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. Section 5339 of title 49, United States Code, is amended—
(1) in the section heading by striking and bus facilities and inserting , bus facilities, and ferries;
(2) in subsection (a)—
(A) by striking paragraph (1);
(B) in paragraph (2) by striking paragraph (4)(A) and inserting paragraph (3)(A);
(C) in paragraph (4)—
(i) in subparagraph (A) by striking the heading and inserting In general; and
(ii) in subparagraph (B)—
(I) by striking A recipient and inserting An eligible recipient; and
(II) by striking public agencies and inserting local governmental authorities, public agencies,;
(D) in paragraph (5)—
(i) in the matter preceding subparagraph (A) by striking under section and all that follows through shall be and inserting under section 5338(a)(2)(L) shall be;
(ii) in subparagraph (A)—
(I) by striking $206,000,000 and inserting $336,000,000; and
(II) by striking to all States and all that follows through the period and inserting equally to each State.; and
(iii) by striking subparagraph (B) and inserting the following:
(B) Distribution of remaining funds. The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated in the following manner:
(i) 62 percent shall be apportioned pursuant to subparagraph (C).
(ii) 38 percent shall be distributed by the Secretary in accordance with subsection (b).
(C) Formulas. Of amounts allocated under subparagraph (B)(i)—
(i) 50 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(c)(1)(A);
(ii) 30 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(c)(1)(B);
(iii) 15 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(a)(1); and
(iv) 5 percent shall be allocated for use in rural areas pursuant to the formula set forth in section 5311(c)(5).
(E) in paragraph (6)—
(i) in subparagraph (A)—
(I) by striking (A) Transfer flexibility for national distribution funds.—; and
(II) by striking paragraph (5)(A) and inserting paragraph (4)(A); and
(ii) by striking subparagraph (B);
(F) in paragraph (8)—
(i) by striking 3 fiscal years and inserting 5 fiscal years; and
(ii) by striking 3-fiscal-year and inserting 5-fiscal-year;
(G) by striking paragraph (9);
(H) in paragraph (10)—
(i) in subparagraph (A)—
(I) by striking (A) In general.—; and
(II) by striking ; Public Law 114–94; and
(ii) by striking subparagraph (B);
(I) by redesignating paragraphs (2) through (8), as amended, as paragraphs (1) through (7), respectively;
(J) by redesignating paragraph (10) as paragraph (8); and
(K) by adding at the end the following:
(9) Special rule for territories
(A) In general. A territory may use amounts received pursuant to subsection (a)(4)(A) for any purpose eligible under section 5311 as such purpose relates to the provision of passenger ferry service, including the acquisition of a vessel to provide such ferry service.
(B) Territory defined. In this paragraph, the term territory means any of the following territories of the United States:
(i) American Samoa.
(ii) The Commonwealth of the Northern Mariana Islands.
(iii) Guam.
(iv) The United States Virgin Islands.
(3) in subsection (b)—
(A) in paragraph (1)—
(i) by striking The Secretary and inserting Subject to the availability of funds, the Secretary;
(ii) by striking under this subsection and inserting on a competitive basis;
(iii) by striking subsection (a)(4) and inserting subsection (a)(3);
(iv) by striking buses and bus facilities capital projects, including; and
(v) by striking subparagraphs (A) and (B) and inserting the following:
(A) buses and bus facilities capital projects, including—
(i) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
(ii) rehabilitating, purchasing, constructing, or leasing bus-related facilities; and
(B) eligible projects.
(B) by striking paragraph (2);
(C) in paragraph (3)—
(i) by inserting (A) In general.— before A State;
(ii) by inserting for a grant described in paragraph (1) before on behalf of; and
(iii) by striking The submission of a statewide application and all that follows through the period at the end and inserting the following:
(B) Savings clause. The submission by a State of an application under subparagraph (A) shall not preclude the Secretary from considering any application submitted by an eligible recipient (as described in subsection (a)(3)) in an urbanized area of such State.
(D) in paragraph (4)—
(i) in subparagraph (A)—
(I) by inserting publicly before disclose; and
(II) by striking availability in the Federal Register and inserting opportunity; and
(ii) in subparagraph (B)—
(I) by inserting publicly available before summary; and
(II) by striking in the Federal Register;
(E) in paragraph (5)(A) by inserting for grants before under this subsection;
(F) in paragraph (6)—
(i) in subparagraph (B)—
(I) by striking The Government and inserting Except as provided in section 5323(i), the Government; and
(II) by striking an eligible project and inserting a project; and
(ii) by adding at the end the following new subparagraph:
(C) Non-Federal share. The non-Federal share of the cost of a project carried out using a grant under this subsection may be derived from in-kind contributions.
