H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
Follow this bill

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. 3007. Fixed guideway capital investment grants

(a) Amendments to fixed guideway capital investment grant program. Section 5309 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1) by striking , the following definitions shall apply;

(B) by striking paragraph (2) and inserting the following:

Text this section adds to the law

(2) Core capacity improvement project. The term core capacity improvement project—

(A)

(i) means a capital investment in an existing fixed guideway system that—

(I) increases the capacity of a corridor by not less than 10 percent; or

(II) substantially increases the capacity of such system (in part or in whole); and

(ii) includes a project that—

(I) is primarily intended to increase capacity by reducing passenger travel time in a corridor or in an existing fixed guideway system, including for passengers with disabilities and those who use wheelchairs; and

(II) otherwise meets the requirements of clause (i); and

(B) does not include—

(i) elements designed to maintain a state of good repair of the existing fixed guideway system;

(ii) elements to improve general station facilities (other than stairs, elevators, ramps, or escalators for passenger use) or parking; and

(iii) acquisition of rolling stock alone.

(C) in paragraph (3) by striking small start and inserting streamlined start; and

(D) in paragraph (6)—

(i) in the paragraph heading by striking Small start and inserting Streamlined start;

(ii) in the matter preceding subparagraph (A) by striking small start and inserting streamlined start; and

(iii) by striking subparagraphs (A) and (B) and inserting the following:

Text this section adds to the law

(A) the total estimated net capital cost is less than $1,000,000,000 (adjusted annually for inflation); and

(B) Federal assistance provided or requested under this section is less than or equal to 50 percent of the dollar amount specified in subparagraph (A).

(2) in subsection (b)—

(A) in paragraph (1) by striking small start and inserting streamlined start; and

(B) by striking paragraph (2) and inserting the following:

Text this section adds to the law

(2) core capacity improvement projects, including—

(A) acquisition of real property;

(B) acquisition of rights-of-way;

(C) double tracking;

(D) signalization improvements;

(E) electrification;

(F) expanding system platforms;

(G) acquisition of rolling stock associated with corridor or system-wide improvements increasing capacity;

(H) construction of infill stations;

(I) construction, renovation, and improvement of stairs, ramps, elevators, and escalators to improve accessibility of the system or corridor for individuals with disabilities, including individuals who use wheelchairs; and

(J) other capacity improvements the Secretary determines are appropriate to increase the capacity of the system or corridor.

(3) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A) by striking small start and inserting streamlined start; and

(ii) in subparagraph (C)—

(I) by striking the applicant and inserting if applicable, the applicant;

(II) by striking the performance targets and inserting a performance target; and

(III) by striking in section 5326(c)(2) and inserting described in section 5326(b)(2)(A); and

(B) in paragraph (3) to read as follows:

Text this section adds to the law

(3) Technical capacity. The Secretary shall use an expedited technical capacity review process for a project if the applicant—

(A) has—

(i) during the 5-year period immediately preceding the date on which the applicant requests funds for the project—

(I) successfully completed at least 1 project pursuant to this section that is similar in complexity to the project for which the applicant is seeking an expedited review; and

(II) demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project; or

(ii) during the 3-year period immediately preceding the date on which the applicant requests funds for the project—

(I) successfully completed at least 1 project pursuant to this section; or

(II) fulfilled readiness requirements related to technical capacity for a comparable project sponsored by the applicant; and

(B) certifies, in a manner determined by the Secretary, that all project oversight requirements applicable to the project will be fulfilled.

(4) in subsection (d)(1)(A)—

(A) in clause (i)(II) by striking initiates and inserting has initiated; and

(B) in clause (ii)—

(i) by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and

(ii) by inserting before subclause (II), as so redesignated, the following:

Text this section adds to the law

(I) determines that the applicant has completed 30 percent of design and engineering for the project;

(5) in subsection (e)—

(A) in paragraph (1)(A)—

(i) in clause (i)(II) by striking initiates and inserting has initiated; and

(ii) in clause (ii)—

(I) by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and

(II) by inserting before subclause (II), as so redesignated, the following:

Text this section adds to the law

(I) determines that the applicant has completed 30 percent of design and engineering for the project;

