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
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
(a) In general. Section 24911 of title 49, United States Code, is amended—
(1) by striking the heading and inserting National intercity passenger railroad partnership program;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (H) by striking through (G) and inserting through (H);
(ii) in subparagraph (F) by inserting or a lessee of a federally-owned transportation hub after States;
(iii) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
(iv) by inserting after subparagraph (F) the following:
(G) a rail carrier other than Amtrak that provides intercity rail passenger transportation;
; and
(B) by adding at the end the following:
(4) Operating assistance. The term operating assistance, with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.
(3) in subsection (b)—
(A) by striking involved;. and inserting involved; and;
(B) by striking competitive basis, to fund and inserting the following:
competitive basis, to—
(1) fund
; and
(C) by adding at the end the following:
(2) provide operating assistance under subsection (e) to eligible entities for the purpose of restoring, enhancing, or initiating intercity rail passenger transportation.
(4) in subsection (c)—
(A) in the heading by striking Eligible and inserting Capital;
(B) in the matter preceding paragraph (1) by striking under this section and inserting pursuant to subsection (b)(1); and
(C) by adding at the end the following:
(6) By an interstate rail compact, the procurement of rolling stock equipment for use in a multistate equipment pool, as well as costs related to the leasing, lease-to-own, maintenance, and storage of such equipment to create an equipment pool.
(7) The lease of equipment from a multistate equipment pool administered by an interstate rail compact, including leasing with an intent to own.
(5) in subsection (d)—
(A) in the heading by inserting Capital before Project;
(B) by striking under this section and inserting under subsection (b)(1) each place it appears;
(C) in paragraph (1)(A) by striking subsection (e)(1) and inserting subsection (f)(1);
(D) in paragraph (1)(B)(ii) by striking before the commencement of the project; and inserting and, if applicable, demonstrates such project is supported by an acceptable degree of non-Federal financial commitment before the commencement of the project;;
(E) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (ii) by striking an Amtrak route and inserting an intercity passenger rail route; and
(II) by striking clause (iii) and inserting the following:
(iii) for which an applicant demonstrates such project is partially supported by non-Federal financial commitment; and
; and
(ii) in subparagraph (B)—
(I) in clause (i)(II) by inserting projected operating revenue, that may include ticket prices after trip or transit time,;
(II) in clause (ii) by inserting , which shall include estimates of ridership, fare collection, and travel demand, after business plan; and
(III) in clause (vii) by striking the and at the end;
(F) by redesignating paragraph (3) as paragraph (4); and
(G) by inserting after paragraph (2) the following:
(3) in determining whether a project is supported by an acceptable degree of non-Federal financial commitment for purposes of paragraph (1) and (2), the Secretary shall consider—
(A) the credibility of forecasting methods used to estimate costs and utilization made by an applicant described in subsection (a)(1);
(B) existing grant commitments;
(C) the degree to which financing sources are dedicated to the purposes proposed; and
(D) the extent to which the project has financial commitment that exceeds the required non-Federal share of the cost of the project; and
(6) in subsection (f)—
(A) by striking this section each place it appears and inserting subsection (b)(1);
(B) in paragraph (2) by striking , except as specified under paragraph (4);
(C) by redesignating paragraphs (1) through (3) as subparagraph (A) through (C), respectively;
(D) by inserting before subparagraph (A), as so redesignated, the following:
(1) Capital projects. The following shall apply to capital projects described in subsection (b)(1):
; and
(E) by adding at the end the following:
(2) Operating assistance
(A) Restoring or initiating service. Grants described in subsection (e) for projects for restoring or initiating intercity passenger rail service may not exceed—
(i) 70 percent of the projected net operating costs for the first year of service;
(ii) 60 percent of the projected net operating costs for the second year of service;
(iii) 50 percent of the projected net operating costs for the third year of service;
(iv) 40 percent of the projected net operating costs for the fourth year of service; and
(v) 30 percent of the projected net operating costs for the fifth year of service.
(B) Enhancing service. Grants described in subsection (e) for projects for enhancing intercity passenger rail service may not exceed—
(i) 60 percent of the projected net operating costs for the first year of service;
(ii) 50 percent of the projected net operating costs for the second year of service;
(iii) 40 percent of the projected net operating costs for the third year of service;
(iv) 30 percent of the projected net operating costs for the fourth year of service; and
(v) 20 percent of the projected net operating costs for the fifth year of service.
(7) in subsection (g) by adding at the end the following:
(5) Applicability. This subsection shall not apply to projects described under subsection (e).
(8) in subsection (k)—
(A) by striking The Secretary may withhold up to and inserting the following:
(1) In general. The Secretary shall withhold
(B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; and
(C) by adding at the end the following:
(2) Applicability. This subsection shall not apply to funds appropriated on or after October 1, 2031.
