II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Build USA Infrastruc5 ture Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATION.—The term ‘‘Administra9 tion’’ means the Federal Highway Administration. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•S 271 IS

1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Administra3 tion. 

4 (3) CORE INFRASTRUCTURE PROJECT.—The 

5 term ‘‘core infrastructure project’’ means a Federal6 aid highway or highway (as those terms are defined 

7 in section 101(a) of title 23, United States Code) 

8 project of a State that is eligible for funding under 

9 chapter 1 of title 23, United States Code. 

10 (4) STATE.—The term ‘‘State’’ has the mean11 ing given the term in section 101(a) of title 23, 

12 United States Code. 

13 SEC. 3. ADDRESSING NEAR TERM TRANSPORTATION 

14 NEEDS. 

15 Section 105 of title 23, United States Code, is 

16 amended— 

17 (1) by redesignating subsection (g) as sub18 section (h); and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) U.S. CUSTOMS AND BORDER PROTECTION REV22 ENUES.—During the 5-year period beginning on October 

23 1, 2020, the first $21,400,000,000 of revenues collected 

24 by U.S. Customs and Border Protection during each fiscal 

25 year shall be deposited into the Highway Trust Fund.’’. 


sradovich on DSK3GMQ082PROD with BILLS
3 

•S 271 IS

1 SEC. 4. HIGHWAY PROJECT FLEXIBILITY FOR STATES. 

2 (a) IN GENERAL.—A State may enter into a State 

3 remittance agreement with the Federal Highway Adminis4 tration, for a period of 3 years or longer, under which— 

5 (1) the State agrees to remit to the Administra6 tion not less than 60 percent of the total amount of 

7 funds received by the State from the Federal Gov8 ernment during each year of the agreement for Fed9 eral-aid highway activities under sections 119(d) and 

10 133(b) of title 23, United States Code; 

11 (2) the Administration agrees to provide the 

12 State with funds in an amount equal to 90 percent 

13 of the amount the State remitted to the Administra14 tion under paragraph (1); and 

15 (3) the State agrees to use the funds received 

16 from the Administration under paragraph (2) to 

17 carry out core infrastructure projects in accordance 

18 with subsection (b). 

19 (b) STATE DETERMINATION OF COMPLIANCE.—Not20 withstanding any other provision of law, in carrying out 

21 a core infrastructure project in accordance with this sub22 section, a State— 

23 (1) is authorized to determine whether the 

24 State is in compliance with all Federal requirements 

25 of— 


sradovich on DSK3GMQ082PROD with BILLS
4 

•S 271 IS

1 (A) environmental approvals relating to the 

2 project; 

3 (B) environmental permits relating to the 

4 project; 

5 (C) section 313 of title 23, United States 

6 Code; 

7 (D) the development and construction of 

8 the project, including preliminary design, right9 of-way acquisition, construction engineering, 

10 and final acceptance of the project; 

11 (E) preapproval for preventative mainte12 nance projects and procedures; 

13 (F) project agreements and modifications 

14 to project agreements; and 

15 (G) consultant procurement services relat16 ing to the project; 

17 (2) shall assume responsibility of and oversight 

18 duties over compliance with the requirements de19 scribed in paragraph (1); and 

20 (3) to the maximum extent practicable, shall at21 tempt to carry out the project in compliance with all 

22 Federal requirements. 

23 (c) JUDICIAL REVIEW.—The determination of a 

24 State under subsection (b)(1) shall not be subject to judi25 cial review. 


sradovich on DSK3GMQ082PROD with BILLS
5 

•S 271 IS

1 (d) USE OF STATE-REMITTED FUNDS.—The Admin2 istrator shall deposit an amount equal to 10 percent of 

3 the funds remitted to the Administration by States under 

4 subsection (a)(1) to the Highway Trust Fund. 

5 (e) RULEMAKING.—The Administrator shall issue 

6 such regulations as may be necessary to carry out this 

7 section. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS