I 
108TH CONGRESS 
1ST SESSION H. R. 3112
To amend title 23, United States Code, to establish programs to facilitate 
international and interstate trade. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2003
Mr. EHLERS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Highway Bor-
ders and Trade Act of 2003’’. 
SEC. 2. COORDINATED BORDER INFRASTRUCTURE PRO-
GRAM. 
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) DEFINITIONS.—In this section: 
‘‘(1) BORDER REGION.—The term ‘border re-
gion’ means the portion of a border State that is lo-
cated within 100 kilometers of a land border cross-
ing 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 ‘com-
mercial vehicle’ means a vehicle that is used for the 
primary purpose of transporting cargo in inter-
national or interstate commercial trade. 
‘‘(4) PASSENGER
VEHICLE.—The term ‘pas-
senger 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 
efficient and 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 sup-
porting infrastructure that facilitate cross-border ve-
hicle and cargo movements; 
‘‘(2) construction of highways and related safe-
ty and safety enforcement facilities that will facili-
tate vehicle and cargo movements relating to inter-
national trade, including cargo inspection facilities 
and equipment; 
‘‘(3) operational improvements, including im-
provements 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 vehi-
cle and cargo movements; 
‘‘(5) projects in Canada or Mexico proposed by 
1 or more border States that directly and predomi-
nantly 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 PROGRAM.—
‘‘(1) IN GENERAL.—For each fiscal year, the 
Secretary shall allocate among border States, in ac-
cordance 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 sub-
section shall be determined by the Secretary, as fol-
lows: 
‘‘(A) 25 percent in the ratio that—
‘‘(i) the average annual weight of all 
cargo entering the border State by com-
mercial 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 com-
mercial 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 inter-
national 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 inter-
national borders with Canada and Mexico. 
‘‘(C) 25 percent in the ratio that—
‘‘(i) the number of commercial vehi-
cles annually entering the border State 
across the international border with Can-
ada or Mexico, as the case may be; bears 
to 
‘‘(ii) the number of all commercial ve-
hicles annually entering all border States 
across the international borders with Can-
ada 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 commercial ve-
hicles annually entering all border States 
across the international borders with Can-
ada and Mexico. 
‘‘(3) DATA SOURCE.—
‘‘(A) IN GENERAL.—The data used by the 
Secretary in making allocations under this sub-
section shall be based on the Bureau of Trans-
portation 
Statistics 
Transborder 
Surface 
Freight Dataset (or other similar database). 
‘‘(B) BASIS
OF
CALCULATION.—All for-
mula calculations shall be made using the aver-
age values for the most recent 5-year period for 
which data are available. 
‘‘(4) 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 sub-
section 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 Serv-
ices for the purpose of funding a project under the 
administrative jurisdiction of the Administrator in a 
border State if the Secretary determines, after con-
sultation 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
APPROPRIA-
TIONS.—Funds transferred under paragraph (1) 
shall not be deemed to be an augmentation of the 
amount of appropriations made to the General Serv-
ices Administration. 
‘‘(3) 
ADMINISTRATION.—Funds 
transferred 
under paragraph (1) shall be administered in accord-
ance 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 Ad-
ministrator 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. 
‘‘(2) OBLIGATION
AUTHORITY.—Funds made 
available to carry out this section shall be available 
for obligation as if the funds were apportioned in ac-
cordance with section 104. 
‘‘(3) EXCLUSION FROM CALCULATION OF MIN-
IMUM
GUARANTEE.—The Secretary shall calculate 
the amounts to be allocated among the States under 
section 105 without regard to amounts made avail-
able to the States under this subsection.’’. 
SEC. 3. NATIONAL TRADE CORRIDOR PROGRAM. 
Subchapter I of chapter 1 of title 23, United States 
Code, is further amended by adding at the end the fol-
lowing: 
‘‘§ 166. National trade corridor program 
‘‘(a) DEFINITION
OF
INTERMODAL
ROAD
CON-
NECTOR.—In this section, the term ‘intermodal road con-
nector’ 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 facili-
ties 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 con-
tiguous 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 re-
ceive an allocation under this section shall submit to 
the Secretary an application in such form, and con-
taining such information, as the Secretary may re-
quest. 
‘‘(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 Effi-
ciency Act of 1991 (105 Stat. 2031); and 
‘‘(B) any part of which is located in a bor-
der 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 de-
sign 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 de-
termined by the Secretary after taking into consider-
ation, 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 traf-
fic increased, during the most recent 5-year pe-
riod for which data are available, on the cor-
ridor; and 
‘‘(C) the annual average number of trac-
tor-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 allo-
cated 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 organiza-
tions 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 ac-
cordance 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 strik-
ing paragraph (9) and inserting the following: 
‘‘(9) COORDINATED BORDER INFRASTRUCTURE 
PROGRAM
AND
NATIONAL
TRADE
CORRIDOR
PRO-
GRAM.—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 re-
pealed. 
(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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