Surface transportation bill approved by House committee

WASHINGTON — The House Transportation and Infrastructure Committee advanced its sweeping five-year transportation reauthorization bill early Friday morning after adding on a White House-backed rail safety provision — a twist that could complicate the bill’s support on the floor.

The vote to approve the measure was 62-2, overwhelmingly giving panel Chairman Sam Graves, R-Mo., and ranking member Rick Larsen, D-Wash., the bipartisan package they had intended. The committee considered roughly 160 amendments during a markup that lasted more than 15 hours. Reps. Scott Perry, R-Pa., and Jerrold Nadler, D-N.Y., voted against the bill.

The bill would authorize roughly $580 billion for highway and rail programs through fiscal 2031 and would supplement Highway Trust Fund cash with a new annual registration fee for owners of electric vehicles and plug-in hybrids.

“I think this is the most important surface transportation bill since President Eisenhower built the interstate system,” Graves said during the markup. “Whether you’re a Republican or a Democrat, this bill delivers for your district and your constituents.”

The measure, which the committee has dubbed the BUILD America 250 Act, is the latest iteration of the Biden-era 2021 infrastructure law, which is set to run out of funding in fiscal 2027.

“You can’t have a big-league economy with little-league infrastructure,” Larsen said. “My top priority this Congress was building on the momentum that the last bipartisan infrastructure law created for our transportation system and our economy, and that’s exactly what the BUILD America 250 Act does.”

Although the bill still received bipartisan backing, members of both parties said they had priorities that didn’t make it in the bill. Democrats tended to introduce amendments that aimed to boost transit and other Biden-era low emissions programs while Republicans pushed for language to ease certain regulations on industry.

Still, per a “four corner agreement” to hold debate on more controversial language until after the markup, Graves and Larsen largely voted in lockstep, voting down provisions they would typically back in a show of bipartisanship.

“It’s not perfect, but it’s a huge step forward, and it’s getting us back on the right track,” Rep. Bruce Westerman, R-Ark., said at the top of the markup.

Rail safety votes

The one moment of tension occurred when Rep. Troy Nehls, R-Texas, introduced an amendment to add rail safety language to the bill despite strong opposition from Graves.

The language, born out of the 2023 East Palestine, Ohio, train derailment, has been in limbo for years — especially after then-Sen. JD Vance, an Ohio Republican and strong supporter of the measure, left Congress to become vice president.

Nehls’ amendment contains most of the provisions in a bill introduced by Rep. Chris Deluzio, D-Pa., in March to require railroads to adopt a number of new safety measures. President Donald Trump backed the amendment earlier this week when he urged the committee to adopt the language in a Truth Social post.

Graves, who is retiring at the end of this term, opposed the amendment, arguing that it would cost Americans “billions.” He specifically took issue with a provision to require two crewmembers on freight trains.

“The emergence of new technology has made the industry safer,” Graves said. “The broader use of autonomous or automated track inspections catch issues on the tracks that are invisible to the naked eye.”

The committee adopted the amendment by a vote of 54-11, with 10 Republicans, including Graves, and Kevin Kiley, I-Calif., voting against it. Of the 10 Republicans, three are retiring and five have already won their 2026 primaries and are on the November ballot. Reps. Eric Burlison and Bob Onder, both from Missouri, are on the Aug. 4 primaries in their districts.

The panel also adopted, 35-31, an amendment from Rep. Dina Titus, D-Nev., that would add her bill to require human track inspection requirements. In honor of the leaders’ agreement, Larsen voted it down, but all other Democrats supported it. Only five Republicans voted for it.

Ride-share liability, truck weight

In other controversial amendments, the committee adopted language from Rep. Vince Fong, R-Calif., that would ensure companies such as Uber are not liable for maintaining or owning a network used by app-based drivers under certain circumstances.

Larsen, however, argued that removing liability would remove accountability, “leaving victims without important proper recourse,” he said.

The committee adopted Fong’s language in a 35-30 vote with support from one Democrat — New York Rep. Laura Gillen — and opposition from a fellow Republican, New Jersey Rep. Jeff Van Drew.

Another amendment adopted in a 35-29 vote from Rep. Dusty Johnson, R-S.D., would create a voluntary pilot program allowing a state to opt-in to increase weight limits on federal interstates up to 91,000 pounds gross vehicle weight on 6 axles for single combination vehicles that are bridge formula compliant.

The committee also supported, 32-31, an amendment from Rep. Jimmy Patronis, R-Fla., that would allow the operation of a stinger-steered combination automobile transporter with a gross weight of 88,000 pounds and also permit the vehicles to increase up to 10% of that weight limit.

Democrats, who voted against the language, argue strict weight limits are necessary for roadway safety.

“A horse isn’t allowed to run with a fly on its back — that’s the kind of comparison we’re making here,” said Rep. Brian Mast, R-Fla., who supported the amendment. “The committee has been looking at amendments about raising truck weights year-after-year … always comes up with an excuse to not look at it for one pound, 100 pounds, 1,000 pounds.”

Rejected amendments

The committee rejected more than 65 amendments, and members withdrew even more with promises from committee leadership that they would work with members to consider including the provisions later.

Democrats introduced a number of proposals to reinstate Biden-era funding for low- or zero-emission transportation grant programs, many of which were rejected via voice vote. Rep. Jared Huffman, D-Calif., offered an amendment that would strike the EV fee from the bill, but he later withdrew it.

The committee also voted down some Republican proposals.

One from Rep. Scott Perry, R-Pa., defeated in a 16-49 vote, would remove the authority to flex highway account money to transit projects. Another from Rep. Tim Burchett, R-Tenn., that would exclude scales from being considered as bridges under Federal Railroad Administration regulations was voted down 29-37.