U.S. Department of Transportation

**Office of the Secretary**

**Office of Transportation Policy**

# Charter for the

> **National Surface Transportation Infrastructure Financing
> Commission**

1\. [Purpose]{.underline}. This Charter establishes the National Surface
Transportation Infrastructure Financing Commission ("Commission") as a
Federal advisory committee pursuant to the Federal Advisory Committee
Act (FACA, 5 U.S.C. App. II §1 [et]{.underline} [seq]{.underline}
(1994)). The Commission was created by section 11142 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU, Pub. L. 109-59; 119 Stat. 1144, August 10, 2006).

2\. [Scope]{.underline}. The Commission will conduct an investigation
and study of future highway needs, future transit needs, and current and
projected Federal Highway Trust Fund ("HTF") revenues, taking into
account the impact of possible changes in public vehicular choice, fuel
use, or travel alternatives upon the HTF. It will make recommendations
addressing, but not limited to, the following topics: (a) the levels of
revenue that the HTF will require to maintain and improve the condition
and performance of the Nation\'s highway and transit systems and to
ensure that Federal levels of investment in highways and transit do not
decline in real terms; (b) policies to achieve such HTF revenues; (c)
the extent, if any, to which the HTF should be augmented by other
mechanisms or funds as a Federal means of financing highway and transit
infrastructure investments; and (d) the levels of revenue that such
alternative funding mechanisms are likely to yield (SAFETEA-LU, §
11142(b)(2)). The Commission will explore the merits of a program that
would exempt all or a portion of gasoline or other motor fuels used in a
State from the Federal excise tax on these fuels if the State elects not
to receive all or a portion of Federal transportation funding. Finally,
the Commission may also study such other matters closely related to the
above subjects as it may deem appropriate.

3\. [Objectives and Duties]{.underline}. Consistent with the scope of
its activities described in paragraph 2, the Commission is authorized
to:

> a\. Meet and discuss issues relating to the revenues which flow to the
> Highway Trust Fund, including the funding needs of highway and transit
> projects;
>
> b\. Obtain data directly from any department or agency of the United
> States (other than information required by any law to be kept
> confidential by such department or agency) necessary for the
> Commission to carry out its objectives and duties described in this
> paragraph and paragraph 2;
>
> c\. Gather evidence through such means as it may deem appropriate,
> including holding hearings and soliciting comments by means of
> [Federal Register]{.underline} notices; and
>
> d\. Respond to other related assignments made by the Sponsor or the
> Designated Federal Official ("DFO").

4\. [Report]{.underline}. Not later than 2 years after the date of its
first meeting, the Commission shall develop a final report, based on the
investigation and study as described in paragraphs 2 and 3. The report
shall include recommendations and the bases for those recommendations,
indicating polices that should be adopted, or not adopted, to achieve
various levels of annual revenue for the Highway Trust Fund and to
enable the Highway Trust Fund to receive revenues sufficient to meet
highway and transit needs. Such recommendations shall address other
matters as the Commission deems appropriate. The report shall be
transmitted to the following:

a.  the Secretary of Transportation;

b.  the Secretary of the Treasury;

c.  the Committee on Ways and Means of the House of Representatives;

d.  the Committee on Finance of the Senate;

e.  the Committee on Transportation and Infrastructure of the House of
    Representatives;

f.  the Committee on Environment and Public Works of the Senate; and

g.  the Committee on Banking, Housing, and Urban Affairs of the Senate.

6\. [Sponsor and Office Support.]{.underline} The sponsor of this effort
is the Office of Transportation Policy. In accordance with the
requirements of the Federal Advisory Committee Act ("FACA") (5 U.S.C.
App. 2), the Department of Transportation ("DOT") will provide a DFO,
who will call, attend, and approve the minutes of all meetings of both
the Commission as a whole or any subcommittees that the Commission may
create. The DFO is authorized to schedule additional meetings or adjourn
any meeting when doing so is in the public interest. The DFO for the
Commission will be DOT's Chief Economist. DOT will also provide
administrative support services to the Commission.

7\. [Membership]{.underline}. By statute, the Commission is composed of
15 members appointed as follows: 7 members appointed by the Secretary of
Transportation, in consultation with the Secretary of the Treasury; 2
members appointed by the Chairman of the Committee on Ways and Means of
the House of Representatives; 2 members appointed by the Ranking
Minority Member of the Committee on Ways and Means of the House of
Representatives; 2 members appointed by the Chairman of the Committee on
Finance of the Senate; and 2 members appointed by the Ranking Minority
Member of the Committee on Finance of the Senate. Members are to be
knowledgeable in the fields of public transportation finance or highway
and transit programs, policy, and needs. Members are appointed for the
life of the Commission. It is expected that most members of the
Commission will serve in a representative capacity. A vacancy in the
Commission shall be filled in the manner in which the original
appointment was made.

8\. [Chairperson]{.underline}. The members of the Commission shall elect
a Chairperson.

9\. [Subcommittees]{.underline}. The Commission is authorized to form
subcommittees composed entirely of Commission members or, at the
Commission's discretion, other interested parties for any purpose
consistent with this Charter. All subcommittees shall report to the full
Commission, and shall not render advice or recommendations directly to
the Department of Transportation.

10\. [Compensation for Members]{.underline}. Members shall serve without
pay, but, as individually authorized and subject to the availability of
funding, shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with 5 U.S.C. §§ 5702 and 5703.

11\. [Meetings]{.underline}. A meeting will be held at least once and
all meeting(s) shall occur in Washington, D.C. The following procedures
shall govern the conduct of all Commission meetings:

> a\. All meetings shall be open to the public, except as provided under
> FACA;
>
> b\. Notice of each meeting shall be published in the [Federal
> Register]{.underline} at least 15 days before the date of the meeting.
> Shorter notice is possible in case of an emergency, but the reason for
> the emergency must be stated in the notice. Notices shall include the
> agenda for the meeting;
>
> c\. Once a chairperson has been elected, he or she shall preside at
> each meeting. Prior to the election of a chairperson, the DFO shall
> preside at meetings, as required by FACA; and
>
> d\. The DFO shall prepare minutes of each meeting. The minutes will
> include the time, date and place of the meeting; a record of all
> attendees at the meeting; a complete and accurate description of
> matters discussed and conclusions reached; copies of all reports
> received, issued, or approved by the Commission; and a description of
> public participation, including oral and written presentations and the
> identities and affiliations of presenters. The chairperson shall
> certify as to the accuracy of the minutes.

12\. [Estimated costs]{.underline}. As provided in section 11142(e),
funding for the Commission shall be provided by the Secretary of the
Treasury and by the Secretary of Transportation, out of funds available
to those agencies for administrative and policy functions. The estimated
cost for operating the Commission, including compensation and travel
expenses for Commissioners, meeting space, and administrative support,
is \$180,000. The estimated person-years of DOT staff support are
approximately 1.7, at an estimated cost of \$235,000.

13\. [Effective date and duration]{.underline}. This Charter is
effective on Thursday, March 28, 2007, and terminates upon the 180^th^
day following the date of transmittal of the Commission's final report,
or two years after the effective date of the Charter unless, prior to
such time,

the Charter is extended in accordance with FACA and other applicable
requirements.