Infrastructure FundingPolicy ExplainerJul 29, 2026, 2:39 PM· 5 min read· #1 of 2 in automotive

Federal DOT Proposes Eliminating Highway Trust Fund's Mass Transit Account in Shift Toward Road Expansion

Transportation Secretary Sean Duffy has urged Congress to consolidate federal fuel tax revenues into highway projects, proposing an end to dedicated mass transit funding and advance appropriations. The policy shift sets up a legislative battle ahead of the September 30 expiration of the current surface transportation law.

By Factlen Editorial Team

Public Transit & Active Mobility Advocates 40%Highway & Freight Prioritization 30%Policy & Fiscal Analysts 30%
Public Transit & Active Mobility Advocates
Maintains that guaranteed federal funding is essential for local transit survival and that bike lanes and complete streets are vital for public safety.
Highway & Freight Prioritization
Argues that federal funding should focus on expanding interstate capacity, relieving freight bottlenecks, and accelerating autonomous vehicle deployment.
Policy & Fiscal Analysts
Focuses on the structural insolvency of the Highway Trust Fund and the legislative mechanics required to pass a reauthorization bill before the deadline.

What's not represented

  • · Local municipal mayors
  • · Environmental organizations

Why this matters

The federal government provides roughly one-fifth of all surface transportation funding in the United States. Eliminating dedicated transit accounts would fundamentally alter how cities plan, build, and maintain public transportation, shifting the national focus toward interstate highway expansion and autonomous vehicle deployment.

Key points

  • The DOT has proposed eliminating the Mass Transit Account, shifting all federal fuel tax revenues to highway projects.
  • The administration's plan prioritizes expanding interstates to three lanes and relieving freight bottlenecks.
  • Transit advocates warn the proposal puts over 85% of federal public transit and passenger rail funding at risk.
  • The DOT is also seeking to restrict funding for bike lanes that reduce motor vehicle throughput and to preempt state laws on autonomous vehicles.
  • The current surface transportation law expires on September 30, 2026, setting up a tight legislative deadline.
$87.6 billion
House proposed 5-year transit funding
85%
Federal transit funding APTA says is at risk
$295 billion
Projected HTF shortfall by 2036
$130
Proposed annual federal EV fee

With the Infrastructure Investment and Jobs Act (IIJA) set to expire on September 30, 2026, the debate over how the United States funds its surface transportation network has entered a critical phase. On July 22, Department of Transportation Secretary Sean Duffy sent a formal letter to key Senate committees outlining the administration's priorities for the upcoming reauthorization. The directive signals a major policy pivot, proposing a sharp turn toward highway expansion and the elimination of dedicated federal funding accounts for mass transit.[1]

The centerpiece of the DOT's legislative wish list is the elimination of the Highway Trust Fund's Mass Transit Account. Under the proposal, all federal fuel tax revenues would be consolidated exclusively into the trust fund's highway account. This move would effectively end a decades-old federal partnership that guarantees a portion of gas tax receipts for public transportation infrastructure, shifting the financial burden of transit capital projects heavily onto state and local governments.

To understand the magnitude of this shift, it requires looking at the architecture of federal infrastructure spending. The Highway Trust Fund was established in 1956 to finance the construction of the Interstate Highway System, relying on a federal motor fuels tax. In 1982, under President Ronald Reagan, Congress created the Mass Transit Account within the fund, dedicating a fixed percentage of those fuel tax revenues to support capital expenditures for buses, subways, and commuter rail systems.

The Highway Trust Fund has included a dedicated Mass Transit Account since 1982.
The Highway Trust Fund has included a dedicated Mass Transit Account since 1982.

For over forty years, that structure has provided transit agencies with a predictable baseline for long-term planning. The American Public Transportation Association (APTA) strongly condemned the proposed elimination, stating that the move would put more than 85 percent of federal public transit and passenger rail funding at risk. The organization noted that stripping guaranteed funding from transit formula grants would have an outsized impact on rural and smaller communities that rely heavily on federal support to maintain basic services.

Beyond the Mass Transit Account, the DOT letter also calls for an end to "advance appropriations" in any surface bill extension. Advance appropriations were a mechanism used heavily in the IIJA to guarantee multi-year funding outside the annual congressional budget battles. According to the American Road and Transportation Builders Association (ARTBA), ending this practice would equate to a $4 billion cut for public transit, a $13 billion cut for rail programs, and a $9.5 billion reduction in highway investment over the lifespan of an extension.

