[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 408 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 408

      To establish sources of funding for certain transportation 
   infrastructure projects in the vicinity of the border between the 
 United States and Mexico that are necessary to accommodate increased 
 traffic resulting from the implementation of the North American Free 
Trade Agreement, including construction of new Federal border crossing 
                  facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1997

  Mrs. Boxer (for herself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
      To establish sources of funding for certain transportation 
   infrastructure projects in the vicinity of the border between the 
 United States and Mexico that are necessary to accommodate increased 
 traffic resulting from the implementation of the North American Free 
Trade Agreement, including construction of new Federal border crossing 
                  facilities, and for other purposes.

    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 ``Border Infrastructure Safety and 
Congestion Relief Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) because of the North American Free Trade Agreement, all 
        4 States along the United States-Mexico border will require 
        significant investments in highway infrastructure capacity and 
        motor carrier safety enforcement at a time when border States 
        face extreme difficulty in meeting current highway funding 
        needs;
            (2) the full benefits of increased international trade can 
        be realized only if delays at the borders are significantly 
        reduced; and
            (3) Federal receipts from United States customs duties and 
        fees are estimated to increase by an average of $800,000,000 
        annually in fiscal years 1998 through 2001, and these monies 
        are an appropriate source of funding for programs designed to 
        address the infrastructure needs of border States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Border region.--The term ``border region'' means the 
        region located within 60 miles of the United States border with 
        Mexico.
            (2) Border state.--The term ``border State'' means 
        California, Arizona, New Mexico, and Texas.
            (3) Fund.--The term ``Fund'' means the Border 
        Transportation Infrastructure Fund established by section 4(g).
            (4) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND 
              CONGESTION RELIEF.

    (a) In General.--Using amounts in the Fund, the Secretary shall 
make grants under this section to border States that submit an 
application that demonstrates need, due to increased traffic resulting 
from the implementation of NAFTA, for assistance in carrying out 
transportation projects that are necessary to relieve traffic 
congestion or improve enforcement of motor carrier safety laws.
    (b) Grants for Connectors to Federal Border Crossing Facilities.--
The Secretary shall make grants to border States for the purposes of 
connecting, through construction or reconstruction, the National 
Highway System designated under section 103(b) of title 23, United 
States Code, with Federal border crossing facilities located in the 
United States in the border region.
    (c) Grants for Weigh-in-Motion Devices in Mexico.--The Secretary 
shall make grants to assist border States in the purchase, 
installation, and maintenance of weigh-in-motion devices and associated 
electronic equipment that are to be located in Mexico if real time data 
from the devices is provided to the nearest United States port of entry 
and to State commercial vehicle enforcement facilities that serve the 
port of entry.
    (d) Grants for Commercial Vehicle Enforcement Facilities.--The 
Secretary shall make grants to border States to construct, operate, and 
maintain commercial vehicle enforcement facilities located in the 
border region.
    (e) Limitations on Expenditures of Funds.--
            (1) Cost sharing.--A grant under this section shall be used 
        to pay the Federal share of the cost of a project. The Federal 
        share shall be 80 percent.
            (2) Allocation among states.--
                    (A) In general.--For each of fiscal years 1998 
                through 2001, the Secretary shall allocate amounts 
                remaining in the Fund, after any transfers under 
                section 5, among border States in accordance with an 
                equitable formula established by the Secretary in 
                accordance with subparagraphs (B) and (C).
                    (B) Considerations.--Subject to subparagraph (C), 
                in establishing the formula, the Secretary shall 
                consider--
                            (i) the annual volume of international 
                        commercial vehicle traffic at the ports of 
                        entry of each border State as compared to the 
                        annual volume of international commercial 
                        vehicle traffic at the ports of entry of all 
                        border States, based on the data provided in 
                        the most recent report submitted under section 
                        8;
                            (ii) the percentage by which international 
                        commercial vehicle traffic in each border State 
                        has grown during the period beginning on the 
                        date of enactment of the North American Free 
                        Trade Agreement Implementation Act (Public Law 
                        103-182) as compared to that percentage for 
                        each other border State; and
                            (iii) the extent of border transportation 
                        improvements carried out by each border State 
                        during the period beginning on the date of 
                        enactment of the North American Free Trade 
                        Agreement Implementation Act (Public Law 103-
                        182).
                    (C) Minimum allocation.--Each border State shall 
                receive not less than 5 percent of the amounts made 
                available to carry out this section during the period 
                of authorization under subsection (i).
    (f) Eligibility for Reimbursement for Previously Commenced 
Projects.--The Secretary shall make a grant under this section to a 
border State that reimburses the border State for a project for which 
construction commenced after January 1, 1994, if the project is 
otherwise eligible for assistance under this section.
    (g) Border Transportation Infrastructure Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States the Border Transportation Infrastructure Fund 
        to be used in carrying out this section, consisting of such 
        amounts as are appropriated to the Fund under subsection (i).
            (2) Expenditures from fund.--
                    (A) In general.--Subject to subparagraph (B), upon 
                request by the Secretary, the Secretary of the Treasury 
                shall transfer from the Fund to the Secretary such 
                amounts as the Secretary determines are necessary to 
                make grants under this section and transfers under 
                section 5.
                    (B) Administrative expenses.--An amount not 
                exceeding 1 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                section.
    (h) Applicability of Title 23.--Title 23, United States Code, shall 
apply to grants made under this section.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund to carry out this section and section 5 
$125,000,000 for each of fiscal years 1998 through 2001. The 
appropriated amounts shall remain available for obligation until the 
end of the third fiscal year following the fiscal year for which the 
amounts are appropriated.

