ef-
ficiency; and 
(ii) needed facility improvements; 
(B) repairing, replacing, or installing roofs 
(which may be extensive, intensive, or semi-in-
tensive ‘‘green’’ roofs); electrical wiring; water 
supply and plumbing systems, sewage systems, 
storm water runoff systems, lighting systems 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(or components of such systems); or building 
envelope, windows, ceilings, flooring, or doors, 
including security doors; 
(C) repairing, replacing, or installing heat-
ing, ventilation, or air conditioning systems, or 
components of those systems (including insula-
tion) to improve energy efficiency; 
(D) compliance with fire, health, seismic, 
and safety codes, including professional installa-
tion of fire and life safety alarms, and mod-
ernizations, renovations, and repairs that en-
sure that facilities are prepared for such emer-
gencies as acts of terrorism, campus violence, 
and natural disasters, such as improving build-
ing infrastructure to accommodate security 
measures and installing or upgrading tech-
nology to ensure that a school or incident is 
able to respond to such emergencies; 
(E) making modifications necessary to 
make educational facilities accessible in compli-
ance with the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.) and section 
504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794), except that such modifications 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
shall not be the primary use of a grant or 
subgrant; 
(F) abatement, removal, or interim con-
trols of asbestos, polychlorinated biphenyls, 
mold, mildew, or lead-based hazards, including 
lead-based paint hazards; 
(G) retrofitting necessary to increase en-
ergy efficiency; 
(H) measures, such as selection and sub-
stitution of products and materials, and imple-
mentation of improved maintenance and oper-
ational procedures, such as ‘‘green cleaning’’ 
programs, to reduce or eliminate potential stu-
dent or staff exposure to— 
(i) volatile organic compounds; 
(ii) particles such as dust and pollens; 
or 
(iii) combustion gases; 
(I) modernization, renovation, or repair 
necessary to reduce the consumption of coal, 
electricity, land, natural gas, oil, or water; 
(J) installation or upgrading of educational 
technology infrastructure; 
(K) installation or upgrading of renewable 
energy generation and heating systems, includ-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
ing solar, photovoltaic, wind, biomass (including 
wood pellet and woody biomass), waste-to-en-
ergy, solar-thermal, and geothermal systems, 
and energy audits; 
(L) modernization, renovation, or repair 
activities related to energy efficiency and renew-
able energy, and improvements to building in-
frastructures to accommodate bicycle and pe-
destrian access; 
(M) ground improvements, storm water 
management, landscaping, and environmental 
clean-up when necessary; 
(N) other modernization, renovation, or re-
pair to— 
(i) improve teachers’ ability to teach 
and students’ ability to learn; 
(ii) ensure the health and safety of 
students and staff; or 
(iii) improve classroom, laboratory, 
and vocational facilities in order to en-
hance the quality of science, technology, 
engineering, and mathematics instruction; 
and 
(O) required environmental remediation re-
lated to facilities modernization, renovation, or 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
repair activities described in subparagraphs (A) 
through (N). 
(7) OUTLYING
AREA.—The term ‘‘outlying 
area’’ means the U.S. Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the Northern 
Mariana Islands, and the Republic of Palau. 
(8) STATE.—The term ‘‘State’’ means each of 
the 50 States of the United States, the Common-
wealth of Puerto Rico, and the District of Columbia. 
Subtitle D—Immediate Transpor-
tation 
Infrastructure 
Invest-
ments 
SEC. 241. IMMEDIATE TRANSPORTATION INFRASTRUCTURE 
INVESTMENTS. 
(a) GRANTS-IN-AID FOR AIRPORTS.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $2,000,000,000 to 
carry out airport improvement under subchapter I of 
chapter 471 and subchapter I of chapter 475 of title 
49, United States Code. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The Federal share payable of the costs for 
which a grant is made under this subsection, shall 
be 100 percent. The amount made available under 
this subsection shall not be subject to any limitation 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
on obligations for the Grants-In-Aid for Airports 
program set forth in any Act or in title 49, United 
States Code. 
(3) DISTRIBUTION OF FUNDS.—Funds provided 
to the Secretary under this subsection shall not be 
subject to apportionment formulas, special appor-
tionment categories, or minimum percentages under 
chapter 471 of such title. 
(4) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(5) ADMINISTRATIVE EXPENSES.—Of the funds 
made available under this subsection, 0.3 percent 
shall be available to the Secretary for administrative 
expenses, shall remain available for obligation until 
September 30, 2015, and may be used in conjunc-
tion with funds otherwise provided for the adminis-
tration of the Grants-In-Aid for Airports program. 