Estimated impact of ending advance appropriations in a surface transportation extension.
Estimated impact of ending advance appropriations in a surface transportation extension.

While transit faces proposed reductions, the administration is pushing to accelerate roadway capacity. The DOT has requested a new discretionary grant program specifically designed to complete unfinished portions of the Interstate Highway System and expand existing corridors to three lanes in each direction. A parallel grant program would be established to target and relieve nationally significant freight bottlenecks, prioritizing the efficient movement of commercial goods and passenger vehicles.

While transit faces proposed reductions, the administration is pushing to accelerate roadway capacity.

The department's focus on vehicle throughput extends to local street design. Secretary Duffy's letter urges Congress to restrict competitive and formula grant funding for bicycle lanes and other active transportation infrastructure if those projects reduce the travel throughput for motor vehicles. The proposal also supports the removal of existing bike lanes that are deemed to contribute to traffic congestion, and would end requirements that "Complete Streets" safety projects automatically include sidewalks and bikeways.[2]

Technological deregulation forms another major pillar of the DOT's framework. The administration is asking Congress to establish a voluntary autonomous vehicle (AV) pilot program that would grant federal preemption over state laws, effectively preventing a patchwork of local regulations from governing driverless cars. The proposal would also lift the current statutory cap that limits manufacturers to deploying 2,500 exempted autonomous vehicles annually, paving the way for wider commercialization of robotaxis.[1]

The DOT proposal includes lifting the 2,500-vehicle cap on autonomous vehicle deployments and preempting state regulations.
The DOT proposal includes lifting the 2,500-vehicle cap on autonomous vehicle deployments and preempting state regulations.

The DOT's priorities arrive as the House of Representatives has already begun advancing its own vision for surface transportation. In May 2026, the House Transportation and Infrastructure Committee overwhelmingly passed the BUILD America 250 Act. While the House bill does not go as far as eliminating the Mass Transit Account, it represents a significant contraction in transit spending compared to the IIJA baseline.[1]

According to analyses of the BUILD America 250 Act, the legislation would authorize $87.6 billion in guaranteed funding for public transit over five years. Adjusted for inflation, this represents a roughly 14 to 15 percent cut to public transit investment and a 43 percent reduction in passenger rail investment compared to current levels. Conversely, the House bill provides a healthy bump in guaranteed funding for highway formula programs.

Both the DOT's proposals and the House legislation are attempting to navigate a looming fiscal cliff. The Highway Trust Fund faces recurring and increasingly severe funding shortfalls because federal fuel taxes—which have not been raised since 1993—no longer generate enough revenue to cover authorized spending. Improvements in vehicle fuel efficiency and the rising adoption of electric vehicles have steadily eroded the fund's primary revenue stream.

The Congressional Budget Office projects that the Highway Trust Fund will be entirely depleted by 2028. Without a structural fix, the cumulative shortfall is expected to reach approximately $295 billion by 2036. To inject new revenue, the House's BUILD Act proposes a novel federal registration fee of $130 annually for electric vehicles and $35 for plug-in hybrids, though analysts note this would only generate a fraction of the capital needed to avert insolvency.

The Highway Trust Fund faces a projected $295 billion shortfall over the next decade as fuel tax revenues decline.
The Highway Trust Fund faces a projected $295 billion shortfall over the next decade as fuel tax revenues decline.

The Senate has yet to release its comprehensive counter-proposal, and the stark differences between the administration's requests, the House's passed committee bill, and Senate priorities make a swift resolution unlikely. Infrastructure industry groups, including ARTBA, have indicated that a temporary extension of the current transportation law will almost certainly be required to keep federal funds flowing to states and localities past the September 30 deadline.[3]

As the deadline approaches, the debate highlights a fundamental philosophical divide over the future of American mobility. While the administration argues that prioritizing interstate expansion and autonomous vehicle deployment will relieve congestion and modernize the network, transit advocates warn that dismantling dedicated funding structures will strand billions of dollars in local capital projects and limit transportation alternatives for decades to come.[2]

How we got here

  1. 1956

    The Highway Trust Fund is established to finance the Interstate Highway System.

  2. 1982

    Congress creates the Mass Transit Account, dedicating a portion of fuel taxes to public transportation.

