I 

114TH CONGRESS 

1ST SESSION H. R. 1846 

To provide for sustainable highway funding, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2015 

Mr. RENACCI (for himself, Mr. PASCRELL, Mr. RIBBLE, Mr. LIPINSKI, Mr. 

AMODEI, Mr. PETERS, Mr. RIGELL, Mr. QUIGLEY, Mr. BARLETTA, Mr. 

SIRES, Mr. HANNA, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 

GIBBS, Mr. CAPUANO, Mr. YOUNG of Alaska, Mr. LARSON of Connecticut, Mr. RYAN of Ohio, and Mr. LEWIS) introduced the following 

bill; which was referred to the Committee on Ways and Means, and in 

addition to the Committees on Transportation and Infrastructure and 

Rules, 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 provide for sustainable highway funding, and for other 

purposes. 

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, ETC. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Bridge to Sustainable Infrastructure Act’’. 

6 (b) AMENDMENT OF 1986 CODE.—Except as other7 wise expressly provided, whenever in this Act an amendVerDate Sep 11 2014 00:27 Apr 25, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1846.IH H1846

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1 ment or repeal is expressed in terms of an amendment 

2 to, or repeal of, a section or other provision, the reference 

3 shall be considered to be made to a section or other provi4 sion of the Internal Revenue Code of 1986. 

5 (c) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title, etc. 

TITLE I—MOTOR FUELS 

Sec. 101. Increase in fuels taxes for inflation. 

Sec. 102. Repayable advances to Highway Trust Fund. 

TITLE II—SUSTAINABLE HIGHWAY FUNDING 

Sec. 201. Task Force for Sustainable Highway Funding. 

TITLE III—FAILURE BY CONGRESS TO FULLY FUND HIGHWAY 

TRUST FUND 

Sec. 301. Failure by Congress to fully fund Highway Trust Fund. 

7 TITLE I—MOTOR FUELS 

8 SEC. 101. INCREASE IN FUELS TAXES FOR INFLATION. 

9 (a) MOTOR FUEL.—Paragraph (2) of section 4081(a) 

10 is amended by adding at the end the following: 

11 ‘‘(E) ADJUSTMENT FOR INFLATION.—In 

12 the case of any calendar year beginning after 

13 2015, the rates of tax in subparagraphs (A)(i) 

14 and (iii) and subparagraph (D) shall each be 

15 increased by an amount equal to— 

16 ‘‘(i) such rate, multiplied by 

17 ‘‘(ii) the cost of living adjustment de18 termined under section 1(f)(3) for the cal19 endar year, determined by substituting 


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1 ‘calendar year 2014’ for ‘calendar year 

2 1992’ in subparagraph (B) thereof. 

3 Any increase under the preceding sentence shall 

4 be rounded to the nearest 0.1 cents.’’. 

5 (b) SPECIAL FUELS.— 

6 (1) IN GENERAL.—Section 4041(a) is amended 

7 by adding at the end the following: 

8 ‘‘(4) ADJUSTMENT FOR INFLATION.—In the 

9 case of any calendar year beginning after 2015, the 

10 7.3 cent rate of tax in paragraph (1)(C)(iii), the 

11 24.3 cent rate of tax in paragraph (2)(B)(ii), and 

12 the 18.3 cent rate of tax contained in paragraph 

13 (3)(A) shall each be increased by an amount equal 

14 to— 

15 ‘‘(A) such rate, multiplied by 

16 ‘‘(B) the cost of living adjustment deter17 mined under section 1(f)(3) for the calendar 

18 year, determined by substituting ‘calendar year 

19 2014’ for ‘calendar year 1992’ in subparagraph 

20 (B) thereof. 

21 Any increase under the preceding sentence shall be 

22 rounded to the nearest 0.1 cents.’’. 

23 (2) CERTAIN ALCOHOL FUELS.—Section 

24 4041(m) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(3) ADJUSTMENT FOR INFLATION.—In the 

2 case of any calendar year beginning after 2015, the 

3 rates of tax in paragraph (1)(A) shall each be in4 creased by an amount equal to— 

5 ‘‘(A) such rate, multiplied by 

6 ‘‘(B) the cost of living adjustment deter7 mined under section 1(f)(3) for the calendar 

8 year, determined by substituting ‘calendar year 

9 2014’ for ‘calendar year 1992’ in subparagraph 

10 (B) thereof. 

11 Any increase under the preceding sentence shall be 

12 rounded to the nearest 0.1 cents.’’. 

13 (3) FUEL USED IN CERTAIN BUSES.—Section 

14 6427(b) is amended by adding at the end the fol15 lowing: 

16 ‘‘(5) ADJUSTMENT FOR INFLATION.—In the 

17 case of any calendar year beginning after 2015, the 

18 rate of tax in paragraph (2)(A) shall be increased by 

19 an amount equal to— 

20 ‘‘(A) such rate, multiplied by 

21 ‘‘(B) the cost of living adjustment deter22 mined under section 1(f)(3) for the calendar 

23 year, determined by substituting ‘calendar year 

24 2014’ for ‘calendar year 1992’ in subparagraph 

25 (B) thereof. 