(b) NEXT GENERATION AIR TRAFFIC CONTROL AD-
VANCEMENTS.— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $1,000,000,000 for 
necessary Federal Aviation Administration capital, 
research, and operating costs to carry out Next Gen-
eration air traffic control system advancements. 
(2) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. 
(c) HIGHWAY INFRASTRUCTURE INVESTMENT.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $27,000,000,000 
for restoration, repair, construction and other activi-
ties eligible under section 133(b) of title 23, United 
States Code, and for passenger and freight rail 
transportation and port infrastructure projects eligi-
ble for assistance under section 601(a)(8) of title 23. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The Federal share payable on account of 
any project or activity carried out with funds made 
available under this subsection shall be, at the op-
tion of the recipient, up to 100 percent of the total 
cost thereof. The amount made available under this 
subsection shall not be subject to any limitation on 
obligations for Federal-aid highways and highway 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
safety construction programs set forth in any Act or 
in title 23, United States Code. 
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(4) DISTRIBUTION OF FUNDS.—Of the funds 
provided in this subsection, after making the set- 
asides required by paragraphs (9), (10), (11), (12), 
and (15), 50 percent of the funds shall be appor-
tioned to States using the formula set forth in sec-
tion 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 fis-
cal year 2010 was distributed among the States in 
accordance with the formula specified in section 
120(a)(6) of division A of Public Law 111–117. 
(5) APPORTIONMENT.—Apportionments under 
paragraph (4) shall be made not later than 30 days 
after the date of the enactment of this Act. 
(6) REDISTRIBUTION.— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(A) The Secretary shall, 180 days fol-
lowing the date of apportionment, withdraw 
from each State an amount equal to 50 percent 
of the funds apportioned under paragraph (4) 
to that State (excluding funds suballocated 
within the State) less the amount of funding 
obligated (excluding funds suballocated within 
the State), and the Secretary shall redistribute 
such amounts to other States that have had no 
funds withdrawn under this subparagraph in 
the manner described in section 120(c) of divi-
sion A of Public Law 111–117. 
(B) One year following the date of appor-
tionment, the Secretary shall withdraw from 
each recipient of funds apportioned under para-
graph (4) any unobligated funds, and the Sec-
retary shall redistribute such amounts to States 
that have had no funds withdrawn under this 
paragraph (excluding funds suballocated within 
the State) in the manner described in section 
120(c) of division A of Public Law 111–117. 
(C) At the request of a State, the Sec-
retary may provide an extension of the one-year 
period only to the extent that the Secretary de-
termines that the State has encountered ex-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
treme conditions that create an unworkable bid-
ding environment or other extenuating cir-
cumstances. Before granting an extension, the 
Secretary notify in writing the Committee on 
Transportation and Infrastructure and the 
Committee on Environment and Public Works, 
providing a thorough justification for the exten-
sion. 
(7) TRANSPORTATION ENHANCEMENTS.—Three 
percent of the funds apportioned to a State under 
paragraph (4) shall be set aside for the purposes de-
scribed in section 133(d)(2) of title 23, United 
States Code (without regard to the comparison to 
fiscal year 2005). 
(8) SUBALLOCATION.—Thirty percent of the 
funds apportioned to a State under this subsection 
shall be suballocated within the State in the manner 
and for the purposes described in the first sentence 
of 
sections 
133(d)(3)(A), 
133(d)(3)(B), 
and 
133(d)(3)(D) of title 23, United States Code. Such 
suballocation shall be conducted in every State. 
Funds suballocated within a State to urbanized 
areas and other areas shall not be subject to the re-
distribution of amounts required 180 days following 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
the date of apportionment of funds provided by 
paragraph (6)(A). 
(9) PUERTO RICO AND TERRITORIAL HIGHWAY 
PROGRAMS.—Of the funds provided under this sub-
section, $105,000,000 shall be set aside for the 
Puerto Rico highway program authorized under sec-
tion 165 of title 23, United States Code, and 
$45,000,000 shall be for the territorial highway pro-
gram authorized under section 215 of title 23, 
United States Code. 
(10) FEDERAL LANDS AND INDIAN RESERVA-
TIONS.—Of the funds provided under this sub-
section, $550,000,000 shall be set aside for invest-
ments in transportation at Indian reservations and 
Federal lands in accordance with the following:. 