; and

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by striking clause (iii);

(II) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and

(III) in clause (iii), as so redesignated, by striking needs of the corridor and all that follows through the semicolon and inserting needs of the system or corridor;;

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i) by striking subparagraph (A)(iv) and inserting subparagraph (A)(iii); and

(II) by striking clause (ii) and inserting the following:

Text this section adds to the law

(ii) whether the project will increase capacity of a corridor by at least 10 percent or substantially increase capacity system-wide (in whole or in part), including in the manner described in subsection (a)(2)(A)(ii);

(6) in subsection (f)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A) by striking or (e)(2)(A)(v) and inserting or (e)(2)(A)(iv); and

(ii) in subparagraph (C) by striking local resources and inserting the applicant demonstrate that local resources; and

(B) in paragraph (2) by striking or (e)(2)(A)(v) and inserting or (e)(2)(A)(iv);

(7) in subsection (g)—

(A) in paragraph (2)—

(i) in subparagraph (A)(ii) by striking subsection (e)(2)(A)(iv) and inserting subsection (e)(2)(A)(iii);

(ii) in subparagraph (B) by striking or (e)(2)(A)(iv) each place it appears and inserting or (e)(2)(A)(iii) and

(iii) by adding at the end the following:

Text this section adds to the law

(D) Eligibility for adjustment of certain criterion

(i) In general. In evaluating and rating the economic development criterion referenced in subsection (d)(2)(A)(iii) and (e)(2)(A)(iii), the Secretary may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating for the economic development criterion if the applicant submits documented evidence that enacted local policies promote housing development for areas accessible to transit facilities along the project route.

(ii) Consideration; consultation. In carrying out clause (i), the Secretary shall—

(I) consider whether the evidence submitted by the applicant will result in development appropriate to expected housing demand in the project area; and

(II) consult with the Secretary of Housing and Urban Development.

(B) by amending paragraph (5) to read as follows:

Text this section adds to the law

(5) Policy guidance

(A) In general. The Secretary shall issue policy guidance regarding the review and evaluation process and criteria each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.

(B) Requirement. In carrying out subparagraph (A), the Secretary shall—

(i) ensure that the policy guidance for streamlined start projects is reflective of any differences in project scope, cost, risk, and source of local financial commitment compared to projects under subsections (d) and (e); and

(ii) for core capacity improvement projects that propose to increase capacity in the manner described in subsection (a)(2)(A)(ii), issue specific policy guidance for evaluating how such projects may increase the capacity of the system or corridor.

(C) Nonsubstantive policy updates. Notwithstanding the requirements of section 5334(k), the Secretary may issue or publish an update to the policy guidance described in subparagraph (A) provided that such update does not—

(i) impose a binding obligation on an applicant under this section; or

(ii) significantly change the administration of the existing policy.

(C) in paragraph (6)—

(i) by striking Not later than 1 year and all that follows through shall issue and inserting The Secretary shall maintain; and

(ii) in subparagraph (B) by striking corridor and inserting corridor or system; and

(D) in paragraph (8) by striking the date of enactment of the Federal Public Transportation Act of 2012 and inserting October 1, 2012;

(8) in subsection (h)—

(A) in the subsection heading by striking Small start and inserting Streamlined start;

(B) by striking small start in each place it occurs and inserting streamlined start;

(C) by striking small starts in each place it occurs and inserting streamlined start;

(D) in paragraph (2)(A)—

(i) in clause (i)(II) by striking initiates and inserting has initiated; and

(ii) in clause (ii)—

(I) by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and

(II) by inserting before subclause (II), as so redesignated, the following:

Text this section adds to the law

(I) determines that the applicant has completed 30 percent of design and engineering for the project;

(E) in paragraph (6) by adding at the end the following:

Text this section adds to the law

(C) Eligibility for adjustment of certain criterion

(i) In general. In evaluating and rating the economic development criterion referenced in paragraph (4), the Secretary may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating for the economic development criterion if the applicant submits documented evidence that enacted local policies promote housing development for areas accessible to transit facilities along the project route.

(ii) Consideration; consultation. In carrying out clause (i), the Secretary shall—

(I) consider whether the evidence submitted by the applicant will result in development appropriate to expected housing demand in the project area; and

(II) consult with the Secretary of Housing and Urban Development.