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1 Any increase under the preceding sentence shall be 

2 rounded to the nearest 0.1 cents.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to years beginning after December 

5 31, 2015. 

6 SEC. 102. REPAYABLE ADVANCES TO HIGHWAY TRUST 

7 FUND. 

8 (a) REPAYABLE ADVANCES.—Section 9503(f) is 

9 amended by redesignating paragraph (7) as paragraph (9) 

10 and by inserting after paragraph (4) the following new 

11 paragraphs: 

12 ‘‘(7) 2015 SHORTFALL ADVANCE.—Out of 

13 money in the Treasury not otherwise appropriated, 

14 there is hereby appropriated— 

15 ‘‘(A) $8,000,000,000 to the Highway Ac16 count (as defined in subsection (e)(5)(B)) in 

17 the Highway Trust Fund; and 

18 ‘‘(B) $3,000,000,000 to the Mass Transit 

19 Account in the Highway Trust Fund. 

20 ‘‘(8) OBLIGATION LIQUIDATION SMOOTHING.— 

21 Out of money in the Treasury not otherwise appro22 priated, there is hereby appropriated— 

23 ‘‘(A) $4,000,000,000 to the Highway Ac24 count (as defined in subsection (e)(5)(B)) in 

25 the Highway Trust Fund; and 


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1 ‘‘(B) $1,000,000,000 to the Mass Transit 

2 Account in the Highway Trust Fund.’’. 

3 (b) REPAYMENT OF ADVANCES.—Section 9503(c) is 

4 amended by adding at the end the following: 

5 ‘‘(6) TRANSFERS FROM HIGHWAY TRUST FUND

6 FOR CERTAIN REPAYMENTS OF CERTAIN AD7 VANCES.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 pay from time to time from the Highway Trust 

10 Fund into the general fund of the Treasury 

11 amounts equivalent to amounts transferred to 

12 the Highway Trust Fund that are attributable 

13 to the operation of sections 4041(a)(4), 

14 4041(m)(3), and 4081(a)(2)(E). 

15 ‘‘(B) LIMITATION.—No amount shall be 

16 transferred under this paragraph after the ag17 gregate amount transferred under subpara18 graph (A) equals $16,000,000,000. 

19 ‘‘(C) TRANSFERS BASED ON ESTIMATES.— 

20 Transfers under subparagraph (A) shall be 

21 made on the basis of estimates by the Sec22 retary, and proper adjustments shall be made 

23 in amounts subsequently transferred to the ex24 tent prior estimates were in excess or less than 

25 the amounts required to be transferred. 


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1 ‘‘(D) TRANSFERS MADE PROPORTION2 ALLY.—Transfers under subparagraph (A) shall 

3 be borne by the Highway Account and the Mass 

4 Transit Account in proportion to the respective 

5 revenues transferred under paragraphs (7) and 

6 (8) of subsection (f) to the Highway Account 

7 and the Mass Transit Account.’’. 

8 (c) EFFECTIVE DATES.— 

9 (1) Except as provided by paragraph (2), the 

10 amendments made by this section shall take effect 

11 on October 1, 2015. 

12 (2) Paragraph (8) of section 9503(f) of the In13 ternal Revenue Code of 1986, as added by sub14 section (a), shall take effect on June 1, 2015. 

15 TITLE II—SUSTAINABLE 

16 HIGHWAY FUNDING 

17 SEC. 201. TASK FORCE FOR SUSTAINABLE HIGHWAY FUND18 ING. 

19 (a) DEFINITIONS.—In this section: 

20 (1) TASK FORCE.—The term ‘‘Task Force’’ 

21 means the Bipartisan Task Force for Sustainable 

22 Highway Funding established under subsection 

23 (b)(1). 

24 (2) TASK FORCE BILL.—The term ‘‘Task Force 

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1 tive language of the Task Force recommended under 

2 subsection (b)(3)(B) and introduced under sub3 section (e)(1). 

4 (3) FISCAL IMBALANCE.—The term ‘‘fiscal im5 balance’’ means the gap between the projected reve6 nues and expenditures of the Highway Trust Fund. 

7 (b) ESTABLISHMENT OF TASK FORCE.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the legislative branch a task force to be known as 

10 the ‘‘Bipartisan Task Force for Sustainable High11 way Funding’’. 

12 (2) PURPOSES.— 

13 (A) REVIEW.—The Task Force shall re14 view the fiscal imbalance of the Highway Trust 

15 Fund, including— 

16 (i) analyses of projected Trust Fund 

17 expenditures; 

18 (ii) analyses of projected Trust Fund 

19 revenues; and 

20 (iii) analyses of the current and long21 term actuarial financial condition of the 

22 Highway Trust Fund. 

23 (B) IDENTIFY FACTORS.—The Task Force 

24 shall identify factors that affect the long-term 

25 fiscal imbalance of the Highway Trust Fund. 


