[Congressional Record Volume 163, Number 90 (Wednesday, May 24, 2017)]
[Senate]
[Pages S3108-S3109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                America's Surface Transportation System

  Mrs. FISCHER. Mr. President, I rise to discuss problems that affect 
almost every aspect of our everyday life no matter who we are, where we 
live, our level of income, or any other distinction that might be 
possible to make. These problems have to do with America's surface 
transportation system.
  Like most Nebraskans, I believe infrastructure is a core duty of the 
Federal Government. It represents investment in our economy, public 
safety, and national security. In the Senate, much of my work has been 
focused on removing unnecessary obstacles to the flow of goods, 
materials, and, most importantly, people along our Nation's surface 
transportation networks. Through legislation and with Executive orders, 
we did lower the coefficient of friction on these systems. We can lower 
that enough that people and products can get where they need to go 
quicker and at a lower cost. I have been proud to support several 
pieces of legislation to do just that.
  In 2015, Congress passed the Fixing America's Surface Transportation 
Act--the FAST Act. It was our first long-term highway bill in more than 
a decade. As chairman of the Surface Transportation Subcommittee in the 
Senate, I was glad to help steer it to final passage.
  I am also proud to have authored a significant number of its 
provisions. For example, the bill includes a new national strategic 
freight program that provides every State with annual guaranteed 
funding. Because of the freight program, States will have greater 
flexibility to work with key stakeholders and local officials to 
develop strategic investments in transportation. The program funnels 
transportation funds to States and allows them to decide on their terms 
how to use it. By dedicating funding for rural and urban freight 
corridors, the program enhances the flow of commercial traffic, and it 
increases safety on our Nation's roads.
  The true beauty of this program is that it offers States the 
opportunity to make critical investments to best meet their specific 
geographic and their specific infrastructure needs. Nebraska can elect 
to invest in a rail grade crossing or a truck parking lot along a rural 
road. California could choose to invest in ondock rail projects at our 
Nation's largest port complex located just outside of Los Angeles. It 
works for all States without leaving any behind.
  The FAST Act was an important first step, but there is more to be 
done. President Trump has spoken frequently about the need to invest in 
our transportation infrastructure. Just yesterday, the administration 
released a set of principles for reexamining how we do that. I am 
encouraged to see these proposals that will give States greater 
flexibility to develop our infrastructure as well as reduce unnecessary 
regulations that delay these very important projects.
  The proposal also talks about providing long-term solutions, which is 
something I have long supported. This is critical for States to 
develop, construct, and maintain infrastructure. Last week, at a Senate 
Environment and Public Works Committee hearing, we heard an update from 
Transportation Secretary Elaine Chao. She committed to working closely 
with Congress as we continue to develop commonsense solutions for our 
infrastructure needs. She outlined some of the proposals the Department 
of Transportation is reviewing to include in this infrastructure 
package. During that hearing--the Presiding Officer was there as well--
the Secretary told me she is committed to working closely with my 
colleagues and me to develop a national infrastructure policy.
  I also brought up the issue of delays due to burdensome regulations 
like the National Environmental Policy Act permitting process that 
directly affects Nebraska projects. To address these delays, the 
Nebraska Unicameral unanimously passed legislation that would allow the 
Nebraska Department of Roads to assume the NEPA permitting process. 
NDOR has sent a letter to the Federal Highway Administration to begin 
the implementation of this program, and that could take up to 18 months 
to complete.

  I asked the Secretary for an update on the progress of the 
application, and she assured me the Department is following it closely. 
She said: ``We know the issue, we are tracking it, and we will continue 
to pay attention.'' Furthermore, Secretary Chao explained that the 
administration ``will not specify any list of projects'' in an 
infrastructure plan. States know their transportation needs best, not 
the Federal Government. The larger the role States have from start to 
finish in developing their own infrastructure, the more they can direct 
funding to the projects that directly affect their citizens.
  For the benefit of families across America in both our urban and our 
rural areas, we need to look for out-of-the-box solutions to ensure 
that our infrastructure is up to date. That is why I have introduced 
the Build USA Infrastructure Act, which looks to solve two major 
challenges to our transportation