(A) Of the funds set aside by this para-
graph, $310,000,000 shall be for the Indian 
Reservation 
Roads 
program, 
$170,000,000 
shall be for the Park Roads and Parkways pro-
gram, $60,000,000 shall be for the Forest 
Highway Program, and $10,000,000 shall be 
for the Refuge Roads program. 
(B) For investments at Indian reservations 
and Federal lands, priority shall be given to 
capital investments, and to projects and activi-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
ties that can be completed within 2 years of en-
actment of this Act. 
(C) One year following the enactment of 
this Act, to ensure the prompt use of the fund-
ing provided for investments at Indian reserva-
tions and Federal lands, the Secretary shall 
have the authority to redistribute unobligated 
funds within the respective program for which 
the funds were appropriated. 
(D) Up to four percent of the funding pro-
vided for Indian Reservation Roads may be 
used by the Secretary of the Interior for pro-
gram management and oversight and project-re-
lated administrative expenses. 
(E) Section 134(f)(3)(C)(ii)(II) of title 23, 
United States Code, shall not apply to funds set 
aside by this paragraph. 
(11) JOB
TRAINING.—Of the funds provided 
under this subsection, $50,000,000 shall be set aside 
for the development and administration of transpor-
tation training programs under section 140(b) title 
23, United States Code. 
(A) Funds set aside under this subsection 
shall be competitively awarded and used for the 
purpose of providing training, apprenticeship 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(including Registered Apprenticeship), skill de-
velopment, and skill improvement programs, as 
well as summer transportation institutes and 
may be transferred to, or administered in part-
nership with, the Secretary of Labor and shall 
demonstrate to the Secretary of Transportation 
program outcomes, including— 
(i) impact on areas with transpor-
tation workforce shortages; 
(ii) diversity of training participants; 
(iii) number of participants obtaining 
certifications or credentials required for 
specific types of employment; 
(iv) employment outcome metrics, 
such as job placement and job retention 
rates, established in consultation with the 
Secretary of Labor and consistent with 
metrics used by programs under the Work-
force Investment Act; 
(v) to the extent practical, evidence 
that the program did not preclude workers 
that participate in training or apprentice-
ship activities under the program from 
being referred to, or hired on, projects 
funded under this chapter; and 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(vi) identification of areas of collabo-
ration with the Department of Labor pro-
grams, including co-enrollment. 
(B) To be eligible to receive a competitively 
awarded grant under this subsection, a State 
must certify that at least 0.1 percent of the 
amounts apportioned under the Surface Trans-
portation Program and Bridge Program will be 
obligated in the first fiscal year after enactment 
of this act for job training activities consistent 
with section 140(b) of title 23, United States 
Code. 
(12) 
DISADVANTAGED
BUSINESS
ENTER-
PRISES.—Of the funds provided under this sub-
section, $10,000,000 shall be set aside for training 
programs and assistance programs under section 
140(c) of title 23, United States Code. Funds set 
aside under this paragraph should be allocated to 
businesses that have proven success in adding staff 
while effectively completing projects. 
(13) STATE
PLANNING
AND
OVERSIGHT
EX-
PENSES.—Of amounts apportioned under paragraph 
(4) of this subsection, a State may use up to 0.5 
percent for activities related to projects funded 
under this subsection, including activities eligible 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
under sections 134 and 135 of title 23, United 
States Code, State administration of subgrants, and 
State oversight of subrecipients. 
(14) CONDITIONS.— 
(A) Funds made available under this sub-
section 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 accord-
ance with chapter 2 of title 23, United States 
Code, and except for funds made available for 
disadvantaged business enterprises bonding as-
sistance, which shall be administered in accord-
ance with chapter 3 of title 49, United States 
Code. 
(B) Funds made available under this sub-
section shall not be obligated for the purposes 
authorized under section 115(b) of title 23, 
United States Code. 
(C) Funding provided under this sub-
section shall be in addition to any and all funds 
provided for fiscal years 2011 and 2012 in any 
other Act for ‘‘Federal-aid Highways’’ and shall 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
not affect the distribution of funds provided for 
‘‘Federal-aid Highways’’ in any other Act. 
(D) Section 1101(b) of Public Law 109–59 
shall apply to funds apportioned under this sub-
section. 
(15) OVERSIGHT.—The Administrator of the 
Federal Highway Administration may set aside up 
to 0.15 percent of the funds provided under this 
subsection to fund the oversight by the Adminis-
trator of projects and activities carried out with 
funds made available to the Federal Highway Ad-
ministration in this Act, and such funds shall be 
available through September 30, 2015. 
