S.Amdt. 2355Senate108th Congress (2003-2005)

S.Amdt. 2355

What it does: Rewrites page 934, line 6 through page 942, line 5
Submitted February 11, 2004

What it changes

1 change to S. 1072

Replaces text
  1. Rewrites page 934, line 6 through page 942, line 5

    ReplacesPrinted page

    Removes page 934, line 6 through page 942, line 5 of the printed bill. See that page

    Inserted: SEC. 1812. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

    Inserted: (a) In General.--Subchapter I of chapter 1 of title 23, United States Code (as amended by section 1811(a)), is amended by adding at the end the following:

    Inserted: "Sec. 172 Coordinated border infrastructure program

    Inserted: "(a) Definitions.--In this section:

    Inserted: "(1) Border region.--The term "border region" means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico.

    Inserted: "(2) Border state.--The term "border State" means any State that has a boundary in common with Canada or Mexico.

    Inserted: "(3) Commercial vehicle.--The term "commercial vehicle" means a vehicle that has the primary purpose of transporting cargo in international or interstate commercial trade.

    Inserted: "(4) Passenger vehicle.--The term "passenger vehicle" means a vehicle that has the primary purpose of transporting individuals.

    Inserted: "(b) Program.--The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and

    Inserted: goods at or across the border between the United States and Canada and the border between the United States and Mexico.

    Inserted: "(c) Eligible Uses.--A State may use an allocations under this section in a border region only for--

    Inserted: "(1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements;

    Show 42 more inserted paragraphs

    Inserted: "(2) construction of highways and related safety and safety enforcement facilities that facilitate vehicle and cargo movements relating to international trade;

    Inserted: "(3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement;

    Inserted: "(4) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements;

    Inserted: "(5) projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region; and

    Inserted: "(6) planning and environmental studies relating to projects eligible under this section.

    Inserted: "(d) Mandatory and Discretionary Programs.--

    Inserted: "(1) Mandatory program.--

    Inserted: "(A) In general.--For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in subparagraph (B), funds to be used in accordance with subsection (c).

    Inserted: "(B) Formula.--Subject to subparagraph (C), the Secretary shall allocate funds to a border State under this paragraph as follows:

    Inserted: "(i) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

    Inserted: "(I) the weight in short tons of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico; bears to

    Inserted: "(II) the weight in short tons of all cargo entering the all border States by commercial vehicle across the international borders with Canada and Mexico.

    Inserted: "(ii) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

    Inserted: "(I) the trade value of all cargo entering the border State by commercial vehicle and all cargo exiting the border State by commercial vehicle across the international border with Canada or Mexico; bears to

    Inserted: "(II) the trade value of all cargo entering all border States by commercial vehicle and all cargo exiting the border States by commercial vehicle across the international borders with Canada and Mexico.

    Inserted: "(iii) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

    Inserted: "(I) the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico; bears to

    Inserted: "(II) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico.

    Inserted: "(iv) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

    Inserted: "(I) the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico; bears to

    Inserted: "(II) the number of all passenger vehicles annually entering all border States across the international borders with Canada and Mexico.

    Inserted: "(C) Minimum allocation.--Notwithstanding subparagraph (B), for each fiscal year, each border State shall receive at least half of 1 percent of the funds made available for allocation under this paragraph for the fiscal year.

    Inserted: "(2) Other factors.--

    Inserted: "(A) In general.--In addition to funds allocated under paragraph (1), the Secretary shall make allocations to border States under this paragraph based on the factors described in subparagraph (B).

    Inserted: "(B) Factors.--The factors in subparagraph (A) are, with respect to a project carried out under this section in a border State--

    Inserted: "(i) any expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project;

    Inserted: "(ii) strategies to increase the use of underused border crossing facilities and approaches;

    Inserted: "(iii) leveraging of Federal funds provided under this section, including--

    Inserted: "(I) the use of innovative financing;

    Inserted: "(II) the combination of Federal funds provided under this section with funding provided for other provisions of this title; and

    Inserted: "(III) the combination of Federal funds provided under this section with funds from other Federal, State, local, or private sources;

    Inserted: "(iv)(I) the degree of multinational involvement in the project; and

    Inserted: "(II) demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and counterpart agencies in Canada and Mexico;

    Inserted: "(v) the degree of demonstrated coordination with Federal inspection agencies;

    Inserted: "(vi) the extent to which the innovative and problem-solving techniques of the proposed project would be applicable to other border stations or ports of entry;

    Inserted: "(vii) demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and

    Inserted: "(viii) such other factors as the Secretary determines to be appropriate to promote border transportation efficiency and safety.

