H.R. 8870

BUILD America 250 Act

Official summary

Written by the Congressional Research Service.

Building Unrivaled Infrastructure and Long-term Development for America's 250th Act or the BUILD America 250 Act

This bill authorizes federal surface transportation (highway, public transportation, and rail) programs and activities through FY2031. The bill also establishes or modifies Department of Transportation (DOT) programs and policies that are a part of the federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs. 

For example, the bill authorizes appropriations through FY2031 out of the Highway Trust Fund for the federal-aid highway program, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, highway safety programs, and bridge programs. The bill also authorizes funding through FY2031 for Amtrak. Current authorization for these programs expires on September 30, 2026.

Among other provisions, the bill

  • establishes a Surface Transportation Accelerator Grant (STAG) discretionary program to fund surface transportation projects in rural, urban, local, and regional communities;
  • requires the Federal Highway Administration to impose a new annual electric vehicle (EV) registration fee, starting at $130 for a covered EV and $35 for a covered plug-in hybrid vehicle;
  • exempts automated driving system technology and equipment from vehicle width requirements;
  • establishes a consolidated state block grant program that allows DOT to allocate a lump sum to participating states to fund public transportation services in rural and urbanized areas;
  • allows state rail safety inspectors to conduct railroad bridge inspections; and
  • establishes a system for state, local, and tribal governments to report safety concerns about the condition of railroad bridges.

Text of the bill

Expand all

I Federal-Aid Highways

A Authorizations and Programs

B Improved Project Delivery and Environmental Streamlining

C Miscellaneous

II Transportation Infrastructure Finance and Innovation

III Public Transportation

A Reforms

Sec. 3002. Definitions

(a) In general. Section 5302 of title 49, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking or use and that are physically or functionally related and inserting use, accessibility, navigability, or safety and that are physically or functionally related;

(B) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively;

(C) by striking associated transit improvement means, with respect to any project or an area to be served by a project, projects and inserting

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associated transit improvement—

(A) means, with respect to any project or an area served by a project, projects

(D) by striking facilities. Eligible projects are— and inserting

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facilities; and

(B) are projects related to—

; and

(E) in clause (i), as so redesignated, by striking intended and inserting planned;

(2) by striking paragraph (16);

(3) by redesignating paragraphs (4) through (15) as paragraphs (5) through (16), respectively;

(4) by inserting after paragraph (3) the following new paragraph:

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(4) Capital asset. The term capital asset means a unit of rolling stock, a facility, a unit of equipment, or an element of infrastructure used for providing public transportation owned, operated, or managed by a recipient of financial assistance under this chapter.

(5) in paragraph (5), as so redesignated—

(A) in subparagraph (I)—

(i) in clause (i) by striking or at the end;

(ii) in clause (ii)(III) by striking the period at the end and inserting ; or; and

(iii) by adding at the end the following:

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(iii) under section 5308.

(B) in subparagraph (M) by striking improvements; or and inserting

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improvements—

(i) within 2.5 miles of a transit facility for projects described in clauses (v) and (vii) of paragraph (2)(B);

(ii) within a half mile of a transit facility for projects described in clauses (i), (iii), and (iv) of paragraph (2)(B); and

(iii) at any location within the service area of a public transportation provider for projects described in clauses (ii) and (vi) of paragraph (2)(B);

(C) in subparagraph (N) by striking the period at the end and inserting ; or; and

(D) by adding at the end the following new subparagraph:

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(O) software, contracted or wholly owned, that is related to the delivery of public transportation services, including software as a service and cloud-based software.

(6) in paragraph (21) by striking The term and all that follows through the period at the end and inserting With respect to a capital asset, the term state of good repair means the condition of the capital asset at which the capital asset is able to operate at a full level of performance, as such condition is determined by the standards prescribed by the Secretary in subpart D of part 625 of title 49, Code of Federal Regulations, or any successor regulation.;

(7) by redesignating paragraphs (22) through (25) as paragraphs (23) through (26), respectively; and

(8) by inserting after paragraph (21) the following new paragraph:

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(22) Transit asset management plan. The term transit asset management plan means a plan—

(A) developed by a recipient of funding under this chapter;

(B) that includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and

(C) in which the recipient certifies compliance with part 625 of title 49, Code of Federal Regulations, or any successor regulation.

(b) Technical amendments. Section 5323(e)(3) of title 49, United States Code, is amended by striking 5302(4)(J) and inserting 5302(5)(J).

B Miscellaneous

C Reorganization and Consolidation of Chapter 53

IV Highway Safety

V Motor Carriers

A General Provisions

B Commercial Motor Vehicle Operators

C Commercial Motor Vehicle Safety

D Household Goods Shipping Consumer Protection Reform

E Safe Integration of Autonomous Commercial Motor Vehicles

VI Innovation

VII Freight and Multimodal Transportation Programs

A Freight Policy

B Multimodal Policy and Programs

VIII Miscellaneous

IX Sport Fishing and Recreational Boating Safety

X Railroads and Hazardous Materials

A Authorization of Appropriations and Grant Reforms

B Amtrak Reforms

C Passenger Rail Policy

D Rail Safety and Innovation

E Project Delivery

F Hazardous Materials Transportation