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
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
(a) Definitions. In this section:
(1) Cylinder. The term cylinder means any cylinder specified under any of sections 178.36 through 178.68 of title 49, Code of Federal Regulations (or successor regulations).
(2) Foreign manufacturer of cylinders; FMOC. The term foreign manufacturer of cylinders or FMOC means an entity that manufactures cylinders outside of the United States that are intended to be represented, marked, certified, or sold as qualified for use in transporting a hazardous material in commerce in the United States.
(3) In good standing. The term in good standing, with respect to an FMOC, means that the FMOC—
(A) is approved by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation); and
(B) has demonstrated 3 years of compliance with—
(i) part 107 of title 49, Code of Federal Regulations (or successor regulations); and
(ii) chapter 51 of title 49, United States Code.
(b) Approval of foreign manufacturers of cylinders
(1) In general. The Secretary shall promulgate regulations to provide that an approval provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), shall be for a period of not longer than 1 year, except as provided under paragraph (2).
(2) 5-year approval. The Secretary may provide a 5-year approval of an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), if the following requirements are met:
(A) The FMOC attests that none of the cylinders made by the FMOC are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(B) The Secretary determines that the FMOC is in good standing.
(3) Facility inspections
(A) Definition of obstructs. In this paragraph, the term obstructs means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection.
(B) Penalties. The Secretary may suspend or terminate an approval of an FMOC if the FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations (or a successor regulation).
(4) Interaction with other statutes, agreements, regulations. Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law.
(5) Other cause for suspension or termination. The Secretary may suspend or terminate an approval of an FMOC on determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law, including under subsection (e).
(c) Reevaluation by request for related violations
(1) In general. Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to establish a process, as determined by the Secretary, for any interested party to request a reevaluation of the approval of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), to review the accuracy and safety of the actions of the FMOC.
(2) Petition for reevaluation. The regulations promulgated under paragraph (1) shall allow an interested party to file a petition if that party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under subsection (e).
(d) Notice and comment for applications by foreign manufacturers of cylinders. On receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), the Secretary shall—
(1) publish notification of the application on the website of the Pipeline and Hazardous Materials Safety Administration in a timely manner; and
(2) provide not less than 30 days for public comment on the application prior to approval.
(e) Foreign manufacturers listing approvals. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Pipeline and Hazardous Materials Safety Administration a list of approved foreign manufacturers of cylinders and the duration of those approvals.
(f) Authorizing foreign inspections. Not later than 18 months after the date of enactment of this Act, the Secretary shall revise section 107.807(d) of title 49, Code of Federal Regulations—
(1) to require that in any case in which the Secretary determines there is good cause, an inspection under that section shall be carried out annually for such duration as the Secretary determines appropriate;
(2) to specify that a refusal of inspection under that section shall result in a loss of the status of in good standing;
(3) to allow the Secretary to request, at the discretion of the Secretary—
(A) production of test and production records; and
(B) random sample testing; and
(4) to allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary.