[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1535 Introduced in Senate (IS)]
1st Session
S. 1535
To amend title 23, United States Code, to establish programs to
facilitate international and interstate trade.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Levin (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on
Environment and Public WorksYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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A BILL
To amend title 23, United States Code, to establish programs to
facilitate international and interstate trade.
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 ``National Highway Borders and Trade
Act of 2003''.
SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
Subchapter I of chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. 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 is used for the primary purpose of
transporting cargo in international or interstate commercial
trade.
``(4) Passenger vehicle.--The term `passenger vehicle'
means a vehicle that is used for 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.--Allocations to States under this section may
only be used in a border region 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 will 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.
``(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
amount allocated to a border State under this paragraph
shall be determined by the Secretary, as follows:
``(i) 25 percent in the ratio that--
``(I) the average annual weight of
all cargo entering the border State by
commercial vehicle across the
international border with Canada or
Mexico, as the case may be; bears to
``(II) the average annual weight of
all cargo entering all border States by
commercial vehicle across the
international borders with Canada and
Mexico.
``(ii) 25 percent in the ratio that--
``(I) the average trade value of
all cargo imported into the border
State and all cargo exported from the
border State by commercial vehicle
across the international border with
Canada or Mexico, as the case may be;
bears to
``(II) the average trade value of
all cargo imported into all border
States and all cargo exported from all
border States by commercial vehicle
across the international borders with
Canada and Mexico.
``(iii) 25 percent in the ratio that--
``(I) the number of commercial
vehicles annually entering the border
State across the international border
with Canada or Mexico, as the case may
be; 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 in the ratio that--
``(I) the number of passenger
vehicles annually entering the border
State across the international border
with Canada or Mexico, as the case may
be; bears to
``(II) the number of all commercial
vehicles annually entering all border
States across the international borders
with Canada and Mexico.
``(C) Data source.--
``(i) In general.--The data used by the
Secretary in making allocations under paragraph
(1) shall be based on the Bureau of
Transportation Statistics Transborder Surface
Freight Dataset (or other similar database).
``(ii) Basis of calculation.--All formula
calculations shall be made using the average
values for the most recent 5-year period for
which data are available.
``(D) Minimum allocation.--Notwithstanding
subparagraph (B), for each fiscal year, each border
State shall receive at least \1/2\ 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 provided
under paragraph (1), the Secretary shall select and
make allocations to border States under this paragraph
based on the factors described in subparagraph (B).
``(B) Factors.--The factors referred to in
subparagraph (A) are, with respect to a project to be
carried out under this section in a border State--
``(i) any expected reduction in, or
improvement in the reliability of, 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 those
funds with funding provided for other
provisions of this title; and
``(III) the combination of those
funds 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 their 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.
``(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.
``(f) Transfer of Funds to the Administrator of General Services.--
``(1) In general.--At the request of a State, funds
allocated to the State under this section shall be transferred
to the Administrator of General Services for the purpose of
funding a project under the administrative jurisdiction of the
Administrator in a border State if the Secretary determines,
after consultation with the State transportation department, as
appropriate, that--
``(A) the Administrator should carry out the
project; and
``(B) the Administrator agrees to use the funds to
carry out the project.
``(2) No augmentation of appropriations.--Funds transferred
under paragraph (1) shall not be deemed to be an augmentation
of the amount of appropriations made to the General Services
Administration.
``(3) Administration.--Funds transferred under paragraph
(1) shall be administered in accordance with the procedures
applicable to the General Services Administration, except that
the funds shall be available for obligation in the same manner
as other funds apportioned under this chapter.
``(4) Transfer of obligation authority.--Obligation
authority shall be transferred to the Administrator of General
Services in the same manner and amount as funds are transferred
for a project under paragraph (1).
``(g) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $200,000,000
for each of fiscal years 2004 through 2009, of which--
``(A) $100,000,000 shall be used to carry out
subsection (d)(1); and
``(B) $100,000,000 shall be used to carry out
subsection (d)(2).
