[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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