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. 10429. Railroad Safety Advisory Committee

(a) In general. Subchapter I of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new section:

Text this section adds to the law

20124. Railroad Safety Advisory Committee

(a) In general. The Administrator of the Federal Railroad Administration shall maintain an advisory committee, to be known as the ‘Railroad Safety Advisory Committee’, for the purpose of providing advice and recommendations to the Administrator regarding safety and security problems by identifying the best solutions based on agreed-upon facts and providing advice for collaborative rulemaking or by providing non-regulatory recommendations on critical safety issues, the development of railroad safety regulatory programs, including the issuance of new regulations, review and revision of existing regulations, and identification of non-regulatory alternatives for improving railroad safety.

(b) Duties and score of activities

(1) In general. The Administrator, or the Designated Federal Officer, shall present the Rail Safety Advisory Committee with tasks relating to railroad safety and security.

(2) Recommendations. Through the Administrator, the Rail Safety Advisory Committee shall make recommendations to the Secretary of Transportation regarding rail safety.

(3) Requirement. The Rail Safety Advisory Committee shall address safety problems by identifying solutions based on agreed-upon facts and, where regulation appears necessary, identifying regulatory changes to implement such solutions.

(4) Capacity. The Rail Safety Advisory Committee shall act solely in an advisory capacity, and the advice and recommendations of the Committee shall be non-binding.

(c) Members

(1) In general. The Administrator shall be responsible for ensuring that the composition of the Rail Safety Advisory Committee consists of representatives of organizations that have a direct role in issues related to the safe transportation of passengers and freight by rail, including commuter railroads, freight railroads, organizations representing manufacturers of railroad equipment, organizations representing shippers, including organizations representing the shipment of liquid and gaseous flammable hazardous materials and other hazardous materials, organizations representing State departments of transportation, organizations representing railway workers, and organizations representing rail passengers, and local communities with rail lines.

(2) Requirement. The Rail Safety Advisory Committee shall include an equal number of representatives of railroad operators and their organizations and representatives of railway workers and their organizations.

(d) Staff. The Administrator may identify such staff as is necessary to support the functions of the Railroad Safety Advisory Committee to carry out the purpose described in subsection (a).

(e) Task-based working groups

(1) Tasks. The Administrator may request the Railroad Safety Advisory Committee establish a working group for the purpose of providing specific advice and recommendations regarding a task with respect to which the Administrator is considering acting.

(2) Working groups. If the Railroad Safety Advisory Committee, based on consideration and consensus of the members of the Committee, accepts a request under paragraph (1), the Railroad Safety Advisory Committee shall—

(A) establish a working group to develop consensus recommendations for the action the Administrator may take with respect to the task; and

(B) ensure the working group includes individuals that—

(i) possess the appropriate expertise to assess and develop such recommendations; and

(ii) are representative of the interests of stakeholders implicated by the task.

(f) Federal Railroad Administration required engagement. The Administrator shall meet quarterly with the Railroad Safety Advisory Committee to—

(1) consult with the Railroad Safety Advisory Committee regarding the development of railroad safety regulations of the Federal Railroad Administration;

(2) advise the Railroad Safety Advisory Committee on emerging issues, statutory requirements, and other identified needs with respect to railroad safety; and

(3) receive and discuss the views and recommendations of the Railroad Safety Advisory Committee in determining regulatory priorities of the Federal Railroad Administration.

(g) Designated Federal officer. The Designated Federal Officer shall be a full-time or permanent part-time Federal employee responsible for—

(1) ensuring the Rail Safety Advisory Committee activities comply with chapter 10 of title 5, including any rules and regulations implementing such chapter, agency administrative procedures, and any other applicable laws and regulations;

(2) approving or calling all meetings of the Rail Safety Advisory Committee or the subcommittees of the Committee;

(3) approving the agenda for the Committee;

(4) attending all Rail Safety and Advisory Committee and Subcommittee meetings for the duration of such meetings;

(5) fulfilling the requirements of under section 1009 of title 5;

(6) adjourning meetings when the Designated Federal Officer determines it to be in the public interest;

(7) chairing any meetings when so directed by the agency head;

(8) maintaining information on Rail Safety Advisory Committee activities and provide such information to the public on the Federal Railroad Administration’s public facing website, as applicable; and

(9) ensuring Rail Safety Advisory Committee and Subcommittee members, as applicable, receive the appropriate training for efficient operation and compliance with chapter 10 of title 5, including any rules and regulations implementing such chapter.

(h) Annual report to Congress. Beginning in the first calendar year after the date of enactment of this section, the Railroad Safety Advisory Committee shall submit to Congress an annual report summarizing the activities of the Railroad Safety Advisory Committee for the period covered by the report.

(i) Applicability

(1) In general. Except as provided in paragraph (2), chapter 10 of title 5 shall apply to the Railroad Safety Advisory Committee.

(2) Authorization. Notwithstanding section 1013 of title 5, the Railroad Safety Advisory Committee is authorized through September 30, 2031.

(b) Clerical amendment. The analysis for chapter 201 of title 49, United States Code, is further amended by inserting after the item relating to section 20123 the following:

Text this section adds to the law

20124. Railroad Safety Advisory Committee.

E Project Delivery

F Hazardous Materials Transportation