(9) by redesignating subsections (h) through (k) as subsections (j) through (m), respectively;
(10) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;
(11) by inserting after subsection (d) the following:
(e) Operating assistance
(1) Application. An applicant for a grant under this subsection shall submit to the Secretary—
(A) a capital and mobilization plan that—
(i) describes any capital investments, service planning actions (including environmental reviews), and mobilization actions (including qualification of train crews) required for initiation, enhancement, or restoration of intercity rail passenger transportation; and
(ii) includes the timeline for undertaking and completing each of the investments and actions referred to in clause (i);
(B) an operating plan that describes the planned operation of the service, including—
(i) the identity and qualifications of the train operator;
(ii) the identity and qualifications of any other service providers;
(iii) service frequency;
(iv) the planned routes and schedules;
(v) the station facilities that are or will be used;
(vi) projected ridership, revenues, and costs;
(vii) projected operating revenue, which may include ticket prices;
(viii) descriptions of how the projections under clauses (vi) and (vii) were developed;
(ix) the equipment that is or will be used, how such equipment will be acquired or refurbished (if needed to operate new, enhanced, or restored service), and where such equipment is or will be maintained; and
(x) a plan for ensuring safe operations and compliance with applicable safety regulations;
(C) a funding plan that—
(i) describes the funding of initial capital costs and operating costs for the first 5 years of operation;
(ii) includes a commitment by the applicant to provide the funding described in clause (i) to the extent not covered by Federal financial assistance; and
(iii) describes the funding of operating costs and capital costs, to the extent necessary, after the first 5 years of operation; and
(D) a description of the status of negotiations and agreements with—
(i) each of the railroads or regional transportation authorities whose tracks or facilities are or would be used by the service;
(ii) the anticipated railroad carrier, if such carrier is not part of the applicant group; and
(iii) any other service providers or entities expected to provide services or facilities that are or will be used by the service, including any required access to Amtrak systems, stations, and facilities if Amtrak is not part of the applicant group.
(2) Prioritization. In awarding grants under this subsection, the Secretary shall give priority to applications—
(A) for which planning, design, any environmental reviews, negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have been completed or nearly completed;
(B) that include funding (including funding from railroads), or other significant participation by State, local, and regional governmental and private entities;
(C) that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the grant period;
(D) that would restore service over routes in an area affected by an emergency (as defined in section 5320);
(E) that would enhance connectivity and geographic coverage of the existing national network of intercity passenger rail service; and
(F) for routes selected under the Corridor Identification and Development Program.
(3) Limitations
(A) Duration. Federal operating grants authorized under this subsection for any individual intercity rail passenger transportation route may not provide funding for more than 5 years and may not be renewed.
(B) Eligibility. The Secretary may not renew operating assistance under this subsection for any project substantially similar to a project that received financial assistance under section 22908, as in effect on the day before the date of enactment of the BUILD America 250 Act.
(4) Use with capital grants and other Federal funding. A recipient of an operating assistance grant under this subsection may use such grant in combination with other Federal grants awarded that would benefit the applicable service.
(5) Coordination with Amtrak. If the Secretary awards a grant under this subsection to a rail carrier other than Amtrak, consistent with section 24711(c)(1), the Secretary may—
(A) require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities that are directly related to operations to such carrier, to the extent necessary to carry out the purposes of this subsection; and
(B) award an appropriate portion of the grant to Amtrak as compensation for such access.
(6) Conditions
(A) Grant agreement. The Secretary shall require a grant recipient under this subsection to enter into a grant agreement that requires such recipient to provide information regarding the route performance, financial, and ridership projections, and capital and business plans that Amtrak is required to provide, and such other data and information as the Secretary considers necessary.
(B) Termination. The Secretary may terminate any grant agreement upon—
(i) the cessation of the applicable service; or
(ii) the violation of terms of the grant agreement.
(C) Grant conditions
(i) Application. The Secretary shall require each recipient of a grant under this subsection to comply with the grant requirements of section 22905.
(ii) Exemption. The grant requirements of section 22903 shall not apply to grants awarded under this subsection.
; and
(12) by inserting after subsection (h), as so redesignated, the following:
(i) Limitation on Operating Assistance. The Secretary may withhold up to 5 percent of funds appropriated pursuant to this section in each fiscal year to carry out subsection (e).
(b) Conforming repeal of restoration and enhancement grants
(1) In general. Section 22908 of title 49, United States Code, is repealed.
(2) Clerical amendment. The analysis for chapter 229 of title 49, United States Code, is amended by striking the item related to section 22908.
(c) Treatment of prior awards for restoration and enhancement grants. The Secretary shall treat grants awarded before the date of enactment of this Act under section 22908 of title 49, United States Code, under the requirements of such section as in effect on the day before the date of enactment of this Act.
B Amtrak Reforms
C Passenger Rail Policy
D Rail Safety and Innovation
E Project Delivery
F Hazardous Materials Transportation