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1 (C) ANALYZE POTENTIAL COURSES OF AC2 TION.—The Task Force shall analyze potential 

3 courses of action to address factors that affect 

4 the long-term fiscal imbalance of the Highway 

5 Trust Fund. 

6 (D) PROVIDE RECOMMENDATIONS AND

7 LEGISLATIVE LANGUAGE.—The Task Force 

8 shall provide recommendations and legislative 

9 language that will balance the revenues and ex10 penditures of the Highway Trust Fund, 

11 which— 

12 (i) may include recommendations ad13 dressing— 

14 (I) user fees; 

15 (II) improper or unnecessary 

16 payments; 

17 (III) the reduction or elimination 

18 of payments for purposes that do not 

19 directly improve the condition or func20 tion of highway and transit systems; 

21 (IV) international tax reform and 

22 the use of revenues raised through the 

23 repatriation of earnings and profits 

24 held overseas; and 


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1 (V) any other proposal that will 

2 balance the revenues and expenditures 

3 of the Highway Trust Fund; and 

4 (ii) may not make recommendations 

5 modifying the Standing Rules of the House 

6 or Senate. 

7 (3) DUTIES.— 

8 (A) IN GENERAL.—The Task Force shall 

9 address the Highway Trust Fund’s long-term 

10 fiscal imbalances, consistent with the purposes 

11 described in paragraph (2), and shall submit 

12 the report and recommendations required under 

13 subparagraph (B). 

14 (B) REPORT, RECOMMENDATIONS, AND

15 LEGISLATIVE LANGUAGE.— 

16 (i) IN GENERAL.—Not later than Sep17 tember 1, 2016, the Task Force shall vote 

18 on a report that contains— 

19 (I) a detailed statement of the 

20 findings, conclusions, and rec21 ommendations of the Task Force; 

22 (II) the assumptions, scenarios, 

23 and alternatives considered in reach24 ing such findings, conclusions, and 

25 recommendations; and 


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1 (III) proposed legislative lan2 guage to carry out such recommenda3 tions as described in paragraph 

4 (2)(D). 

5 (ii) APPROVAL OF REPORT.—The re6 port of the Task Force submitted under 

7 clause (i) shall require the approval of not 

8 fewer than 12 of the 18 members of the 

9 Task Force. 

10 (iii) ADDITIONAL VIEWS.—A member 

11 of the Task Force who gives notice of an 

12 intention to file supplemental, minority, or 

13 additional views at the time of final Task 

14 Force approval of the report under clause 

15 (ii), shall be entitled to not less than 3 cal16 endar days in which to file such views in 

17 writing with the staff director of the Task 

18 Force. Such views shall then be included in 

19 the Task Force report and printed in the 

20 same volume, or part thereof, and their in21 clusion shall be noted on the cover of the 

22 report. In the absence of timely notice, the 

23 Task Force report may be printed and 

24 transmitted immediately without such 

25 views. 


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1 (iv) TRANSMISSION OF REPORT.—No 

2 later than 6 days following the vote on the 

3 Task Force’s report, the Task Force shall 

4 submit the Task Force bill and final report 

5 to the President, the Vice President, the 

6 Speaker of the House, and the majority 

7 and minority leaders of both Houses. 

8 (v) REPORT TO BE MADE PUBLIC.— 

9 Upon the approval or disapproval of the 

10 Task Force report pursuant to clause (ii), 

11 the Task Force shall promptly make the 

12 full report, and a record of the vote, avail13 able to the public. 

14 (4) MEMBERSHIP.— 

15 (A) IN GENERAL.—The Task Force shall 

16 be composed of 18 members designated pursu17 ant to subparagraph (B). 

18 (B) DESIGNATION.—Members of the Task 

19 Force shall be designated as follows: 

20 (i) The President shall designate 2 

21 members, one of whom shall be the Sec22 retary of Transportation, and the other of 

23 whom shall be an officer of the executive 

24 branch. 


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1 (ii) The majority leader of the Senate 

2 shall designate 4 members from among 

3 Members of the Senate, one of whom must 

4 be a member of the Senate Committee on 

5 Finance and one of whom must be a mem6 ber of the Senate Committee on Environ7 ment and Public Works. 

8 (iii) The minority leader of the Senate 

9 shall designate 4 members from among 

10 Members of the Senate, one of whom must 

11 be a member of the Senate Committee on 

12 Finance and one of whom must be a mem13 ber of the Senate Committee on Environ14 ment and Public Works. 

15 (iv) The Speaker of the House of Rep16 resentatives shall designate 4 members 

17 from among Members of the House of 

18 Representatives, one of whom must be a 

19 member of the House Committee on Ways 

20 and Means and one of whom must be a 

21 member of the House Committee on 

22 Transportation and Infrastructure. 

23 (v) The minority leader of the House 

24 of Representatives shall designate 4 mem25 bers from among Members of the House of 


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1 Representatives, one of whom must be a 

2 member of the House Committee on Ways 

3 and Means and one of whom must be a 

4 member of the House Committee on 

5 Transportation and Infrastructure. 

6 (C) CO-CHAIRS.— 

7 (i) IN GENERAL.—There shall be 2 

8 Co-Chairs of the Task Force. The Presi9 dent, majority leader of the Senate, and 

10 Speaker of the House shall designate one 

11 Co-Chair among the members of the Task 

12 Force. The minority leader of the Senate 

13 and minority leader of the House shall des14 ignate the second Co-Chair among the 

15 members of the Task Force. The Co16 Chairs shall be appointed not later than 14 

17 days after the date of enactment of this 

18 section. 

