H.R. 8870
BUILD America 250 Act
Sponsor: Sam Graves
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
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
(a) In general. Section 5307 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A)—
(i) in clause (i) by striking ; or at the end; and
(ii) by adding at the end the following:
(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route or demand response service, excluding ADA complementary paratransit service, during peak hours, in an amount not to exceed 25 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
; and
(B) in paragraph (2)(B)—
(i) in clause (i) by striking ; or and inserting a semicolon;
(ii) in clause (ii) by striking the period at the end and inserting ; or; and
(iii) by adding at the end the following:
(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route or demand response service, excluding ADA complementary paratransit service, during peak hours, in an amount not to exceed 25 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and including in the designated recipient’s final program of projects prepared under subsection (b).
(2) in subsection (b)—
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively;
(3) in subsection (c)(1)—
(A) in subparagraph (I) by inserting or eliminating after raising;
(B) by striking subparagraph (J) and inserting the following:
(J) will expend not less than 1 percent of the amount the recipient receives for each fiscal year under section 5336 for crime prevention and security projects described in section 5321;
; and
(C) by striking subparagraph (K) and inserting:
(K) will expend not less than 1 percent of the amount the recipient receives for each fiscal year under section 5336 to further meet or exceed the requirements described in part 37 or 38 of title 49, Code of Federal Regulations; and
(4) by striking subsection (f) and inserting the following:
(f) Records, audits, and evaluations
(1) Records. The Secretary shall require a recipient of a grant under this section to keep records that—
(A) disclose—
(i) the amount and disposition by the recipient of the proceeds of the grant;
(ii) the total cost of the plan or program for which the grant is given or used; and
(iii) the amounts and kinds of remaining costs of the plan or program, as described under subsection (d)(3); and
(B) enable the Secretary or another appropriate entity to audit such recipient.
(2) Audits and examinations. The Secretary and the Comptroller General may audit and examine any records of a recipient that are related to a grant made under this section.
(3) Annual audit
(A) In general. At least annually, the Secretary shall carry out, or authorize a recipient to carry out independently, an audit of records for each grant to establish whether the recipient—
(i) has carried out the requirements prescribed in subsection (c) for each grant made pursuant to this section;
(ii) is prepared to continue to fulfill such requirements for the duration of the grant; and
(iii) has administered the grant and all amounts of the Government in accordance with all applicable laws and regulations.
(B) Independent audit procedures and requirement. A recipient authorized by the Secretary to carry out an independent review and audit under subparagraph (A) shall—
(i) ensure that an independent audit complies with the auditing procedures of the Comptroller General; and
(ii) submit a certified copy of the audit to the Secretary not more than 6 months after the end of the fiscal year for which the audit was made.
(4) Triennial review. Except as otherwise provided by paragraph (5), the Secretary shall—
(A) not less than once every 3 calendar years—
(i) review and evaluate the findings from each annual audit; and
(ii) assess the extent to which actual program activities are consistent with—
(I) the activities proposed under subsection (b); and
(II) the planning process required under sections 5303, 5304, and 5305;
(B) to the extent practicable, coordinate such review with any related State or local reviews; and
(C) prioritize, as appropriate, the primary scope of the review on—
(i) any previously identified deficiencies by the recipient; and
(ii) the most common deficiencies by all recipients, as identified by the Secretary.
(5) Waiver of review
(A) In general. Except as otherwise provided in subparagraph (C), the Secretary may waive the review described in paragraph (4) if the Secretary, upon a review of findings from the annual audits required under paragraph (3), determines that the recipient has—
(i) not established a pattern of deficiency in meeting all applicable grant requirements as prescribed by law; and
(ii) complied, to the satisfaction of the Secretary, with all relevant directives issued by the Federal Transit Administration and attributable to the recipient, as applicable.
(B) Consecutive waivers. The Secretary may consecutively waive the review described in paragraph (4) after determining pursuant to paragraph (5) that a waiver is justified, however, the Secretary must conduct at least 1 review every 10 calendar years.
(C) Requested reviews. The Secretary shall conduct all regularly scheduled triennial reviews for a recipient if the recipient requests such scheduled review be conducted.
(6) Actions resulting from review, audit, or evaluation. The Secretary may take appropriate action in response to a finding from a review or an audit conducted under this subsection, including adjusting the amount of a grant or withdrawing a grant.
; and
(5) by striking subsection (h) and inserting the following:
(h) All stations accessibility program
(1) In general. The Secretary may make competitive grants to covered entities for use financing capital and planning projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for individuals with disabilities, including individuals who use wheelchairs, by increasing the number of existing (as of the date of enactment of this subsection) stations or facilities for passenger use that meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(2) Application
(A) In general. To be eligible to receive a grant under this subsection, a covered entity that has complied with subparagraph (B) shall submit to the Secretary an application—
(i) in such form and containing such information as the Secretary may require; and
(ii) including a certification by the applicant that the project for which a grant is requested will meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(B) Consultation requirement. Prior to submitting an application under subparagraph (A), a covered entity shall consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with disabilities, including individuals with physical, intellectual, developmental, or sensory disabilities and individuals who use wheelchairs.
(3) Competitive process. The Secretary shall—
(A) not later than 90 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 90 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(4) Eligible projects. A recipient of a grant under this subsection may use the grant for the following projects:
(A) A capital project to repair, improve, modify, retrofit, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame of the station or facility.
(B) A planning project to develop or modify a plan for 1 or more public transportation accessibility projects, an assessment of accessibility, or an assessment of a planned modification to stations or facilities for passenger use.
(5) Prohibited uses. A recipient of a grant under this subsection may not use such grant to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, and that meet or exceed the new construction standards under title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(6) Federal share. The Federal share of a project for which a grant is issued under this subsection shall not exceed 80 percent of the net project cost.
(7) Required disclosures. The Secretary shall—
(A) upon issuance of the notice of funding opportunity in the Federal Register with respect to the program under paragraph (1), publicly disclose all metrics and evaluation procedures to be used in considering applications submitted under paragraph (2); and
(B) make publicly available a summary of final scores for projects funded by a grant under this subsection, metrics, and other evaluations used in awarding grants under this subsection.
(8) Covered entity defined. In this subsection, the term covered entity means—
(A) a designated recipient that allocates funds awarded under this chapter to 1 or more legacy rail fixed guideway public transportation systems; and
(B) a State or local governmental entity that operates 1 or more legacy rail fixed guideway public transportation systems.
(b) Repeals
(1) Electric or low-emitting ferry pilot program. Section 71102 of the Infrastructure Investment and Jobs Act (Public Law 117–58), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(2) Ferry service for rural communities. Subsections (a) through (f) of section 71103 of the Infrastructure Investment and Jobs Act (23 U.S.C. 147 note) are repealed.
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