[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 325 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 325

    To amend title 23, United States Code, to establish programs to 
             facilitate international and interstate trade.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2005

Mr. Levin (for himself and Ms. Collins) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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 Act of 
2005''.

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) Allocations of Funds.--
            ``(1) In general.--For each fiscal year, the Secretary 
        shall allocate among border States, in accordance with the 
        formula described in paragraph (2), funds to be used in 
        accordance with subsection (c).
            ``(2) Formula.--Subject to paragraph (3), the amount 
        allocated to a border State under this paragraph shall be 
        determined by the Secretary, as follows:
                    ``(A) 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.
                    ``(B) 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.
                    ``(C) 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.
                    ``(D) 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 passenger vehicles 
                        annually entering all border States across the 
                        international borders with Canada and Mexico.
            ``(3) Data source.--
                    ``(A) In general.--The data used by the Secretary 
                in making allocations under this subsection shall be 
                based on the Bureau of Transportation Statistics 
                Transborder Surface Freight Dataset (or other similar 
                database).
                    ``(B) 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.
            ``(4) Minimum allocation.--Notwithstanding paragraph (2), 
        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.
    ``(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 considered 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 2006 through 2011.
            ``(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. 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.--For the 
        coordinated border infrastructure program under section 165 of 
        title 23, United States Code, $200,000,000 for each of fiscal 
        years 2006 through 2011.''.
    (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.''.
                                 <all>