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) In general. Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance to State departments of transportation on proactively preventing anticompetitive bidding practices on Federal-aid highway projects.
(b) Contents. In issuing guidance under subsection (a), the Secretary shall—
(1) advise States on how to conduct frequent, regular, and systematic reviews and audits of procurements made over multiple years using specific statistics to identify anticompetitive bidding patterns; and
(2) encourage, to the maximum extent practicable, reduced reliance on historical data when developing engineer’s estimates.
(c) 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 to provide recommendations to revise Federal regulations to prevent and protect against anticompetitive practices in bidding on Federal-aid highway projects.
(2) Membership. The transportation rulemaking committee convened under paragraph (1) shall consist of members appointed by the Secretary, including representatives of—
(A) State departments of transportation;
(B) engineering associations;
(C) transportation construction associations;
(D) construction materials associations;
(E) labor organizations representing transportation workers;
(F) technology associations providing construction management software;
(G) an association representing businesses that participate in the program described in section 1101(e); and
(H) other stakeholders the Secretary determines appropriate.
(3) Report. Not later than 18 months after the date on which the transportation rulemaking committee is established under paragraph (1), the transportation rulemaking committee shall submit to the Secretary a report detailing the findings and recommendations developed under paragraph (1) on how to revise the regulations under sections 635.111, 635.112(f), 635.113, 635.114, and 635.115 of title 23, Code of Federal Regulations, or other related regulations, considering the following:
(A) Methods to reduce or eliminate reliance on historical data as the sole basis of engineer’s estimates when developing such estimates.
(B) Best practices for States to routinely review and audit procurements to identify anticompetitive bidding patterns.
(C) Techniques for States to address potential instances of anticompetitive bidding on Federal-aid highway projects.
(D) Costs associated with potential anticompetitive bidding patterns.
(4) Recommendations. Not later than 9 months after the date on which the transportation rulemaking committee submits the report under paragraph (3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—
(A) a summary of the findings and recommendations described in such report; and
(B) for each such recommendation—
(i) the Secretary intends to implement, a description for the implementation plan of the Secretary and a timeline for implementation; and
(ii) the Secretary does not plan to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
(5) Notice of proposed rulemaking. The Secretary shall issue a notice of proposed rulemaking for any regulatory changes recommended by the transportation rulemaking committee that the Secretary intends to implement.
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