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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Highway Trust Fund 
Commission Act of 2003’’.
SEC. 2. NATIONAL COMMISSION ON FUTURE REVENUE 
SOURCES TO SUPPORT THE HIGHWAY TRUST 
FUND. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a National Commission on Future 
Revenue Sources to Support the Highway Trust Fund. 
(b) FUNCTION.—The Commission shall—
(1) conduct a comprehensive investigation of al-
ternatives to replace the fuel tax as the principal 
revenue source to support the Highway Trust Fund 
over at least the next 30 years; 
(2) consult with the Secretary of Transpor-
tation and the Secretary of the Treasury to assure 
that their views concerning essential attributes of 
Highway Trust Fund revenue alternatives are un-
derstood; 
(3) consult with the American Association of 
State Highway and Transportation Officials to as-
sure that State transportation agency views on alter-
native revenue sources to support State transpor-
tation improvement programs are appropriately con-
sidered and that any recommended Federal financ-
ing strategy take into account State financial re-
quirements; and 
(4) make, based on the investigation, specific 
recommendations regarding actions that need to be
taken to develop alternative revenue sources to sup-
port the Highway Trust Fund and when those ac-
tions must be taken. 
(c) SPECIFIC MATTERS TO BE ADDRESSED.—The 
investigation under subsection (b) shall address specifi-
cally—
(1) advantages and disadvantages of alternative 
revenue sources to meet anticipated Federal surface 
transportation financial requirements; 
(2) the time frame within which actions must 
be taken to transition from the fuel tax to alter-
native revenue sources to support the Highway 
Trust Fund; 
(3) recommendations concerning alternative 
revenue sources to support long-term Federal sur-
face transportation financing requirements; 
(4) development of a broad transition strategy 
to move from the current tax base to new funding 
mechanisms, including the time frame for various 
aspects of the transition strategy; 
(5) recommendations for additional research 
that may be needed to implement recommended al-
ternatives; and 
(6) the extent to which revenues should reflect 
the relative use of the highway system.
(d) FACTORS TO CONSIDER AND EVALUATE.—The 
investigation under subsection (b) shall take into account 
findings, conclusions, and recommendations of recent 
studies by the Transportation Research Board on alter-
natives to the fuel tax to support highway program financ-
ing and relevant prior research completed by the Depart-
ment of Transportation, the Department of Energy, and 
others. In developing recommendations under subsection 
(b), the Commission shall consider—
(1) the ability to generate sufficient revenues to 
meet anticipated long term surface transportation fi-
nancing needs; 
(2) the roles of the various levels of government 
and the private sector in meeting future surface 
transportation financing needs; 
(3) administrative costs, including enforcement, 
to implement each option; 
(4) potential taxpayer privacy concerns; 
(5) likely technological advances that could ease 
implementation of each option; 
(6) alternative transportation vehicles, including 
various alternative-fueled vehicles; 
(7) the equity and economic efficiency of each 
option;
(8) the flexibility of different options to allow 
various pricing alternatives to be implemented; and 
(9) potential compatibility issues with States’ 
tax mechanisms under each alternative. 
(e) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be 
composed of 9 members as follows: 
(A) Three members appointed by the 
President. 
(B) Three members appointed by the 
Speaker of the House of Representatives. 
(C) Three members appointed by the ma-
jority leader of the Senate. 
(2) 
QUALIFICATIONS.—Members 
appointed 
under paragraph (2) shall have experience in public 
finance, surface transportation program administra-
tion, managing organizations that use surface trans-
portation facilities, academic research into related 
issues, or other activities that provide unique per-
spectives on current and future requirements for 
revenue sources to support the Highway Trust 
Fund. 
(3) TERMS.—Members shall be appointed for 
the life of the Commission.
(4) VACANCIES.—A vacancy on the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(5) TRAVEL EXPENSES.—Members shall serve 
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance 
with sections 5702 and 5703 of title 5, United 
States Code. 
(6) CHAIRMAN.—The Chairman of the Commis-
sion shall be elected by the members. 
(f) STAFF.—The Commission may engage the serv-
ices of an appropriate organization, agency, or firm to con-
duct the investigation under subsection (b). The Commis-
sion shall provide strategic guidance for the investigation. 
Upon request of the Commission, the Secretary may de-
tail, on a reimbursable basis, any of the personnel of that 
department to the Commission to assist it in carrying out 
its duties under this section. The staff of the Secretary 
shall cooperate with the Commission in the investigation, 
including providing nonconfidential data and information 
as necessary to conduct the investigation. 
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Secretary shall provide 
to the Commission, on a reimbursable basis, the adminis-
trative support and services necessary for the Commission 
to carry out its responsibilities under this section. 
(h) REPORT
AND RECOMMENDATIONS.—Not later 
than September 30, 2006, the Commission shall transmit 
to Congress a final report on the results of the investiga-
tion conducted under this section and specific rec-
ommendations to address the needs identified in the inves-
tigation. 
(i) RELATIONSHIP TO OTHER LAWS.—The Federal 
Advisory Committee Act (5 U.S.C. App.) does not apply 
to the Commission. 
(j) TERMINATION.—The Commission shall terminate 
on the 180th day following the date of transmittal of the 
report under subsection (h). By such 180th day, all 
records and papers of the Commission shall be delivered 
to the Administrator of the General Services for deposit 
in the National Archives. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) $2,000,000 
for fiscal year 2004 to carry out this section. 
(l) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of the investigation and 
the Commission under this section shall be 100 percent, 
and such funds shall remain available until expended.
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