SEC. 5. CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR LAW 
              ENFORCEMENT PURPOSES.

    At the request of the Attorney General, the Secretary may transfer, 
during the period consisting of fiscal years 1998 through 2001, up to 
$10,000,000 of the amounts from the Fund to the Attorney General for 
the construction of transportation infrastructure necessary for law 
enforcement in border States.

SEC. 6. BORDER INFRASTRUCTURE INNOVATIVE FINANCING.

    (a) Purposes.--The purposes of this section are--
            (1) to encourage the establishment and operation of State 
        infrastructure banks in accordance with section 350 of the 
        National Highway System Designation Act of 1995 (109 Stat. 618; 
        23 U.S.C. 101 note); and
            (2) to advance transportation infrastructure projects 
        supporting international trade and commerce.
    (b) Federal Line of Credit.--Section 350 of the National Highway 
System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is 
amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:
    ``(l) Federal Line of Credit.--
            ``(1) Definitions.--In this subsection, the terms `border 
        region' and `border State' have the meanings given the terms in 
        section 3 of the Border Infrastructure Safety and Congestion 
        Relief Act of 1997.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated from the general fund of the Treasury 
        $100,000,000 to be used by the Secretary to make lines of 
        credit available to--
                    ``(A) border States that have established 
                infrastructure banks under this section; and
                    ``(B) the State of New Mexico which has established 
                a border authority that has bonding capacity.
            ``(3) Amount.--The line of credit available to each 
        participating border State shall be equal to the product of--
                    ``(A) the amount appropriated under paragraph (2); 
                and
                    ``(B) the quotient obtained by dividing--
                            ``(i) the contributions of the State to the 
                        Highway Trust Fund during the latest fiscal 
                        year for which data are available; by
                            ``(ii) the total contributions of all 
                        participating border States to the Highway 
                        Trust Fund during that fiscal year.
            ``(4) Use of line of credit.--The line of credit under this 
        subsection shall be available to provide Federal support in 
        accordance with this subsection to--
                    ``(A) a State infrastructure bank engaged in 
                providing credit enhancement to creditworthy eligible 
                public and private multimodal projects that support 
                international trade and commerce in the border region; 
                and
                    ``(B) the New Mexico Border Authority;
        (each referred to in this subsection as a `border 
        infrastructure bank').
            ``(5) Limitations.--
                    ``(A) In general.--A line of credit under this 
                subsection may be drawn on only--
                            ``(i) with respect to a completed project 
                        described in paragraph (4) that is receiving 
                        credit enhancement through a border 
                        infrastructure bank;
                            ``(ii) when the cash balance available in 
                        the border infrastructure bank is insufficient 
                        to pay a claim for payment relating to the 
                        project; and
                            ``(iii) when all subsequent revenues of the 
                        project have been pledged to the border 
                        infrastructure bank.
                    ``(B) Third party creditor rights.--No third party 
                creditor of a public or private entity carrying out a 
