House Unveils BUILD America 250 Act, Five-Year Highway Bill Reauthorizes FMCSA Safety Programs

House Transportation and Infrastructure Committee leaders Garret Graves (R-LA) and Rick Larsen (D-WA) introduced the BUILD America 250 Act on May 18, 2026. The five-year reauthorization covers federal surface transportation programs including roads, bridges, transit, rail, and safety, including FMCSA (Federal Motor Carrier Safety Administration) enforcement and compliance programs that fund state CDL (commercial driver's license) checks, roadside inspections, and new-entrant audits.

What does the BUILD America 250 Act mean for FMCSA enforcement funding?

The BUILD America 250 Act reauthorizes the Motor Carrier Safety Assistance Program (MCSAP), which funds state commercial vehicle enforcement. MCSAP grants pay for roadside inspections, CDL compliance checks, and data systems that feed CSA (Compliance, Safety, Accountability) scores. Without reauthorization, MCSAP funding expires at the end of the current highway bill cycle. The BUILD America 250 Act extends that authority through 2031.

MCSAP dollars flow to state police and DOT (Department of Transportation) enforcement divisions. Those agencies conduct Level I, II, and III inspections during International Roadcheck and year-round enforcement sweeps. Inspection violations, brake defects, ELD (electronic logging device) malfunctions, cargo securement failures, generate CSA points that appear on a carrier's SMS (Safety Measurement System) profile within 30 days.

How does highway reauthorization affect new-entrant safety audits?

FMCSA's new-entrant safety audit program operates under MCSAP funding. Carriers that register for a new USDOT number and MC (motor carrier) authority enter an 18-month probationary period. FMCSA schedules a safety audit within the first 12 months. The audit reviews driver qualification files, hours-of-service logs, drug and alcohol testing records, vehicle maintenance files, and accident registers.

If MCSAP funding lapses, FMCSA cannot pay state auditors to conduct new-entrant reviews. The BUILD America 250 Act prevents that lapse by extending reauthorization through 2031. New carriers applying for operating authority in 2026 and beyond will face the same audit schedule and compliance thresholds under the reauthorized program.

What safety programs does the BUILD America 250 Act cover beyond MCSAP?

The BUILD America 250 Act reauthorizes the Commercial Motor Vehicle Operator Safety Training Grant Program, which funds state CDL training improvements. The bill also extends the High Priority Program, which targets specific safety issues, distracted driving, impaired driving, and occupant protection, through state enforcement campaigns.

FMCSA uses High Priority grants to fund state-level enforcement of hours-of-service violations, ELD compliance, and medical certification requirements. States that receive High Priority funding must submit annual performance reports showing citation counts, out-of-service rates, and crash reductions. Those reports inform FMCSA's allocation decisions for the following year.

Does the BUILD America 250 Act change CSA scoring or ELD rules?

No. The BUILD America 250 Act is a funding reauthorization, not a regulatory rulemaking. CSA percentile thresholds, ELD technical specifications, and hours-of-service limits remain unchanged. The bill does not alter FMCSA's authority to revoke ELD devices that fail technical certification or to enforce the Drug and Alcohol Clearinghouse query requirements.

Carriers must still verify their ELD appears on FMCSA's registered devices list, update their MCS-150 form every two years, and maintain their BMC-91 cargo bond or BMC-84 trust fund at the $75,000 minimum for property carriers. The BUILD America 250 Act funds the enforcement infrastructure that checks those requirements: it does not rewrite them.

What happens if the BUILD America 250 Act does not pass before the current authorization expires?

If Congress does not pass a new highway bill before the current authorization expires, FMCSA enforcement programs operate under a continuing resolution or face funding gaps. A continuing resolution freezes funding at prior-year levels and prohibits new grant awards. State enforcement agencies cannot hire additional inspectors, upgrade data systems, or expand inspection station hours without new grant authority.

A funding lapse does not suspend FMCSA's regulatory authority. The agency can still issue safety ratings, conduct compliance reviews, and revoke operating authority for carriers that fail audits. But state partners lose the federal dollars that pay for roadside inspections and CDL checks. Inspection volumes drop, and carriers face longer wait times for new-entrant audits.

What small fleets need to know this week

The BUILD America 250 Act introduction does not trigger immediate compliance actions. Carriers do not need to update their MCS-150 forms, renew their process agent filings, or change their ELD settings because of this bill. The legislation ensures that FMCSA enforcement programs, roadside inspections, new-entrant audits, CDL compliance checks, continue to receive federal funding through 2031.

Small fleets preparing for new-entrant audits should assume the current audit checklist remains in effect. FMCSA auditors will review driver qualification files, hours-of-service logs, drug and alcohol testing records, vehicle maintenance files, and accident registers under existing standards. Carriers that pass the audit exit the new-entrant monitoring period and receive a satisfactory safety rating. Carriers that fail receive a conditional or unsatisfactory rating and face operating restrictions or authority revocation.

The BUILD America 250 Act moves to committee markup and floor votes in the House and Senate. Passage timelines depend on congressional schedules and amendment negotiations. Carriers should monitor FMCSA enforcement funding levels in appropriations bills and continuing resolutions as the reauthorization process unfolds.