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

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

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

Be it enacted by the Senate and House of Representatives 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 Transportation 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 alternatives 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 Transportation and the Secretary of the Treasury to assure that their views concerning essential attributes of Highway Trust Fund revenue alternatives are understood;

(3) consult with the American Association of State Highway and Transportation Officials to assure that State transportation agency views on alternative revenue sources to support State transportation improvement programs are appropriately considered and that any recommended Federal financing strategy take into account State financial requirements; and

(4) make, based on the investigation, specific recommendations regarding actions that need to be taken to develop alternative revenue sources to support the Highway Trust Fund and when those actions must be taken.

(c) SPECIFIC MATTERS TO BE ADDRESSED- The investigation under subsection (b) shall address specifically--

(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 alternative revenue sources to support the Highway Trust Fund;

(3) recommendations concerning alternative revenue sources to support long-term Federal surface 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 alternatives; 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 alternatives to the fuel tax to support highway program financing and relevant prior research completed by the Department 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 financing 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 majority leader of the Senate.

(2) QUALIFICATIONS- Members appointed under paragraph (2) shall have experience in public finance, surface transportation program administration, managing organizations that use surface transportation facilities, academic research into related issues, or other activities that provide unique perspectives 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, including 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 Commission shall be elected by the members.

(f) STAFF- The Commission may engage the services of an appropriate organization, agency, or firm to conduct the investigation under subsection (b). The Commission shall provide strategic guidance for the investigation. Upon request of the Commission, the Secretary may detail, 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 administrative 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 investigation conducted under this section and specific recommendations to address the needs identified in the investigation.

(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 available to carry out this section shall be available for obligation 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.

END