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
(a) In general. Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
181. Consolidated funding pilot program
(a) In general. Beginning in fiscal year 2028, the Secretary shall establish and carry out a pilot program to allow not more than 10 States to receive the base apportionment for the State in a lump sum, to be obligated and expended in accordance with this section.
(b) Criteria. The Secretary shall develop criteria for the selection of a State to receive a block grant under this Act, including requiring that each recipient State—
(1) meets minimum levels for the condition of pavement established by the Secretary under section 150(c)(3);
(2) meets minimum levels for the condition for bridges on the National Highway System as described in section 119(f)(2);
(3) uses a performance-based approach to transportation planning and programming for statewide and metropolitan planning areas to meet the requirements of sections 134, 135, and 150; and
(4) meets recertification requirements for State asset management plans for the National Highway System as described in section 119(e).
(c) Applications
(1) Request. The Secretary shall request applications for participation under this section in accordance with paragraph (2).
(2) Contents. An application submitted to the Secretary under this paragraph shall include a plan on how the State and each affected metropolitan planning organization will continue to meet, or make significant progress toward meeting, performance measures and standards under section 150(c).
(d) Use of block grant funds
(1) Eligibility. Funds made available to a State under this program shall be eligible for use for any project eligible—
(A) under the national highway performance program under section 119;
(B) under the surface transportation block grant program under section 133;
(C) under the highway safety improvement program under section 148;
(D) under the congestion mitigation and air quality improvement program under section 149;
(E) for metropolitan planning under section 134; and
(F) under the national highway freight and high priority corridor program under section 167.
(2) Allocations of apportioned funds to areas based on population
(A) Allocation. Of the total amount of funds provided under this section in a fiscal year for projects described under paragraph (1)—
(i) 25 percent shall be obligated under this section, in proportion to their relative shares of the population of the State—
(I) in urbanized areas of the State with an urbanized area population of over 200,000;
(II) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;
(III) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and
(IV) in other areas of the State with a population less than 5,000; and
(ii) the remainder may be obligated in any area of the State.
(B) Metropolitan areas. Funds attributed to an urbanized area under subparagraph (A)(i)(I) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
(C) Local consultation
(i) Consultation with metropolitan planning organizations. For purposes of subclause (II) of subparagraph (A)(i), a State shall—
(I) establish a new process or utilize the process established under clause (i) of section 133(d)(3)(A) to consult with all metropolitan planning organizations in the State that represent an urbanized area described in such clause; and
(II) describe how funds allocated for areas described in such clause will be allocated equitably among the applicable urbanized areas.
(ii) Consultation with regional transportation planning organizations. For purposes of subclauses (III) and (IV) of subparagraph (A)(i), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.
(D) Distribution among urbanized areas of over 200,000 population
(i) In general. Except as provided in clause (ii), the amount of funds that a State is required to obligate under subparagraph (A)(i)(I) shall be obligated in urbanized areas described in subparagraph (A)(i)(I) based on the relative population of the areas.
(ii) Other factors. The State may obligate the funds described in clause (i) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
(E) Applicability for planning requirements. Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.
(3) Obligation authority
(A) In general. A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals funds referred to under paragraph (2)(A)(i)(I) shall make available an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
(i) the aggregate amount of funds that the State is required to obligate in the area under paragraph (2) during the period; and
(ii) the ratio that—
(I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(B) Joint responsibility. Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A).
(e) Block grant selection
(1) Issuance. The Secretary shall provide grants under this section beginning with fiscal year 2028.
(2) Obligation authority. Nothing in this section shall be construed to increase an obligation limitation applied to funds made available under this section.
(3) Subsequent fiscal years. Subject to subsection (g)(2), the Secretary shall continue to apportion block grants to the awarded States.
(4) Sunset. The authority to provide grants under this section shall terminate on October 1, 2031.
(f) Progress report
(1) In general. Not later than 2 years after the first fiscal year in which funds are provided under this section, a State receiving funds shall submit to the Secretary a progress report on meeting, or making significant progress toward meeting, performance measures and standards under section 150(c).
(2) Guidance. Not later than 1 year after the initial funds are provided under this section, the Secretary shall promulgate guidance to lump sum recipients on requirements for submitting a progress report under paragraph (1).
(3) Review. If the Secretary finds that a State that received funds under this section did not meet, or achieve significant progress (as defined by the Secretary) toward target achievement of, all performance targets set in the report required under paragraph (1), the Secretary may not provide funds to such State under the program in the following fiscal year or 6 months after determination that the State failed to meet, or make significant progress toward target achievement, whichever is later.
(4) Transmission to Congress. Not later than 30 days after the date on which the Secretary receives a report from a State under paragraph (1), the Secretary shall transmit the progress report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(5) Rule of construction. Nothing in this section shall be construed to exempt a State from completing any other transportation plans required under this title.
(g) Treatment of law. Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.
(h) Definition of base apportionment. In this section, the term base apportionment has the meaning given the term in section 104(h).
(b) Clerical amendment. The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:
181. Consolidated funding pilot program.
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
F Hazardous Materials Transportation