I 
111TH CONGRESS 
2D SESSION 
H. R. 5935 
Making supplemental appropriations for investments in transportation 
infrastructure, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2010 
Mr. MICHAUD introduced the following bill; which was referred to the 
Committee on Appropriations 
A BILL 
Making supplemental appropriations for investments in 
transportation infrastructure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Building and Upgrad-
ing Infrastructure for Long-term Development Act of 
2010’’ or the ‘‘BUILD Act of 2010’’. 
SEC. 2. SUPPLEMENTAL APPROPRIATIONS. 
The following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
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receive under each program, priority for funds appro-
priated herein shall be given to projects on a State priority 
list that are ready to proceed to construction within 12 
months of the date of enactment of this Act: Provided fur-
ther, That notwithstanding the requirements of section 
603(d) of the Federal Water Pollution Control Act or sec-
tion 1452(f) of the Safe Drinking Water Act, for the funds 
appropriated herein, each State shall use not less than 50 
percent of the amount of its capitalization grants to pro-
vide additional subsidization to eligible recipients in the 
form of forgiveness of principal, negative interest loans or 
grants or any combination of these: Provided further, 
That, to the extent there are sufficient eligible project ap-
plications, not less than 20 percent of the funds appro-
priated herein for the Revolving Funds shall be for 
projects to address green infrastructure, water or energy 
efficiency improvements or other environmentally innova-
tive activities: Provided further, That notwithstanding the 
limitation on amounts specified in section 518(c) of the 
Federal Water Pollution Control Act, up to 2.0 percent 
of the funds appropriated herein for the Clean Water 
State Revolving Funds may be reserved by the Adminis-
trator for tribal grants under section 518(c) of such Act: 
Provided further, That up to 4 percent of the funds appro-
priated herein for tribal set-asides under the Revolving 
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Funds may be transferred to the Indian Health Service 
to support management and oversight of tribal projects: 
Provided further, That none of the funds appropriated 
herein shall be available for the purchase of land or ease-
ments as authorized by section 603(c) of the Federal 
Water Pollution Control Act or for activities authorized 
by section 1452(k) of the Safe Drinking Water Act: Pro-
vided further, That notwithstanding section 603(d)(2) of 
the Federal Water Pollution Control Act and section 
1452(f)(2) of the Safe Drinking Water Act, funds may 
be used to buy, refinance, or restructure the debt obliga-
tions of eligible recipients only where such debt was in-
curred on or after October 1, 2009: Provided further, That 
section 1606 of title XVI of Public Law 111–5 shall apply 
to the use of the funds provided under this heading. 
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY INFRASTRUCTURE INVESTMENT 
For an additional amount for ‘‘Highway Infrastruc-
ture Investment’’ for restoration, repair, construction and 
other activities eligible under paragraph (b) of section 133 
of title 23, United States Code, and for passenger and 
freight rail transportation and port infrastructure projects 
eligible for assistance under subsection 601(a)(8) of such 
title, $47,300,000,000, to remain available for the 21- 
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month period beginning on the date of enactment of this 
Act: Provided, That, after making the set-asides required 
under this heading, 50 percent of the funds made available 
under this heading shall be apportioned to States using 
the formula set forth in section 104(b)(3) of title 23, 
United States Code, and the remaining funds shall be ap-
portioned to States in the same ratio as the obligation lim-
itation for fiscal year 2010 was distributed among the 
States in accordance with the formula specified in section 
120(a)(6) of title I of division A of Public Law 111–117: 
Provided further, That funds made available under this 
heading shall be apportioned not later than 21 days after 
the date of enactment of this Act: Provided further, That 
in selecting projects to be carried out with funds appor-
tioned under this heading, priority shall be given to 
projects that are projected for completion within a 3-year 
time frame, and are located in economically distressed 
areas as defined by section 301 of the Public Works and 
Economic Development Act of 1965, as amended (42 
U.S.C. 3161): Provided further, That in selecting projects 
to be carried out with funds apportioned under this head-
ing, States shall ensure an equitable geographic distribu-
tion of funds and an appropriate balance in addressing 
the needs of urban and rural communities in the State: 
Provided further, That 120 days following the date of such 
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apportionment, the Secretary of Transportation shall 
withdraw from each State an amount equal to 50 percent 
of the funds awarded to that State less the amount of 
funding obligated, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other States 
that have had no funds withdrawn under this proviso in 
the manner described in section 120(c) of division K of 
Public Law 110–161: Provided further, That 1 year fol-
lowing the date of such apportionment, the Secretary shall 
withdraw from each recipient of funds apportioned under 
this heading any funds that are not under contract, as 
determined by the Secretary, and the Secretary shall re-
distribute such amounts to States that have had no funds 
withdrawn under this proviso in the manner described in 
section 120(c) of title I of division A of Public Law 111– 