  3. November 2021

    The Infrastructure Investment and Jobs Act (IIJA) is signed into law, providing five years of surface transportation funding.

  4. May 2026

    The House Transportation and Infrastructure Committee passes the BUILD America 250 Act.

  5. July 22, 2026

    DOT Secretary Sean Duffy sends a letter to the Senate outlining the administration's reauthorization priorities.

  6. September 30, 2026

    The surface transportation provisions of the IIJA are scheduled to expire.

Viewpoints in depth

Department of Transportation

Focuses on maximizing vehicle throughput, freight efficiency, and technological innovation.

The administration argues that federal transportation dollars should be concentrated on projects that directly relieve congestion and facilitate the movement of goods. By proposing to eliminate the Mass Transit Account and restrict funding for bike lanes that reduce vehicle capacity, the DOT is signaling a return to a highway-first infrastructure model. Furthermore, the push to preempt state laws on autonomous vehicles reflects a desire to accelerate the commercialization of driverless technology without regulatory friction at the local level.

Public Transit Advocates

Emphasizes the necessity of guaranteed federal funding for local agencies and rural transit networks.

Organizations like the American Public Transportation Association argue that the federal-local partnership is the bedrock of modern transit planning. Without the guaranteed revenue provided by the Mass Transit Account and advance appropriations, local agencies would struggle to finance long-term capital projects like subway extensions, bus fleet modernizations, and rail repairs. Advocates stress that rural and smaller communities, which lack the tax base of major metropolitan areas, would be disproportionately harmed by the loss of formula grants.

Infrastructure & Road Builders

Supports increased highway investment but generally favors maintaining the existing funding structure to ensure stability.

Industry groups representing road builders and contractors strongly support the administration's call for new discretionary grants to expand interstates and relieve freight bottlenecks. However, many in the industry, including the American Road and Transportation Builders Association, oppose dismantling the Mass Transit Account. Their primary concern is avoiding a funding lapse on September 30; they advocate for a stable, predictable reauthorization that addresses the Highway Trust Fund's structural deficit rather than upending the established distribution formulas.

What we don't know

  • It remains unclear if the Senate will adopt any of the DOT's proposals, given the stark differences from the House's BUILD America 250 Act.
  • Whether Congress will pass a full multi-year reauthorization before September 30 or rely on a short-term extension is still unknown.
  • It is uncertain how the proposed $130 federal EV registration fee in the House bill would be implemented or if it could survive a floor vote.

Key terms

Highway Trust Fund
A federal transportation fund established in 1956, primarily financed by the federal gas tax, used to pay for highway and mass transit projects.
Mass Transit Account
A dedicated sub-account within the Highway Trust Fund, created in 1982, that guarantees a portion of federal fuel tax revenues for public transportation capital projects.
Advance Appropriations
A legislative mechanism that guarantees multi-year funding for programs upfront, shielding them from the annual congressional budget process.
Surface Transportation Reauthorization
The multi-year legislative package passed by Congress that sets federal policy and funding levels for highways, transit, and passenger rail.

Frequently asked

Why is the Highway Trust Fund running out of money?

The fund relies on the federal motor fuels tax, which has not been increased since 1993. As vehicles have become more fuel-efficient and electric vehicle adoption has risen, tax revenues have failed to keep pace with infrastructure spending.

What happens if the transportation bill expires on September 30?

If Congress does not pass a new multi-year reauthorization, they will likely pass a short-term extension to prevent a disruption in federal funding to state and local transportation departments.

How does the DOT proposal affect autonomous vehicles?

The proposal seeks to create a voluntary federal pilot program that would preempt state laws regarding autonomous vehicles and lift the current cap that limits manufacturers to deploying 2,500 exempted driverless cars per year.

Sources

Source coverage

3 outlets

3 viewpoints surfaced

Public Transit & Active Mobility Advocates 40%Highway & Freight Prioritization 30%Policy & Fiscal Analysts 30%
  1. [1]Politico ProHighway & Freight Prioritization

    Duffy sends wish list for any surface extension

    Read on Politico Pro
  2. [2]Fast CompanyPublic Transit & Active Mobility Advocates

    The DOT's new plan would defund mass transit and bike lanes

    Read on Fast Company
  3. [3]Eno Center for TransportationPolicy & Fiscal Analysts

    Duffy Sends Administration Reauthorization Priority List to Senate

    Read on Eno Center for Transportation
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