Key Points:

• Major Committees in Congress are moving forward with bipartisan surface transportation reauthorization efforts ahead of the September 30, 2026 expiration of current law.
• Two House Committees are scheduled to markup their respective legislative measures this week, but timing constraints make a short-term extension likely.

On May 21, 2026, the House Transportation and Infrastructure Committee is scheduled to begin marking up its $580 billion, five-year surface transportation reauthorization legislation that includes highway, public transportation, rail, highway safety, motor carrier safety and hazardous materials transportation programs. On the same day, the House Energy and Commerce Committee is expected to markup a package of motor vehicle safety legislation, which would form the safety title of the broader reauthorization bill.

Key Committees

Multi-year surface transportation reauthorizations are passed by Congress for varying lengths, with the most recent being the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), which was signed into law in November 2021 and authorized federal surface transportation programs for five years, expiring on September 30, 2026. Reauthorizing surface transportation programs has historically been a bipartisan priority for Congress.

On May 17, 2026, the House Transportation and Infrastructure Committee released the BUILD America 250 Act bill text as well as a Section-by-Section summary. This $580 billion reauthorization of surface transportation programs funds programs over a five-year period. It bolsters highway trust fund revenues by adding new annual fees for electric vehicles and plug-in hybrids.  The bill retains many of the core transportation programs, including most of the competitive grant programs authorized in the IIJA. Of note, the bill would create a new bridge formula program, establishes safety standards for commercial motor vehicles equipped with autonomous driving systems to operate in interstate commerce, seeks to reduce permitting and project delays, consolidates duplicative programs, and includes passenger rail investments and modernizations, among other provisions.

The House Energy and Commerce Committee has jurisdiction over vehicle safety provisions and has been working to build consensus on motor vehicle safety legislation, holding hearings and advancing legislation through a subcommittee markup earlier this year. The Committee is expected to markup a package of legislation as part of the Safety Title of Highway Reauthorization and additional details will be shared in a subsequent alert once publicly available.

Together, these markups will begin shaping the House’s broader surface transportation reauthorization framework ahead of the approaching September 30^th deadline.

Moving Forward

After this week’s action in key House Committees, attention will shift to the House Ways and Means Committee, which may consider their tax provisions later this summer. The Committee will have to address ongoing policy debates, such as proposals related to gas tax suspension and Highway Trust Fund revenues mentioned previously. Only after action by the House Ways and Means Committee would the various bill titles be merged into a single reauthorization proposal and considered by the full House.  Thus far, House leadership has not indicated a potential timeline for floor action.

Following the House Committee markups this week, we expect additional attention to turn to the Senate.  The Senate Environment and Public Works Committee has begun hearings and stakeholder engagement but has not yet released legislative text or scheduled markups.  The Senate Commerce, Science, and Transportation Committee and the Senate Banking Committee will also have an opportunity to weigh in on their respective jurisdiction (vehicle safety, rail and public transit, respectively).

Upcoming elections could affect the legislative outlook and priorities, including potential changes in committee leadership and policy direction if a multi-year reauthorization bill isn’t signed into law by September 30.

We are closely monitoring the upcoming committee activity, as the legislation is expected to address a range of policy priorities impacting federal highway and transit programs, project delivery, freight and rail infrastructure, safety initiatives, and potential changes to formula and discretionary grant programs – not to mention the revenue needed to pay for such a multi-year transportation bill (including contributions from the General Fund).

Key Issues to Watch:

Energy and Commerce Committee:

• Legislation related to Right to Repair, Autonomous Vehicles, Vehicle Safety, and NHTSA

Transportation and Infrastructure Committee:

• Overall funding levels for FY27-31 for road, bridge, and transit investments.
• New revenue from annual fees on owners of Electric Vehicles and Plug-in hybrid vehicles.
• Discontinuation of certain IIJA programs for EV Charging but still eligible under CMAQ.
• Freight rail and passenger rail safety.
• House Ways and Means Committee and Senate Finance Committees:
  • Excise taxes, gas/diesel taxes, and other related funding mechanisms for the Highway Trust Fund.
• Senate Environment and Public Works Committee
  • Highway, bridge and overall infrastructure programs
  • Transportation Research
  • Permitting and project streamlining.
• Senate Commerce, Science, and Transportation Committee
  • NHTSA and safety programs
  • FMCSA and trucking provisions
  • Passenger and Freight Rail programs.
• Senate Banking Committee
  • Transit and light-rail programs.