19 (ii) STAFF DIRECTOR.—The Co20 Chairs, acting jointly, shall hire the staff 

21 director of the Task Force. 

22 (D) DATE.—Members of the Task Force 

23 shall be designated by not later than 14 days 

24 after the date of enactment of this section. 


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1 (E) PERIOD OF DESIGNATION.—Members 

2 shall be designated for the life of the Task 

3 Force. Any vacancy in the Task Force shall not 

4 affect its powers, but shall be filled not later 

5 than 14 days after the date on which the va6 cancy occurs in the same manner as the origi7 nal designation. 

8 (F) COMPENSATION.—Members of the 

9 Task Force shall serve without any additional 

10 compensation for their work on the Task Force. 

11 However, members may be allowed travel ex12 penses, including per diem in lieu of subsist13 ence, in accordance with sections 5702 and 

14 5703 of title 5, United States Code, while away 

15 from their homes or regular places of business 

16 in performance of services for the Task Force. 

17 (5) ADMINISTRATION.— 

18 (A) AUTHORITY TO ESTABLISH RULES AND

19 REGULATIONS.—The Co-Chairs, in consultation 

20 with the other members of the Task Force, may 

21 establish rules and regulations for the conduct 

22 of Task Force business, if such rules and regu23 lations are not inconsistent with this section or 

24 other applicable law. 


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1 (B) QUORUM.—Fourteen members of the 

2 Task Force shall constitute a quorum for pur3 poses of voting, meeting, and holding hearings. 

4 (C) VOTING.— 

5 (i) PROXY VOTING.—No proxy voting 

6 shall be allowed on behalf of the members 

7 of the Task Force. 

8 (ii) REPORT, RECOMMENDATIONS AND

9 LEGISLATIVE LANGUAGE.—The Task 

10 Force may not vote on any version of the 

11 report, recommendations, or legislative lan12 guage before the timing provided for in 

13 paragraph (3)(B)(i). 

14 (D) MEETINGS.— 

15 (i) INITIAL MEETING.—Within 45 

16 days after the date of enactment of this 

17 section, but before September 1, 2015, the 

18 Task Force shall hold its first meeting. 

19 (ii) MEETINGS.—The Task Force 

20 shall meet at the call of the Co-Chairs or 

21 at least 10 of its members. 

22 (iii) AGENDA.—An agenda shall be 

23 provided to the Task Force members at 

24 least 1 week in advance of any meeting. 

25 Task Force members who want to have 


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1 items placed on the agenda for consider2 ation shall notify the staff director as early 

3 as possible, but not less than 48 hours in 

4 advance of a scheduled meeting. 

5 (E) HEARINGS.— 

6 (i) IN GENERAL.—Subject to subpara7 graph (G), the Task Force may, for the 

8 purpose of carrying out this section, hold 

9 such hearings, sit and act at such times 

10 and places, take such testimony, receive 

11 such evidence, and administer such oaths 

12 the Task Force considers advisable. 

13 (ii) HEARING PROCEDURES AND RE14 SPONSIBILITIES OF CO-CHAIRS.— 

15 (I) ANNOUNCEMENT.—The Task 

16 Force Co-Chairs shall make public an17 nouncement of the date, place, time, 

18 and subject matter of any hearing to 

19 be conducted at least 1 week in ad20 vance of such hearing, unless the Co21 Chairs determine that there is good 

22 cause to begin such hearing at an ear23 lier date. 

24 (II) WRITTEN STATEMENT.—A 

25 witness appearing before the Task 


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1 Force shall file a written statement of 

2 proposed testimony at least 2 days 

3 prior to appearance, unless the re4 quirement is waived by the Co-Chairs, 

5 following their determination that 

6 there is good cause for failure of com7 pliance. 

8 (F) TECHNICAL ASSISTANCE.—Upon writ9 ten request of the Co-Chairs, a Federal agency 

10 shall provide technical assistance to the Task 

11 Force in order for the Task Force to carry out 

12 its duties. 

13 (G) INFORMATION.— 

14 (i) RESOURCES.— 

15 (I) IN GENERAL.—Notwith16 standing section 1108 of title 31, 

17 United States Code, the Task Force 

18 shall have authority to access assist19 ance, materials, resources, statistical 

20 data, and other information the Task 

21 Force determines to be necessary to 

22 carry out its duties directly from an 

23 officer or employee of any executive 

24 department, bureau, agency, board, 

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1 lishment, or instrumentality of the 

2 Government, including the Library of 

3 Congress, the Department of Trans4 portation, the Department of the 

5 Treasury, the Office of Management 

6 and Budget, the Government Account7 ability Office, and the Joint Com8 mittee on Taxation. Each agency or 

9 instrumentality shall, to the extent 

10 permitted by law, furnish such infor11 mation to the Task Force upon writ12 ten request of the Co-Chairs. 

13 (II) COPIES SUPPLIED.—Copies 

14 of written requests and all written or 

15 electronic responses provided under 

16 this clause shall be provided to the 

17 staff director and shall be made avail18 able for review by all members of the 

19 Task Force upon request. 

20 (ii) RECEIPT, HANDLING, STORAGE, 

21 AND DISSEMINATION OF INFORMATION.— 

22 Information shall only be received, han23 dled, stored, and disseminated by members 

24 of the Task Force and its staff consistent 


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1 with all applicable statutes, regulations, 

2 and Executive orders. 

