H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
Follow this bill

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. 1112. Surface transportation block grant program

(a) In general. Section 133 of title 23, United States Code, is amended—

(1) by striking low water crossing and inserting low-water crossing each place it appears;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (E) by striking section 1401 of MAP–21 (23 U.S.C. 137 note) and inserting section 180;

(ii) in subparagraph (F) by striking and at the end;

(iii) in subparagraph (G) by striking the period and inserting ; and; and

(iv) by adding at the end the following:

Text this section adds to the law

(H) infrastructure to improve the ability of an existing surface transportation asset to—

(i) withstand 1 or more elements of a weather event or natural disaster; or

(ii) increase the resilience of surface transportation infrastructure from the impacts of natural disasters.

(B) in paragraph (7) by striking ,, and inserting a comma;

(C) in paragraph (11) by inserting and rail before planning;

(D) in paragraph (16) by inserting , and digital infrastructure before the period at the end;

(E) by redesignating paragraphs (5) through (24) as paragraphs (4) through (23), respectively; and

(F) by adding at the end the following:

Text this section adds to the law

(24) Projects described in subsections (a), (d), and (e) of section 176.

(25) Planning, design, construction, and improvements associated with a passenger rail station or equipment that serves a State-supported route (as such term is defined in section 24102 of title 49).

(3) in subsection (c)—

(A) in paragraph (1) by striking a new bridge or;

(B) in paragraph (2) by striking paragraphs (5) through (15) and paragraph (23) of subsection (b) and inserting paragraphs (4) through (14) and paragraph (22) of subsection (b); and

(C) in paragraph (5) by striking by the Secretary and inserting in subsection (f)(1);

(4) in subsection (d)—

(A) in paragraph (1)(A) by striking 2022 through 2026 and inserting 2027 through 2031; and

(B) in paragraph (3)(A)(ii) by striking 2022 through 2026 and inserting 2027 through 2031;

(5) in subsection (e)(1) by striking 2022 through 2026 and inserting 2027 through 2031;

(6) in subsection (f)—

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

Text this section adds to the law

(1) Definitions. In this subsection:

(A) Low-water crossing. The term low-water crossing means a waterway crossing for a public road (other than a bridge) that has been improved to be—

(i) passable by vehicles during periods of ordinary stream flow; and

(ii) impassable by vehicles during periods of high stream flow.

(B) Off-system bridge. The term off-system bridge means a bridge or low water crossing that—

(i) is located on a public road that is not a Federal-aid highway; and

(ii) is greater than 6 feet in length.

(B) in paragraph (2)—

(i) by striking and (10) of subsection (b) and inserting and (9) of subsection (b);

(ii) by striking low water crossings with and inserting low-water crossings with; and

(iii) by striking subsection (b)(10) for low water crossings (as defined by the Secretary) and inserting subsection (b)(9) for low-water crossings; and

(C) in paragraph (3) by striking (as defined by the Secretary);

(7) in subsection (h)(7)—

(A) by redesignating subparagraph (C) as subparagraph (E); and

(B) by striking subparagraph (B) and inserting the following:

Text this section adds to the law

(B) Flexible financing. Notwithstanding section 120—

(i) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and

(ii) the Federal share of the cost of an individual project under this subsection may be up to 100 percent.

(C) Treatment as non-Federal share. Notwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if—

(i) a project that is otherwise eligible under this subsection includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Administrator of the Federal Highway Administration on the day before the date of enactment of the BUILD America 250 Act; and

(ii) the proposed project—

(I) supports State highway safety objectives as determined by—

(aa) the inclusion of an emphasis area related to vulnerable road users within a relevant State strategic highway safety plan; or

(bb) a description of the proposed project in a program of projects or strategies developed pursuant to section 148(l); or

(II) is included in a data-driven local roadway safety plan, including—

(aa) a complete streets prioritization plan described in section 11206 of the Surface Transportation Reauthorization Act of 2021 (23 U.S.C. 134 note);

(bb) a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an ADA Transition Plan);

(cc) a Tribal transportation safety plan; or

(dd) a comprehensive safety action plan (as defined in section 155).

(8) in subsection (j)(2) by inserting , a community in an urban area with a population of less than 10,000, after rural community;

(9) in subsection (k)(1)(B)(i) by striking 14501 and inserting section 14501; and

(10) by adding at the end the following:

Text this section adds to the law

(l) Limitation on planning requirements. Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan in a metropolitan transportation plan under section 134 or a long-range statewide transportation plan under section 135, as applicable.

(m) Rail limitation. Not more than 5 percent of the funds apportioned to a State under section 104(b)(2) may be used for a project described in subsection (b)(25) that was not eligible under this section on the date prior to the date of enactment of the BUILD America 250 Act.

(b) Transferability. Section 126(b)(2)(B) of title 23, United States Code, is amended—

(1) in clause (i) by striking the semicolon at the end and inserting a period;

(2) by striking Secretary and all that follows through held and inserting State certifies to the Secretary that the State held; and

(3) by striking clauses (ii) and (iii).

(c) Conforming amendment. Section 165(c)(7) of title 23, United States Code, is amended by striking section 133(b)(13) and inserting section 133(b)(12).

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