(d) CAPITAL ASSISTANCE FOR HIGH-SPEED RAIL 
CORRIDORS
AND INTERCITY PASSENGER RAIL SERV-
ICE.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $4,000,000,000 for 
grants for high-speed rail projects as authorized 
under sections 26104 and 26106 of title 49, United 
States Code, capital investment grants to support 
intercity passenger rail service as authorized under 
section 24406 of title 49, United States Code, and 
congestion grants as authorized under section 24105 
of title 49, United States Code, and to enter into co-
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
operative agreements for these purposes as author-
ized, except that the Administrator of the Federal 
Railroad Administration may retain up to one per-
cent of the funds provided under this heading to 
fund the award and oversight by the Administrator 
of grants made under this subsection, which retained 
amount shall remain available for obligation until 
September 30, 2015. 
(2) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(3) FEDERAL SHARE.—The Federal share pay-
able of the costs for which a grant or cooperative 
agreements is made under this subsection shall be, 
at the option of the recipient, up to 100 percent. 
(4) INTERIM GUIDANCE.—The Secretary shall 
issue interim guidance to applicants covering appli-
cation procedures and administer the grants pro-
vided under this subsection pursuant to that guid-
ance until final regulations are issued. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(5) INTERCITY PASSENGER RAIL CORRIDORS.— 
Not less than 85 percent of the funds provided 
under this subsection shall be for cooperative agree-
ments that lead to the development of entire seg-
ments or phases of intercity or high-speed rail cor-
ridors. 
(6) CONDITIONS.— 
(A) In addition to the provisions of title 
49, United States Code, that apply to each of 
the individual programs funded under this sub-
section, subsections 24402(a)(2), 24402(i), and 
24403(a) and (c) of title 49, United States 
Code, shall also apply to the provision of funds 
provided under this subsection. 
(B) A project need not be in a State rail 
plan developed under Chapter 227 of title 49, 
United States Code, to be eligible for assistance 
under this subsection. 
(C) Recipients of grants under this para-
graph shall conduct all procurement trans-
actions using such grant funds in a manner 
that provides full and open competition, as de-
termined by the Secretary, in compliance with 
existing labor agreements. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(e) CAPITAL GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION.— 
(1) IN
GENERAL.—There is made available 
$2,000,000,000 to enable the Secretary of Transpor-
tation to make capital grants to the National Rail-
road Passenger Corporation (Amtrak), as authorized 
by section 101(c) of the Passenger Rail Investment 
and Improvement Act of 2008 (Public Law 110– 
432). 
(2) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(3) PROJECT PRIORITY.—The priority for the 
use of funds shall be given to projects for the repair, 
rehabilitation, or upgrade of railroad assets or infra-
structure, and for capital projects that expand pas-
senger rail capacity including the rehabilitation of 
rolling stock. 
(4) CONDITIONS.— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(A) None of the funds under this sub-
section shall be used to subsidize the operating 
losses of Amtrak. 
(B) The funds provided under this sub-
section shall be awarded not later than 90 days 
after the date of enactment of this Act. 
(C) The Secretary shall take measures to 
ensure that projects funded under this sub-
section shall be completed within 2 years of en-
actment of this Act, and shall serve to supple-
ment and not supplant planned expenditures for 
such activities from other Federal, State, local 
and corporate sources. The Secretary shall cer-
tify to the House and Senate Committees on 
Appropriations in writing compliance with the 
preceding sentence. 
(5) OVERSIGHT.—The Administrator of the 
Federal Railroad Administration may set aside 0.5 
percent of the funds provided under this subsection 
to fund the oversight by the Administrator of 
projects and activities carried out with funds made 
available in this subsection, and such funds shall be 
available through September 30, 2015. 
(f) TRANSIT CAPITAL ASSISTANCE.— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $3,000,000,000 for 
grants for transit capital assistance grants as de-
fined by section 5302(a)(1) of title 49, United 
States Code. Notwithstanding any provision of chap-
ter 53 of title 49, however, a recipient of funding 
under this subsection may use up to 10 percent of 
the amount provided for the operating costs of 
equipment and facilities for use in public transpor-
tation or for other eligible activities. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The applicable requirements of chapter 53 
of title 49, United States Code, shall apply to fund-
ing provided under this subsection, except that the 
Federal share of the costs for which any grant is 
made under this subsection shall be, at the option of 
the recipient, up to 100 percent. The amount made 
available under this subsection shall not be subject 
to any limitation on obligations for transit programs 
set forth in any Act or chapter 53 of title 49. 