3 (iii) LIMITATION OF ACCESS TO TAX

4 INFORMATION.—Information accessed 

5 under this subparagraph shall not include 

6 tax data from the United States Internal 

7 Revenue Service, the release of which 

8 would otherwise be in violation of law. 

9 (H) POSTAL SERVICES.—The Task Force 

10 may use the United States mails in the same 

11 manner and under the same conditions as other 

12 departments and agencies of the Federal Gov13 ernment. 

14 (I) ASSISTANCE FROM FEDERAL AGEN15 CIES.— 

16 (i) GENERAL SERVICES ADMINISTRA17 TION.—Upon the request of the Co-Chairs 

18 of the Task Force, the Administrator of 

19 General Services shall provide to the Task 

20 Force, on a reimbursable basis, the admin21 istrative support services necessary for the 

22 Task Force to carry out its responsibilities 

23 under this section. These administrative 

24 services may include human resources 


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1 management, budget, leasing, accounting, 

2 and payroll services. 

3 (ii) OTHER DEPARTMENTS AND AGEN4 CIES.—In addition to the assistance pre5 scribed in clause (i), departments and 

6 agencies of the United States may provide 

7 to the Task Force such services, funds, fa8 cilities, staff, and other support services as 

9 they may determine advisable and as may 

10 be authorized by law. 

11 (J) CONTRACT AUTHORITY.—The Task 

12 Force is authorized to enter into contracts with 

13 Federal and State agencies, private firms, insti14 tutions, and individuals for the conduct of activ15 ity necessary to the discharge of its duties and 

16 responsibilities. A contract, lease, or other legal 

17 agreement entered into by the Task Force may 

18 not extend beyond the date of the termination 

19 of the Task Force. 

20 (c) STAFF OF TASK FORCE.— 

21 (1) APPOINTMENT AND COMPENSATION OF

22 SHARED STAFF.—The Co-Chairs may appoint and 

23 fix the compensation of a staff director and such 

24 other personnel as may be necessary to enable the 

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1 gard to the provisions of title 5, United States Code, 

2 governing appointments in the competitive service, 

3 but at rates not to exceed the daily rate paid a per4 son occupying a position at level III of the Executive 

5 Schedule under section 5314 of title 5, United 

6 States Code. 

7 (2) ADDITIONAL STAFF FOR TASK FORCE MEM8 BERS.—Each member of the Task Force may ap9 point up to 2 additional dedicated staff and fix the 

10 compensation of such dedicated personnel without 

11 regard to the provisions of title 5, United States 

12 Code, governing appointments in the competitive 

13 service, but at rates not to exceed the daily rate paid 

14 a person occupying a position at level III of the Ex15 ecutive Schedule under section 5314 of title 5, 

16 United States Code. Dedicated staff shall report to 

17 each appointing member. 

18 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

19 (A) IN GENERAL.—The staff director and 

20 any personnel of the Task Force who are em21 ployees shall be employees under section 2105 

22 of title 5, United States Code, for purposes of 

23 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

24 that title. 


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1 (B) MEMBERS OF TASK FORCE.—Subpara2 graph (A) shall not be construed to apply to 

3 members of the Task Force. 

4 (4) OUTSIDE CONSULTANTS.—No outside con5 sultants or other personnel, either by contract, de6 tail, volunteer, or through a remunerative agree7 ment, may be hired without the approval of the Co8 Chairs. 

9 (5) DETAILEES.—With the approval of the Co10 Chairs any Federal Government employee may be 

11 detailed to the Task Force with or without reim12 bursement from the Task Force, and such detailee 

13 shall retain the rights, status, and privileges of his 

14 or her regular employment without interruption. Re15 imbursable amounts may include the fair value of 

16 equipment and supplies used by the detailee in sup17 port of the Task Force’s activities. For the purpose 

18 of this paragraph, Federal Government employees 

19 shall include employees of the legislative branch. 

20 (6) CONSULTANT SERVICES.—The Co-Chairs of 

21 the Task Force are authorized to procure the serv22 ices of experts and consultants in accordance with 

23 section 3109 of title 5, United States Code, but at 

24 rates not to exceed the daily rate paid a person oc25 cupying a position at level III of the Executive 


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1 Schedule under section 5316 of title 5, United 

2 States Code. 

3 (7) TEMPORARY AND INTERMITTENT SERV4 ICES.—The Co-Chairs of the Task Force may pro5 cure temporary and intermittent services under sec6 tion 3109(b) of title 5, United States Code, at rates 

7 for individuals which do not exceed the daily equiva8 lent of the annual rate of basic pay prescribed for 

9 level III of the Executive Schedule under section 

10 5316 of such title. 

11 (8) VOLUNTEER SERVICES.— 

12 (A) IN GENERAL.—Notwithstanding the 

13 provisions of section 1342 of title 31, United 

14 States Code, the Co-Chairs of the Task Force 

15 are authorized to accept and utilize the services 

16 of volunteers serving without compensation. 

