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) General limitation. Subject to subsection (e) and notwithstanding any other provision of law, the obligations for the Federal-aid highway and highway safety construction programs shall not exceed—
(1) $72,270,000,000 for fiscal year 2027;
(2) $73,045,000,000 for fiscal year 2028;
(3) $74,382,000,000 for fiscal year 2029;
(4) $75,657,000,000 for fiscal year 2030; and
(5) $76,996,000,000 for fiscal year 2031.
(b) Exceptions. The limitations under subsection (a) shall not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000);
(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of the SAFETEA–LU (23 U.S.C. 118 note), to the extent that funds obligated in accordance with such section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;
(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years);
(14) section 119 of title 23, United States Code (as in effect for fiscal years 2022 through 2026, but only in an amount equal to $639,000,000 for each of those fiscal years); and
(15) section 119 of title 23, United States Code (as in effect for fiscal years 2027 through 2031, but only in an amount equal to $639,000,000 for each of those fiscal years).
(c) Distribution of obligation authority. For each of fiscal years 2027 through 2031, the Secretary—
(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for the Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a previous fiscal year;
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of the amount not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (14) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(15) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying—
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such program for the fiscal year;
(5) subject to paragraph (6), shall distribute the obligation authority provided by subsection (a), less the aggregate amount not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for the Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United State Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year; and
(6) of the amounts calculated for a State under paragraph (5), distribute to any direct recipient designated under section 1113(d) located in such State, or proportionally located in such State—
(A) for a direct recipient located in 1 State, an amount of obligation authority described in section 1113(d)(4)(B); or
(B) for a direct recipient located in more than 1 State, a proportional amount of obligation authority described in section 1113(d)(4)(B).
(d) Redistribution of unused obligation authority. Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2027 through 2031—
(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during the fiscal year; and
(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during the fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and paragraph (1) under the heading Highway Infrastructure Program in title VIII of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1420), commonly referred to as the Bridge Formula Program.
(e) Applicability of obligation limitations to certain programs
(1) Transportation research programs
(A) In general. Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.
(B) Exception. Obligation authority made available under subparagraph (A) shall—
(i) remain available for a period of 4 fiscal years; and
(ii) be in addition to the amount of any limitation on obligations for the Federal-aid highway and highway safety construction programs for future fiscal years.
(2) Direct recipient metropolitan planning organizations
(A) In general. Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority apportioned under section 104(b)(6) of title 23, United States Code, that is directly allocated under section 1113(d)(4)(B) of this Act to a direct recipient designated under such section.
(B) Exception. Obligation authority made available under subparagraph (A) shall—
(i) remain available for a period of 2 fiscal years; and
(ii) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) Redistribution of certain authorized funds
(1) In general. Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2027 through 2031, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
(A) are authorized to be appropriated for the fiscal year for the Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.
(2) Ratio. Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).
(3) Availability. Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
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