``(2) Obligation authority.--Funds made available to carry
out this section shall be available for obligation as if the
funds were apportioned in accordance with section 104.
``(3) Exclusion from calculation of minimum guarantee.--The
Secretary shall calculate the amounts to be allocated among the
States under section 105 without regard to amounts made
available to the States under this subsection.''.
SEC. 3. NATIONAL TRADE CORRIDOR PROGRAM.
Subchapter I of chapter 1 of title 23, United States Code (as
amended by section 2), is amended by adding at the end the following:
``Sec. 166. National trade corridor program
``(a) Definition of Intermodal Road Connector.--In this section,
the term `intermodal road connector' means a connector highway that
provides motor vehicle access between a route on the National Highway
System and 1 or more major intermodal water port facilities at least 1
of which accepts at least 50,000 20-foot equivalent units of container
traffic (or 200,000 tons of container or noncontainer traffic) per year
of international trade or trade between Alaska or Hawaii and the 48
contiguous States.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a program
to allocate funds to States to be used for coordinated
planning, design, and construction of corridors of national
significance.
``(2) Applications.--A State that seeks to receive an
allocation under this section shall submit to the Secretary an
application in such form, and containing such information, as
the Secretary may request.
``(c) Eligibility of Corridors.--The Secretary may make allocations
under this section with respect to--
``(1) a high priority corridor in a State--
``(A) that is identified in section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031); and
``(B) any part of which is located in a border
region (as defined in section 165(a)); and
``(2) an intermodal road connector.
``(d) Eligible Uses of Funds.--A State may use an allocation under
this section to carry out, for an eligible corridor described in
subsection (c)--
``(1) a feasibility study;
``(2) a comprehensive corridor planning and design
activity;
``(3) a location and routing study;
``(4) multistate and intrastate coordination for each
corridor;
``(5) environmental review; and
``(6) construction.
``(e) Allocation Formula.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall allocate funds among States under this section in
accordance with a formula determined by the Secretary after
taking into consideration, with respect to the applicable
corridor in the State--
``(A) the average annual weight of freight
transported on the corridor;
``(B) the percentage by which freight traffic
increased, during the most recent 5-year period for
which data are available, on the corridor; and
``(C) the annual average number of tractor-trailer
trucks that use the corridor to access other States.
``(2) Maximum allocation.--Not more than 10 percent of the
funds made available for a fiscal year for allocation under
this section may be allocated to any State for the fiscal year.
``(f) Coordination of Planning.--Planning with respect to a
corridor for which an allocation is made under this section shall be
coordinated with--
``(1) transportation planning being carried out by the
States and metropolitan planning organizations along the
corridor; and
``(2) to the extent appropriate, transportation planning
being carried out by--
``(A) Federal land management agencies;
``(B) tribal governments; and
``(C) government agencies in Mexico or Canada.
``(g) Cost Sharing.--The Federal share of the cost of a project
carried out using funds allocated under this section shall not exceed
80 percent.
``(h) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $200,000,000
for each of fiscal years 2004 through 2009.
``(2) Obligation authority.--Funds made available to carry
out this section shall be available for obligation as if the
funds were apportioned in accordance with section 104.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 1101(a) of the Transportation Equity Act for the 21st
Century (112 Stat. 111) is amended by striking paragraph (9) and
inserting the following:
``(9) Coordinated border infrastructure program and
national trade corridor program.--For the coordinated border
infrastructure program and national trade corridor program
under sections 165 and 166, respectively, of title 23, United
States Code, $400,000,000 for each of fiscal years 2004 through
2009.''.
(b) Sections 1118 and 1119 of the Transportation Equity Act for the
21st Century (112 Stat. 161) are repealed.
(c) The analysis for subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after the item relating to section
164 the following:
``165. Coordinated border infrastructure program.
``166. National trade corridor program.''.
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