BUILD America 250 Act

(a) In general. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) Federal-aid highway program. For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of such title, section 134 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and the national highway freight and highway priority corridor program of section 167 of such title—

(A) $56,934,650,000 for fiscal year 2027;

(B) $57,532,010,000 for fiscal year 2028;

(C) $58,690,676,200 for fiscal year 2029;

(D) $59,785,644,724 for fiscal year 2030; and

(E) $60,943,911,618 for fiscal year 2031.

(2) Transportation infrastructure finance and innovation program. For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2027 through 2031.

(3) Bridge program. To carry out the grants for rebuilding America’s vital engineering structures program under section 124(a) of title 23, United States Code, $9,200,000,000 for each of fiscal years 2027 through 2031.

(4) Federal lands and Tribal transportation programs

(A) Tribal transportation program. For the tribal transportation program under section 202 of title 23, United States Code—

(i) $643,000,000 for fiscal year 2027;

(ii) $657,000,000 for fiscal year 2028;

(iii) $671,000,000 for fiscal year 2029;

(iv) $686,000,000 for fiscal year 2030; and

(v) $701,000,000 for fiscal year 2031.

(B) Federal lands transportation program

(i) In general. For the Federal lands transportation program under section 203 of title 23, United States Code—

(I) $464,000,000 for fiscal year 2027;

(II) $472,000,000 for fiscal year 2028;

(III) $480,000,000 for fiscal year 2029;

(IV) $488,000,000 for fiscal year 2030; and

(V) $496,000,000 for fiscal year 2031.

(ii) Allocation. Of the amount made available for a fiscal year under clause (i)—

(I) the amount for the National Park Service is—

(aa) $365,000,000 for fiscal year 2027;

(bb) $370,500,000 for fiscal year 2028;

(cc) $376,000,000 for fiscal year 2029;

(dd) $381,500,000 for fiscal year 2030; and

(ee) $387,500,000 for fiscal year 2031;

(II) the amount for the United States Fish and Wildlife Service is $42,000,000 for each of fiscal years 2027 through 2031; and

(III) the amount for the Forest Service is—

(aa) $29,500,000 for fiscal year 2027;

(bb) $31,000,000 for fiscal year 2028;

(cc) $32,500,000 for fiscal year 2029;

(dd) $34,000,000 for fiscal year 2030; and

(ee) $35,500,000 for fiscal year 2031.

(C) Federal lands access program. For the Federal lands access program under section 204 of title 23, United States Code—

(i) $314,000,000 for fiscal year 2027;

(ii) $320,000,000 for fiscal year 2028;

(iii) $326,000,000 for fiscal year 2029;

(iv) $332,000,000 for fiscal year 2030; and

(v) $338,000,000 for fiscal year 2031.

(5) Territorial and Puerto Rico highway program. For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—

(A) $242,200,000 for fiscal year 2027;

(B) $247,400,000 for fiscal year 2028;

(C) $252,600,000 for fiscal year 2029;

(D) $257,800,000 for fiscal year 2030; and

(E) $263,000,000 for fiscal year 2031.

(b) Other programs

(1) Highway Trust Fund. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) Safe streets and roads for all program. To carry out the safe streets and roads for all program under section 155 of title 23, United States Code—

(i) $500,000,000 for fiscal year 2027;

(ii) $625,000,000 for fiscal year 2028;

(iii) $750,000,000 for fiscal year 2029;

(iv) $875,000,000 for fiscal year 2030; and

(v) $1,000,000,000 for fiscal year 2031.

(B) Surface transportation accelerator grant program. To carry out the surface transportation accelerator grant program under section 173 of title 23, United States Code, $2,400,000,000 for each of fiscal years 2027 through 2031.

(C) PROTECT grants. To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, $500,000,000 for each of fiscal years 2027 through 2031.

(D) Nationally significant Federal lands and Tribal projects

(i) In general. To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $55,000,000 for each of fiscal years 2027 through 2031.

(ii) Treatment. Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(2) General fund

(A) Nationally significant multimodal freight and highway projects. There is authorized to be appropriated to carry out the nationally significant multimodal freight and highway projects program under section 117 of title 23, United States Code, $1,200,000,000 for each of fiscal years 2027 through 2031.

(B) Bridge completion program. There is authorized to be appropriated to carry out the bridge completion program under section 124(b) of title 23, United States Code, $2,000,000,000 for each of fiscal years 2027 through 2031.

(c) Research, technology, and education authorizations

(1) In general. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) Highway research and development program. To carry out section 503(b) of title 23, United States Code—

(i) $149,940,000 for fiscal year 2027;

(ii) $152,938,800 for fiscal year 2028;

(iii) $155,997,576 for fiscal year 2029;

(iv) $159,117,528 for fiscal year 2030; and

(v) $162,299,878 for fiscal year 2031.

(B) Technology and innovation deployment. To carry out section 503(c) of title 23, United States Code—

(i) $112,200,000 for fiscal year 2027;

(ii) $114,444,000 for fiscal year 2028;

(iii) $116,732,880 for fiscal year 2029;

(iv) $119,067,538 for fiscal year 2030; and

(v) $121,448,888 for fiscal year 2031.

