H.R. 8870

BUILD America 250 Act

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

D Rail Safety and Innovation

Sec. 10401. Rail bridge safety

(a) Rail bridge inspections. Section 20105 of title 49, United States Code, is amended—

(1) by striking facilities, in each place it occurs and inserting facilities, bridges,; and

(2) by striking facility, in each place it occurs and inserting facility, bridges,.

(b) Railroad bridge safety assurance. Section 417(d)(2) of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) is amended—

(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively;

(2) by striking subparagraph (A) and inserting the following:

Text this section adds to the law

(A) Requests from committees. The Chairman or Ranking Member of the Committee on Transportation and Infrastructure of the House of Representatives, or the Chairman or Ranking Member of Committee on Commerce, Science, and Transportation of the Senate, may file a request with the Secretary for a public version of the bridge inspection report generated under subsection (b)(5).

(B) Limitation. A State or political subdivision of a State may file a request with the Secretary for a public version of the bridge inspection report generated under subsection (b)(5), but may not file more than 50 such requests during any 6-month period.

; and

(3) in subparagraph (C), as so redesignated, by striking If the Secretary determines that the request is reasonable, the Secretary and inserting The Secretary.

(c) Rail bridge inspection reports. Not later than 2 years after the date of enactment of this Act, the Secretary shall update applicable regulations concerning inspection reports for railroad bridges under subsections (d)(2)(C) and (b)(5) of section 417 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) to ensure each report reflects whether inspected bridges meet minimum structural and safety standards, as determined by a qualified railroad inspector.

(d) Rail bridge safety concern reporting system. Section 20145 of title 49, United States Code, is amended to read as follows:

Text this section adds to the law

20145. Rail bridge safety concern reporting system

(a) Establishment. Not later than 2 years after the date of enactment of the BUILD America 250 Act, the Secretary of Transportation shall establish a system, to be known as the Rail Bridge Safety Concern Reporting System (referred to in this section as the System), through which State, local, Tribal, and territorial governmental entities may report safety concerns about the condition of railroad bridges.

(b) System development. In developing the System, the Secretary shall—

(1) streamline and simplify the data management process of the Department of Transportation; and

(2) require an entity making a report under the System to certify that the report is based on an observed or verifiable factor described in subsection (c)(1) by the official filing of the report.

(c) System functions

(1) Reporting safety concerns. The Secretary shall permit a State, local, Tribal, and territorial governmental entity to use the System to report to the Secretary a safety concern, regarding the condition of a railroad bridge, based on certain factors, including—

(A) extreme shaking or excess movement during the passage of a train or an extreme weather event;

(B) components of the railroad bridge falling onto surrounding areas; and

(C) any other factor that the Secretary determines to be significant to the structural or operational safety of the bridge.

(2) Investigations. If the Secretary determines a report submitted through the System describes a reasonable safety concern regarding the structural or operational safety of a bridge, the Secretary shall investigate such safety concern to determine the risk posed by the railroad bridge to—

(A) the operations of the railroad concerned;

(B) the safety of railroad workers;

(C) the safety of the general public; and

(D) the safety of individuals who traverse on, under, or near the railroad bridge, including pedestrians, cyclists, and individuals traveling by motor vehicle or boat.

(3) Repair or suspension of use. If the Secretary determines that a safety concern investigated pursuant to paragraph (2) poses a significant threat to the structural or operational safety of a railroad bridge or the safety of any of the parties described in subparagraphs (A) through (D) of paragraph (2), the Secretary shall direct the Administrator of the Federal Railroad Administration to coordinate with the railroad concerned to establish a plan that addresses the safety concern, which may include—

(A) requiring the immediate repair of the railroad bridge;

(B) imposing weight or speed restrictions on the bridge; and

(C) any restriction or prohibition ordered by the Secretary under section 20104(a), if the Secretary determines that such safety concern—

(i) involves an unsafe condition or practice, or a combination of unsafe conditions and practices; or

(ii) causes an emergency situation involving an imminent hazard of death, personal injury, or significant harm to the environment.

(d) Definitions. In this section:

(1) Railroad bridge. The term railroad bridge means any structure with a deck, regardless of length, that supports one or more railroad tracks, or any other undergrade structure with an individual span length of 10 feet or more located at such a depth that is affected by live loads.

(2) State. The term State has the meaning given the term in section 20167(c).

E Project Delivery

F Hazardous Materials Transportation