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Superseded Guidance

Coordinated Border Infrastructure Program Legislation

Legislation

SEC. 1303.

Coordinated Border Infrastructure Program

  1. (a) General Authority.--The Secretary shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico.
  2. (b) Eligible Uses.--Subject to subsection (d), a State may use funds apportioned under this section only for--
    1. (1) improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements;
    2. (2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade;
    3. (3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement;
    4. (4) modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and
    5. (5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements.
  3. (c) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows:
    1. (1) 20 percent in the ratio that--
      1. (A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
      2. (B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
    2. (2) 30 percent in the ratio that--
    3. [[Page 119 STAT. 1208]]
      1. (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
      2. (B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
    4. (3) 25 percent in the ratio that--
      1. (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
      2. (B) the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
    5. (4) 25 percent of the ratio that--
      1. (A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
      2. (B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary.
  4. (d) Projects in Canada or Mexico.--A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary that any facility constructed under this subsection will be--
    1. (1) constructed in accordance with standards equivalent to applicable standards in the United States; and
    2. (2) properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project.
  5. (e) Transfer of Funds to the General Services Administration.--
    1. (1) State funds.--At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding one or more projects described in subsection (b) if--
      1. (A) the Secretary determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and
      2. (B) the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section.
    2. (2) Non-federal share.--
      1. (A) In general.--A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project.
  6. [[Page 119 STAT. 1209]]
    1. (B) No augmentation of appropriations.--Funds provided by a border State under subparagraph (A)--
      1. (i) shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and
      2. (ii) shall be--
        1. (I) administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but
        2. (II) available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
    2. (3) Obligation authority.--Obligation authority shall be transferred to the General Services Administration for a project in the same manner and amount as the funds provided for the project under paragraph (1).
    3. (4) Limitation on transfer of funds.--No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of--
      1. (A) 15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or
      2. (B) $5,000,000.
  7. (f) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.
  8. (g) Definitions.--In this section, the following definitions apply:
    1. (1) Border region.--The term "border region'' means any portion of a border State within 100 miles of an international land border with Canada or Mexico.
    2. (2) Border state.--The term "border State'' means any State that has an international land border with Canada or Mexico.
    3. (3) Commercial truck.--The term "commercial truck'' means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code.
    4. (4) Motor vehicle.--The term ``motor vehicle'' has the meaning such term has under section 101(a) of title 23, United States Code.
    5. (5) State.--The term "State" has the meaning such term has in section 101(a) of such title 23.
Updated: 12/03/2012
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