I 

108TH CONGRESS 

1ST SESSION H. R. 3494

To establish a National Commission to study the Highway Trust Fund. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2003

Mr. BEAUPREZ introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

To establish a National Commission to study the Highway 

Trust Fund.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Highway Trust Fund 

5 Commission Act of 2003’’. 
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1 SEC. 2. NATIONAL COMMISSION ON FUTURE REVENUE 

2 SOURCES TO SUPPORT THE HIGHWAY TRUST 

3 FUND. 

4 (a) ESTABLISHMENT.—The Secretary of Transpor5 tation shall establish a National Commission on Future 

6 Revenue Sources to Support the Highway Trust Fund. 

7 (b) FUNCTION.—The Commission shall—

8 (1) conduct a comprehensive investigation of al9 ternatives to replace the fuel tax as the principal 

10 revenue source to support the Highway Trust Fund 

11 over at least the next 30 years; 

12 (2) consult with the Secretary of Transpor13 tation and the Secretary of the Treasury to assure 

14 that their views concerning essential attributes of 

15 Highway Trust Fund revenue alternatives are un16 derstood; 

17 (3) consult with the American Association of 

18 State Highway and Transportation Officials to as19 sure that State transportation agency views on alter20 native revenue sources to support State transpor21 tation improvement programs are appropriately con22 sidered and that any recommended Federal financ23 ing strategy take into account State financial re24 quirements; and 

25 (4) make, based on the investigation, specific 

26 recommendations regarding actions that need to be 
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1 taken to develop alternative revenue sources to sup2 port the Highway Trust Fund and when those ac3 tions must be taken. 

4 (c) SPECIFIC MATTERS TO BE ADDRESSED.—The 

5 investigation under subsection (b) shall address specifi6 cally—

7 (1) advantages and disadvantages of alternative 

8 revenue sources to meet anticipated Federal surface 

9 transportation financial requirements; 

10 (2) the time frame within which actions must 

11 be taken to transition from the fuel tax to alter12 native revenue sources to support the Highway 

13 Trust Fund; 

14 (3) recommendations concerning alternative 

15 revenue sources to support long-term Federal sur16 face transportation financing requirements; 

17 (4) development of a broad transition strategy 

18 to move from the current tax base to new funding 

19 mechanisms, including the time frame for various 

20 aspects of the transition strategy; 

21 (5) recommendations for additional research 

22 that may be needed to implement recommended al23 ternatives; and 

24 (6) the extent to which revenues should reflect 

25 the relative use of the highway system. 
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1 (d) FACTORS TO CONSIDER AND EVALUATE.—The 

2 investigation under subsection (b) shall take into account 

3 findings, conclusions, and recommendations of recent 

4 studies by the Transportation Research Board on alter5 natives to the fuel tax to support highway program financ6 ing and relevant prior research completed by the Depart7 ment of Transportation, the Department of Energy, and 

8 others. In developing recommendations under subsection 

9 (b), the Commission shall consider—

10 (1) the ability to generate sufficient revenues to 

11 meet anticipated long term surface transportation fi12 nancing needs; 

13 (2) the roles of the various levels of government 

14 and the private sector in meeting future surface 

15 transportation financing needs; 

16 (3) administrative costs, including enforcement, 

17 to implement each option; 

18 (4) potential taxpayer privacy concerns; 

19 (5) likely technological advances that could ease 

20 implementation of each option; 

21 (6) alternative transportation vehicles, including 

22 various alternative-fueled vehicles; 

23 (7) the equity and economic efficiency of each 

24 option; 
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1 (8) the flexibility of different options to allow 

2 various pricing alternatives to be implemented; and 

3 (9) potential compatibility issues with States’ 

4 tax mechanisms under each alternative. 

5 (e) MEMBERSHIP.—

6 (1) APPOINTMENT.—The Commission shall be 

7 composed of 9 members as follows: 

8 (A) Three members appointed by the 

9 President. 

10 (B) Three members appointed by the 

11 Speaker of the House of Representatives. 

12 (C) Three members appointed by the ma13 jority leader of the Senate. 

14 (2) QUALIFICATIONS.—Members appointed 

15 under paragraph (2) shall have experience in public 

16 finance, surface transportation program administra17 tion, managing organizations that use surface trans18 portation facilities, academic research into related 

19 issues, or other activities that provide unique per20 spectives on current and future requirements for 

21 revenue sources to support the Highway Trust 

22 Fund. 

23 (3) TERMS.—Members shall be appointed for 

24 the life of the Commission. 
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1 (4) VACANCIES.—A vacancy on the Commission 

2 shall be filled in the manner in which the original 

3 appointment was made. 

4 (5) TRAVEL EXPENSES.—Members shall serve 

5 without pay but shall receive travel expenses, includ6 ing per diem in lieu of subsistence, in accordance 

7 with sections 5702 and 5703 of title 5, United 

8 States Code. 

9 (6) CHAIRMAN.—The Chairman of the Commis10 sion shall be elected by the members. 

11 (f) STAFF.—The Commission may engage the serv12 ices of an appropriate organization, agency, or firm to con13 duct the investigation under subsection (b). The Commis14 sion shall provide strategic guidance for the investigation. 

15 Upon request of the Commission, the Secretary may de16 tail, on a reimbursable basis, any of the personnel of that 

17 department to the Commission to assist it in carrying out 

18 its duties under this section. The staff of the Secretary 

19 shall cooperate with the Commission in the investigation, 

20 including providing nonconfidential data and information 

21 as necessary to conduct the investigation. 

22 (g) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

23 the request of the Commission, the Secretary shall provide 

24 to the Commission, on a reimbursable basis, the adminis-
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1 trative support and services necessary for the Commission 

2 to carry out its responsibilities under this section. 

3 (h) REPORT AND RECOMMENDATIONS.—Not later 

4 than September 30, 2006, the Commission shall transmit 

5 to Congress a final report on the results of the investiga6 tion conducted under this section and specific rec7 ommendations to address the needs identified in the inves8 tigation. 

9 (i) RELATIONSHIP TO OTHER LAWS.—The Federal 

10 Advisory Committee Act (5 U.S.C. App.) does not apply 

11 to the Commission. 

12 (j) TERMINATION.—The Commission shall terminate 

13 on the 180th day following the date of transmittal of the 

14 report under subsection (h). By such 180th day, all 

15 records and papers of the Commission shall be delivered 

16 to the Administrator of the General Services for deposit 

17 in the National Archives. 

18 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated from the Highway Trust 

20 Fund (other than the Mass Transit Account) $2,000,000 

21 for fiscal year 2004 to carry out this section. 

22 (l) APPLICABILITY OF TITLE 23.—Funds made avail23 able to carry out this section shall be available for obliga24 tion in the same manner as if such funds were apportioned 

25 under chapter 1 of title 23, United States Code; except 
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1 that the Federal share of the cost of the investigation and 

2 the Commission under this section shall be 100 percent, 

3 and such funds shall remain available until expended.

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