Congress’s Role in Transportation and Public Works

Making America Move from the Colonial Era to Today

Metro, subway facilities for handicapped [graphic]. Courtesy of the Library of Congress.

Introduction: The Constitutional Framework for Public Works

Since the colonial period, Americans have used various modes of transit and the necessary public works to promote growth, commerce, and stability. The legal grounding of federal oversight and regulation in transportation and public works is connected back to the nation’s founding documents. The Constitution’s Commerce Clause and Spending Clause provide the primary legal framework for congressional action on transportation and public works. Through these clauses, Congress has a broad power to regulate and administer transportation and public works programs, as the Commerce Clause establishes Congress’s broad authority to regulate interstate commerce and the Spending Clause establishes its right to tax to provide for the general welfare of the country. The Necessary and Proper Clause, which was interpreted in McCulloch v. Maryland (1819) as granting implied powers to Congress in addition to enumerated powers, also supports Congress’s regulation of public works when deemed necessary to execute its duties. These constitutional clauses provided a strong legal foundation for Congressional involvement in transportation and public works and for the establishment of federal agencies such as the Department of Transportation (DOT) and the Department of Housing and Urban Development (HUD) to administer transportation and housing programs authorized under its enumerated powers.

14th St. subway station, New York [graphic]. Courtesy of the Library of Congress.

The History of Congress and Public Works

1870s to 1920s

Throughout the country, the use of public omnibuses, streetcars, subways, and commuter railways was commonplace for many Americans. In 1873, San Francisco’s iconic cable car line opened, with similar lines operating in Chicago and New York City in the late 1800s. In 1897, Boston’s Tremont Street subway began operating, becoming the first subway in the United States, with parts of it later used by the modern-day Massachusetts Bay Transportation Authority (MBTA). The subway’s development was funded by the City of Boston, and the MBTA, like other local transit authorities, has been funded in part by the Federal Transit Administration (FTA), which is part of the U.S. Department of Transportation, since 1965.

Perhaps the most famous symbol of public transportation in the United States, New York City would open its own underground subway system, the privately operated 9-mile Interborough Rapid Transit, to riders in 1904. With its popularity, the subway system would continue to expand through private operators until the City of New York consolidated and took control of all subway lines in 1940. Like other transit authorities, the Metropolitan Transportation Authority (MTA), which oversees New York City Transit, the Long Island Railroad, and more, receives aid from the FTA each year.

As these forms of commuter transportation expanded, the federal government increased its power to regulate transportation through the Transportation Act of 1920. The act expanded the Interstate Commerce Commission’s authority to set rates that ensured private railroads’ profitability. While expanding federal government oversight of transportation, the act also reflected growing government interest in regulating transportation as more Americans than ever relied on these services.

While these are only a few examples of transportation developing alongside government, they showcase the innovation and cooperation across government and industry that made early transportation development possible.

1933 to 1938

Following the stock market crash of 1929, the country fell into economic disparity during the Great Depression. After his inauguration in March of 1932, President Franklin D. Roosevelt would present the New Deal, a series of economic, social, and political reforms to help rebuild the nation. The first of these reforms came in the form of the National Industrial Recovery Act of 1933, establishing the Public Works Administration (PWA), which focused on providing jobs through large-scale infrastructure funding. This act would both employ Americans and begin a new era of public works in the nation. In 1933, the Civilian Conservation Corps (CCC) was also established under the Emergency Conservation Work Act and employed more than 3 million American men who worked in environmental conservation.

Perhaps the most prominent of Roosevelt’s New Deal programs, the Works Progress Administration (WPA) was created through Executive Order 7034, and funded by the 1935 Emergency Relief Appropriation Act, and employed more than 8.5 million Americans. This act would further expand employment and infrastructure, as previously unemployed Americans would gain jobs building bridges, roads, public buildings, public parks, and airports.

Though Roosevelt and his administration were most consumed with getting Americans back to work amid the Great Depression, his New Deal solutions allowed the nation’s public works to evolve and furthered the federal government’s involvement in funding and constructing infrastructure.

1950s to 1970s

After World War II, the U.S. would experience an economic boom that, at least in transportation, was marked by the proliferation of the automobile. Although cars had been available to consumers since 1885, the post-war economic boom also led to greater car ownership among Americans, which was further aided by several major car-centric acts. The Federal-Aid Highway Act of 1956 created the Interstate Highway System, which was funded via the Highway Trust Fund. This system of highways led to a massive expansion of the federal government’s role in transportation infrastructure and enabled easy travel across the nation by car.

Beyond the car, the Transportation Act of 1958, also known as the Smathers-Harris Act, authorized the ICC to guarantee up to $500 million in loans to railroad companies in order to subsidize passenger railroads. The act set a standard for federal support for interstate transit. It laid the groundwork for the eventual creation of Amtrak in 1971. In 1961, the Housing and Urban Development Act was passed to expand urban renewal and mass transit funding, and the Urban Mass Transportation Act of 1964 extended long-term federal funding for public transit.

In 1966, Congress established the Department of Transportation (DOT) to centralize and coordinate the administration of federal transit programs, which began operations in 1967. The department brought together pre-existing agencies, such as the Federal Aviation Administration (FAA), which oversees aviation safety and air traffic control, and the Federal Highway Administration (FHWA), which oversees highways and road infrastructure, under a single secretary.