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(4) DISTRIBUTION OF FUNDS.—The Secretary 
of Transportation shall— 
(A) provide 80 percent of the funds appro-
priated under this subsection for grants under 
section 5307 of title 49, United States Code, 
and apportion such funds in accordance with 
section 5336 of such title; 
(B) provide 10 percent of the funds appro-
priated under this subsection in accordance 
with section 5340 of such title; and 
(C) provide 10 percent of the funds appro-
priated under this subsection for grants under 
section 5311 of title 49, United States Code, 
and apportion such funds in accordance with 
such section. 
(5) APPORTIONMENT.—The funds apportioned 
under this subsection shall be apportioned not later 
than 21 days after the date of the enactment of this 
Act. 
(6) REDISTRIBUTION.— 
(A) The Secretary shall, 180 days fol-
lowing the date of apportionment, withdraw 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
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, and the Secretary shall re-
distribute such amounts to other urbanized 
areas or States that have had no funds with-
drawn under this proviso utilizing whatever 
method he deems appropriate to ensure that all 
funds redistributed under this proviso shall be 
utilized promptly. 
(B) One year following the date of appor-
tionment, the Secretary shall withdraw from 
each urbanized area or State any unobligated 
funds, 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 the Secretary 
deems appropriate to ensure that all funds re-
distributed under this proviso shall be utilized 
promptly. 
(C) At the request of an urbanized area or 
State, the Secretary of Transportation may pro-
vide an extension of such 1-year period if the 
Secretary determines that the urbanized area or 
State has encountered an unworkable bidding 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
environment 
or 
other 
extenuating 
cir-
cumstances. Before granting an extension, the 
Secretary shall notify in writing the Committee 
on Transportation and Infrastructure and the 
Committee on Banking, Housing and Urban 
Affairs, providing a thorough justification for 
the extension. 
(7) CONDITIONS.— 
(A) 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). 
(B) Section 1101(b) of Public Law 109–59 
shall apply to funds appropriated under this 
subsection. 
(C) The funds appropriated under this 
subsection shall not be comingled with any prior 
year funds. 
(8) OVERSIGHT.—Notwithstanding any other 
provision of law, 0.3 percent of the funds provided 
for grants under section 5307 and section 5340, and 
0.3 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 through September 30, 
2015. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(g) STATE OF GOOD REPAIR.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $6,000,000,000 for 
capital expenditures as authorized by sections 
5309(b)(2) and (3) of title 49, United States Code. 
(2) FEDERAL SHARE.—The applicable require-
ments of chapter 53 of title 49, United States Code, 
shall apply, except that the Federal share of the 
costs for which a grant is made under this sub-
section shall be, at the option of the recipient, up to 
100 percent. 
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(4) DISTRIBUTION OF FUNDS.— 
(A) The Secretary of Transportation shall 
apportion not less than 75 percent of the funds 
under this subsection for the modernization of 
fixed guideway systems, pursuant to the for-
mula set forth in section 5336(b) title 49, 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
United States Code, other than subsection 
(b)(2)(A)(ii). 
(B) Of the funds appropriated under this 
subsection, not less than 25 percent shall be 
available for the restoration or replacement of 
existing public transportation assets related to 
bus systems, pursuant to the formula set forth 
in section 5336 other than subsection (b). 
(5) APPORTIONMENT.—The funds made avail-
able under this subsection shall be apportioned not 
later than 30 days after the date of the enactment 
of this Act. 
(6) REDISTRIBUTION.— 
(A) The Secretary shall, 180 days fol-
lowing the date of apportionment, withdraw 
from each urbanized area an amount equal to 
50 percent of the funds apportioned to such ur-
banized area less the amount of funding obli-
gated, and the Secretary shall redistribute such 
amounts to other urbanized areas that have had 
no funds withdrawn under this paragraph uti-
lizing whatever method the Secretary deems ap-
propriate to ensure that all funds redistributed 
under this paragraph shall be utilized promptly. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(B) One year following the date of appor-
tionment, the Secretary shall withdraw from 
each urbanized area any unobligated funds, and 
the Secretary shall redistribute such amounts to 
other urbanized areas that have had no funds 
withdrawn under this paragraph, utilizing what-
ever method the Secretary deems appropriate to 
ensure that all funds redistributed under this 
paragraph shall be utilized promptly. 