[[Page S3109]]

system. The first is the near-term solvency of the highway trust fund's 
expiration of the FAST Act in 2020. The second is a lack of flexibility 
for States in starting and finishing major transportation 
infrastructure projects.
  According to the March 2016 Congressional Budget Office projections, 
by the year 2026, the highway trust fund will face a cumulative 
shortfall of approximately $107 billion. Meanwhile, we see construction 
costs climbing. The rise in the use of electric and alternative-fuel 
vehicles is causing trust fund revenues to fall. Heavy Federal 
regulations continue to eat away at that purchasing power of the 
highway trust fund.
  America needs a new plan to successfully meet the looming highway 
trust fund shortfall and to strengthen our transportation system. The 
Build USA Infrastructure Act gives us a plan.
  For 5 years following the expiration of the FAST Act, this 
legislation would direct the U.S. Treasury to dedicate approximately 
$21.4 billion in Customs and Border Patrol-collected fees and revenues 
to the highway trust fund. Now, CBP revenue collections on freight, 
cargo, and passengers include tariffs, duties, taxes, and user fees at 
U.S. land, water, and air ports of entry. CBP revenues from these 
sources amounted to nearly $46 billion in fiscal year 2015. Because of 
their nature as charges on freight and travelers, Customs duties and 
fees closely abide by the ``user pays'' principle that we look at in 
transportation funding. According to CBP, the agency only utilizes $2 
billion of that revenue for its operations, so the diversion of revenue 
would not negatively impact CBP's operating budget. By using an 
existing revenue stream which has a transportation nexus, we provide 
stability to the highway trust fund without increasing fees or taxes, 
and that is sound policy.
  The Build USA Infrastructure Act also offers greater flexibility to 
States so their limited highway dollars can go further for them. I 
served 8 years in the Nebraska Legislature. I know our States, 
counties, and cities face real challenges in starting and completing 
infrastructure projects because of excessive procedural costs, delays, 
and really an overall lack of transportation funding. According to the 
Congressional Research Service, major Federal highway projects can take 
as long as 14 years to complete from start to finish. It took less time 
to build the Panama Canal, and we did that more than a century ago.
  Greater flexibility, improved collaboration, and more autonomy can 
help States begin and complete their vital infrastructure projects in 
less time, which means lower costs. The Build USA Infrastructure Act 
would let them do that through State remittance agreements. This 
legislation would offer States more flexibility and control of 
infrastructure funding by establishing a new partnership between them 
and the U.S. Federal Highway Administration. Under this arrangement, 
States are permitted to enter into voluntary remittance agreements 
whereby they can remit 10 percent of their Federal aid highway dollars 
in exchange for State purview over design, permitting, and construction 
aspects of Federal aid highway projects. The State-remitted money to 
the Federal Highway Administration would be deposited into the highway 
trust fund to help further address its growing deficit. It would give 
States breathing room as they work to bring in projects on time and on 
budget.
  I am so confident in this bill because I have seen these concepts 
work at the State level. As a State senator in the Nebraska 
Legislature, I introduced the Build Nebraska Act. It directed a quarter 
of each cent of sales tax revenue toward maintaining Nebraska's roads 
and bridges. Because of it, more than $1 billion will be available to 
meet Nebraska's infrastructure needs over the next 17 years.
  I also introduced legislation that tasked the Nebraska Department of 
Roads with developing the Federal Funds Purchase Program. In exchange 
for giving up a portion of Federal transportation dollars, Nebraska 
counties and their towns can now receive funds with more reasonable 
regulatory requirements. Because of this program, major Nebraska 
transportation projects, such as the longstanding bridge replacement in 
Buffalo County and a major arterial street in South Sioux City, are up 
and running.
  Investing in infrastructure means so much more than just adding a few 
lines to a map. It means connecting our families and delivering goods 
and services. In Nebraska's case, it means feeding the world. With 
persistence and prudent planning, we can build for the future, we can 
give greater economic opportunity to rising generations, and we can 
connect communities--family to family, town to town, and coast to 
coast.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.