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

B Miscellaneous

C Reorganization and Consolidation of Chapter 53

IV Highway Safety

V Motor Carriers

A General Provisions

B Commercial Motor Vehicle Operators

Sec. 5102. Restroom access

(a) Restroom access for drivers

(1) In general. Subchapter I of chapter 141 of title 49, United States Code, is amended by adding at the end the following:

Text this section adds to the law

14105. Restroom access for drivers

(a) In general. A covered driver shall be granted access to any covered restroom facility at any covered establishment to which such driver—

(1) delivers any goods or cargo to such covered establishment; or

(2) is waiting at such covered establishment to transport goods or for cargo to be loaded.

(b) Rule of construction. Nothing in this section shall be construed to require a covered establishment to make any physical changes to a covered restroom facility to be in compliance with this section.

(c) Definitions. In this section:

(1) Covered driver. The term covered driver means any commercial motor vehicle operator with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502.

(2) Covered establishment. The term covered establishment—

(A) means—

(i) a place of business open to the general public for the sale of goods or services; and

(ii) a shipper, receiver, manufacturer, warehouse, distribution center, or any other business entity that is receiving or sending goods by commercial motor vehicle; and

(B) does not include any structure such as a filling station, service station, or restaurant of 800 square feet or less that has a restroom located within such structure that is only intended for use by employees.

(3) Covered restroom facility. The term covered restroom facility means a restroom located on the premises of a covered establishment that is intended for use by customers or employees of the establishment and that is—

(A) located in an area where providing access would not create an obvious health or safety risk to a covered driver; and

(B) located in an area where providing access would not pose an obvious security risk to the covered establishment.

(2) Clerical amendment. The analysis for chapter 141 of title 49, United States Code, is amended by inserting after the item relating to section 14104 the following new item:

Text this section adds to the law

14105. Restroom access for drivers.

(b) Restroom access for drayage truck operators

(1) In general. A terminal operator shall provide a sufficient number of covered restrooms for use by covered drayage truck operators in areas of the terminal to which such operators typically have access.

(2) Requirements. To be in compliance with paragraph (1), a terminal operator shall provide—

(A) access to existing restrooms for covered drayage truck operators when such operators are on port property and when such access does not pose an obvious safety risk to such truck operators and other employees of the terminal operator in the area; and

(B) a place for covered drayage truck operators to park vehicles while accessing such restrooms.

(3) Definitions. In this subsection:

(A) Covered drayage truck operator. The term covered drayage truck operator means the driver of any in-use on road vehicle with a gross vehicle weight rating of greater than 33,000 pounds operating on or moving through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods.

(B) Covered restroom. The term covered restroom means a restroom or portable chemical toilet that is located in an area that does not pose an obvious health or safety risk to a covered drayage truck operator.

(C) Terminal operator. The term terminal operator—

(i) means the business entity operating a marine terminal for loading and unloading cargo to and from marine vessels; and

(ii) includes the port authority if the port is directly operating the marine terminal in loading and unloading cargo to and from marine vessels.

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