The 1970s saw a continued expansion in both transportation and accessibility on that transportation. Under the Rail Passenger Service Act of 1970, the government established Amtrak, a for-profit corporation whose shares are almost entirely owned by the DOT. Amtrak was created to preserve some passenger rail service between major cities after many passenger railroads went bankrupt, and it continues to serve over 34.5 million riders each year. The Rehabilitation Act of 1973 would expand disability rights by mandating accessibility in public transit, including paratransit and more accessible buses and trains for people with disabilities.

1980s to 2000s

The growth of federal highways would continue into the 1980s with the 1982 Highway Trust Fund expansion, enacted via the Surface Transportation Assistance Act of 1982. This expansion would increase the federal gasoline tax from four to nine cents per gallon to boost revenue for both highway infrastructure and public transit.

In 1990, the Americans with Disabilities Act (ADA) would bar discrimination against disabled individuals in many aspects of public life and expand the requirements already mandated by the Rehabilitation Act of 1973. For public transportation, the law specified that buses, subways, and other conveyances must have lifts, ramps, and securement areas for wheelchairs, required paratransit systems for those who could not access fixed-route systems, and obligated transit facilities, like train stations or bus stops, to be accessible as well.

In 1991, the Intermodal Surface Transportation Efficiency Act (ISTEA) shifted US transportation policy by focusing on economic and energy efficiency and environmental soundness. In practice, this act shifted most transportation and public works funding from the federal to the state and local levels. The federal government would now provide funding to metropolitan planning organizations (MPOs), regional bodies that advise state departments of transportation, rather than to individual projects. With this shift in the framing of US infrastructure projects, the Transportation Equity Act for the 21st Century was passed in 1998. The act allowed appropriations from the Highway Trust Fund to fund a variety of public transportation and infrastructure projects.

Federal appropriations to fund transportation and infrastructure would continue into the next century. In a similar vein to previous acts, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, also called the SAFETEA-LU Act, authorized additional federal funding for highways and highway safety programs, transit programs, and more in 2005.

During the Obama administration, from 2008 to 2016, the administration passed transit and infrastructure laws focused on rebuilding the US economy after the 2008 financial crisis. In 2009, President Obama signed the American Recovery and Reinvestment Act into law, which aimed to create jobs while modernizing American infrastructure, repairing public housing, upgrading rural infrastructure, and more. By 2010, the act had already raised US GDP by 2.4 percentage points. In 2015, the Fixing America’s Surface Transportation Act, also known as the FAST Act, was signed into law, providing $305 billion in funding for highways, public transportation, and other transportation programs from fiscal year 2016 to 2020. The act ensured long-term funding for safety and infrastructure projects.

Under bridge site with heavy machine [graphic]. Courtesy of Maarten van den Heuvel.

Current Trends in Transportation and Public Works

The 2020s have seen ebbs and flows in transportation and public works policy as the United States has undergone a change in its political landscape.

Passed in 2021, the Infrastructure Investment and Jobs Act, also known as Biden’s Bipartisan Infrastructure Law, reauthorizes surface transportation programs from 2022 to 2026 and provides up to $108 billion to support federal public transportation programs. As of 2024, over 60,000 infrastructure projects have been funded by the act, including major investments in modernizing airports, repairing roads and bridges, and other infrastructure improvements.

In contrast, the second Trump administration has been marked by greater uncertainty around funding for transportation and public works. In 2026, Congress passed the Consolidated Appropriations Act, which included funding for programs under the DOT. The act provided reduced funding for the Capital Investment Grants (CIG) program compared to FY 2025, while aviation programs, including FAA operations and airport infrastructure, largely maintained funding consistent with previous years. The BUILD grant program, part of National Infrastructure Investments, continued to receive funding, and rail programs, including the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program, remained funded, though final appropriations did not represent a clear increase over previous levels.

Looking Ahead: The Future of American Transit and Public Works

In recent years, debates over transportation and public works have focused on how much federal funding should be allocated to transportation and infrastructure, especially given that many Americans live in the suburbs and drive private vehicles. Alternatively, many view infrastructure as a way to improve Americans’ lives while creating jobs for unemployed Americans, not too far from the logic of FDR’s New Deal era.

Recent transportation and public works policy bills awaiting votes on the House or Senate floor in the 119th Congress include:

H.R. 4719 — Freedom to Move Act

Focused on making transit more accessible, the Freedom to Move Act was introduced in 2025 and incentivizes states, local governments, transit agencies, and nonprofit organizations to cover lost fare revenue created by fare-free public transportation. It also encourages local governments to improve public transportation by awarding competitive five-year federal grants.

H.R. 7062 — Build HUBS Act

Introduced in 2026, the Build Housing, Unlock Benefits and Services Act, or the Build HUBS Act, would alter infrastructure loan programs to allow HUD and the DOT to collaborate on projects that promote transit-oriented development.

H.R. 3449 — Stronger Communities through Better Transit Act

Introduced in 2025 and sponsored by Rep. Henry “Hank” Johnson (D-GA-4), the act would require DOT to establish a grant program to support public transportation operation and service improvements, particularly focused on low-income areas.

Conclusion

While transportation and public works are not often at the center of political turmoil, these issues have touched and improved American lives across generations. From the colonial era to the present day, the government, especially Congress, has exercised its enumerated and implied powers to fund the growth of public infrastructure that improves the economy, quality of life, and environmental sustainability.

While these issues may seem secondary if the public is looking only to politicians or the media, they remain vital to Americans’ daily lives. IssueVoter provides nonpartisan summaries of current bills dealing with transportation, infrastructure funding, and more related issues. The nonprofit allows users to send their opinions directly to elected officials to shape the future of transportation and public works. You can find more current bills related to infrastructure policy here.

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