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 25101 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) by striking Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the and inserting The;
(B) in paragraph (4) by striking section 22210 and inserting section 22910;
(C) in paragraph (6) by striking and at the end;
(D) by redesignating paragraph (7) as paragraph (8); and
(E) by inserting after paragraph (6) the following:
(7) a process for preparing service development plans in accordance with subsection (d), while allowing for eligible entities described in subsection (b) to concurrently undertake project development work, including preliminary engineering and environmental activities, if the Secretary determines such eligible entity has the capability, authority, and experience to concurrently prepare such plan and undertake such work and has secured the required non-Federal funding to undertake such work; and
(2) in subsection (d)—
(A) in paragraph (1) by inserting projected operating revenue, which may include ticket prices, after operating speeds,;
(B) in paragraph (8)(E) by inserting maintenance before costs;
(C) in paragraph (11)—
(i) by striking benefits and inserting impacts; and
(ii) by striking and at the end;
(D) in paragraph (12) by striking the period at the end and inserting a semicolon; and
(E) by adding at the end the following:
(13) a description of the methodologies, assumptions, and factors used to determine each projection identified under paragraph (8), including a description of how market, economic, and other factors may affect each such projection and, if applicable, alternative projections;
(14) a financial contingency plan to account for unforeseen project cost increases or delays;
(15) if applicable, a description of other proposed modal alternatives to the proposed corridor, including a no-build alternative;
(16) if applicable, the effect of corridor service on freight rail, including, if necessary, a description of capital investments necessary to avoid conflicts with the movement of freight by rail; and
(17) an analysis of the amounts and identified source of non-Federal financial support for operations and maintenance.
(3) in subsection (e)—
(A) in the subsection heading by inserting and review after Consultation;
(B) in paragraph (4) by striking and at the end;
(C) in paragraph (5) by striking the period and inserting ; and;
(D) by redesignating paragraphs (1), (2), (3), (4), and (5) as subparagraphs (A), (B), (C), (D), and (F), respectively;
(E) by inserting after subparagraph (D) (as so redesignated) the following:
(E) entities implementing interstate rail compacts; and
(F) by striking shall consult with— and inserting the following:
shall—
(1) consult with—
; and
(G) by adding at the end the following:
(2) review the methodologies, assumptions, and factors used by an eligible entity in development of the financial plan required under subsection (d)(8) and—
(A) concur with such financial plan;
(B) if the Secretary determines that the projections and analysis included in such financial plan are partially supported by the analysis required in this section, grant conditional concurrence with the plan if—
(i) such eligible entity agrees to update such financial plan, as determined by the Secretary in coordination with the eligible entity; or
(ii) the Secretary determines the alternative projections provided pursuant to subsection (d)(13) are sufficient; or
(C) if the Secretary determines the description or alternative projections required under subsection (d)(13) are not supported by the analysis required in this section, allow such eligible entity to solicit a third-party review by a qualified entity with experience in estimating such projections and incorporate the projections from such review into such financial plan, and the Secretary may reimburse such eligible entity for any expenses incurred from such review using funds provided to carry out this section.
; and
(4) in subsection (g)—
(A) in the subsection heading by striking Project pipeline and inserting Reports;
(B) by redesignating paragraphs (1) through (7) as clauses (i) through (vii), respectively;
(C) by striking Not later than 1 year and inserting the following:
(1) Project pipeline report
(A) In general. Not later than 1 year
; and
(D) by adding at the end the following:
(B) Consideration. In specifying the order in which the Secretary would provide Federal financial assistance under subparagraph (A)(iii), the Secretary shall take into consideration the degree to which each eligible entity demonstrates that a project is supported by an acceptable degree of non-Federal financial commitment.
(C) Financial commitment. In determining whether a project is supported by an acceptable degree of non-Federal financial commitment for purposes of subparagraph (B), the Secretary shall consider—
(i) the credibility of forecasting methods used to estimate costs and utilization made by an eligible entity described in subsection (b);
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated to the purposes proposed; and
(iv) the extent to which the project has financial commitment that exceeds the required non-Federal share of the cost of the project.
(2) Project progress report. Not later than 1 year after the date of enactment of the BUILD America 250 Act, and quarterly thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Appropriations of the Senate a report that includes—
(A) a list of funds obligated to date for each corridor and corridor sponsor;
(B) a description of the service development plan for each project, including a summary of the cities to be served, future anticipated Federal financial and funding needs, and whether the service development plan has been completed or updated and the reason for such update;
(C) an estimated timeline for each corridor to successfully move through the steps of the program; and
(D) other issues identified by the Secretary important to the development of the proposed corridor and the rail transportation system.
(b) Limitation on future corridors. The Secretary may not select a proposal for the development of an intercity passenger rail corridor pursuant to section 25101(a) of title 49, United States Code, on or after October 1, 2031.
(c) Incorporation of updated requirements. The Secretary shall require eligible entities described in section 25101(b) of title 49, United States Code, that have not received a commitment of non-Federal matching funds for a corridor selected prior to the date of enactment of this Act to incorporate into a service development plan any additional requirements listed under section 25101(d) of such title, as added by subsection (a).
B Amtrak Reforms
C Passenger Rail Policy
D Rail Safety and Innovation
E Project Delivery
F Hazardous Materials Transportation