H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
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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

E Project Delivery

Sec. 10501. Pre-award authority

Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following:

Text this section adds to the law

314. Pre-award authority

(a) Pre-award authority. For grants awarded under chapters 229 and 249, concurrent with the award announcement, the Secretary may announce if a project is granted pre-award authority consistent with the requirements of part 200 of title 2, Code of Federal Regulations.

(b) Reimbursement

(1) In general. The Secretary may reimburse a grant recipient for costs incurred before the start date of an award or subaward that are directly pursuant to an award negotiation and in anticipation of an award in any case in which such costs are necessary for efficient and timely performance of the scope of the project.

(2) Allowable costs. Costs are allowable for reimbursement under paragraph (1) only—

(A) to the extent that such costs would have been allowed if incurred after the start date of such award; and

(B) with the written approval of the Secretary.

(3) Initial budget period. If reimbursement of costs under this subsection is approved, such costs shall be treated as having been expended during the initial budget period of the award unless otherwise specified by the agency or pass-through entity (as defined in section 200.1 of title 2, Code of Federal Regulations).

(4) Timeline for consideration. For any request for pre-award reimbursement submitted by an eligible recipient in connection with an award provided under this section, the Secretary shall, not later than 60 days after the submission of the request—

(A) make a determination to approve or deny such request; and

(B) provide written notification of such determination to the eligible recipient.

(5) Transparency. If the Secretary makes a determination to deny a request under paragraph (4)(A), the Secretary shall, not later than 3 days after making such determination, provide a written explanation of the denial to—

(A) the eligible recipient that submitted such request;

(B) the Committee on Transportation and Infrastructure of the House of Representatives; and

(C) the Committee on Commerce, Science, and Transportation of the Senate.

(c) Rule of construction. Nothing in this section may be construed to—

(1) require the Secretary or any instrumentality of the Federal Government to obligate an award or reimburse pre-award costs;

(2) require the Secretary to exercise pre-award authority for any project; or

(3) prevent the Administrator of the Federal Railroad Administration from conducting oversight of a project or pre-award project costs.

F Hazardous Materials Transportation