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. Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following:
5308. Consolidated State block grant program
(a) In general. Excluding the amounts made available for primary urbanized areas with respect to which a State is not a designated recipient for Federal assistance pursuant to a financial assistance program or grant program referenced in section 5338(a)(2), the Secretary shall, subject to the requirements of subsection (b), consolidate grant amounts made available in a fiscal year pursuant to the formulas set forth in sections 5310, 5311(c)(5), 5336, 5337, 5339(a), and 5340.
(b) Application requirements and selection
(1) Application requirements
(A) Certification. In applying to participate in the consolidated block grant program established under this section, a State shall—
(i) provide written notice to all designated recipients within the State (other than those designated recipients located in a primary urbanized area) of the intent of such State to apply to such program;
(ii) afford affected designated recipients an opportunity pursuant to subparagraph (B) to affirmatively elect or to deny participation in the program prior to the date on which the State intends to submit the application; and
(iii) provide to the Secretary in the application a list of—
(I) designated recipients that affirmatively elect to participate in the program; and
(II) direct recipients in the relevant urbanized areas of such designated recipients.
(B) Role of designated recipients
(i) In general. A designated recipient shall, not later than 60 days after receiving written notice from the State described in subparagraph (A)(i), inform the State as to whether the recipient elects to participate in the program established under this section.
(ii) Determination in coordination with direct recipients. Within the time period specified in clause (i), a designated recipient shall coordinate with all direct recipients in the relevant urbanized area in determining whether to participate in such program.
(iii) Majority concurrence. A designated recipient of an urbanized area in which a majority of direct recipients in the relevant urbanized area elect to affirmatively participate in the block grant program established under this section shall—
(I) be required to participate in the program established under this section; and
(II) affirmatively notify the State of participation in the program.
(iv) Failure to respond. A designated recipient of an urbanized area that fails to inform a State of an election under clause (i) within the time period specified in such clause shall be deemed by the State to have affirmatively provided notified the State of its participation in the program established under this section.
(C) Non-participation. A designated recipient of an urbanized area that informs a State of its determination to refuse participation in the block grant program under this section in a fiscal year may not participate in such program for the following 3 fiscal years.
(2) Selection. The Secretary shall allocate the amount described in subsection (a) to a State if the Secretary has—
(A) received an application from the State;
(B) determined that the State has an organization capable of effectively administering a block grant made under this section;
(C) determined that the State uses a satisfactory—
(i) transportation system planning process; and
(ii) programming process;
(D) calculated—
(i) the total amount to consolidate and allocate to the State in accordance with subsection (a); and
(ii) from the amount described in clause (i), the minimum amounts a State shall obligate, based on the amounts that would otherwise be allocated to such areas in a State under sections 5307, 5310, and 5311(c)(5), 5337, 5339(a), and 5340, to—
(I) rural and urban areas; and
(II) areas of different population levels; and
(E) entered into an agreement with the State whereby the State agrees—
(i) to comply with applicable Federal law, regulations, and requirements for administering the block grant;
(ii) to provide the Secretary with such program information as the Secretary may require; and
(iii) to comply with the record and audit requirements under subsection (c).
(c) Records, audits, and evaluations. The requirements set forth in section 5307(f) shall apply to a State participating in the block grant program under this section.
(d) Prohibition; rule of construction
(1) Prohibition. A provider of public transportation in a primary urbanized area may not receive funding made available to a State pursuant to this section.
(2) Rule of construction. Nothing in this subsection shall be construed to prohibit a provider of public transportation in a primary urbanized area from receiving funding from a State if the relevant State is the designated recipient for assistance pursuant to sections 5307, 5310, 5311, 5337, 5339, or 5340.
(e) Eligible projects. Amounts allocated to a State for assistance pursuant to this section may be used for—
(1) capital projects;
(2) planning;
(3) job access and reverse commute projects;
(4) operating costs of equipment and facilities for use in public transportation, notwithstanding section 5307(a)(1)(D);
(5) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(6) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(7) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit;
(8) alternatives to public transportation that assist seniors and individuals with disabilities with transportation;
(9) the acquisition of public transportation services, including service agreements with private providers of public transportation service;
(10) intercity bus transportation and related activities described in section 5311(f)(1);
(11) financing capital projects to—
(A) maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate—
(i) rolling stock;
(ii) track;
(iii) line equipment and structures;
(iv) signals and communications;
(v) power equipment and substations;
(vi) passenger stations and terminals;
(vii) security equipment and systems;
(viii) maintenance facilities and equipment;
(ix) operational support equipment, including computer hardware and software;
(x) development and implementation of a transit asset management plan; and
(xi) other replacement and rehabilitation projects the Secretary determines appropriate;
(B) replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify vehicles described in section 5339(c)(5) or related facilities; and
(C) construct bus-related facilities; and
(12) any other activity eligible for assistance pursuant to sections 5307, 5310, 5311, 5337, 5339(a), and 5340 of this chapter.
(f) Roles and responsibilities of participating States
(1) Program documentation
(A) In general. Any grant agreement providing funds to be administered under such program shall be documented in a manner determined acceptable to the Secretary.
(B) Parity. The Secretary shall provide parity to States and shall only require the same type of information and level of detail for any program agreements and documentation that the Secretary would perform with respect to such action if the State did not receive assistance in the form of a block grant under this section.
(C) Responsibilities. Unless the State expressly agrees to retain responsibility, the Secretary shall assume responsibility for grant compliance investigations, determinations, and enforcement.
(2) Reporting requirements
(A) In general. Each State participating in the block grant program shall submit to the Secretary an annual report that includes—
(i) the number of project applications received for each fiscal year, including—
(I) the aggregate cost of the projects for which applications are received; and
(II) the types of projects to be carried out, expressed as percentages of the total consolidated amount allocated to the State under this section; and
(ii) a list of each project selected for funding for each fiscal year, including, for each project—
(I) the fiscal year during which the project was selected;
(II) the fiscal year in which the project is anticipated to be funded;
(III) the recipient;
(IV) the location, including the congressional district;
(V) the type;
(VI) the cost; and
(VII) a brief description.
(B) Public availability. The Secretary shall make available to the public, in a user-friendly format on the website of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).
(g) Consultation with certain planning organizations. For purposes of carrying out a block grant program under this section, a State shall—
(1) as applicable, consult with relevant metropolitan planning organizations in an urbanized area that is not a primary urbanized area; or
(2) as applicable, consult with relevant regional transportation planning organizations in rural areas.
(h) Treatment of projects. Projects funded under this section shall be treated as public transportation projects for purposes of this chapter.
(i) Cost share
(1) In general. Except as provided in paragraphs (2) and (3), the Federal share of an allowable project cost for a project funded under this section shall not exceed 80 percent.
(2) Sliding scale. The Federal share rate provided under paragraphs (1) and (2) of section 120(b) of title 23 shall apply to a project under this section if such rate is applicable to the State in which such project is carried out.
(3) Certain projects. Section 5323(i) applies to projects carried out under this subsection, unless a lower share percentage is requested.
(j) Primary urbanized area. In this section, the term primary urbanized area means an urbanized area that—
(1) has a population of at least 3,500,000, as determined by the Bureau of Census; or
(2) extends into more than 1 State and has a population of at least 200,000, as determined by the Bureau of Census.
(b) Rulemaking authority. The Secretary may issue such regulations as may be necessary to carry out section 5308, as added by subsection (a).
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