[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1038 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1038

    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

                             April 4, 2019

 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 an agreement with the 
Administration, for a period of 3 years or longer, under which, during 
each fiscal year of the agreement, the State agrees--
            (1) to opt out of receiving 60 percent or greater of the 
        amount authorized out of the Highway Trust Fund that the State 
        would have received for Federal-aid highway activities under 
        section 119(d) or 133(b) of title 23, United States Code, for 
        that fiscal year, and a corresponding amount of any applicable 
        obligation limitation;
            (2) in lieu of the amount referred to in paragraph (1), to 
        accept from the Administration an amount equal to 90 percent of 
        that amount and a corresponding amount of any applicable 
        obligation limitation; and
            (3) to use the amount received from the Administration 
        under paragraph (2) to carry out core infrastructure projects 
        in accordance with this section.
    (b) Amount of Opt-Out.--
            (1) In general.--The amount described in subsection (a)(1) 
        shall not include any amounts required to be set aside, any 
        penalties, or any amounts required to be suballocated to areas 
        based on population.
            (2) Effect on certain provisions.--If a State enters into 
        an agreement under subsection (a), the calculation under 
        section 133(d)(1) of title 23, United States Code, shall be 
        determined as if the State had not entered into the agreement.
    (c) Treatment of Funds.--
            (1) In general.--Except as otherwise provided in this Act, 
        amounts received by a State under an agreement under subsection 
        (a) shall be available for obligation and administered as if 
        apportioned under chapter 1 of title 23, United States Code.
            (2) Disadvantaged business enterprises.--Section 1101(b) of 
        the FAST Act (23 U.S.C. 101 note; Public Law 114-94) shall 
        apply to amounts received by a State under an agreement under 
        subsection (a) as if those amounts were made available under 
        title I of that Act.
    (d) 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) shall 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; and
            (2) shall assume responsibility of and oversight duties 
        over compliance with all applicable requirements.
    (e) Judicial Review.--The determination of a State under subsection 
(d)(1) shall not be subject to judicial review.
    (f) Rulemaking.--The Administrator shall issue such regulations as 
may be necessary to carry out this section.
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