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. 

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. 


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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.’’. 


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1 SEC. 4. HIGHWAY PROJECT FLEXIBILITY FOR STATES. 

2 (a) IN GENERAL.—A State may enter into an agree3 ment with the Administration, for a period of 3 years or 

4 longer, under which, during each fiscal year of the agree5 ment, the State agrees— 

6 (1) to opt out of receiving 60 percent or greater 

7 of the amount authorized out of the Highway Trust 

8 Fund that the State would have received for Fed9 eral-aid highway activities under section 119(d) or 

10 133(b) of title 23, United States Code, for that fis11 cal year, and a corresponding amount of any appli12 cable obligation limitation; 

13 (2) in lieu of the amount referred to in para14 graph (1), to accept from the Administration an 

15 amount equal to 90 percent of that amount and a 

16 corresponding amount of any applicable obligation 

17 limitation; and 

18 (3) to use the amount received from the Admin19 istration under paragraph (2) to carry out core in20 frastructure projects in accordance with this section. 

21 (b) AMOUNT OF OPT-OUT.— 

22 (1) IN GENERAL.—The amount described in 

23 subsection (a)(1) shall not include any amounts re24 quired to be set aside, any penalties, or any amounts 

25 required to be suballocated to areas based on popu26 lation. 


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1 (2) EFFECT ON CERTAIN PROVISIONS.—If a 

2 State enters into an agreement under subsection (a), 

3 the calculation under section 133(d)(1) of title 23, 

4 United States Code, shall be determined as if the 

5 State had not entered into the agreement. 

6 (c) TREATMENT OF FUNDS.— 

7 (1) IN GENERAL.—Except as otherwise pro8 vided in this Act, amounts received by a State under 

9 an agreement under subsection (a) shall be available 

10 for obligation and administered as if apportioned 

11 under chapter 1 of title 23, United States Code. 

12 (2) DISADVANTAGED BUSINESS ENTER13 PRISES.—Section 1101(b) of the FAST Act (23 

14 U.S.C. 101 note; Public Law 114–94) shall apply to 

15 amounts received by a State under an agreement 

16 under subsection (a) as if those amounts were made 

17 available under title I of that Act. 

18 (d) STATE DETERMINATION OF COMPLIANCE.—Not19 withstanding any other provision of law, in carrying out 

20 a core infrastructure project in accordance with this sub21 section, a State— 

22 (1) shall determine whether the State is in com23 pliance with all Federal requirements of— 

24 (A) environmental approvals relating to the 

25 project; 


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1 (B) environmental permits relating to the 

2 project; 

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

4 Code; 

5 (D) the development and construction of 

6 the project, including preliminary design, right7 of-way acquisition, construction engineering, 

8 and final acceptance of the project; 

9 (E) preapproval for preventative mainte10 nance projects and procedures; 

11 (F) project agreements and modifications 

12 to project agreements; and 

13 (G) consultant procurement services relat14 ing to the project; and 

15 (2) shall assume responsibility of and oversight 

16 duties over compliance with all applicable require17 ments. 

18 (e) JUDICIAL REVIEW.—The determination of a 

19 State under subsection (d)(1) shall not be subject to judi20 cial review. 

21 (f) RULEMAKING.—The Administrator shall issue 

22 such regulations as may be necessary to carry out this 

23 section. 

Æ 


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