117: Provided further, That at the request of a State, the 
Secretary of Transportation may provide an extension of 
such 1-year period only to the extent that he feels satisfied 
that the State has encountered extreme conditions that 
create an unworkable bidding environment or other ex-
tenuating circumstances: Provided further, That before 
granting such an extension, the Secretary shall send a let-
ter to the House and Senate Committees on Appropria-
tions that provides a thorough justification for the exten-
sion: Provided further, That 3 percent of the funds appor-
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tioned to a State under this heading shall be set aside 
for the purposes described in subsection 133(d)(2) of title 
23, United States Code (without regard to the comparison 
to fiscal year 2005): Provided further, That 30 percent of 
the funds apportioned to a State under this heading shall 
be suballocated within the State in the manner and for 
the purposes described in the first sentence of subsection 
133(d)(3)(A), in subsection 133(d)(3)(B), and in sub-
section 133(d)(3)(D): Provided further, That such sub-
allocation shall be conducted in every State: Provided fur-
ther, That of the funds provided under this heading, 
$105,000,000 shall be for the Puerto Rico highway pro-
gram authorized under section 165 of title 23, United 
States Code, and $45,000,000 shall be for the territorial 
highway program authorized under section 215 of title 23, 
United States Code: Provided further, That of the funds 
provided under this heading, $60,000,000 shall be for cap-
ital expenditures eligible under section 147 of title 23, 
United States Code (without regard to subsection (d)): 
Provided further, That of the funds provided under this 
heading, $550,000,000 shall be for investments in trans-
portation at Indian reservations and Federal lands: Pro-
vided further, That of the funds identified in the preceding 
proviso, $310,000,000 shall be for the Indian Reservation 
Roads program, $170,000,000 shall be for the Park Roads 
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and Parkways program, $60,000,000 shall be for the For-
est Highway Program, and $10,000,000 shall be for the 
Refuge Roads program: Provided further, That for invest-
ments at Indian reservations and Federal lands, priority 
shall be given to capital investments, and to projects and 
activities that can be completed within 2 years of enact-
ment of this Act: Provided further, That 1 year following 
the enactment of this Act, to ensure the prompt use of 
the $550,000,000 provided for investments at Indian res-
ervations and Federal lands, the Secretary shall have the 
authority to redistribute unobligated funds within the re-
spective program for which the funds were appropriated: 
Provided further, That up to 4 percent of the funding pro-
vided for Indian Reservation Roads may be used by the 
Secretary of the Interior for program management and 
oversight and project-related administrative expenses: Pro-
vided further, That section 134(f)(3)(C)(ii)(II) of title 23, 
United States Code, shall not apply to funds provided 
under this heading: Provided further, That of the funds 
made available under this heading, $20,000,000 shall be 
for highway surface transportation and technology train-
ing under section 140(b) of title 23, United States Code, 
and $20,000,000, to remain available until expended, shall 
be for disadvantaged business enterprises bonding assist-
ance under section 332(e) of title 49, United States Code: 
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Provided further, That funds made available under this 
heading shall be administered as if apportioned under 
chapter 1 of title 23, United States Code, except for funds 
made available for investments in transportation at Indian 
reservations and Federal lands, and for the territorial 
highway program, which shall be administered in accord-
ance with chapter 2 of title 23, United States Code, and 
except for funds made available for disadvantaged busi-
ness enterprises bonding assistance, which shall be admin-
istered in accordance with chapter 3 of title 49, United 
States Code: Provided further, That the Federal share 
payable on account of any project or activity carried out 
with funds made available under this heading shall be, at 
the option of the recipient, up to 100 percent of the total 
cost thereof: Provided further, That funds made available 
by this paragraph shall not be obligated for the purposes 
authorized under section 115(b) of title 23, United States 
Code: Provided further, That funding provided under this 
heading shall be in addition to any and all funds provided 
for fiscal years 2010, 2011, and 2012 in any other Act 
for ‘‘Federal-aid Highways’’ and shall not affect the dis-
tribution of funds provided for ‘‘Federal-aid Highways’’ 
in any other Act: Provided further, That the amount made 
available under this heading shall not be subject to any 
limitation on obligations for Federal-aid highways or high-
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way safety construction programs set forth in any Act: 
Provided further, That section 1101(b) of Public Law 
109–59 shall apply to funds apportioned under this head-
ing: Provided further, That the Administrator of the Fed-
eral 
Highway 
Administration 
may 
retain 
up 
to 
$45,000,000 of the funds provided under this heading to 
fund the oversight by the Administrator of projects and 
activities carried out with funds made available to the 
Federal Highway Administration in this Act, of which 
$5,000,000 shall be for the Office of Expedited Project 
Delivery in the Office of the Administrator of the Federal 
Highway Administration, and such funds shall be available 
for the 45-month period beginning on the date of enact-
ment of this Act. 
FEDERAL TRANSIT ADMINISTRATION 
TRANSIT CAPITAL ASSISTANCE 
For an additional amount for ‘‘Transit Capital As-
sistance’’ for transit capital assistance grants authorized 
under section 5302(a)(1) of title 49, United States Code, 
$12,000,000,000: Provided, That the Secretary of Trans-
portation shall provide 80 percent of the funds appro-
priated under this heading for grants under section 5307 
of title 49, United States Code, and apportion such funds 
in accordance with section 5336 of such title: Provided fur-
ther, That the Secretary shall apportion 10 percent of the 
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funds appropriated under this heading in accordance with 
section 5340 of such title: Provided further, That the Sec-
retary shall provide 10 percent of the funds appropriated 
under this heading for grants under section 5311 of title 
49, United States Code, and apportion such funds in ac-
cordance with such section: Provided further, That funds 
apportioned under this heading shall be apportioned not 
later than 21 days after the date of enactment of this Act: 
Provided further, That 120 days following the date of such 
apportionment, the Secretary shall withdraw from each 
urbanized area or State an amount equal to 50 percent 
of the funds apportioned to such urbanized areas or States 
less the amount of funding obligated, as determined by 
the Secretary, and the Secretary shall redistribute such 
amounts to other urbanized areas or States that have had 
no funds withdrawn under this proviso utilizing whatever 
method he deems appropriate to ensure that all funds re-
distributed under this proviso shall be utilized promptly: 
Provided further, That 1 year following the date of such 
apportionment, the Secretary shall withdraw from each 
urbanized area or State any funds that are not under con-
tract, as determined by the Secretary, and the Secretary 
shall redistribute such amounts to other urbanized areas 
or States that have had no funds withdrawn under this 
proviso utilizing whatever method he deems appropriate 
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to ensure that all funds redistributed under this proviso 
shall be utilized promptly: Provided further, That at the 
request of an urbanized area or State, the Secretary of 
Transportation may provide an extension of such 1-year 
period if he feels satisfied that the urbanized area or State 
has encountered an unworkable bidding environment or 
other extenuating circumstances: Provided further, That 
before granting such an extension, the Secretary shall 
send a letter to the House and Senate Committees on Ap-
propriations that provides a thorough justification for the 
extension: Provided further, That of the funds provided for 
section 5311 of title 49, United States Code, 2.5 percent 
shall be made available for section 5311(c)(1): Provided 
further, That of the funding provided under this heading, 
$100,000,000 shall be distributed as discretionary grants 
to public transit agencies for capital investments that will 
assist in reducing the energy consumption or greenhouse 
gas emissions of their public transportation systems: Pro-
vided further, That for such grants on energy-related in-
vestments, priority shall be given to projects based on the 
total energy savings that are projected to result from the 
investment, and projected energy savings as a percentage 
of the total energy usage of the public transit agency: Pro-
vided further, That applicable chapter 53 requirements 
shall apply to funding provided under this heading, except 
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that the Federal share of the costs for which any grant 
is made under this heading shall be, at the option of the 
recipient, up to 100 percent: Provided further, That the 
amount made available under this heading shall not be 
subject to any limitation on obligations for transit pro-
grams set forth in any Act: Provided further, That section 
1101(b) of Public Law 109–59 shall apply to funds appro-
priated under this heading: Provided further, That the 
funds appropriated under this heading shall not be com-
mingled with any prior year funds: Provided further, That 
a recipient and subrecipient of funds made available under 
this heading may use up to 10 percent of the amount ap-
portioned to a State or urbanized area for the operating 
costs of equipment and facilities for use in public transpor-
tation or for eligible activities under section 5311(f): Pro-
vided further, That in selecting projects to be carried out 
with funds apportioned under this heading, priority shall 
be given to projects that are located in economically dis-
tressed areas as defined by section 301 of the Public 
Works and Economic Development Act of 1965, as 
amended (42 U.S.C. 3161): Provided further, That in se-
lecting projects to be carried out with funds apportioned 
under this heading, States shall ensure an equitable geo-
graphic distribution of funds and an appropriate balance 
in addressing the needs of urban and rural communities 
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in the State: Provided further, That notwithstanding any 
other provision of law, three-quarters of 1 percent of the 
funds provided for grants under section 5307 and section 
5340, and one-half of 1 percent of the funds provided for 
grants under section 5311, shall be available for adminis-
trative expenses and program management oversight, and 
such funds shall be available for the 45-month period be-
ginning on the date of enactment of this Act. 