(C) At the request of an urbanized area, 
the Secretary may provide an extension of the 
1-year period if the Secretary finds that the ur-
banized area has encountered an unworkable 
bidding environment or other extenuating cir-
cumstances. Before granting an extension, the 
Secretary shall notify the Committee on Trans-
portation and Infrastructure and the Com-
mittee on Banking, Housing, and Urban Af-
fairs, providing a thorough justification for the 
extension. 
(7) CONDITIONS.— 
(A) The provisions of section 1101(b) of 
Public Law 109–59 shall apply to funds made 
available under this subsection. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(B) The funds appropriated under this 
subsection shall not be commingled with any 
prior year funds. 
(8) OVERSIGHT.—Notwithstanding any other 
provision of law, 0.3 percent of the funds under this 
subsection shall be available for administrative ex-
penses and program management oversight and shall 
remain available for obligation until September 30, 
2015. 
(h) TRANSPORTATION
INFRASTRUCTURE
GRANTS 
AND FINANCING.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $5,000,000,000 for 
capital investments in surface transportation infra-
structure. The Secretary shall distribute funds pro-
vided under this subsection 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. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The Federal share payable of the costs for 
which a grant is made under this subsection, shall 
be 100 percent. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(4) PROJECT ELIGIBILITY.—Projects eligible for 
funding provided under this subsection include— 
(A) 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 replace-
ments, seismic retrofit projects for bridges, and 
road realignments; 
(B) public transportation projects eligible 
under chapter 53 of title 49, United States 
Code, including investments in projects partici-
pating in the New Starts or Small Starts pro-
grams that will expedite the completion of those 
projects and their entry into revenue service; 
(C) passenger and freight rail transpor-
tation projects; and 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(D) port infrastructure investments, in-
cluding projects that connect ports to other 
modes of transportation and improve the effi-
ciency of freight movement. 
(5) TIFIA 
PROGRAM.—The Secretary may 
transfer to the Federal Highway Administration 
funds made available under this subsection 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 subsection. 
(6) PROJECT
PRIORITY.—The Secretary shall 
give priority to projects that are expected to be com-
pleted within 3 years of the date of the enactment 
of this Act. 
(7) DEADLINE FOR ISSUANCE OF COMPETITION 
CRITERIA.—The Secretary shall publish criteria on 
which to base the competition for any grants award-
ed under this subsection not later than 90 days after 
enactment of this Act. The Secretary shall require 
applications for funding provided under this sub-
section to be submitted not later than 180 days after 
the publication of the criteria, and announce all 
projects selected to be funded from such funds not 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
later than 1 year after the date of the enactment of 
the Act. 
(8) APPLICABILITY OF TITLE 40.—Each project 
conducted using funds provided under this sub-
section shall comply with the requirements of sub-
chapter IV of chapter 31 of title 40, United States 
Code. 
(9) ADMINISTRATIVE
EXPENSES.—The Sec-
retary may retain up to one half of one percent of 
the funds provided under this subsection, and may 
transfer portions of those funds to the Administra-
tors of the Federal Highway Administration, the 
Federal Transit Administration, the Federal Rail-
road Administration and the Maritime Administra-
tion, to fund the award and oversight of grants 
made under this subsection. Funds retained shall re-
main available for obligation until September 30, 
2015. 
(i) LOCAL HIRING.— 
(1) IN GENERAL.—In the case of the funding 
made available under subsections (a) through (h) of 
this section, the Secretary of Transportation may es-
tablish standards under which a contract for con-
struction may be advertised that contains require-
ments for the employment of individuals residing in 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
or adjacent to any of the areas in which the work 
is to be performed to perform construction work re-
quired under the contract, provided that— 
(A) all or part of the construction work 
performed under the contract occurs in an area 
designated by the Secretary as an area of high 
unemployment, using data reported by the 
United States Department of Labor, Bureau of 
Labor Statistics; 
(B) the estimated cost of the project of 
which the contract is a part is greater than $10 
million, except that the estimated cost of the 
project in the case of construction funded under 
subsection (c) shall be greater than $50 million; 
and 
(C) the recipient may not require the hir-
ing of individuals who do not have the nec-
essary skills to perform work in any craft or 
trade; provided that the recipient may require 
the hiring of such individuals if the recipient es-
tablishes reasonable provisions to train such in-
dividuals to perform any such work under the 
contract effectively. 
(2) PROJECT STANDARDS.— 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(A) IN GENERAL.—Any standards estab-
lished by the Secretary under this section shall 
ensure that any requirements specified under 
subsection (c)(1)— 
(i) do not compromise the quality of 
the project; 
(ii) are reasonable in scope and appli-
cation; 
(iii) do not unreasonably delay the 
completion of the project; and 
(iv) do not unreasonably increase the 
cost of the project. 
