Congress stalls on BUILD America 250 Act as midterms loom

(The Center Square) – After punting the Sept. 30 deadline to extend federal highway infrastructure funding to December, Congress has all but shelved the bipartisan BUILD America 250 Act for now.

The five-year surface transportation reauthorization bill costing $580 billion cleared the House Transportation and Infrastructure Committee in May.

But House leadership never brought it to the floor, instead extending current transportation funding until Dec. 11, along with the rest of government appropriations.

Hundreds of organizations have urged Congress to pass the BUILD America 250 Act, including the American Public Transportation Administration, American Trucking Associations, and the American Council of Engineering Companies.

The 1,000-page legislation makes the largest federal investment in bridges and provides new revenue for the dwindling Highway Trust Fund for the first time in more than 30 years. The HTF funds the maintenance, repair and building of U.S. highways and mass transit systems.

Of the $580 billion authorized in the BUILD America 250 Act, $474 billion is guaranteed in immediate HTF contract authority. Congress must implement the remaining $106 billion via annual appropriations bills over the next five years in order for that money to be dispersed.

Railroad safety is a major bipartisan focus of the bill, which allocates $65 billion for the Federal Railroad Administration and doubles maximum fines for both one-time and repeat railroad safety violations.

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Those provisions, along with the last-minute inclusion of the Railway Safety Act, are in part a response to the derailment of a train carrying hazardous chemicals in East Palestine, Ohio, in 2023.

The Railway Safety Act would require at least two crew members on most freight trains and expand the use and physical placement of wayside defect detection technology. It particularly targets trains carrying hazardous materials by mandating improved braking systems and speed restrictions, among other measures.

The White House strongly supports the inclusion of the legislation, which closely resembles a bill that Vice President JD Vance, along with then Democratic Sen. Sherrod Brown, introduced during their terms as U.S. senators for Ohio.

It also supports the BUILD America 250 Act’s repeal of the Carbon Reduction Program, as well as the creation of the first federal framework for autonomous commercial motor vehicles, including “robotaxis” and delivery trucks.

As an additional Republican sweetener, the legislation also directs the Federal Highway Administration to require all states to collect a minimum annual registration fee of $130 for electric vehicles and $35 for plug-in hybrid vehicles.

The fees are meant to replace the gas taxes that EV owners do not pay, as well as address the increased wear and tear EVs inflict on roadways. Depending on energy capacity, the battery within an EV can weigh anywhere from 300 to 3,000 pounds, according to ACE Battery.

With the House not having scheduled a vote this week on the BUILD 250 Act, lawmakers won't pick it up again until after the 2026 midterm elections.