OFFICE OF THE SECRETARY 
SUPPLEMENTAL DISCRETIONARY GRANTS FOR A 
NATIONAL SURFACE TRANSPORTATION SYSTEM 
For an additional amount for capital investments in 
surface transportation infrastructure, $3,500,000,000, to 
remain available for the 1-year period beginning on the 
date of enactment of this Act: Provided, That the Sec-
retary of Transportation shall distribute funds provided 
under this heading as discretionary grants to be awarded 
to State and local governments or transit agencies on a 
competitive basis for projects that will have a significant 
impact on the Nation, a metropolitan area, or a region: 
Provided further, That projects eligible for funding pro-
vided under this heading shall include, but not be limited 
to, highway or bridge projects eligible under title 23, 
United States Code, including interstate rehabilitation, 
improvements to the rural collector road system, the re-
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construction of overpasses and interchanges, bridge re-
placements, seismic retrofit projects for bridges, and road 
realignments; public transportation projects eligible under 
chapter 53 of title 49, United States Code, including in-
vestments in projects participating in the New Starts or 
Small Starts programs that will expedite the completion 
of those projects and their entry into revenue service; pas-
senger and freight rail transportation projects; and port 
infrastructure investments, including projects that connect 
ports to other modes of transportation and improve the 
efficiency of freight movement: Provided further, That of 
the amount made available under this paragraph, the Sec-
retary may use an amount not to exceed $450,000,000 
for the purpose of paying the subsidy and administrative 
costs of projects eligible for federal credit assistance under 
chapter 6 of title 23, United States Code, if the Secretary 
finds that such use of the funds would advance the pur-
poses of this paragraph: Provided further, That in distrib-
uting funds provided under this heading, the Secretary 
shall take such measures so as to ensure an equitable geo-
graphic distribution of funds and an appropriate balance 
in addressing the needs of urban and rural communities: 
Provided further, That a grant funded under this heading 
shall be not less than $20,000,000 and not greater than 
$300,000,000: Provided further, That the Secretary may 
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waive the minimum grant size cited in the preceding pro-
viso for the purpose of funding significant projects in 
smaller cities, regions, or States: Provided further, That 
not more than 20 percent of the funds made available 
under this paragraph may be awarded to projects in a sin-
gle State: Provided further, That the Federal share of the 
costs for which an expenditure is made under this heading 
may be up to 100 percent: Provided further, That the Sec-
retary shall give priority to projects that require a con-
tribution of Federal funds in order to complete an overall 
financing package, and to projects that are expected to 
be completed within 3 years of enactment of this Act: Pro-
vided further, That the Secretary shall publish criteria on 
which to base the competition for any grants awarded 
under this heading not later than 90 days after enactment 
of this Act: Provided further, That the Secretary shall re-
quire applications for funding provided under this heading 
to be submitted not later than 180 days after the publica-
tion of such criteria, and announce all projects selected 
to be funded from such funds not later than 1 year after 
enactment of this Act: Provided further, That projects con-
ducted using funds provided under this heading must com-
ply with the requirements of subchapter IV of chapter 31 
of title 40, United States Code: Provided further, That the 
Secretary may retain up to $1,500,000 of the funds pro-
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vided under this heading, and may transfer portions of 
those funds to the Administrators of the Federal Highway 
Administration, the Federal Transit Administration, the 
Federal Railroad Administration and the Maritime Ad-
ministration, to fund the award and oversight of grants 
made under this heading. 
SEC. 3. BUY AMERICA. 
All funds provided under this Act shall be subject to 
the requirements of section 1605 of division A of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5). 
SEC. 4. RECOVERY ACT REPORTING REQUIREMENTS. 
To the extent practicable, all funds provided under 
this Act shall be subject to the reporting, transparency, 
and oversight requirements established by section 1201 
and title XV of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5), on the 
same basis as funds made available in division A of that 
Act. 
SEC. 5. FUNDING. 
(a) IN GENERAL.—Effective August 1, 2010, of the 
unobligated balance of the discretionary appropriations 
made available by division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5), there 
is rescinded the amount determined by the Director of the 
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Office of Management and Budget to be required to offset 
the appropriations under this Act. 
(b) APPLICATION.—The rescission made by sub-
section (a) shall be applied proportionately— 
(1) to each discretionary account; and 
(2) within each such account, to each program, 
project, and activity (with programs, projects, and 
activities as delineated in the appropriation Act or 
accompanying reports for the relevant fiscal year 
covering such account, or for accounts not included 
in an appropriation Act, as delineated in the most 
recently submitted President’s budget). 
(c) OMB REPORT.—Not later than September 16, 
2010, the Director of the Office of Management and 
Budget shall submit to the House of Representatives and 
the Senate a report specifying the reductions made to each 
account, program, project, and activity pursuant to this 
section. 
SEC. 6. PERIOD OF AVAILABILITY. 
No part of any appropriation contained in this Act 
shall remain available for obligation beyond September 30, 
2010, unless expressly so provided herein. 
Æ 
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