(C) Training and education. To carry out section 504 of title 23, United States Code—

(i) $26,520,000 for fiscal year 2027;

(ii) $27,050,400 for fiscal year 2028;

(iii) $27,591,408 for fiscal year 2029;

(iv) $28,143,236 for fiscal year 2030; and

(v) $28,706,101 for fiscal year 2031.

(D) Intelligent transportation systems program. To carry out sections 512 through 518 of title 23, United States Code—

(i) $112,200,000 for fiscal year 2027;

(ii) $114,444,000 for fiscal year 2028;

(iii) $116,732,880 for fiscal year 2029;

(iv) $119,067,538 for fiscal year 2030; and

(v) $121,448,888 for fiscal year 2031.

(E) University transportation centers program. To carry out section 5505 of title 49, United States Code—

(i) $83,640,000 for fiscal year 2027;

(ii) $85,312,800 for fiscal year 2028;

(iii) $87,019,056 for fiscal year 2029;

(iv) $88,759,437 for fiscal year 2030; and

(v) $90,534,626 for fiscal year 2031.

(F) Bureau of transportation statistics. To carry out chapter 63 of title 49, United States Code—

(i) $27,250,000 for fiscal year 2027;

(ii) $27,500,000 for fiscal year 2028;

(iii) $27,750,000 for fiscal year 2029;

(iv) $28,000,000 for fiscal year 2030; and

(v) $28,250,000 for fiscal year 2031.

(2) Administration. The Administrator of the Federal Highway Administration shall—

(A) administer the programs described in subparagraphs (A), (B), and (C) under paragraph (1); and

(B) in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).

(3) Applicability of title 23, United States Code. Amounts authorized to be appropriated by paragraph (1) shall—

(A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary; and

(B) remain available until expended and are not transferable, except as otherwise provided by this Act.

(d) Pilot programs. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) Wildlife crossings. For the wildlife crossings pilot program under section 171 of title 23, United States Code, $80,000,000 for each of fiscal years 2027 through 2031.

(2) Truck parking. For the truck parking pilot program under section 180 of title 23, United States Code, $150,000,000 for each of fiscal years 2027 through 2031.

(e) Disadvantaged business enterprises

(1) Findings. Congress finds that—

(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, social and economic disadvantage and related barriers continue to pose significant obstacles for businesses owned by socially and economically disadvantaged individuals seeking to do business in federally assisted surface transportation markets across the United States;

(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C) Congress has received and reviewed documentation of the effects of social and economic disadvantage on individuals seeking to do business in federally assisted surface transportation markets from numerous sources, including congressional hearings and roundtables, scientific and other reports, news stories, written statements of barriers to participation by disadvantaged business owners, and related lawsuits, which show that efforts that fail to specifically consider socially and economically disadvantaged individuals are insufficient to address the problem;

(D) the documentation described in subparagraph (C) demonstrates that barriers remain for the full and fair participation in surface transportation-related businesses of socially and economically disadvantaged business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E) the documentation described in subparagraph (C) provides a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program.

(2) Small business concern defined. In this subsection:

(A) In general. The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

(B) Exclusions. The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $31,840,000, as adjusted annually by the Secretary for inflation.

(3) Amounts for small business concerns. A national, aspirational goal of not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, shall be set for expenditure through good faith efforts by recipients of Federal financial assistance through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4) Development of objective criteria

(A) In general. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and publish objective criteria to establish how State governments and unified certification programs will evaluate whether an individual qualifies as socially and economically disadvantaged under the program.

(B) Considerations. The criteria developed under subparagraph (A)—

(i) shall include the ability for an individual to demonstrate social and economic disadvantage by submitting evidence that would support a finding of the types of discrimination prohibited under Federal law; and

(ii) shall include the ability for an individual to submit evidence of specific instances of economic hardship, systemic barriers, and denied opportunities that impeded the individual from achieving educational progress or success, employment opportunities, or business opportunities (including access to capital).

(C) Periodic revision. The Secretary may periodically revise the objective criteria developed under subparagraph (A).

(5) Annual listing of disadvantaged business enterprises. Each State shall annually—

(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State;

(B) notify the Secretary, in writing, of the number of new small business concerns that have been certified in the State in the previous year; and

(C) provide the Secretary with such other information as the Secretary may require regarding the administration of the disadvantaged business enterprise program.

(6) Uniform certification

(A) In general. The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B) Inclusions. The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

(7) Reporting. The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A) information concerning disadvantaged business enterprise awards, commitments, and achievements;

(B) the process utilized and progress made by each unified certification program in the State to evaluate and recertify or decertify a small business concern under the criteria set by the Secretary, including periodic revision of the criteria for certification;

(C) the number of existing small business concerns recertified or decertified in fiscal years 2026 through 2031; and

(D) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(8) Compliance with court orders. Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(9) Sense of Congress on prompt payment of DBE subcontractors. It is the sense of Congress that—

(A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B) such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.

(f) Grant conditions. The Secretary may not terminate, withhold, or delay the execution of a grant agreement for a grant or award (in part or in whole) made using funds made available under this Act (or an amendment made by this Act) on the basis that the grant or award no longer effectuates non-statutory program goals or agency priorities, including pursuant to section 200.340(a)(4) of title 2, Code of Federal Regulations.