H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
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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

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

Sec. 10301. Intercity passenger rail equipment pools

(a) Contract authority. The Secretary may enter into agreements with an interstate rail compact for the purpose of establishing, managing, and financing multistate equipment pools for use in supporting the operation, expansion, and modernization of intercity passenger rail services.

(b) Terms. An agreement entered into under subsection (a) shall—

(1) establish rules governing the management, representation, membership, and financing of a multistate equipment pool among each State party to the interstate rail compact;

(2) include terms providing for the staffing, administrative, and other labor-related needs for the equipment pool;

(3) establish procedures through which additional States that join the interstate rail compact may be included in the agreement;

(4) include a plan governing the operations and management of the equipment pool, including with respect to each type of equipment in the equipment pool, allowable uses, standard leasing terms, insurance, and purchasing and maintenance financing;

(5) with respect to the procurement or acquisition of equipment for the equipment pool—

(A) include identification of acceptable contracting methods and required contract terms, including such methods and terms as the Secretary determines appropriate to ensure compliance with applicable legal requirements regarding competition and section 22905 of title 49, United States Code (commonly known as Buy America); and

(B) establish a set of engineering standards, technical standards, and design standards applicable to all such procurement or acquisition of common fleet rolling stock equipment;

(6) include such terms as are necessary for the interstate rail compact to—

(A) coordinate with manufacturers regarding supply chain management applicable to such equipment;

(B) facilitate the efficient order and delivery of such equipment; and

(C) ensure the design of such equipment meets the standards described in paragraph (5);

(7) receive technical support for the interstate rail compact from the Secretary, acting through the Administrator of the Federal Railroad Administration, and Amtrak; and

(8) include such additional terms as the Secretary determines appropriate.

(c) Third-party support services. In entering into an agreement under subsection (a), the Secretary may not prohibit an interstate rail compact from using a third-party entity to support the maintenance, distribution, oversight, and leasing of equipment and to manage the equipment pool.

(d) Technical support. The Secretary may develop procedures under which an interstate rail compact that enters into an agreement under subsection (a) may solicit technical support from the Secretary or Amtrak related to the engineering, standards, procurement of, and other matters related to the acquisition and maintenance of a rolling stock equipment pool, provided Amtrak charges a fair market rate for staff time used on providing technical support.

(e) Rule of construction. Nothing in this section shall be construed to—

(1) require the National Railroad Passenger Corporation to—

(A) make available any rolling stock equipment or facilities to any equipment pool established under this section; or

(B) enter into any agreement, contract, or other arrangement relating to the use, sharing, or allocation of such rolling stock, equipment, or facilities; or

(2) prohibit such Corporation from voluntarily taking action described in paragraph (1).

(f) Administrative funding. Section 22910 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4) by striking and at the end;

(B) in paragraph (5) by striking the period at the end and inserting ; and; and

(C) by adding at the end the following new paragraph:

Text this section adds to the law

(6) administration of a multistate equipment pool pursuant to an agreement under section 10301 of the BUILD America 250 Act.

(2) in subsection (b) by striking section in an amount exceeding $1,000,000 per year. and inserting

Text this section adds to the law

section—

(1) except as provided in paragraph (2), in an amount exceeding $1,000,000 per year; and

(2) for a grant authorized under subsection (a)(6), in an amount exceeding $5,000,000 per year.

(3) in subsection (c)—

(A) in paragraph (6) by striking and at the end;

(B) in paragraph (7) by striking the period at the end and inserting ; and; and

(C) by adding at the end the following new paragraph:

Text this section adds to the law

(8) with respect to an applicant that has entered into, or intends to enter into, an agreement for the operation of a multistate equipment pool under section 10301 of the BUILD America 250 Act—

(A) the costs related to the administration and operation of the multistate equipment pool;

(B) the size and scope of the entities party to the interstate rail compact that administers the multistate equipment pool; and

(C) any planned procurement and fleet management activities for the multistate equipment pool.

; and

(4) by striking subsection (e) and inserting the following:

Text this section adds to the law

(e) Letter of intent

(1) In general. The Secretary may issue to an applicant responsible for administering a multistate equipment pool under section 10301 of BUILD America 250 Act a letter of intent expressing the intent of the Secretary to provide multiyear funding under this section, subject to the availability of appropriations, for purposes related to the multistate equipment pool.

(2) Limitation. A letter of intent under paragraph (1) shall not give rise to—

(A) an obligation under sections 1108(c), 1501, and 1502(a) of title 31; or

(B) an administrative commitment for financing.

(g) Railroad rehabilitation and improvement financing eligibility. Section 22402 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (6) by striking and at the end;

(B) in paragraph (7) by striking the period at the end and inserting ; and; and

(C) by adding at the end the following new paragraph:

Text this section adds to the law

(8) an interstate rail compact that administers a multistate equipment pool under section 10301 of BUILD America 250 Act.

; and

(2) in subsection (b)(1)—

(A) in subparagraph (E) by striking or at the end;

(B) in subparagraph (F)(iv) by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

Text this section adds to the law

(G) to acquire or rehabilitate equipment for inclusion in a multistate equipment pool administered by an interstate rail compact under section 10301 of BUILD America 250 Act;

(H) to lease, or lease-to-own, intercity passenger rail equipment for use in such a multistate equipment pool; or

D Rail Safety and Innovation

E Project Delivery

F Hazardous Materials Transportation