17 The Task Force may reimburse such volunteers 

18 for local travel and office supplies, and for 

19 other travel expenses, including per diem in lieu 

20 of substance, as authorized by section 5703 of 

21 title 5, United States Code. 

22 (B) EMPLOYEE STATUS.—A person pro23 viding volunteer services to the Task Force 

24 shall be considered an employee of the Federal 

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1 ices for the purposes of Chapter 81 of title 5, 

2 United States Code, relating to compensation 

3 for work-related injuries, chapter 171 of title 

4 28, United States Code, relating to tort claims 

5 and chapter 11 of title 18, United States Code, 

6 relating to conflicts of interests. 

7 (C) ETHICAL GUIDELINES FOR STAFF.—In 

8 the absence of statutorily defined coverage, the 

9 staff, including staff director, shall follow the 

10 ethical rules and guidelines of the Senate. Staff 

11 coming from the private sector or outside public 

12 government may petition the Co-Chairs for a 

13 waiver from provisions of Senate Ethics rules. 

14 (9) ADVISORY PANEL.—The Task Force may 

15 establish an advisory panel consisting of volunteers 

16 with knowledge and expertise relevant to the Task 

17 Force’s purpose. Membership of the Advisory Panel, 

18 and the scope of the Panel’s activities, shall be de19 cided by the Co-Chairs in consultation with the other 

20 members of the Task Force. 

21 (d) TERMINATION.— 

22 (1) IN GENERAL.—The Task Force shall termi23 nate on the date that is 90 days after the Task 

24 Force submits the report required under paragraph 

25 (b)(3)(B). 


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1 (2) CONCLUDING ACTIVITIES.—The Task Force 

2 may use the 90-day period referred to in paragraph 

3 (1) for the purpose of concluding its activities, in4 cluding providing testimony to committees of Con5 gress concerning its report and disseminating the 

6 final report. 

7 (e) EXPEDITED CONSIDERATION OF TASK FORCE

8 RECOMMENDATIONS.— 

9 (1) INTRODUCTION.— 

10 (A) INTRODUCTION OF TASK FORCE

11 BILL.—The proposed legislative language con12 tained in the report submitted pursuant to sub13 section (b)(3)(B), upon receipt by the Congress, 

14 shall be introduced not later than 14 calendar 

15 days after the date of such submission, in the 

16 Senate and in the House of Representatives by 

17 the majority leader of each House of Congress, 

18 for himself, the minority leader of each House 

19 of Congress, for himself, or any member of the 

20 House designated by the majority leader or mi21 nority leader. If the Task Force bill is not in22 troduced in accordance with the preceding sen23 tence in either House of Congress, then any 

24 Member of that House may introduce the Task 

25 Force bill on any day thereafter. Upon introVerDate Sep 11 2014 00:27 Apr 25, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1846.IH H1846

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1 duction, the Task Force bill shall be referred to 

2 the appropriate committees under subparagraph 

3 (C). 

4 (B) COMMITTEE CONSIDERATION.—A 

5 Task Force bill introduced in either House of 

6 Congress shall be jointly referred to the com7 mittee or committees of jurisdiction of that 

8 House, which committees shall report the bill 

9 without any revision and with a favorable rec10 ommendation, an unfavorable recommendation, 

11 or without recommendation, not later than 7 

12 calendar days after the date of introduction of 

13 the bill in that House, or the first day there14 after on which that House is in session. If any 

15 committee fails to report the bill within that pe16 riod, that committee shall be automatically dis17 charged from consideration of the bill, and the 

18 bill shall be placed on the appropriate calendar. 

19 (2) EXPEDITED PROCEDURES.— 

20 (A) FAST TRACK CONSIDERATION IN

21 HOUSE OF REPRESENTATIVES.— 

22 (i) PROCEEDING TO CONSIDER23 ATION.—It shall be in order, not later than 

24 2 days of session after the date on which 

25 a Task Force bill is reported or discharged 


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1 from all committees to which it was re2 ferred, for the majority leader of the 

3 House of Representatives or the majority 

4 leader’s designee, to move to proceed to 

5 the consideration of the Task Force bill. It 

6 shall also be in order for any Member of 

7 the House of Representatives to move to 

8 proceed to the consideration of the Task 

9 Force bill at any time after the conclusion 

10 of such 2-day period. All points of order 

11 against the motion are waived. Such a mo12 tion shall not be in order after the House 

13 has disposed of a motion to proceed on the 

14 Task Force bill. The previous question 

15 shall be considered as ordered on the mo16 tion to its adoption without intervening 

17 motion. The motion shall not be debatable. 

18 A motion to reconsider the vote by which 

19 the motion is disposed of shall not be in 

20 order. 

21 (ii) CONSIDERATION.—The Task 

22 Force bill shall be considered as read. All 

23 points of order against the Task Force bill 

24 and against its consideration are waived. 

25 The previous question shall be considered 


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1 as ordered on the Task Force bill to its 

2 passage without intervening motion except 

3 60 hours of debate equally divided and 

4 controlled by the proponent and an oppo5 nent, and any motion to limit debate. A 

6 motion to reconsider the vote on passage of 

7 the Task Force bill shall not be in order. 

