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
B Amtrak Reforms
C Passenger Rail Policy
(a) In general. Section 28103 of title 49, United States Code, is amended—
(1) in subsection (a)(2) by striking $200,000,000 and inserting $323,000,000; and
(2) in subsection (c) by striking $200,000,000 per accident or incident and inserting the amount described in subsection (a)(2).
(b) Adjustment of liability cap
(1) Adjustment. The limit on aggregate allowable awards described in section 28103(a)(2) of title 49, United States Code, shall be adjusted pursuant to this subsection every fifth year after the date of enactment of this Act.
(2) Working Group. The Secretary shall convene a working group to review the percentage of such adjustment and convene such working group during the third year of each 5-year period.
(3) Composition of Working Group. The Secretary shall ensure that the working group consists of representatives of the Federal Railroad Administration and at least 2 representatives from each of the following entities:
(A) Operators of intercity passenger rail services.
(B) Operators of commuter railroads or organizations representing commuter railroads.
(C) Relevant insurance providers or organizations representing relevant insurance industries.
(D) Advocates of victims of rail accidents or incidents or organizations representing those advocates.
(E) Organizations representing railroad employees.
(4) Recommendation of adjustment amount. Not later than 90 days after a working group is convened under paragraph (2), the working group shall submit to the Secretary a recommendation for a percentage by which the limit on aggregate allowable awards described in section 28103(a)(2) of title 49, United States Code, should be adjusted, after taking into consideration—
(A) any incidents or accidents for which the award reached such amount occurring within the previous 5-year period;
(B) the effect of safety technology or other changing factors on the risk of rail incidents or accidents within the previous 5-year period; and
(C) the severity of each accident or incident examined, including as measured by damages incurred.
(5) Determination. Not later than 90 days after the working group recommends an adjustment under paragraph (4), the Secretary shall, taking into account such recommendation—
(A) determine an appropriate adjustment amount, except that such adjustment may not be an increase of less than 2 percent or greater than 10 percent over the amount in effect as of the date on which the working group is convened; and
(B) provide public notice of such amount that contains an explanation for the amount described in subparagraph (A), including any justifications for deviating from the recommendation of the working group.
(6) Failure to reach a determination. If the working group fails to recommend an adjustment amount or the Secretary fails to publish an adjusted limit on aggregate allowable awards, then on January 1 of the fourth year, the limit on aggregate allowable awards shall be automatically increased by 10 percent and the Secretary shall provide appropriate public notice of such adjustment.
(7) Effective date. Any adjustment made by the Secretary pursuant to this subsection shall take effect on the date that is 1 year after the date on which the Secretary provides notice under paragraph (5)(B).
(c) Repeal. Section 11415 of the Passenger Rail Reform and Investment Act of 2015 (Public Law 114–94) is amended—
(1) in subsection (a) by striking the subsection designation and subsection heading; and
(2) by striking subsection (b).
D Rail Safety and Innovation
E Project Delivery
F Hazardous Materials Transportation