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. 10414. Blocked crossings

(a) Blocked crossing portal. Section 22404 of the Infrastructure Investment and Jobs Act (49 U.S.C. 22907 note) is amended—

(1) in subsection (a) by striking 3-year;

(2) by striking subsection (h) and inserting the following:

Text this section adds to the law

(h) Use of blocked crossing portal data for grant considerations

(1) In general. The Secretary may use the frequency and severity of verified blocked crossing incidents in the blocked crossing portal maintained under this section to evaluate projects that would reduce the frequency or severity of such incidents when selecting grant recipients under sections 22907 and 22909 of title 49, United States Code.

(2) Evaluation. In carrying out this subsection, the Secretary shall evaluate projects described in paragraph (1) in the following order:

(A) There are verified delays of more than 10 minutes affecting State or local emergency services and there are no alternate public highway-rail grade separation routes within a half mile by road.

(B) There are no alternate public highway-rail grade separation routes within a half mile by road.

(3) Blocked crossing incident defined. In this subsection, the term blocked crossing incident means a circumstance in which a train, locomotive, rail car, or other rail equipment is stopped in a manner that obstructs travel at a public highway-rail grade crossing, not caused by factors beyond the reasonable control of the railway operator.

; and

(3) by striking subsections (j) and (k) and inserting the following:

Text this section adds to the law

(j) Rule of construction. Nothing in this section may be construed to invalidate any authority of the Secretary with respect to blocked highway-rail grade crossings.

(b) Investigations of frequently blocked crossings

(1) In general. Based on an analysis of data submitted to the blocked crossing portal established and maintained under section 22404 of the Infrastructure Investment and Jobs Act (49 U.S.C. 22907 note), the Secretary shall take the following actions with respect to any public highway-rail grade crossing for which there have been 3 or more reported blocked crossing incidents within a 30-day period:

(A) Provide electronic notice to the railroad carrier that owns or operates over the public highway-rail grade crossing of the number and frequency of reported blocked crossing incidents.

(B) In consultation with the railroad carrier, which shall be required to maintain data for blocked crossings for not more than 60 days, examine the causes of the blocked crossing incidents.

(C) Identify and evaluate voluntary, practicable measures to reduce the frequency and duration of blocked crossing incidents at the grade crossing.

(D) Assess eligibility for Federal financial assistance, including under sections 22907 and 22909 of title 49, United States Code.

(E) Consider the availability and adequacy of alternative routes, including whether reasonably accessible and safe routes exist to allow the traveling public, including emergency responders, to circumvent the blocked crossing.

(2) Blocked crossing incident defined. In this subsection, the term blocked crossing incident means a circumstance in which a train, locomotive, rail car, or other rail equipment is stopped in a manner that obstructs travel at a public highway-rail grade crossing, not caused by factors beyond the reasonable control of the railway operator.

(c) Publication of blocked crossing information. Not later than 60 days after the date of enactment of this Act, the Federal Railroad Administration shall publish on the home page of the publicly-available website of the Administration an active link to the blocked crossing portal established and maintained under section 22404 of the Infrastructure Investment and Jobs Act (49 U.S.C. 22907 note).

(d) Railroad point of contact for blocked crossing matters. Section 20152 of title 49, United States Code, is amended by adding at the end the following:

Text this section adds to the law

(c) Railroad point of contact for blocked crossing matters. The Secretary shall make any telephone service established under subsection (a) publicly available on the website of the Department of Transportation.

(e) Public engagement. Not later than 1 year after the date of enactment, the Secretary shall engage with State and local emergency services to—

(1) provide accessible resources on best practices to reduce first responder delays at rail crossings;

(2) collaborate with railroads on identifying critical crossings for first responders and possible operational changes; and

(3) promote the adoption and increased use of real-time and predictive rail crossing information.

E Project Delivery

F Hazardous Materials Transportation