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
B Improved Project Delivery and Environmental Streamlining
C Miscellaneous
(a) Modernizing roadside safety hardware policies
(1) In general. The Secretary may not issue a Federal-aid reimbursement eligibility letter under the Federal-aid highway program to a person or entity for a new roadside safety hardware device that does not meet the applicable crash test criteria set forth in the most recent version of the manual of the American Association of State Highway and Transportation Officials titled Manual for Assessing Safety Hardware, Second Edition (referred to in this section as MASH) or any successor industry standard.
(2) Termination of prohibition. Paragraph (1) shall cease to apply on the date that the final rule associated with the rulemaking described in subsection (b)(5)(B) is effective.
(3) Supplemental materials. In addition to materials specified by the Secretary, beginning on the date of enactment of this Act, a requestor for a letter described in paragraph (1) shall certify, in a manner satisfactory to the Secretary, that all installation manuals or instructions relating to a roadside safety hardware device are up-to-date and publicly available and utilize plain writing (as such term is defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)) for use by individuals in States and territories.
(b) Transportation rulemaking committee
(1) Establishment. Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee, pursuant to section 102(k) of title 49, United States Code, to review and develop findings and recommendations to increase the safety and performance of roadside safety hardware devices.
(2) Membership. The transportation rulemaking committee convened under paragraph (1) shall consist of members appointed by the Secretary, including—
(A) representatives of an association representing State highway officials;
(B) representatives of the traffic safety industry, including manufacturers of roadside safety hardware devices and roadside safety hardware technologies;
(C) representatives from up to 4 State highway safety offices from different geographic regions;
(D) representatives of roadway safety advocacy organizations;
(E) representatives of relevant research organizations or academia;
(F) representatives of labor organizations representing roadway construction workers;
(G) representatives of transportation construction associations; and
(H) other representatives, as determined appropriate by the Secretary.
(3) Considerations. The transportation rulemaking committee convened under paragraph (1) shall consider, at a minimum, the following:
(A) The extent to which roadside safety hardware devices on the National Highway System utilize MASH crash test standards, including such devices procured and installed with Federal and non-Federal funds.
(B) The extent to which plain writing (as such term is defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)) is utilized in installation manuals or instructions associated with a roadside safety hardware device for use by individuals responsible for installing such devices.
(C) Potential changes to administrative guidance documents and policies as such changes relate to roadside safety hardware devices to improve Federal agency oversight of such devices and communication with State departments of transportation, including examining how data is collected following in service performance evaluations.
(D) Whether the Federal Highway Administration should require third-party verification of laboratory testing of roadside safety hardware devices to determine crashworthiness.
(E) Whether the most up-to-date MASH crash test standards for roadside safety hardware devices effectively mitigate roadway vehicle departure for a modern vehicle fleet and roadway conditions and ensure vehicle occupant protection in the event of a crash.
(4) Random sampling. In carrying out subparagraphs (A) and (B) of paragraph (3), the rulemaking committee may evaluate a random sampling of roadside safety hardware devices, including such devices procured and installed with Federal and non-Federal funds, from across all regions.
(5) Report and regulations
(A) Report. Not later than 1 year after the transportation rulemaking committee under paragraph (1) convenes, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report based on the findings of the transportation rulemaking committee.
(B) Rulemaking required. Not later than 1 year after the Secretary submits the report under subparagraph (A), the Secretary shall issue an advanced notice of proposed rulemaking establishing regulations to require the installation of roadside safety hardware devices on the National Highway System that are compliant with the most up-to-date crashworthiness standards, among other requirements.
(C) Contents of rulemaking. In issuing the notice of proposed rulemaking required under subparagraph (B), the Secretary—
(i) shall require, at a minimum—
(I) roadside safety hardware devices to be compliant with the most up-to-date crashworthiness standards, as determined by the Secretary;
(II) the adoption of laboratory testing of roadside safety hardware devices to determine crashworthiness and safety performance;
(III) the adoption of in-service maintenance standards for such devices; and
(IV) the adoption of a standardized means of collection of performance data resulting from in-service performance evaluations of such devices; and
(ii) may incorporate by reference 1 or more requirement under clause (i).
(c) Eligibility letters. The Secretary, upon issuance of the final rule associated with the rulemaking described in subsection (b)(5)(B), may not issue a Federal-aid reimbursement eligibility letter under the Federal-aid highway program to a person or entity for a roadside safety hardware device.
(d) Roadside safety hardware device defined. In this section, the term roadside safety hardware device means a device that reduces the consequences of a vehicle departure from the roadway by containing, redirecting, or decelerating such vehicle to a safe stop, including guardrails, cable barriers, bridge barriers, crash cushions, support structures, and work zone devices.
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