; and

(F) in paragraph (7)(C) by striking 10 days and inserting 3 business days;

(9) in subsection (i)(4)—

(A) in subparagraph (B)—

(i) in the subparagraph heading by striking Small start and inserting Streamlined start; and

(ii) by striking small start and inserting streamlined start; and

(B) in subparagraph (C)(iii) by striking small start and inserting streamlined start;

(10) in subsection (j) by striking the date of enactment of the Federal Public Transportation Act of 2012 and inserting October 1, 2012;

(11) in subsection (k)—

(A) in paragraph (2)—

(i) in subparagraph (E)(i) by striking Applicants and inserting Unless otherwise provided by subparagraph (G), applicants;

(ii) in subparagraph (F) by striking To be eligible and inserting Unless otherwise provided by subparagraph (G), to be eligible; and

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

Text this section adds to the law

(G) Special rule. An applicant seeking a full funding grant agreement under this paragraph for a project that has a local financial commitment of not less than 50 percent of the total net cost of the project may not be required by the Secretary to submit a plan described in subparagraph (E) or to collect data on the current system described in subparagraph (F).

; and

(B) in paragraph (5) by striking 15 days and inserting 3 business days;

(12) in subsection (l)—

(A) in paragraph (1)(B)—

(i) in clause (iii) by striking in the corridor and inserting of the system or corridor; and

(ii) in clause (iv)—

(I) in the clause heading by striking small start and streamlined start; and

(II) by striking small start and inserting streamlined start; and

(B) in paragraph (7) by striking the date of enactment of the Federal Public Transportation Act of 2012 and inserting October 1, 2012;

(13) in subsection (m) by adding at the end the following new paragraph:

Text this section adds to the law

(3) Pre-project development phase costs. The Secretary shall pay the Government share of project costs incurred by a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements, if—

(A) the project development costs of the project were incurred by the State or local governmental authority before the date on which the project entered into the project development phase;

(B) the project—

(i) in the case of a project under subsections (d) or (e), advances to the engineering phase; or

(ii) in the case of a project under subsection (h), advances to the construction phase; and

(C) the State or local governmental authority applies for payment of such Government share.

(14) in subsection (o)—

(A) in paragraph (1)—

(i) by striking subparagraph (B);

(ii) by striking subparagraph (C) and inserting the following:

Text this section adds to the law

(C) recommendations of such projects for funding—

(i) based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary; and

(ii) prioritizing projects submitted under subsection (u); and

(iii) by redesignating subparagraph (C), as amended, as subparagraph (B); and

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

Text this section adds to the law

(C) a narrative summary for projects for which the Secretary adjusted the rating of the economic development criterion pursuant to subsection (g)(2)(D) or (h)(6)(C).

(B) in paragraph (2)(A)(i)(I) by striking and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94); and

(C) by adding at the end the following new paragraph:

Text this section adds to the law

(3) Evaluations and rating. Concurrently with updates made pursuant to subsection (r)(2), the Secretary shall submit to Congress, and make available to the public, report evaluations and ratings, as required under subsections (d), (e), and (h), for each such project that—

(A) is in the project development phase;

(B) is in the engineering phase; or

(C) has received a full funding grant agreement.

(15) in subsection (p)—

(A) in the subsection heading by striking rule and inserting rules regarding cost effectiveness;

(B) by striking For the purposes and inserting (1) Treatment of certain capital costs.—For the purposes; and

(C) by adding at the end the following new paragraph:

Text this section adds to the law

(2) Alternative metric consideration. In making a determination regarding the cost effectiveness of a project under subsection (d)(2)(A)(iii) or (e)(2)(A)(iii), the Secretary may consider, in addition to the measurement of cost per rider, upon request of the project sponsor, an alternative metric for cost effectiveness determined appropriate by the Secretary.

; and

(16) by adding at the end the following:

Text this section adds to the law

(s) Alternative project delivery

(1) In general. Notwithstanding contract requirements in section 5325, the Secretary may allow an applicant to enter into a covered project delivery contract with respect to a project for which the applicant requests funds under this section.

