BUILD America 250 is the bi-partisan surface transportation legislation introduced in the U.S. House of Representatives this past May, and approved by the House Transportation & Infrastructure Committee just days later. While hundreds of organizations have urged Congress to pass the BUILD America 250 Act, it continues to kick the can down the road. In late July the House approved a Continuing Resolution to keep the federal government funded through December 4, which gave some hope that the legislation could be approved prior to the current surface transportation legislation expiring on September 30.  As many feared, House leadership never brought it to the floor, and instead has extended current transportation funding until December 11, delaying the long-term certainty state DOTs, contractors, engineers and suppliers rely on to plan and deliver major infrastructure projects.

The good news for minority-owned businesses is the BA250 Act includes reauthorization of the Department of Transportation (DOT) Disadvantaged Business Enterprise (DBE) Program, and sets a "national, aspirational goal" of 10 percent to be achieved through good faith efforts by state and local governments. Consistent with USDOT’s recent interim final rule, the bill removes references to “discrimination” and minority- and women-owned businesses, instead citing “social and economic disadvantage” as the basis for continuing the program. The bill would instruct the U.S. Secretary of Transportation to develop “objective criteria” for states to use in evaluating individuals applying for DBE certification.

Like most surface transportation bills, BUILD America 250 is massive. The 1,000-page legislation, Building Unrivaled Infrastructure and Long-term Development for America’s 250th Act (BA250 Act/BUILD America 250), proposes $580 billion in funding for highway, transit, rail, and safety programs through September 30, 2031. It would make the largest federal investment in bridges – ever, and provides new revenue for the Highway Trust Fund (HTF). The HTF funds the maintenance, repair and building of U.S. highways and mass transit systems.

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