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
D Rail Safety and Innovation
(a) Supporting information transparency and quality
(1) In general. Subchapter I of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
20122. Supporting information transparency and quality
(a) Supporting information transparency
(1) In general. Except as otherwise provided under paragraph (3), the Secretary of Transportation shall place, in the appropriate docket, supporting information described in paragraph (2), including associated analysis, that is used by the Department of Transportation in relation to a proposed rule issued pursuant to this subtitle on the date such proposed rule is published in the Federal Register.
(2) Supporting information. The supporting information and analyses described in paragraph (1) shall include—
(A) the data and sources on which the regulation and regulatory analysis is based; and
(B) relevant technical and scientific findings.
(3) Exception. The Secretary may not publish supporting information that is security-sensitive, privileged information or confidential business information pursuant to this subsection.
(b) Supporting information quality
(1) In general. The Secretary shall, as practicable, ensure that a rule proposed or adopted pursuant to this subtitle is informed by supporting information that the Secretary determines to be reasonably obtainable supporting information, and any associated analysis, concerning—
(A) the need to be addressed; and
(B) how the rule addresses the need.
(2) Information quality. To the extent practicable, utilizing reasonably obtainable supporting information required under paragraph (1), the Secretary shall consider—
(A) up-to-date and relevant data;
(B) validated models and formulas; and
(C) independent, peer-reviewed—
(i) studies, including statistically significant findings; and
(ii) scientific, technical, and economic findings, including, statistically significant findings.
(2) Clerical amendment. The analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20121 the following:
20122. Supporting information transparency and quality.
(b) Performance-Based regulations
(1) In general. Subchapter I of chapter 201 of title 49, United States Code, is further amended by adding at the end the following:
20123. Performance-based regulations
(a) In general. In conducting a rulemaking activity pursuant to this subtitle, the Secretary of Transportation shall consider using an approach to the rule that specifies performance objectives rather than an approach that identifies or requires the specific manner of compliance that a regulated person or entity must adopt.
(b) Justification. If the Secretary does not use the approach described in subsection (a), the Secretary shall include in the summary section of the preamble of the rulemaking—
(1) a statement that the selected approach is prescriptive or nonperformance-based; and
(2) a justification for the prescriptive or nonperformance-based approach, as applicable, including an explanation of the reasons for the selection of an approach other than the approach described in paragraph (1).
(2) Clerical amendment. The analysis for chapter 201 of title 49, United States Code, is further amended by inserting after the item relating to section 20122 the following:
20123. Performance-based regulations.
E Project Delivery
F Hazardous Materials Transportation