[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 271 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 271

    To strengthen highway funding in the near term, to offer States 
          additional financing tools, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2017

 Mrs. Fischer introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To strengthen highway funding in the near term, to offer States 
          additional financing tools, and for other purposes.

    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 ``Build USA Infrastructure Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Federal Highway Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Core infrastructure project.--The term ``core 
        infrastructure project'' means a Federal-aid highway or highway 
        (as those terms are defined in section 101(a) of title 23, 
        United States Code) project of a State that is eligible for 
        funding under chapter 1 of title 23, United States Code.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.

SEC. 3. ADDRESSING NEAR TERM TRANSPORTATION NEEDS.

    Section 105 of title 23, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) U.S. Customs and Border Protection Revenues.--During the 5-
year period beginning on October 1, 2020, the first $21,400,000,000 of 
revenues collected by U.S. Customs and Border Protection during each 
fiscal year shall be deposited into the Highway Trust Fund.''.

SEC. 4. HIGHWAY PROJECT FLEXIBILITY FOR STATES.

    (a) In General.--A State may enter into a State remittance 
agreement with the Federal Highway Administration, for a period of 3 
years or longer, under which--
            (1) the State agrees to remit to the Administration not 
        less than 60 percent of the total amount of funds received by 
        the State from the Federal Government during each year of the 
        agreement for Federal-aid highway activities under sections 
        119(d) and 133(b) of title 23, United States Code;
            (2) the Administration agrees to provide the State with 
        funds in an amount equal to 90 percent of the amount the State 
        remitted to the Administration under paragraph (1); and
            (3) the State agrees to use the funds received from the 
        Administration under paragraph (2) to carry out core 
        infrastructure projects in accordance with subsection (b).
    (b) State Determination of Compliance.--Notwithstanding any other 
provision of law, in carrying out a core infrastructure project in 
accordance with this subsection, a State--
            (1) is authorized to determine whether the State is in 
        compliance with all Federal requirements of--
                    (A) environmental approvals relating to the 
                project;
                    (B) environmental permits relating to the project;
                    (C) section 313 of title 23, United States Code;
                    (D) the development and construction of the 
                project, including preliminary design, right-of-way 
                acquisition, construction engineering, and final 
                acceptance of the project;
                    (E) preapproval for preventative maintenance 
                projects and procedures;
                    (F) project agreements and modifications to project 
                agreements; and
                    (G) consultant procurement services relating to the 
                project;
            (2) shall assume responsibility of and oversight duties 
        over compliance with the requirements described in paragraph 
        (1); and
            (3) to the maximum extent practicable, shall attempt to 
        carry out the project in compliance with all Federal 
        requirements.
    (c) Judicial Review.--The determination of a State under subsection 
(b)(1) shall not be subject to judicial review.
    (d) Use of State-Remitted Funds.--The Administrator shall deposit 
an amount equal to 10 percent of the funds remitted to the 
Administration by States under subsection (a)(1) to the Highway Trust 
Fund.
    (e) Rulemaking.--The Administrator shall issue such regulations as 
may be necessary to carry out this section.
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