[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10666-S10668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself and Ms. Collins):
  S. 1535. A bill to amend title 23, United States Code, to establish 
programs to facilitate international and interstate trade; to the 
Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, I am introducing today, with Senator 
Collins, the National Highway Borders and Trade Act. As a resident of 
the State of Michigan, the primary gateway for U.S.-Canadian trade, I 
am familiar with the pressures being placed on our Nation's highways, 
especially the major trade corridors. Six years ago Congress recognized 
the need for highway programs dedicated to interregional and 
international trade corridors. Since then the funds provided under the 
Borders and Corridors programs have helped make improvements to 
thousands of highway miles.
  Although much progress has been made in improving transportation 
efficiencies, the Nation's freight infrastructure needs additional 
improvements. Increased international trade has put strains on the 
highway system that carries 70 percent of the total goods shipped in 
the United States and the total freight traffic is expected to more 
than double by the year 2020. When the Federal Highway Administration 
studied border crossing times for trucks in 2001 it found that some 
trucks experienced delays of over 83 minutes. These delays pose 
significant obstacles to industries dependent on just-in-time 
deliveries.
  The National Highway Borders and Trade Act of 2003 will help reduce 
border crossing times and improve the highway corridors important for 
international and interstate commerce. Although there are only fifteen 
land border States, the goods that arrive via those States eventually 
travel to every one of the contiguous U.S. States plus Alaska. So our 
bill will benefit all 50 States.
  The National Highway Borders and Trade Act reflects the growth in 
international trade and highway traffic being experienced by many 
States. It would increase funding for these programs and authorize $400 
million a year for 6 years for the combined programs. To ensure more 
stability and predictability for states' border region projects, it 
would make the existing borders program half formula based and half 
discretionary.
  The National Highway Borders and Trade Act also clarifies which other 
roads are eligible for funding to help State transportation departments 
plan for and manage highway commercial traffic in borders regions. 
Using he definition of ``borders region'' adopted by international law, 
roads that go through any border region would be eligible for funding.
  Eligibility for funding under the Borders program will also be 
broadened to include certain projects in Canada or Mexico, something 
that many State departments of transportation have been urging for some 
time. By placing inspection stations and other facilities in our 
neighboring countries, we can more efficiently manage border traffic 
and check for dangerous materials before vehicles enter our country. 
This will also help facilitate establishing reverse customs inspection 
at certain border crossings.
  Our bill will also help to relieve congestion and delays at the 
border. According to the Federal Highway Administration, congestion at 
border crossings can lead to long delays. The lost productivity from 
this congestion has a negative impact on the Nation's economy. It also 
causes environmental problems in the border regions. We need to get 
people and commerce across the borders more quickly and with greater 
safety.
  The bill would also focus the corridors program on roads connecting 
to a land border and expand it to allow for funding for road connectors 
to water ports that accept international trade.

[[Page S10667]]

These changes will increase the number of eligible roads but also 
preserve the purpose of the program as facilitating international 
trade. Water ports play a very important role in international trade. 
For many sectors of the economy the vast majority of their supplies 
travels through these ports. The growth in truck traffic at the 
intermodal ports is taking a toll on the connecting highways. Many of 
these intermodal road connectors are in a state of severe 
deterioration.
  Through TEA-21, 41 States have received funding from the corridors 
program. Because goods imported from Canada and Mexico end up in 
virtually every place in the U.S., improving the Borders and Corridors 
program will benefit every State and the nation's economy as a whole. 
Our bill will grant eligibility to roads in all 50 States.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       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).

[[Page S10668]]

       ``(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.''.
                                 ______