II

105TH CONGRESS

2D SESSION S. 2042

To provide for a program to improve commercial motor vehicle safety in

the vicinity of the borders between the United States and Canada and

the United States and Mexico.

IN THE SENATE OF THE UNITED STATES

MAY 7, 1998

Mr. FAIRCLOTH introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To provide for a program to improve commercial motor vehicle safety in the vicinity of the borders between the

United States and Canada and the United States and

Mexico.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safe Highways Act of

5 1998’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) BORDER STATE.—The term ‘‘border State’’

2 means a State that has a boundary with a common

3 border between Canada or Mexico.

4 (2) DEPARTMENT.—The term ‘‘Department’’

5 means the Department of Transportation.

6 (3) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Transportation.

8 SEC. 3. BORDER SAFETY IMPROVEMENT PROGRAM.

9 (a) PROGRAM.—The Secretary shall carry out a pro10 gram to improve commercial motor vehicle safety in the

11 vicinity of borders between the United States and Canada

12 and the United States and Mexico.

13 (b) GRANT AND OTHER AUTHORITY.—The Secretary

14 may expend funds made available to carry out this sec15 tion—

16 (1) for making grants to border States, local

17 governments, organizations, and other persons to

18 carry out activities described in subsection (c);

19 (2) to provide for personnel in the Department

20 to conduct the activities referred to in paragraph

21 (1); and

22 (3) to enter into contracts for conducting the

23 activities referred to in paragraph (1).

24 (c) USE OF FUNDS.—The activities for which funds

25 may be expended under this section shall include—
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1 (1) the employment by the Department or a

2 border State of additional personnel to enforce com3 mercial motor vehicle safety laws;

4 (2) the training of personnel to enforce the laws

5 referred to in paragraph (1);

6 (3) the development of databases and commu7 nication systems to improve commercial motor vehi8 cle safety; and

9 (4) education and outreach initiatives.

10 (d) CRITERIA.—In selecting activities and projects

11 for funding under this section, the Secretary shall con12 sider—

13 (1) current levels of enforcement by border

14 States at the time of the selection;

15 (2) cross-border traffic patterns (including the

16 volume of commercial motor vehicle traffic);

17 (3) the location of inspection facilities; and

18 (4) any other factor that the Secretary deter19 mines could result in the greatest safety improve20 ment and benefit to border States and the United

21 States.

22 (e) FEDERAL SHARE.—

23 (1) IN GENERAL.—The Federal share payable

24 under a grant made under this section for—
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1 (A) any activity described in paragraph

2 (2), (3), or (4) of subsection (c) shall be 80 per3 cent; and

4 (B) any activity described in subsection

5 (c)(1) shall be—

6 (i) 80 percent for the first 2 years

7 that a State receives a grant under this

8 section for that activity;

9 (ii) 50 percent for the third and

10 fourth years that a State receives a grant

11 under this section for that activity; and

12 (iii) 25 percent for the fifth and sixth

13 years that a State receives a grant under

14 this section for that activity.

15 (2) IN-KIND CONTRIBUTIONS.—In determining

16 the non-Federal costs under paragraph (1), the Sec17 retary shall include in-kind contributions made by

18 the grant recipient.

19 (f) MAINTENANCE OF EFFORT.—

20 (1) IN GENERAL.—A grant may not be made to

21 a State under this section for an activity described

22 in subsection (c)(1) for any fiscal year unless the

23 State enters into such agreements with the Sec24 retary as the Secretary may require to ensure that

25 the State will maintain the expenditures described in
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1 paragraph (2), at the level specified in paragraph

2 (3), from all sources of funding other than a grant

3 under this section.

4 (2) EXPENDITURES.—The expenditures re5 ferred to in paragraph (1) are the aggregate expend6 itures for employment of personnel to enforce com7 mercial motor vehicle safety regulations in the vicin8 ity of the border between the United States and

9 Canada or Mexico.

10 (3) LEVEL.—The level specified in this para11 graph, with respect to the expenditures described in

12 paragraph (2), is a level greater than or equal to the

13 average level of those expenditures for the 2 fiscal

14 years of the State preceding the date of enactment

15 of this Act.

16 (g) FUNDING.—There are authorized to be appro17 priated to the Department of Transportation to carry out

18 this section, $20,000,000 for each of fiscal years 1999

19 through 2003.

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