Dalilah's Law and the BUILD America 250 Act die Jan. 3 unless Congress acts in lame duck

Democrats won both chambers on Nov. 3, and the outgoing Congress has one must-pass deadline left: money for the government and the highway program runs out Dec. 11. Land Line reported that another extension is the most likely outcome, possibly for six months or longer. Truckload Carriers Association President Jim Mullen told FreightWaves he expects a fairly clean extension into June.

Two trucking bills cleared committee and stalled. The BUILD America 250 Act, H.R. 8870, a $580 billion highway bill, passed the House Transportation and Infrastructure Committee 62 to 2 on May 22. It includes $750 million for truck parking, restroom access for drivers, measures against chameleon carriers and an order for DOT to ban predatory lease-purchase programs. Dalilah's Law, H.R. 5688, passed the same committee 35 to 26 on March 18 and would put English proficiency and non-domiciled CDL limits into statute. Rep. Rick Larsen, in line to chair the committee, called its English section redundant, and Democrats said it could bar DACA recipients from driving, Rob Carpenter wrote in a FreightWaves column. The industry wanted a statute that a court or a later administration could not easily undo, he wrote.

Neither bill changes what applies today. FMCSA's non-domiciled CDL final rule took effect March 16, 2026. New, renewed or transferred non-domiciled CDLs go only to holders of H-2A, H-2B or E-2 status and last no longer than the I-94 date or one year. FMCSA says those statuses come with consular vetting of driving history. A D.C. Circuit panel refused to pause the rule in May, heard arguments Sept. 15 and had not ruled by early November.

Roadside English checks also rest on agency action. Drivers have been put out of service for failing 49 CFR 391.11(b)(2) since June 25, 2025, under inspection criteria. FMCSA proposed writing that into the regulations on Aug. 10, 2026. Comments closed Oct. 9, and the proposal is not yet a rule.