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

Sec. 1109. Emergency relief

(a) In general. Section 125 of title 23, United States Code, is amended—

(1) in subsection (d)—

(A) in paragraph (2)—

(i) in subparagraph (A)(ii) by inserting or is a protective feature described in paragraph (3)(B) after natural disasters; and

(ii) by adding at the end the following:

Text this section adds to the law

(C) Improvement. An improvement that is part of a project under this section shall be considered economically justifiable by the Secretary if a State transportation department includes, with an application submitted under this section, a supporting narrative explanation demonstrating that the anticipated benefits of the improvement will exceed the costs.

(B) in paragraph (3)(A) by striking that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters and inserting described in subparagraph (B); and

(C) by adding at the end the following:

Text this section adds to the law

(6) Exception to application deadline. Notwithstanding paragraph (1)(B), the Secretary may accept an application from a State transportation department after the 2-year deadline described in such paragraph if the Secretary finds that such application was delayed due to the lack of necessary permits or approvals relating to the repair or reconstruction of highways on Federal-aid highways.

; and

(2) by adding at the end the following:

Text this section adds to the law

(h) Deadline for construction obligation

(1) In general. Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the fourth fiscal year after the later of—

(A) the date on which the Governor of the State declared the emergency, as described in subsection (d)(1)(A); or

(B) the date on which the President declared a major disaster, as described in subsection (d)(1)(A).

(2) Extension of deadline. The Secretary may extend the deadline under paragraph (1) for not more than 1 year, and may issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.

(3) Requirement. Notwithstanding paragraph (2), the Secretary shall extend the deadline under paragraph (1) for not more than 1 year, and shall issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary finds that a project under this section has been delayed due to the lack of necessary permits or approvals relating to the repair or reconstructing of highways on Federal-aid highways.

(b) Updates to emergency relief manual

(1) In general. Not later than 90 days after the date of enactment of this Act, the Secretary shall revise the emergency relief manual of the Federal Highway Administration to—

(A) reflect amendments made by subsection (a); and

(B) to include objective reimbursement thresholds and measurement procedures for debris removal and signal repairs.

(2) Training for States. The Secretary, acting through the Administrator of the Federal Highway Administration, shall provide to State departments of transportation training relating to revisions made to the emergency relief manual pursuant to paragraph (1).

(3) Future updates to emergency relief manual. After completing the revisions required under paragraph (1), the Secretary shall update the emergency relief manual of the Federal Highway Administration not less frequently than once every 3 years.

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