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

C Commercial Motor Vehicle Safety

D Household Goods Shipping Consumer Protection Reform

E Safe Integration of Autonomous Commercial Motor Vehicles

VI Innovation

Sec. 6009. Prohibition related to certain foreign-made LiDAR technology

(a) Definitions. In this section:

(1) Covered foreign country; covered LiDAR company; Covered LiDAR technology; LiDAR. The terms covered foreign country, covered LiDAR company, covered LiDAR technology , and LiDAR have the meanings given those terms in section 164(e) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (10 U.S.C. note prec. 4651; Public Law 118–159).

(2) Recipient. The term recipient means a person or entity, including a State or local governmental authority, that receives Federal financial assistance from the Department.

(3) Subrecipient. The term subrecipient means a person or entity, including a State or local governmental authority, that receives Federal financial assistance indirectly from the Department through a recipient for purposes of carrying out a contract or an award agreement, including a loan.

(b) Prohibition on use or procurement of certain LiDAR

(1) In general. Except as provided in paragraph (3), the Secretary may not—

(A) procure or obtain—

(i) any covered LiDAR technology;

(ii) any LiDAR technology otherwise produced or provided by a covered LiDAR company; or

(iii) any LiDAR technology produced in or provided by a covered foreign country; or

(B) enter into, extend, or renew a contract, award agreement, or loan with any entity unless the entity certifies to the Secretary that no recipient or subrecipient party to the relevant contract, award agreement, or loan will obligate or expend Federal financial assistance associated with such contract, award agreement, or loan to procure or obtain covered LiDAR technology described in clause (ii) or (iii) of subparagraph (A).

(2) Waiver. The Secretary may waive the prohibition under paragraph (1) on a case-by-case basis by submitting to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days before the applicable activity is carried out—

(A) a written certification that the activity to which the prohibition applies and for which a waiver will be provided is in the national interest of the United States; and

(B) a description of the activity for which the waiver will be provided.

(3) Exemption. Paragraph (1) shall not apply to any grant, operation, procurement, or contracting action that is—

(A) performed by a Federal agency or through a contract or subcontract on behalf of a Federal agency;

(B) determined by the Secretary to be used for transportation safety purposes, including testing, research, evaluation, analysis, investigation, or training related to transportation safety; and

(C) not for commercial operations.

(c) Effective date. The prohibition under subsection (b) shall only apply to a written agreement, grant agreement, or contract entered into by the Secretary on or after the date that is 1 year after the date of enactment of this Act.

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