Why it Matters
Federal highway, transit, and rail programs lose their authorization on September 30, 2026, when the Infrastructure Investment and Jobs Act expires. Without a successor law, hundreds of billions of dollars in federal transportation funding would go dark. The House Transportation and Infrastructure Committee is moving to prevent that with a full committee markup of the BUILD America 250 Act scheduled for Thursday, May 21, at 10:00 a.m. in 2167 Rayburn House Office Building.
The bill, formally titled the Building Unrivaled Infrastructure and Long-Term Development for America's 250th Act, is a five-year surface transportation reauthorization covering highways, transit, safety, freight, and passenger rail. It was introduced just two days before the markup, leaving little room for outside groups to mobilize opposition before the committee vote.
A Bipartisan Deal Under the Clock
Committee Chair Sam Graves Jr. (R-MO) and Ranking Member Rick Larsen (D-WA) announced a bipartisan agreement on the bill, a notable development given the current political climate. The bill text was released on May 18, 2026, and formally introduced on May 19, giving members and stakeholders roughly 72 hours to digest the legislation before the markup.
According to a Holland & Knight legal analysis, the bill includes what would be the first new revenue stream for the Highway Trust Fund in over three decades, by requiring all highway users, including electric vehicle (EV) drivers, to contribute to road funding. Rock Products Magazine described it as ensuring "all highway users pay their share," a provision that addresses a structural funding gap that has widened as EV adoption has grown and traditional gas tax revenues have stagnated.
The Highway Trust Fund mechanism is central to the bill's viability. The Infrastructure Investment and Jobs Act (IIJA), enacted in November 2021, authorized $567 billion in Highway Trust Fund and General Fund resources through fiscal year 2026, according to the Congressional Research Service. The BUILD America 250 Act markup is the committee's attempt to replace that framework before the clock runs out.
Criticism From the Left
The bipartisan framing has not insulated the bill from criticism. Transportation for America published a sharp rebuke on May 18, with Director Steve Davis arguing the bill "extends a failing status quo" that has not delivered on "core priorities of safety, state of repair, and making substantial investments beyond new highways." The group's critique reflects a persistent tension in transportation policy between highway-focused investment and multimodal alternatives.
The Rails-to-Trails Conservancy published a separate analysis warning that the bill "poses challenges for active transportation infrastructure despite protecting existing programs." Advocates for trails, bike lanes, and pedestrian infrastructure are signaling they may push for amendments during the markup.
The American Public Transportation Association released a fact sheet on May 17 summarizing the bill's transit provisions, noting it "consolidates and streamlines infrastructure programs" and includes provisions related to electric vehicles and Highway Trust Fund revenue.
The Markup and What Comes Next
The May 2026 House markup is a procedural step, but a consequential one. A successful committee vote would advance the bill to the House floor, where it would need to survive the full chamber before moving to the Senate. With the IIJA expiration now four months away, the timeline is tight. Any prolonged floor fight or Senate negotiation risks running past the September 30 deadline.
The committee's membership is large and ideologically diverse. Vice Chair Rick Crawford (R-AR) and Vice Ranking Member Emilia Sykes (D-OH) sit alongside members ranging from fiscal conservatives like Thomas Massie (R-KY) to progressives who may press for stronger safety and active transportation provisions. The breadth of the committee means amendments could come from multiple directions.
The bill's number was not filled in at the time the hearing was scheduled, listed only as "H.R. ____" in the committee's notice, underscoring how recently the legislation was finalized before the markup was called.
The Broader Legislative Landscape
The BUILD America 250 Act hearing arrives as Congress is consumed by budget reconciliation, making the bipartisan agreement between Graves and Larsen all the more notable. Transportation reauthorization bills have historically attracted broad support because they direct funding to every congressional district, but the compressed timeline and the scale of the legislation, five years of surface transportation policy, means members will have limited time to negotiate changes before the committee vote.
For the public, the stakes are direct. Federal highway and transit programs fund road construction and repair, public bus and rail systems, and safety improvements across the country. A lapse in authorization would not immediately halt ongoing projects funded under the IIJA, but it would create uncertainty for state transportation departments planning future work and could complicate federal grant programs that depend on active authorization.
Whether the committee can hold its bipartisan coalition together through the markup, and whether the full House can act before the summer recess, will determine how much time remains for a Senate negotiation before the September deadline.
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