DOT Secretary Duffy Reiterates Surface Transportation Reauthorization Priorities

U.S. Department of Transportation (DOT) Secretary Sean Duffy sent a letter to the chairs and ranking members of the U.S. Senate Committees on Environment and Public Works (EPW), Commerce, Science, and Transportation (Commerce), and Banking, Housing, and Urban Affairs (Banking) outlining the DOT's priorities for surface transportation programs expiring on September 30, 2026.

The letter recaps DOT surface transportation reauthorization priorities already submitted to the U.S. Congress, introduces additional administration priorities, and recommends modifying or not extending certain Infrastructure Investment and Jobs Act (IIJA) programs as part of a reauthorization or extension package. Though many of these recommendations are unlikely to be adopted by Congress (e.g., elimination of the Mass Transit Account in the Highway Trust Fund), some mirror provisions that various members of Congress have already proposed.

State of Play

On May 22, 2026, the U.S. House of Representatives Committee on Transportation and Infrastructure (T&I) approved its surface transportation reauthorization legislation, the Building Unrivaled Infrastructure and Long-term Development for America's 250th (BUILD America 250) Act. Since committee approval, the bill has not seen further action in the House, and the U.S. Senate has not taken steps toward moving the legislation ahead of the September 30, 2026, expiration date. Given the limited number of legislative days before then, both the House and Senate are currently working on an extension of surface transportation provisions that would ride on a continuing resolution extending appropriations past the end of the fiscal year.

Surface Transportation Authorization Proposals

Priorities Previously Submitted to Congress

The DOT's previously transmitted surface transportation authorization priorities focus on five core areas: 1) strengthening transit safety and security, 2) advancing safe automated vehicle (AV) deployment, 3) enhancing rail safety, 4) expanding and modernizing transportation infrastructure, and 5) restoring Highway Trust Fund solvency. Notable provisions include authorizing a federal AV pilot program, lifting certain deployment restrictions on driverless vehicles, creating new grant programs to address interstate highway gaps and freight bottlenecks, and granting the Federal Transit Administration (FTA) greater authority to condition funding on transit agencies' performance in reducing crime, assaults and fare evasion. The letter doubles down on the Trump Administration's proposal to eliminate the Mass Transit Account despite outright opposition from the chair and ranking member of the T&I Committee and exclusion of the proposal from the bill that passed out of committee. DOT's proposal also strongly advocates for inclusion of the Railway Safety Act in any surface transportation reauthorization, which – although included in the BUILD America 250 Act – faces strong opposition in both the House and Senate.

Additional Administration Priorities

Beyond those priorities, the letter introduces several additional proposals for inclusion in a reauthorization or extension package. These include:

• providing additional funding and financing tools for the redevelopment of the New York Penn Station and directing Amtrak to rename New York Penn Station
• expanding private sector participation in transportation infrastructure projects
• prohibiting mandates requiring vehicles to be equipped with automated driving technology
• prioritizing motor vehicle travel over bicycle lanes
• increasing funding for commercial motor vehicle enforcement personnel
• consolidating numerous competitive grant programs administered across DOT
• adopting permanent daylight saving time

Existing IIJA Programs to Not Extend or Modify

The letter further recommends allowing authorization for 12 existing IIJA programs to expire and modifying three others to better align with Trump Administration priorities. Programs targeted for elimination include those supporting electric vehicles (EV) charging infrastructure, reconnecting communities, and various environmental and climate-related initiatives, including the Charging and Fueling Infrastructure and Carbon Reduction Programs, Reconnecting Communities Pilot Program, Active Transportation Infrastructure Investment Program (ATIP), and the Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program.

Holland & Knight Can Help

Holland & Knight's Transportation and Infrastructure Policy Team is monitoring developments regarding the surface transportation reauthorization. If you have any questions, contact the authors or another member of the team.

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