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
Section 5321 of title 49, United States Code, is amended to read as follows:
5321. Crime prevention and security
(a) Eligible expense. For purposes of expending financial assistance described under section 5307(c)(1)(J), the following activities and projects shall be considered by the Secretary to be an eligible expense:
(1) A project to increase lighting in or adjacent to a public transportation system, including the intercity bus portion of a federally funded public transportation facility and joint-use facility (including bus stops, subway stations, parking lots, and garages).
(2) A project to increase camera surveillance of an area in or adjacent to such system.
(3) A project that provides an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to such system.
(4) A project to improve farebox infrastructure across such system.
(5) A project to improve the cybersecurity of such system.
(6) A project to improve technology, including any hardware or software investments designed to combat or report crime or improve security.
(7) A project intended to increase the security and safety of an existing or planned public transportation system.
(8) A project, including a project for operating costs notwithstanding section 5307(a)(1)(D), related to—
(A) fare enforcement and the prevention of fare evasion;
(B) hiring transit officers to police on public transportation and transit stations, including in the immediate vicinity of such stations;
(C) contracting with local police departments to increase officer presence on public transportation systems and related facilities, including in the immediate vicinity of stations;
(D) hiring transit support specialists; or
(E) other activities to reduce criminal activities on public transportation systems, including intercity bus portions of federally funded public transportation facilities and joint-use facilities.
(b) Special rule. Not more than the lesser of the following amounts may be expended by a recipient under section 5307(c)(1)(J) for eligible expenses described in subsection (a)(8):
(1) An amount equal to the amount expended for eligible expenses described in paragraphs (1) through (7) of subsection (a).
(2) 1.5 percent of the amount the recipient receives for each fiscal year under section 5336.
(c) Transit support specialist defined. In this section, the term transit support specialist means an individual who may be a non-sworn officer and is adequately trained to carry out a variety of duties designed to improve the security of public transportation systems through the known presence of such individual within a public transportation system, including physical presence aboard vehicles, and through engagement with the public.
(d) Rule of construction. Nothing in this chapter shall be construed by the Secretary to prevent the financing of a project described in subsection (a) in any case in which a local governmental authority other than the recipient has law enforcement responsibilities.
(e) Mandatory fare evasion penalties
(1) In general. Beginning with fiscal year 2028, the Secretary shall withhold 10 percent of the assistance available to a direct recipient, as allocated in a split letter or other similar determination of the annual apportionment of funds by a designated recipient under section 5307 for an urbanized area, in each fiscal year in which a State or local government is not in compliance with paragraph (2).
(2) State or local government compliance. A State or local government is not in compliance with this paragraph if the act of evading a fare payment for public transportation services on any mode of public transportation in the urbanized area for which a direct recipient receives assistance described under paragraph (1) is not either a criminal or civil offense under the laws of such State or local government.
(3) Public transportation services in multiple jurisdictions. In any case in which a direct recipient provides public transportation services to more than 1 State or jurisdiction of a local government, the Secretary shall ensure that the withholding of funds under paragraph (1) does not adversely affect any State or local government jurisdiction that is in compliance with the requirements of paragraph (2).
(4) Rule of construction. The Secretary may not withhold funds under paragraph (1) to any recipient for which all of its service area is covered by a State or local policy, or a collection of State or local policies, that is in compliance with paragraph (2).
(5) Withholding of funds
(A) In general. If the Secretary determines a State or local government comes into compliance with paragraph (2) in a fiscal year in which funds are withheld to a direct recipient under paragraph (1), the Secretary shall make the amount withheld available for apportionment to the direct recipient.
(B) Lapse. Any amounts withheld to a direct recipient under paragraph (1) and not restored under subparagraph (A) in a fiscal year shall lapse.
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