I 
117TH CONGRESS 
1ST SESSION 
H. R. 227 
To provide dedicated funding for the national infrastructure investment 
program and the capital investment grant program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2021 
Mr. HASTINGS (for himself and Mrs. HAYES) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide dedicated funding for the national infrastructure 
investment program and the capital investment grant 
program, 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 ‘‘Build America Act of 
2021’’. 
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SEC. 2. NATIONAL INFRASTRUCTURE INVESTMENT PRO-
GRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall carry out a national infrastructure investment 
program (in this section referred to as the ‘‘program’’) 
for capital investments in surface transportation infra-
structure in accordance with the requirements of this sec-
tion. 
(b) DISCRETIONARY GRANTS.—The Secretary shall 
distribute funds made available to carry out the program 
as discretionary grants to be awarded to a State, local gov-
ernment, or transit agency, or a collaboration among such 
entities, on a competitive basis for projects that will have 
a significant impact on the Nation, a metropolitan area, 
or a region. 
(c) ELIGIBLE PROJECTS.—Projects that are eligible 
for funding under the program include, at a minimum, 
the following: 
(1) Highway and bridge projects eligible under 
title 23, United States Code. 
(2) Public transportation projects eligible under 
chapter 53 of title 49, United States Code. 
(3) Passenger and freight rail transportation 
projects. 
(4) Port infrastructure investments (including 
inland port infrastructure and land ports of entry). 
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(d) TIFIA.—The Secretary may use up to 20 percent 
of the funds made available to carry out the program for 
a fiscal year 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 the program. 
(e) DISTRIBUTION OF FUNDS.—In distributing funds 
provided under the program, the Secretary shall take 
measures to ensure— 
(1) an equitable geographic distribution of 
funds; 
(2) an appropriate balance in addressing the 
needs of urban and rural areas; and 
(3) investment in a variety of transportation 
modes. 
(f) FAIR CONSIDERATION.—The Secretary shall en-
sure that— 
(1) eligible projects receive fair consideration 
under the program; and 
(2) funds made available to carry out the pro-
gram are used to provide funding for eligible 
projects to the maximum extent practicable. 
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(g) GRANT AMOUNTS.—A grant funded under the 
program shall be not less than $5,000,000 and not greater 
than $45,000,000. 
(h) AWARDS IN SINGLE STATE.—Not more than 10 
percent of the funds made available under the program 
for a fiscal year may be awarded to projects in a single 
State. 
(i) FEDERAL SHARE.—The Federal share of the 
costs for which an expenditure is made under the program 
shall be, at the option of the recipient, up to 80 percent. 
(j) PRIORITY PROJECTS.—In carrying out the pro-
gram, the Secretary shall give priority to projects that re-
quire a contribution of Federal funds in order to complete 
an overall financing package. 
(k) RURAL AREAS.— 
(1) SET ASIDE.—Not less than 20 percent of 
the funds provided under the program for a fiscal 
year shall be for projects located in rural areas (as 
defined in section 101(a) of title 23, United States 
Code). 
(2) GRANT AMOUNTS; FEDERAL SHARE.—For 
projects located in rural areas— 
(A) the minimum grant size under the pro-
gram shall be $1,000,000; and 
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(B) the Secretary may increase the Fed-
eral share of costs above 80 percent. 
(l) WAGE
RATE
REQUIREMENTS.—Projects con-
ducted using funds provided under the program must com-
ply with the requirements of subchapter IV of chapter 31 
of title 40, United States Code. 
(m) ANNUAL COMPETITIONS.—For each fiscal year, 
the Secretary shall conduct a new competition to select 
projects for grants and credit assistance awarded under 
the program. 
(n) ADMINISTRATIVE
EXPENSES.—To fund the 
award and oversight of grants and credit assistance made 
under the program, the Secretary may— 
(1) retain up to $25,000,000 of the funds pro-
vided to carry out the program for a fiscal year, in-
cluding to appoint and fix the pay of additional per-
sonnel; and 
(2) transfer portions of those funds to the Ad-
ministrators of the Federal Highway Administration, 
the Federal Transit Administration, the Federal 
Railroad Administration, and the Maritime Adminis-
tration. 
(o) PERIOD FOR OBLIGATION OF FUNDS.— 
(1) IN GENERAL.—Funds made available for a 
fiscal year to carry out the program shall remain 
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available to the Secretary for obligation under the 
program for a period of 3 years after the last day 
of the fiscal year for which the funds are authorized. 
(2) TRANSFER OF UNOBLIGATED FUNDS.—Any 
amounts made available to carry out the program 
that remain unobligated at the end of the 3-year pe-
riod referred to in paragraph (1) shall be transferred 
to the Highway Trust Fund. 
(p) FUNDING.—There shall be available, without fur-
ther appropriation, from the National Infrastructure In-
vestment Trust Fund for expenditure by the Secretary to 
carry out the program $3,000,000,000 for each fiscal 
year. 
SEC. 3. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. 
(a) FUNDING.—There shall be available from the Na-
tional Infrastructure Investment Trust Fund, without fur-
ther appropriation, for expenditure by the Secretary of 
Transportation to carry out section 5309 of title 49, 
United States Code, $9,000,000,000 for each fiscal year. 
(b) ADMINISTRATIVE EXPENSES.—Of the amounts 
made available for a fiscal year under subsection (a) to 
carry out section 5309 of title 49, United States Code, 
the Secretary may retain not more than 1 percent of the 
total funds made available to carry out such section to 
administer the award and oversee grants made under the 
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