8 (iii) APPEALS.—Appeals from deci9 sions of the chair relating to the applica10 tion of the Rules of the House of Rep11 resentatives to the procedure relating to a 

12 Task Force bill shall be decided without 

13 debate. 

14 (iv) APPLICATION OF HOUSE

15 RULES.—Except to the extent specifically 

16 provided in paragraph (2)(A), consider17 ation of a Task Force bill shall be gov18 erned by the Rules of the House of Rep19 resentatives. It shall not be in order in the 

20 House of Representatives to consider any 

21 Task Force bill introduced pursuant to the 

22 provisions of this subsection under a sus23 pension of the rules pursuant to Clause 1 

24 of House Rule XV, or under a special rule 


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1 reported by the House Committee on 

2 Rules. 

3 (v) NO AMENDMENTS.—No amend4 ment to the Task Force bill shall be in 

5 order in the House of Representatives. 

6 (vi) VOTE ON PASSAGE.—Immediately 

7 following the conclusion of consideration of 

8 the Task Force bill, the vote on passage of 

9 the Task Force bill shall occur without any 

10 intervening action or motion, requiring an 

11 affirmative vote of three-fifths of the Mem12 bers, duly chosen and sworn. If the Task 

13 Force bill is passed, the Clerk of the 

14 House of Representatives shall cause the 

15 bill to be transmitted to the Senate before 

16 the close of the next day of session of the 

17 House. The vote on passage shall occur not 

18 later than December 31, 2016. 

19 (vii) VOTE.—The House Committee 

20 on Rules may not report a rule or order 

21 that would have the effect of causing the 

22 Task Force bill to be approved by a vote 

23 of less than three-fifths of the Members, 

24 duly chosen and sworn. 


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1 (B) FAST TRACK CONSIDERATION IN SEN2 ATE.— 

3 (i) IN GENERAL.—Notwithstanding 

4 Rule XXII of the Standing Rules of the 

5 Senate, it is in order, not later than 2 days 

6 of session after the date on which a Task 

7 Force bill is reported or discharged from 

8 all committees to which it was referred, for 

9 the majority leader of the Senate or the 

10 majority leader’s designee to move to pro11 ceed to the consideration of the Task 

12 Force bill. It shall also be in order for any 

13 Member of the Senate to move to proceed 

14 to the consideration of the Task Force bill 

15 at any time after the conclusion of such 2- 

16 day period. A motion to proceed is in order 

17 even though a previous motion to the same 

18 effect has been disagreed to. All points of 

19 order against the motion to proceed to the 

20 Task Force bill are waived. The motion to 

21 proceed is not debatable. The motion is not 

22 subject to a motion to postpone. A motion 

23 to reconsider the vote by which the motion 

24 is agreed to or disagreed to shall not be in 

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1 eration of the Task Force bill is agreed to, 

2 the Task Force bill shall remain the unfin3 ished business until disposed of. 

4 (ii) DEBATE.—All points of order 

5 against the Task Force bill and against 

6 consideration of the Task Force bill are 

7 waived. Consideration of the Task Force 

8 bill and of all debatable motions and ap9 peals in connection therewith shall not ex10 ceed a total of 60 hours. Debate shall be 

11 divided equally between the majority and 

12 minority leaders or their designees. A mo13 tion further to limit debate on the Task 

14 Force bill is in order, shall require an af15 firmative vote of three-fifths of the Mem16 bers duly chosen and sworn, and is not de17 batable. Any debatable motion or appeal is 

18 debatable for not to exceed 1 hour, to be 

19 divided equally between those favoring and 

20 those opposing the motion or appeal. All 

21 time used for consideration of the Task 

22 Force bill, including time used for quorum 

23 calls and voting, shall be counted against 

24 the total 100 hours of consideration. 


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1 (iii) NO AMENDMENTS.—An amend2 ment to the Task Force bill, or a motion 

3 to postpone, or a motion to proceed to the 

4 consideration of other business, or a mo5 tion to recommit the Task Force bill, is 

6 not in order. 

7 (iv) VOTE ON PASSAGE.—The vote on 

8 passage shall occur immediately following 

9 the conclusion of the debate on a Task 

10 Force bill, and a single quorum call at the 

11 conclusion of the debate if requested. Pas12 sage shall require an affirmative vote of 

13 three-fifths of the Members, duly chosen 

14 and sworn. The vote on passage shall occur 

15 not later than December 31, 2016. 

16 (v) RULINGS OF THE CHAIR ON PRO17 CEDURE.—Appeals from the decisions of 

18 the Chair relating to the application of the 

19 rules of the Senate, as the case may be, to 

20 the procedure relating to a Task Force bill 

21 shall be decided without debate. 

22 (C) RULES TO COORDINATE ACTION WITH

23 OTHER HOUSE.— 

24 (i) REFERRAL.—If, before the passage 

25 by one House of a Task Force bill of that 


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1 House, that House receives from the other 

2 House a Task Force bill, then the Task 

3 Force bill of the other House shall not be 

4 referred to a committee and shall imme5 diately be placed on the calendar. 