(B) AVAILABLE
PROGRAMS.—The Sec-
retary shall make available to recipients the 
workforce development and training programs 
set forth in section 24604(e)(1)(D) of this title 
to assist recipients who wish to establish train-
ing programs that satisfy the provisions of sec-
tion (c)(1)(C). The Secretary of Labor shall 
make available its qualifying workforce and 
training development programs to recipients 
who wish to establish training programs that 
satisfy the provisions of section (c)(1)(C). 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(3) IMPLEMENTING
REGULATIONS.—The Sec-
retary shall promulgate final regulations to imple-
ment the authority of this subsection. 
(j) ADMINISTRATIVE PROVISIONS.— 
(1) APPLICABILITY OF TITLE 40.—Each project 
conducted using funds provided under this subtitle 
shall comply with the requirements of subchapter IV 
of chapter 31 of title 40, United States Code. 
(2) BUY AMERICAN.—Section 1605 of division 
A of the American Recovery and Reinvestment Act 
of 2009 (Public Law 111–5) applies to each project 
conducted using funds provided under this subtitle. 
Subtitle E—Building and Upgrad-
ing 
Infrastructure 
for 
Long- 
Term Development 
SEC. 242. SHORT TITLE. 
This subtitle may be cited as the ‘‘Building and Up-
grading Infrastructure for Long-Term Development Act’’. 
SEC. 243. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) infrastructure has always been a vital ele-
ment of the economic strength of the United States 
and a key indicator of the international leadership of 
the United States; 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(2) the Erie Canal, the Hoover Dam, the rail-
roads, and the interstate highway system are all tes-
taments to American ingenuity and have helped pro-
pel and maintain the United States as the world’s 
largest economy; 
(3) according to the World Economic Forum’s 
Global Competitiveness Report, the United States 
fell to second place in 2009, and dropped to fourth 
place overall in 2010, however, in the ‘‘Quality of 
overall infrastructure’’ category of the same report, 
the United States ranked twenty-third in the world; 
(4) according to the World Bank’s 2010 Logis-
tic Performance Index, the capacity of countries to 
efficiently move goods and connect manufacturers 
and consumers with international markets is improv-
ing around the world, and the United States now 
ranks seventh in the world in logistics-related infra-
structure behind countries from both Europe and 
Asia; 
(5) according to a January 2009 report from 
the University of Massachusetts/Alliance for Amer-
ican Manufacturing entitled ‘‘Employment, Produc-
tivity and Growth,’’ infrastructure investment is a 
‘‘highly effective engine of job creation’’; 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
(6) according to the American Society of Civil 
Engineers, the current condition of the infrastruc-
ture in the United States earns a grade point aver-
age of D, and an estimated $2,200,000,000,000 in-
vestment is needed over the next 5 years to bring 
American infrastructure up to adequate condition; 
(7) according to the National Surface Trans-
portation Policy and Revenue Study Commission, 
$225,000,000,000 is needed annually from all 
sources for the next 50 years to upgrade the United 
States surface transportation system to a state of 
good repair and create a more advanced system; 
(8) the current infrastructure financing mecha-
nisms of the United States, both on the Federal and 
State level, will fail to meet current and foreseeable 
demands and will create large funding gaps; 
(9) published reports state that there may not 
be enough demand for municipal bonds to maintain 
the same level of borrowing at the same rates, re-
sulting in significantly decreased infrastructure in-
vestment at the State and local level; 
(10) current funding mechanisms are not read-
ily scalable and do not— 
(A) serve large in-State or cross jurisdic-
tion infrastructure projects, projects of regional 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
or national significance, or projects that cross 
sector silos; 
(B) sufficiently catalyze private sector in-
vestment; or 
(C) ensure the optimal return on public re-
sources; 
(11) although grant programs of the United 
States Government must continue to play a central 
role in financing the transportation, environment, 
and energy infrastructure needs of the United 
States, current and foreseeable demands on existing 
Federal, State, and local funding for infrastructure 
expansion clearly exceed the resources to support 
these programs by margins wide enough to prompt 
serious concerns about the United States ability to 
sustain long-term economic development, produc-
tivity, and international competitiveness; 
(12) the capital markets, including pension 
funds, private equity funds, mutual funds, sovereign 
wealth funds, and other investors, have a growing 
interest in infrastructure investment and represent 
hundreds of billions of dollars of potential invest-
ment; and 
(13) the establishment of a United States Gov-
ernment-owned, independent, professionally managed 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
institution that could provide credit support to quali-
fied infrastructure projects of regional and national 
significance, making transparent merit-based invest-
ment decisions based on the commercial viability of 
infrastructure projects, would catalyze the participa-
tion of significant private investment capital. 