                project eligible for assistance from a border 
                infrastructure bank shall have any right against the 
                Federal Government with respect to a line of credit 
                under this subsection, including any guarantee that the 
                proceeds of a line of credit will be available for the 
                payment of any particular cost of the public or private 
                entity that may be financed under this subsection.
            ``(6) Interest rate and repayment period.--Any draw on a 
        line of credit under this subsection shall--
                    ``(A) accrue, beginning on the date the draw is 
                made, interest at a rate equal to the current (as of 
                the date the draw is made) market yield on outstanding, 
                marketable obligations of the United States with 
                maturities of 30 years; and
                    ``(B) shall be repaid within a period of not more 
                than 30 years.
            ``(7) Relationship to state apportionment.--Funds made 
        available to States to carry out this subsection shall be in 
        addition to funds apportioned to States under section 104 of 
        title 23, United States Code.''.

SEC. 7. RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM.

    (a) Purpose.--The purpose of this section is to provide assistance 
for freight rail projects in border States that benefit international 
trade and relieve highways of increased traffic resulting from NAFTA.
    (b) Issuance of Obligations.--The Secretary shall issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 832), in such amounts, and at such times, as may be 
necessary to--
            (1) pay any amounts required pursuant to the guarantee of 
        the principal amount of an obligation under section 511 of that 
        Act (45 U.S.C. 831) for any eligible freight rail project 
        described in subsection (c) during the period that the 
        guaranteed obligation is outstanding; and
            (2) during the period referred to in paragraph (1), meet 
        the applicable requirements of this section and sections 511 
        and 513 of that Act (45 U.S.C. 832 and 833).
    (c) Eligibility.--Assistance provided under this section shall be 
limited to those freight rail projects located in the United States 
that provide intermodal connections that enhance cross-border traffic 
in the border region.
    (d) Limitation.--Notwithstanding any other provision of law, the 
aggregate unpaid principal amounts of obligations that may be 
guaranteed by the Secretary under this section may not exceed 
$100,000,000 during any of fiscal years 1998 through 2001.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to make loan guarantees under this section $10,000,000 for 
each of fiscal years 1998 through 2001.

SEC. 8. REPORT.

    (a) In General.--The Secretary shall annually submit to Congress 
and the Governor of each border State a report concerning--
            (1) the volume and nature of international commercial 
        vehicle traffic crossing the border between the United States 
        and Mexico; and
            (2)(A) the number of international commercial vehicle 
        inspections conducted by each border State at each United 
        States port of entry; and
            (B) the rate of out-of-service violations of international 
        commercial vehicles found through the inspections.
    (b) Information Provided by United States Customs Service.--For the 
purpose of preparing each report under subsection (a)(1), the 
Commissioner of Customs shall provide to the Secretary such information 
described in subsection (a)(1) as the Commissioner has available.

SEC. 9. SENSE OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS.

    It is the sense of the Committee on Environment and Public Works of 
the Senate that the programs authorized under this Act should be fully 
financed in a budget neutral manner by offsetting receipts derived from 
customs duties and fees.
                                 <all>