The election results have shifted control of the Senate and House of Representatives to the Democrats, which means that the policy objectives for the next Congress will differ significantly from the current session.

At present, the Democrats will have a 54-44 majority in the Senate, with two seats (Alaska and Mississippi) yet to be determined. In the House, once all races are determined, Democrats are expected to take 250-260 seats, well above the 218 needed for a majority.

President Trump, of course, can still veto any bills passed by Congress, and it would take a two-thirds vote in each house to override a veto. Because the Democrats will not have a two-thirds majority in either house, this gives the President a powerful tool to limit the scope of new legislation. Moreover, Senate Republicans can still filibuster legislation, and Democrats do not have 60 votes necessary to invoke cloture.

Effect on Highway and Infrastructure Legislation. The makeup of the new Congress will change priorities for the pending highway and infrastructure legislation. The existing spending and taxing programs expired September 30, 2026, and the current Congress passed an extension through December 11, 2026.

It is now clear that the existing Republican majority will not be able to pass a long-term bill in a lame duck session of Congress before the December 11 deadline. In all likelihood, Congress will pass another extension into 2027 and allow the new Congress to work on passage of the bill.

A new bill in 2027 will probably restore the $36.8 billion of cuts in highway, transit and rail funding that were not included in the 2026 extension package. Additionally, the Democratic majority will place more emphasis on developing alternative fueled vehicles, including electric vehicles, and limit or discourage use of fossil fuels. The legislation will also promote biking and hiking trails, urban transit, and labor protection provisions.

The President has indicated his willingness to work with congressional Democrats in areas where there is agreement. Historically, highway and infrastructure bills have enjoyed bipartisan support in Congress, so it is possible the parties could reach a consensus on a new bill with White House approval next year.

FMCSA Policy. The new Congress could also attempt to influence the policy and enforcement strategies of the Federal Motor Carrier Safety Administration. Through the highway bill, Congress funds the FMCSA and can direct to a certain extent how that money is to be spent. Moreover, when Congress appropriates funds to be spent by the FMCSA from a previous authorization, it can specify that no funds be spent for certain projects or to enforce certain regulations.

This could allow the new Congress to attempt defunding FMCSA enforcement of its non-domicile CDL rule or its English language proficiency requirements, which are tied to the Trump administration’s immigration policy. Each of these requirements has already resulted in removing over 30,000 CDL drivers from the highways. Further, states controlled by Democrats have already brought two lawsuits challenging the authority of the Trump Administration to withhold highway funds from jurisdictions that fail to enforce these requirements on drivers and carriers.

Environmental Regulations. On June 12, 2025, Congress rescinded the waivers granted by the Environmental Protection Agency in the Biden Administration to the California Air Resources Board to implement its Advanced Clean Trucks and NOx rules. This prevents California and other states from imposing these requirements that are beyond the uniform federal regulations promulgated by the EPA.

It is possible that the new Congress could attempt to change course and reinstate the waivers under the Congressional Review Act. This would take a mere majority vote in each house, but it would likely generate a presidential veto. The Democrats will not have enough votes (without Republican support) to override a veto in either the House or Senate.

The EPA’s proposed rule on NOx emissions from heavy duty vehicles, which retained the limits set out by the Biden Administration in 2023, will likely go forward without congressional interference. But the proposed rule also includes a change to the engine derate procedure, intended to force compliance with strict emissions controls when the diesel exhaust fluid is empty or the sensors are not working. It is possible that Congress could focus on rolling back that provision in the appropriations process.

The new Congress will have little ability to amend the Trump administration’s final EPA decision that withdrew a 2009 finding that greenhouse gases endangered the public health and welfare, as this decision was taken by administrative rather than legislative action. But the legality of the EPA decision is being challenged in the courts by a number of states and environmental groups.