H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
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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

Sec. 1106. National highway performance program

(a) In general. Section 119(e) of title 23, United States Code, is amended—

(1) by striking paragraph (5) and inserting the following:

Text this section adds to the law

(5) Requirement for plan

(A) In general

(i) Determination of compliance. Once every 2 years, the Secretary shall make a determination as to whether each State has developed and implemented a State asset management plan consistent with this section.

(ii) Federal share for noncompliant State. Notwithstanding section 120, for any State the Secretary has determined has not developed and implemented such a plan, the Federal share payable on account of any project or activity for which funds are obligated by the State under this section shall be 65 percent.

(B) Application

(i) Compliant States. A determination of compliance under subparagraph (A) shall apply until the next recertification date under such subparagraph and paragraph (6)(B).

(ii) Noncompliant States. A determination of noncompliance under subparagraph (A) shall apply during the period beginning on the date of the determination and ending on the date on which the Secretary determines that the State is in compliance pursuant to subparagraph (E)(i).

(C) Submission

(i) In general. A State shall submit to the Secretary information to support a determination under subparagraph (A) in conjunction with a submission with respect to recertification under paragraph (6)(B).

(ii) Requirements. For purposes of subparagraph (A) and paragraph (6)(B), a submission of a State shall—

(I) be considered sufficient with respect to the time period if the submission is for the most recent year; and

(II) for applicable years other than the most recent year, include a certification by the State that the asset management undertaken in such applicable years by the State meets the requirements of this subsection.

(D) Opportunity to cure

(i) In general. If the Secretary determines that a State is not in compliance under subparagraph (A), the Secretary shall provide to the State—

(I) a written statement of the specific actions the Secretary determines to be necessary for the State to come into compliance with this section; and

(II) a period of not less than 90 days to cure the deficiencies, during which all penalties and other legal impacts of a determination of noncompliance shall be stayed.

(ii) Extension. The Secretary, upon request of a State, may extend the time period described in clause (i)(II), including the stay of all penalties and other legal impacts of a determination of noncompliance.

; and

(2) in paragraph (6) by striking subparagraph (C) and inserting the following:

Text this section adds to the law

(C) Opportunity to cure

(i) In general. If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with—

(I) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and

(II) a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.

(ii) Extension. The Secretary, upon request of a State, may extend the time period described in clause (i)(I), including the stay of all penalties and other legal impacts of a denial of certification.

(b) Regional advance mitigation. Section 119(g) of title 23, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A)(ii) by inserting and regional advance mitigation programs after banks;

(B) in subparagraph (B)—

(i) by inserting and the establishment of after contributions to; and

(ii) by inserting , plans, and programs after efforts; and

(C) in subparagraph (C)—

(i) by inserting and programs after protection plans; and

(ii) by inserting and advance mitigation programs after restoration plans;

(2) in paragraph (2) by striking and plans and inserting plans, and programs each place it appears; and

(3) in paragraph (3)(B)—

(A) by inserting or State- or regionally-sponsored advance mitigation program after agency-sponsored mitigation bank;

(B) by striking funded and inserting eligible each place it appears; and

(C) by inserting or advance mitigation program credits after credits each place it appears.

(c) Regulations required. Not later than 1 year after the date of enactment of this Act, the Secretary shall revise any regulations necessary to carry out the amendments made by subsection (a).

B Improved Project Delivery and Environmental Streamlining

C Miscellaneous

II Transportation Infrastructure Finance and Innovation

III Public Transportation

A Reforms

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