(2) Covered project delivery contract defined. In this subsection, the term covered project delivery contract means—

(A) an agreement that provides for both design and construction of a project by 1 or more contractors through alternative project delivery methods, including construction manager/general contractor, construction manager-at-risk, progressive design build, or any other alternative project delivery method; or

(B) a single contract for the delivery of a whole project that—

(i) includes, at a minimum, the sponsor, builder, and designer as parties subject to the terms of the contract;

(ii) aligns the interests of all parties to the contract with respect to the project costs and project outcomes; and

(iii) includes processes to ensure transparency and collaboration among all parties to the contract with respect to the project costs and project outcomes.

(t) Special rule for risk assessment and lock-in date. With respect to core capacity improvement projects and new fixed guideway capital projects, the Secretary may not determine a maximum Capital Investment Grant contribution or conduct a risk assessment until 120 days after the project enters into the engineering phase, except the Secretary may conduct a risk assessment earlier upon request from the project sponsor.

(b) Amendments to expedited project delivery for capital investment grants pilot program. Section 3005(b) of the FAST Act (49 U.S.C. 5309 note) is amended—

(1) in the heading by striking pilot;

(2) by striking paragraph (1) and inserting the following:

Text this section adds to the law

(1) Definition of specified core capacity improvement project. In this subsection, the term specified core capacity improvement project—

(A)

(i) means a capital investment in an existing fixed guideway system that—

(I) increases the capacity of a corridor by not less than 10 percent; or

(II) substantially increases the capacity of such system (in part or in whole); and

(ii) includes a project that—

(I) is primarily intended to increase capacity by reducing passenger travel time in a corridor or in an existing fixed guideway system, including for passengers with disabilities and passengers who use wheelchairs; and

(II) otherwise meets the requirements of clause (i);

(B) may include project elements designed to achieve a state of good repair of the existing fixed guideway system; and

(C) does not include—

(i) elements designed to maintain a state of good repair of the existing fixed guideway system;

(ii) elements to improve general station facilities (other than stairs, elevators, ramps, or escalators for passenger use) or parking; and

(iii) acquisition of rolling stock alone.

(3) in paragraph (2)—

(A) in subparagraph (A) by striking small start and inserting streamlined start; and

(B) by striking subparagraph (B) and inserting the following:

Text this section adds to the law

(B) specified core capacity improvement projects, including—

(i) acquisition of real property;

(ii) acquisition of rights-of-way;

(iii) double tracking;

(iv) signalization improvements;

(v) electrification;

(vi) expanding system platforms;

(vii) acquisition of rolling stock associated with corridor improvements increasing capacity;

(viii) construction of infill stations;

(ix) construction, renovation, and improvement of stairs, ramps, elevators, and escalators to improve accessibility of the system or corridor for individuals with disabilities, including individuals who use wheelchairs; and

(x) other capacity improvements the Secretary determines are appropriate to increase the capacity of the system or corridor.

(4) in paragraph (3)—

(A) in subparagraph (A)—

(i) by striking not more than 8 grants under this subsection for eligible projects if the Secretary determines that and inserting grants under this subsection to State and local governmental authorities to assist in financing a new fixed guideway capital project, a streamlined start project, or a specified core capacity improvement project if the Secretary determines that;

(ii) in clause (i) by striking of title 49, United States Code;

(iii) by striking clause (iii) and inserting the following:

Text this section adds to the law

(iii) there are private contributions to the project, which may include cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies, provided such elements are determined by local policies, criteria, and decisionmaking under section 5306(a);

; and

(iv) in clauses (i) through (vi) by striking eligible each place it appears;

(B) in subparagraph (B) by striking of title 49, United States Code,;

(C) in subparagraph (C) by striking for applicants that have and all that follows through the period and inserting as prescribed in subsection (c)(3).;

(D) in subparagraph (D)—

(i) in clause (i)—

(I) in the matter preceding subclause (I) by striking an eligible project and inserting a project; and

(II) in subclause (I) by striking eligible; and

(ii) in clause (ii) by striking eligible each place it appears;

(E) in subparagraph (E) by striking of title 49, United States Code,; and

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

Text this section adds to the law

(F) Consideration for specified core capacity project. For purposes of making a determination under this paragraph for a specified core capacity project, the Secretary shall determine whether the project will increase capacity of a corridor by at least 10 percent or substantially increase capacity system-wide (in whole or in part), including in the manner described in paragraph (1)(A)(ii).

