1.
This Act may be cited as the
National Highway Borders Act of
2005
.
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:
165.
Coordinated border infrastructure program
(a)
In this section:
(1)
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)
The term border
State means any State that has a boundary in common with Canada or
Mexico.
(3)
The term commercial
vehicle means a vehicle that is used for the primary purpose of
transporting cargo in international or interstate commercial trade.
(4)
The term passenger
vehicle means a vehicle that is used for the primary purpose of
transporting individuals.
(b)
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)
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)
(1)
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)
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)
(A)
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)
All formula calculations
shall be made using the average values for the most recent 5-year period for
which data are available.
(4)
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)
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)
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)
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)
(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)
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.
.
3.
(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.
.