H.R. 8870

BUILD America 250 Act

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. 3021. Apportionment of appropriations for urbanized area formula grants

(a) In general. Section 5336 of title 49, United States Code, is amended—

(1) in the section heading by inserting urbanized area before formula;

(2) in subsection (a) by striking subsection (h)(5) and inserting subsection (h)(6);

(3) in subsection (b)(2)(E) by striking section 5337(c)(3) and inserting section 5337(b)(3);

(4) in subsection (d)(1) by striking section 5338(a)(2)(C) and inserting section 5338(a)(2)(B);

(5) in subsection (f) by striking section 5311(c)(3) in each place it occurs and inserting section 5311(c)(5);

(6) in subsection (h)—

(A) in the matter preceding paragraph (1) by striking section 5338(a)(2)(C) and inserting section 5338(a)(2)(B);

(B) in paragraph (1)—

(i) by striking $30,000,000 and inserting $125,000,000; and

(ii) by striking section 5307(h) and inserting the competitive passenger ferry grants in section 5339(d) as such grants relate to an area described under section 5339(d)(2)(A);

(C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;

(D) by inserting before paragraph (3), as so redesignated, the following:

Text this section adds to the law

(2) $400,000,000 shall be set aside each fiscal year to carry out the all stations accessibility program under section 5307(h)”;

(E) in paragraph (4), as so redesignated, by striking 3 percent and inserting 5 percent; and

(F) in paragraph (6), as so redesignated, by striking and (4) and inserting (4), and (5);

(7) in subsection (i)(2)(A) by striking subsection (h)(3) and inserting subsection (h)(4);

(8) in subsection (j) by striking subsection (h)(2) and inserting subsection (h)(3); and

(9) by adding at the end the following:

Text this section adds to the law

(k) All stations accessibility required

(1) In general. In addition to the amounts required to be expended under section 5307(c)(1)(K), beginning on October 1, 2028, the Secretary shall, on an annual basis, determine, as applicable, the amount under paragraph (2) that a direct recipient shall expend on covered projects from the total amount made available to the relevant direct recipient pursuant to the formulas in this section to carry out section 5307.

(2) Amount for covered projects. A direct recipient that allocates assistance made available under section 5307 to an inaccessible rail fixed guideway public transportation system that is determined by the Secretary to have, with respect to all stations or facilities for passenger use that are under the direct control of the direct recipient—

(A) 30 percent or fewer of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 3 percent of the total amount of such assistance made available to the direct recipient;

(B) between 31 and 50 percent of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 4 percent of the total amount of such assistance made available to the direct recipient; or

(C) more than 51 percent of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 5 percent of the total amount of such assistance made available to the direct recipient.

(3) Briefing to Congress. Not less frequently than annually, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on—

(A) the status and types of covered projects initiated by direct recipients using amounts determined under paragraph (2); and

(B) any other information the Secretary determines relevant.

(4) Definitions. In this subsection:

(A) Covered project. The term covered project means a capital project to further meet or exceed the requirements described in part 37 or part 38 of title 49, Code of Federal Regulations.

(B) Covered station or facility for passenger use. The term covered station or facility for passenger use means a station or facility—

(i) construction of which began before January 26, 1992;

(ii) which the Secretary determines has not been made accessible to and usable by persons with disabilities, including individuals who use wheelchairs; and

(iii) which is in use for the provision of a rail fixed guideway public transportation.

(C) Direct recipient. The term ‘direct recipient’ means a public entity that receives funding directly from the Federal Transit Administration to carry out grants in urbanized areas pursuant to section 5307, which may include a designated recipient.

(D) Inaccessible rail fixed guideway public transportation system. The term inaccessible rail fixed guideway public transportation system means a rail fixed guideway public transportation system with at least 1 covered station or facility for passenger use.

(b) Conforming amendment. The analysis for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5336 and inserting the following:

Text this section adds to the law

5336. Apportionment of appropriations for urbanized area formula grants.

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