6 (ii) PROCEDURE.—If the Senate re7 ceives the Task Force bill passed by the 

8 House of Representatives before the Sen9 ate has voted on passage of the Task 

10 Force bill— 

11 (I) the procedure in the Senate 

12 shall be the same as if no Task Force 

13 bill had been received from House of 

14 Representatives; and 

15 (II) the vote on passage in the 

16 Senate shall be on the Task Force bill 

17 of the House of Representatives. 

18 (iii) TREATMENT OF TASK FORCE

19 BILL OF OTHER HOUSE.—If one House 

20 fails to introduce or consider a Task Force 

21 bill under this section, the Task Force bill 

22 of the other House shall be entitled to ex23 pedited floor procedures under this section. 

24 (iv) TREATMENT OF COMPANION

25 MEASURES IN THE SENATE.—If, following 


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1 passage of the Task Force bill in the Sen2 ate, the Senate then receives the Task 

3 Force bill from the House of Representa4 tives, the House-passed Task Force bill 

5 shall not be debatable. The vote on passage 

6 of the Task Force bill in the Senate shall 

7 be considered to be the vote on passage of 

8 the Task Force bill received from the 

9 House of Representatives. 

10 (v) VETOES.—If the President vetoes 

11 the Task Force bill, debate on a veto mes12 sage in the Senate under this section shall 

13 be 1 hour equally divided between the ma14 jority and minority leaders or their des15 ignees. 

16 (3) SUSPENSION.—No motion to suspend the 

17 application of this subsection shall be in order in the 

18 Senate or in the House of Representatives. 

19 TITLE III—FAILURE BY CON20 GRESS TO FULLY FUND HIGH21 WAY TRUST FUND 

22 SEC. 301. FAILURE BY CONGRESS TO FULLY FUND HIGH23 WAY TRUST FUND. 

24 (a) HIGHWAY FUELS EXCISE TAX INCREASE TO

25 FUND 3-YEAR SHORTFALL FUNDING.— 


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1 (1) IN GENERAL.—If, before January 1, 2017, 

2 the Secretary of the Treasury determines that Con3 gress has not fully funded the 3-year shortfall in the 

4 Highway Trust Fund, then effective on April 1, 

5 2017, each of the specified rates of tax are hereby 

6 increased by the rate determined by the Secretary of 

7 the Treasury to result in the elimination of such 

8 shortfall over the 3-year shortfall period. 

9 (2) 3-YEAR SHORTFALL.—For purposes of this 

10 subsection, the term ‘‘3-year shortfall’’ means the 

11 excess of— 

12 (A) $50,400,000,000, over 

13 (B) the dollar amount of funding made 

14 available by Act of Congress to the Highway 

15 Trust Fund for the 3-year shortfall period. 

16 (3) 3-YEAR SHORTFALL PERIOD.—For purposes 

17 of this subsection, the term ‘‘3-year shortfall period’’ 

18 means the period beginning on January 1, 2017, 

19 and ending on December 31, 2019. 

20 (b) HIGHWAY FUELS EXCISE TAX INCREASE TO

21 FUND 5-YEAR SHORTFALL FUNDING.— 

22 (1) IN GENERAL.—If, before January 1, 2020, 

23 the Secretary of the Treasury determines that Con24 gress has not fully funded the 5-year shortfall in the 

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1 crease in rates under subsection (a), effective April 

2 1, 2020, each of the specified rates of tax are hereby 

3 further increased by the rate determined by the Sec4 retary of the Treasury to result in the elimination of 

5 such shortfall over the 5-year shortfall period. 

6 (2) 5-YEAR SHORTFALL.—For purposes of this 

7 subsection, the term ‘‘5-year shortfall’’ means the 

8 excess of— 

9 (A) $89,000,000,000, over 

10 (B) the dollar amount of funding made 

11 available by Act of Congress to the Highway 

12 Trust Fund for the 5-year shortfall period. 

13 (3) 5-YEAR SHORTFALL PERIOD.—For purposes 

14 of this subsection, the term ‘‘5-year shortfall period’’ 

15 means the period beginning on January 1, 2020, 

16 and ending on December 31, 2024. 

17 (c) SPECIFIED RATES OF TAX.—For purposes of this 

18 section, the rates of tax specified in this paragraph are 

19 the rates of tax in the following sections of the Internal 

20 Revenue Code of 1986: 

21 (1) Section 4081(a)(2)(A)(i). 

22 (2) Section 4081(a)(2)(A)(iii). 

23 (3) Section 4081(a)(2)(D). 

24 (4) Section 4041(a)(1)(C)(iii). 

25 (5) Section 4041(a)(2)(B)(ii). 


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1 (6) Section 4041(a)(3)(A). 

2 (7) Section 4041(m)(1)(A). 

3 (d) RULE REGARDING TAX RATES.—In making de4 terminations under this section relating to excise tax in5 creases, the ratio that the amount of revenue raised by 

6 an excise tax specified in subsection (c) bears to the aggre7 gate amount of revenue raised by excise taxes specified 

8 in subsection (c) shall remain the same. 

9 (e) EFFECTIVE DATE.—The effective date of an in10 crease in tax under this section shall be— 

11 (1) January 1, 2017, in the case of an increase 

12 under subsection (a), and 

13 (2) January 1, 2020, in the case of an increase 

14 under subsection (b). 

Æ 


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