(G) in paragraph (8) by inserting for grants before under this subsection;
(H) in paragraph (9)(A) by striking eligible;
(I) in paragraph (10) by striking and subsection (c);
(J) in paragraph (11)—
(i) in subparagraph (A)—
(I) by striking (A) In general.—; and
(II) by striking ; Public Law 114–94; and
(ii) by striking subparagraph (B); and
(K) by redesignating paragraphs (3) through (11) as paragraphs (2) through (10), respectively;
(4) in subsection (c)—
(A) by striking paragraph (2);
(B) in paragraph (3)—
(i) in subparagraph (C)—
(I) in clause (i) by striking An eligible project and inserting A project ; and
(II) in clause (ii)—
(aa) by striking subparagraph and inserting paragraph; and
(bb) by striking paragraph (7) and inserting paragraph (5);
(ii) by transferring and redesignating subparagraph (C), as amended, to appear as subsection (b)(11) (and redesignating clauses (i) and (ii) of subsection (b)(11), as so transferred and redesignating, as subparagraphs (A) and (B), respectively);
(iii) in subparagraph (D) by striking or under subsection (b) for projects and inserting for eligible projects; and
(iv) by transferring and redesignating subparagraph (D), as amended, to appear as subsection (b)(12) (and redesignating clauses (i) through (vi) of subsection (b)(12), as so transferred and redesignated, as subparagraphs (A) through (F), respectively);
(C) by striking paragraph (3), as amended;
(D) by striking paragraph (4);
(E) in paragraph (5)—
(i) in the matter preceding subparagraph (A) by inserting shall after Secretary;
(ii) in subparagraph (A)—
(I) by striking shall consider and inserting for eligible projects described in paragraph (1)(B), give consideration to; and
(II) by striking ; and and inserting a period;
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (A) as subparagraph (B); and
(v) by inserting before subparagraph (B), as so redesignated, the following new subparagraph:
(A) for projects described under paragraph (1)(A), consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities; and
(F) by transferring and redesignating paragraph (5), as amended, to appear as subsection (b)(13);
(G) by striking paragraphs (6) through (8);
(H) by striking the subsection heading and inserting Definitions.—In this section:; and
(I) in paragraph (1)—
(i) by striking the enumerator and all that follows through In this subsection—;
(ii) in subparagraph (B) by striking in an eligible area;
(iii) in subparagraph (E)(ii) by striking the semicolon and inserting ; and;
(iv) by striking subparagraph (F); and
(v) by redesignating—
(I) subparagraph (A) as paragraph (1);
(II) subparagraph (B), as amended, as paragraph (2) (and redesignating clauses (i) through (vii) of paragraph (2), as so redesignated, as subparagraphs (A) through (G), respectively);
(III) subparagraphs (C) and (D) as paragraphs (3) and (4), respectively;
(IV) subparagraph (E), as amended, as paragraph (5) (and redesignating clauses (i) and (ii) of paragraph (5), as so redesignated, as subparagraphs (A) and (B), respectively); and
(V) subparagraph (G) as paragraph (6);
(5) in subsection (d)—
(A) by striking (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) and inserting (as defined in subsection (e)) or related infrastructure under subsection (b);
(B) by striking as described in section 5314(b)(2) (including and inserting , including;
(C) by striking programs) and inserting programs,; and
(D) by striking subsection (c)(3)(D) and inserting subsection (b)(12);
(6) by redesignating subsection (c) as subsection (e);
(7) by redesignating subsection (d) as subsection (c); and
(8) by inserting after subsection (c) the following:
(d) Competitive passenger ferry grants
(1) In general. The Secretary may make grants under this subsection to assist designated recipients, States, and local governmental entities in financing passenger ferry projects as such projects relate to capital projects to purchase, replace, or rehabilitate passenger ferries, terminals, and related facilities and equipment.
(2) Amounts available. For purposes of carrying out paragraph (1)—
(A) $125,000,000 is made available each fiscal year pursuant to section 5336(h)(1) for recipients of—
(i) grants made in urbanized areas; and
(ii) grants made in areas that are determined by the Secretary to serve rural and urbanized areas; and
(B) $25,000,000 is made available each fiscal year pursuant to section 5311(c)(1)(D) for recipients of grants in rural and insular areas.
(3) Grant requirements
(A) In general. A grant under this subsection shall be subject to the requirements of—
(i) section 5307 for recipients of grants described in paragraph (2)(A); and
(ii) section 5311 for recipients of grants described in paragraph (2)(B).
(B) Federal share of costs. Except as otherwise provided under this chapter, the Federal share of the cost of a project carried out under this subsection shall not exceed 80 percent.
(4) Award period. An amount made available to an applicant to carry out a project under this subsection—
(A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be recouped by the Secretary to remain available for future applicants.
(5) Limitations
(A) Maximum award amount. Of the amounts made available under paragraphs (2)(A) and (2)(B), not more than 10 percent may be awarded to a single applicant.
(B) Applicants in certain areas. An applicant for an award in an area described under paragraph (2)(A)(ii) may not compete for amounts made available to an area referenced in paragraph (2)(B) unless the project for which the application is made serves solely rural areas).
(6) Competitive process. The Secretary shall—
(A) not later than 90 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for projects on a competitive basis;
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications, and
(C) if insufficient eligible applications are received for projects in areas referenced in paragraph (2), the Secretary shall reapportion any remaining amounts of—
(i) the amounts described in paragraph (2)(A) to designated recipients under the urbanized area formula program in section 5336 in the following fiscal year; and
(ii) the amounts described in paragraph (2)(B) to States under section 5311 in the following fiscal year.
(7) Required disclosure. The Secretary shall—
(A) publicly disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding opportunity; and
(B) publish a publicly available summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection.
(8) Rural set-aside for new ferry service. Of the amounts made available for rural and insular areas under paragraph (2)(B), the Secretary may award not less than 10 percent of such amount for projects to establish passenger ferry service in rural areas and insular areas, unless the Secretary does not receive enough qualified applications for such projects.
(b) Clerical amendment. The analysis for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5339 and inserting the following:
5339. Grants for buses, bus facilities, and ferries.
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