Build USA Infrastructure Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Build USA Infrastruc- 4 ture Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ADMINISTRATION.—The term ‘‘Administra- 8 tion’’ means the Federal Highway Administration. 9 VerDate Sep 11 2014 01:42 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1038.IS S1038 pbinns on DSK79D2C42PROD with BILLS 2 •S 1038 IS (2) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Administra- 2 tion. 3 (3) CORE INFRASTRUCTURE PROJECT.—The 4 term ‘‘core infrastructure project’’ means a Federal- 5 aid highway or highway (as those terms are defined 6 in section 101(a) of title 23, United States Code) 7 project of a State that is eligible for funding under 8 chapter 1 of title 23, United States Code. 9 (4) STATE.—The term ‘‘State’’ has the mean- 10 ing given the term in section 101(a) of title 23, 11 United States Code. 12 SEC. 3. ADDRESSING NEAR TERM TRANSPORTATION 13 NEEDS. 14 Section 105 of title 23, United States Code, is 15 amended— 16 (1) by redesignating subsection (g) as sub- 17 section (h); and 18 (2) by inserting after subsection (f) the fol- 19 lowing: 20 ‘‘(g) U.S. CUSTOMS AND BORDER PROTECTION REV- 21 ENUES.—During the 5-year period beginning on October 22 1, 2020, the first $21,400,000,000 of revenues collected 23 by U.S. Customs and Border Protection during each fiscal 24 year shall be deposited into the Highway Trust Fund.’’. 25 VerDate Sep 11 2014 01:42 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1038.IS S1038 pbinns on DSK79D2C42PROD with BILLS 3 •S 1038 IS SEC. 4. HIGHWAY PROJECT FLEXIBILITY FOR STATES. 1 (a) IN GENERAL.—A State may enter into an agree- 2 ment with the Administration, for a period of 3 years or 3 longer, under which, during each fiscal year of the agree- 4 ment, the State agrees— 5 (1) to opt out of receiving 60 percent or greater 6 of the amount authorized out of the Highway Trust 7 Fund that the State would have received for Fed- 8 eral-aid highway activities under section 119(d) or 9 133(b) of title 23, United States Code, for that fis- 10 cal year, and a corresponding amount of any appli- 11 cable obligation limitation; 12 (2) in lieu of the amount referred to in para- 13 graph (1), to accept from the Administration an 14 amount equal to 90 percent of that amount and a 15 corresponding amount of any applicable obligation 16 limitation; and 17 (3) to use the amount received from the Admin- 18 istration under paragraph (2) to carry out core in- 19 frastructure projects in accordance with this section. 20 (b) AMOUNT OF OPT-OUT.— 21 (1) IN GENERAL.—The amount described in 22 subsection (a)(1) shall not include any amounts re- 23 quired to be set aside, any penalties, or any amounts 24 required to be suballocated to areas based on popu- 25 lation. 26 VerDate Sep 11 2014 01:42 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1038.IS S1038 pbinns on DSK79D2C42PROD with BILLS 4 •S 1038 IS (2) EFFECT ON CERTAIN PROVISIONS.—If a 1 State enters into an agreement under subsection (a), 2 the calculation under section 133(d)(1) of title 23, 3 United States Code, shall be determined as if the 4 State had not entered into the agreement. 5 (c) TREATMENT OF FUNDS.— 6 (1) IN GENERAL.—Except as otherwise pro- 7 vided in this Act, amounts received by a State under 8 an agreement under subsection (a) shall be available 9 for obligation and administered as if apportioned 10 under chapter 1 of title 23, United States Code. 11 (2) DISADVANTAGED BUSINESS ENTER- 12 PRISES.—Section 1101(b) of the FAST Act (23 13 U.S.C. 101 note; Public Law 114–94) shall apply to 14 amounts received by a State under an agreement 15 under subsection (a) as if those amounts were made 16 available under title I of that Act. 17 (d) STATE DETERMINATION OF COMPLIANCE.—Not- 18 withstanding any other provision of law, in carrying out 19 a core infrastructure project in accordance with this sub- 20 section, a State— 21 (1) shall determine whether the State is in com- 22 pliance with all Federal requirements of— 23 (A) environmental approvals relating to the 24 project; 25 VerDate Sep 11 2014 01:42 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1038.IS S1038 pbinns on DSK79D2C42PROD with BILLS 5 •S 1038 IS (B) environmental permits relating to the 1 project; 2 (C) section 313 of title 23, United States 3 Code; 4 (D) the development and construction of 5 the project, including preliminary design, right- 6 of-way acquisition, construction engineering, 7 and final acceptance of the project; 8 (E) preapproval for preventative mainte- 9 nance projects and procedures; 10 (F) project agreements and modifications 11 to project agreements; and 12 (G) consultant procurement services relat- 13 ing to the project; and 14 (2) shall assume responsibility of and oversight 15 duties over compliance with all applicable require- 16 ments. 17 (e) JUDICIAL REVIEW.—The determination of a 18 State under subsection (d)(1) shall not be subject to judi- 19 cial review. 20 (f) RULEMAKING.—The Administrator shall issue 21 such regulations as may be necessary to carry out this 22 section. 23 Æ VerDate Sep 11 2014 01:42 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1038.IS S1038 pbinns on DSK79D2C42PROD with BILLS