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. Chapter 229 of title 49, United States Code, is amended by adding at the end of the following:
22911. Emergency relief
(a) General authority. The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, may make grants and enter into contracts and other agreements with an eligible entity for an eligible operating expense or a capital project to replace, rehabilitate, or repair rail infrastructure, equipment, or facilities if the Secretary determines such infrastructure, equipment, or facilities are in a danger of suffering catastrophic damage, or have suffered catastrophic damage, as a result of an emergency.
(b) Eligible entities. The following entities are eligible to receive financial assistance under this section:
(1) A State (as such term is defined in section 22701).
(2) A public agency.
(3) A publicly chartered authority established by 1 or more States.
(4) A political subdivision of a State.
(5) A Class II railroad or Class III railroad (as such terms are defined in section 20102) or a holding company of such railroad.
(6) An intercity passenger railroad.
(c) Terms. In making grants under subsection (a), the Secretary may make grants on a reimbursable basis or advance funding basis.
(d) Coordination of emergency funds
(1) Use of funds. Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.
(2) No effect on other government activity. The provision of funds under this section shall not affect the ability of any other agency of the Government, a State agency, a local governmental entity or organization, or person to provide any other funds otherwise authorized by law, except that no person, business concern, or other entity shall receive assistance with respect to any part of a loss as to which such person, business concern, or other entity has received financial assistance under any other program or from insurance or any other source.
(3) Notification. The Secretary shall notify the Administrator of the Federal Emergency Management Agency of the purpose and amount of any grant made or contract or other agreement entered into under this section.
(e) Grant requirements
(1) In general. A grant awarded under this section that is made to address an emergency shall be
(A) subject to the terms and conditions the Secretary determines are necessary; and
(B) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Oversight funds. The Secretary may retain up to one-half of 1 percent of the funds appropriated under this section to fund the costs of project management oversight by the Secretary.
(f) Government share of costs
(1) Capital projects. A grant, contract, or other agreement for a capital project under this section shall be for not more than 80 percent of the project cost, as determined by the Secretary.
(2) Non-Federal share. The non-Federal share of the project cost shall be provided in cash, equipment, or supplies.
(3) Waiver. The Secretary may waive, in whole or part, the non-Federal share under this subsection.
(g) Limitation
(1) In general. Project costs under this section shall be limited to the scope of damage caused by the respective emergency.
(2) Determination. In the case of a project that included damage preexisting the respective emergency, the Secretary shall make a determination on the amount or percentage of the damage preexisting such emergency.
(3) Eligibility. The Secretary may not provide financial assistance under this section to any entity described in paragraphs (1) through (4) of subsection (b) for emergencies described under subsection (i)(1)(B)
(h) Insurance
(1) Requirements. As a condition of receiving assistance under this section, an applicant shall—
(A) submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application;
(B) certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application; and
(C) maintain any insurance required under Federal law, including hazard insurance, flood insurance, or other coverage as applicable.
(2) Compliance. A recipient that fails to maintain insurance after receiving assistance under this section shall be ineligible to receive any assistance under this program for any future emergency, with respect to the structure or facility for which such insurance is required, until the Secretary determines that the recipient has come into compliance.
(i) Definitions. In this section:
(1) Emergency. The term emergency means a natural catastrophe affecting a wide area, including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, or wildfire, or a catastrophic failure from any external cause, as a result of which—
(A) the Governor of a State has declared an emergency and the Secretary has concurred; or
(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief Emergency Assistance Act (42 U.S.C. 5170).
(2) Eligible capital project. The term eligible capital project means a project to bring rail infrastructure, equipment, or facilities used for providing rail service into a state of good repair.
(3) Eligible operating expense. The term eligible operating expense means an operating expense related to any evacuation carried out immediately prior to or following an emergency.
(b) Clerical amendment. The analysis for chapter 229 of title 49, United States Code, is amended by inserting after the item relating to section 22910 the following:
22911. Emergency relief.
B Amtrak Reforms
C Passenger Rail Policy
D Rail Safety and Innovation
E Project Delivery
F Hazardous Materials Transportation