(b) PURPOSE.—The purpose of this Act is to facili-
tate investment in, and long-term financing of, economi-
cally viable infrastructure projects of regional or national 
significance in a manner that both complements existing 
Federal, State, local, and private funding sources for these 
projects and introduces a merit-based system for financing 
such projects, in order to mobilize significant private sec-
tor investment, create jobs, and ensure United States com-
petitiveness through an institution that limits the need for 
ongoing Federal funding. 
SEC. 244. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) AIFA.—The term ‘‘AIFA’’ means the 
American Infrastructure Financing Authority estab-
lished under this Act. 
(2) BLIND
TRUST.—The term ‘‘blind trust’’ 
means a trust in which the beneficiary has no knowl-
edge of the specific holdings and no rights over how 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
those holdings are managed by the fiduciary of the 
trust prior to the dissolution of the trust. 
(3) BOARD OF DIRECTORS.—The term ‘‘Board 
of Directors’’ means Board of Directors of AIFA. 
(4) CHAIRPERSON.—The term ‘‘Chairperson’’ 
means the Chairperson of the Board of Directors of 
AIFA. 
(5) CHIEF
EXECUTIVE
OFFICER.—The term 
‘‘chief executive officer’’ means the chief executive 
officer of AIFA, appointed under section 247. 
(6) COST.—The term ‘‘cost’’ has the same 
meaning as in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a). 
(7) DIRECT LOAN.—The term ‘‘direct loan’’ has 
the same meaning as in section 502 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a). 
(8) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an individual, corporation, partnership 
(including a public-private partnership), joint ven-
ture, trust, State, or other non-Federal govern-
mental entity, including a political subdivision or any 
other instrumentality of a State, or a revolving fund. 
(9) INFRASTRUCTURE PROJECT.— 
(A) IN GENERAL.—The term ‘‘eligible in-
frastructure project’’ means any non-Federal 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
transportation, water, or energy infrastructure 
project, or an aggregation of such infrastruc-
ture projects, as provided in this Act. 
(B) TRANSPORTATION
INFRASTRUCTURE 
PROJECT.—The term ‘‘transportation infra-
structure project’’ means the construction, al-
teration, or repair, including the facilitation of 
intermodal transit, of the following subsectors: 
(i) Highway or road. 
(ii) Bridge. 
(iii) Mass transit. 
(iv) Inland waterways. 
(v) Commercial ports. 
(vi) Airports. 
(vii) Air traffic control systems. 
(viii) Passenger rail, including high- 
speed rail. 
(ix) Freight rail systems. 
(C) WATER INFRASTRUCTURE PROJECT.— 
The term ‘‘water infrastructure project’’ means 
the construction, consolidation, alteration, or 
repair of the following subsectors: 
(i) Waterwaste treatment facility. 
(ii) Storm water management system. 
(iii) Dam. 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS
106 
(C) CHIEF
COMPLIANCE
OFFICER.—The 
Chief Compliance Officer shall be responsible 
for all functions of AIFA relating to internal 
audits, accounting safeguards, and the enforce-
ment of such safeguards and other applicable 
requirements. 
(D) GENERAL
COUNSEL.—The General 
Counsel shall be responsible for all functions of 
AIFA relating to legal matters and, in consulta-
tion with the chief executive officer, shall be re-
sponsible for ensuring that AIFA complies with 
all applicable law. 
(E) CHIEF
OPERATIONS
OFFICER.—The 
Chief Operations Officer shall be responsible for 
all operational functions of AIFA, including 
those relating to the continuing operations and 
performance of all infrastructure projects in 
which AIFA retains an interest and for all 
AIFA functions related to human resources. 
(F) CHIEF LENDING OFFICER.—The Chief 
Lending Officer shall be responsible for— 
(i) all functions of AIFA relating to 
the development of project pipeline, finan-
cial structuring of projects, selection of in-
frastructure projects to be reviewed by the 
VerDate Mar 15 2010 
02:19 Jul 30, 2013
Jkt 029200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2821.IH
H2821
pwalker on DSK7TPTVN1PROD with BILLS