    Inserted: "(3) Equity bonus.--Each of the mandatory programs under paragraph (1) and the discretionary program under paragraph (2) shall be included in the calculation of the minimum guarantee and equity bonus under section 105.

    Inserted: "(e) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent.".

    Inserted: (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code (as amended by section 1811(b)), is amended by adding at the end the following:

    Inserted: "172. Coordinated border infrastructure program.".

    Inserted: SEC. 1813. PUERTO RICO HIGHWAY PROGRAM.

    Original wording

    Beginning on page 934, strike line 6 and all that follows through page 942, line 5, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2355. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 934, strike line 6 and all that follows through page 942, line 5, and insert the following:

SEC. 1812. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23, United States Code (as amended by section 1811(a)), is amended by adding at the end the following:

“Sec. 172 Coordinated border infrastructure program

“(a) Definitions.--In this section:

“(1) Border region.--The term “border region” means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico.

“(2) Border state.--The term “border State” means any State that has a boundary in common with Canada or Mexico.

“(3) Commercial vehicle.--The term “commercial vehicle” means a vehicle that has the primary purpose of transporting cargo in international or interstate commercial trade.

“(4) Passenger vehicle.--The term “passenger vehicle” means a vehicle that has the primary purpose of transporting individuals.

“(b) Program.--The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and

goods at or across the border between the United States and Canada and the border between the United States and Mexico.

“(c) Eligible Uses.--A State may use an allocations under this section in a border region only for--

“(1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements;

“(2) construction of highways and related safety and safety enforcement facilities that facilitate vehicle and cargo movements relating to international trade;

“(3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement;

“(4) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements;

“(5) projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region; and

“(6) planning and environmental studies relating to projects eligible under this section.

“(d) Mandatory and Discretionary Programs.--

“(1) Mandatory program.--

“(A) In general.--For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in subparagraph (B), funds to be used in accordance with subsection (c).

“(B) Formula.--Subject to subparagraph (C), the Secretary shall allocate funds to a border State under this paragraph as follows:

“(i) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

“(I) the weight in short tons of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico; bears to

“(II) the weight in short tons of all cargo entering the all border States by commercial vehicle across the international borders with Canada and Mexico.

“(ii) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

“(I) the trade value of all cargo entering the border State by commercial vehicle and all cargo exiting the border State by commercial vehicle across the international border with Canada or Mexico; bears to

“(II) the trade value of all cargo entering all border States by commercial vehicle and all cargo exiting the border States by commercial vehicle across the international borders with Canada and Mexico.

“(iii) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

“(I) the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico; bears to

“(II) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico.

“(iv) 25 percent shall be allocated in the ratio, as determined by the Secretary using data collected by the Bureau of Transportation Statistics Transborder Surface Freight Dataset and based on an average of the 3 most recent years for which data are available, that--

“(I) the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico; bears to

“(II) the number of all passenger vehicles annually entering all border States across the international borders with Canada and Mexico.

“(C) Minimum allocation.--Notwithstanding subparagraph (B), for each fiscal year, each border State shall receive at least half of 1 percent of the funds made available for allocation under this paragraph for the fiscal year.

“(2) Other factors.--

“(A) In general.--In addition to funds allocated under paragraph (1), the Secretary shall make allocations to border States under this paragraph based on the factors described in subparagraph (B).

“(B) Factors.--The factors in subparagraph (A) are, with respect to a project carried out under this section in a border State--

“(i) any expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project;

“(ii) strategies to increase the use of underused border crossing facilities and approaches;

“(iii) leveraging of Federal funds provided under this section, including--

“(I) the use of innovative financing;

“(II) the combination of Federal funds provided under this section with funding provided for other provisions of this title; and

“(III) the combination of Federal funds provided under this section with funds from other Federal, State, local, or private sources;

“(iv)(I) the degree of multinational involvement in the project; and

“(II) demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and counterpart agencies in Canada and Mexico;

“(v) the degree of demonstrated coordination with Federal inspection agencies;

“(vi) the extent to which the innovative and problem-solving techniques of the proposed project would be applicable to other border stations or ports of entry;

“(vii) demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and

“(viii) such other factors as the Secretary determines to be appropriate to promote border transportation efficiency and safety.

“(3) Equity bonus.--Each of the mandatory programs under paragraph (1) and the discretionary program under paragraph (2) shall be included in the calculation of the minimum guarantee and equity bonus under section 105.

“(e) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent.”.

(b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code (as amended by section 1811(b)), is amended by adding at the end the following:

“172. Coordinated border infrastructure program.”.

SEC. 1813. PUERTO RICO HIGHWAY PROGRAM.

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Senate amendment submitted

February 11, 2004