(5) in paragraph (4)—

(A) in subparagraph (A) by striking an eligible and inserting a;

(B) in subparagraphs (B) and (C) by striking eligible each place it appears; and

(C) in subparagraph (C)(i) by striking public-private partnership required and inserting private contributions required;

(6) in paragraph (5)(A) by striking 120 days and inserting 180 days;

(7) in paragraph (6)—

(A) by striking eligible each place it appears; and

(B) by inserting specified before core capacity;

(8) in paragraph (7) by striking an eligible and inserting a;

(9) in paragraph (8)—

(A) in subparagraph (A)(i)—

(i) by striking an eligible each place it appears and inserting a; and

(ii) by striking the eligible and inserting the;

(B) in subparagraph (B)—

(i) in clauses (i) and (ii) by striking an eligible and inserting a;

(ii) in clause (iii)—

(I) by striking eligible each place it appears; and

(II) in subclause (III) by striking , consistent with the terms of the public-private partnership agreement;

(iii) in clause (iv)—

(I) in subclause (III) by striking eligible project each place it appears and inserting project; and

(II) in subclause (IV)—

(aa) by inserting specified before core capacity; and

(bb) by striking small start and inserting streamlined start; and

(iv) in clause (v) by striking small start and inserting streamlined start;

(C) in subparagraph (C)(i) by striking eligible; and

(D) in subparagraph (D)—

(i) in clause (i)—

(I) by striking 15 days and inserting 3 business days; and

(II) by striking an eligible and inserting a; and

(ii) in clause (ii) by striking eligible;

(10) in paragraph (9)—

(A) in subparagraph (A)—

(i) by striking an eligible and inserting a; and

(ii) by striking 25 percent and inserting 40 percent;

(B) in subparagraph (C) by striking 75 percent and inserting 60 percent; and

(C) in subparagraph (E)—

(i) by striking an eligible project and inserting a project;

(ii) by striking the applicant shall repay and inserting as determined by the Secretary, the applicant shall repay;

(iii) by striking the eligible project and inserting the project; and

(iv) by striking all eligible project and inserting all project;

(11) in paragraph (10)(A)—

(A) by striking an eligible project and inserting a project;

(B) by striking that eligible project and inserting the project; and

(C) by striking the eligible project and inserting the project;

(12) in paragraph (11) by striking Not later than and all that follows through the period at the end and inserting In each annual report described in subsection (o)(1), the Secretary shall include a proposed amount to be available to finance grants for anticipated projects under this subsection.; and

(13) in paragraph (12)—

(A) in subparagraph (B) by striking the semicolon and inserting ; or;

(B) in subparagraph (C) by striking ; or and inserting a period; and

(C) by striking subparagraph (D).

(c) Transfer of expedited project delivery for capital investment grants program. Section 3005(b) of the FAST Act, as amended by subsection (b), is transferred to appear as subsection (u) of section 5309 of title 49, United States Code.

(d) Ensuring flexibility in CIG project pipelines. The Secretary shall, to the greatest extent practicable and in accordance with applicable statutory requirements—

(1) ensure that an applicant in the capital investment grant program has flexibility to move between project pipelines provided under subsections (d), (e), (h), and (u) of section 5309; and

(2) minimize the administrative burden associated with utilizing such flexibility.

(e) Applicability. The amendments made by subsections (a) through (c) shall only apply to a grant application under section 5309 of title 49, United States Code, that—

(1) is submitted on or after the date of enactment of this Act;

(2) is moved by the Secretary between project pipelines provided under subsections (d), (e), (h), and (u) of such section after the date of enactment of this Act; or

(3) is for a project—

(A) that prior to the date of enactment of this Act—

(i) entered into the project development phase provided under subsections (d), (e), or (h) of such section; or

(ii) has submitted a complete application under subsection (u) of such section to the Secretary; and

(B) with a project sponsor that has elected to subject such application to the amendments made by subsections (a) through (c).

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