Build USA Infrastructure Act

To strengthen highway funding in the near term, to offer States additional financing tools, and for other purposes. 1. Short title This Act may be cited as the Build USA Infrastructure Act 2. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Core infrastructure project The term core infrastructure project chapter 1 (4) State The term State 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. . 4. Highway project flexibility for States (a) In general A State may enter into a State remittance agreement with the Federal Highway Administration, for a period of 3 years or longer, under which— (1) the State agrees to remit to the Administration not less than 60 percent of the total amount of funds received by the State from the Federal Government during each year of the agreement for Federal-aid highway activities under sections 119(d) and 133(b) of title 23, United States Code; (2) the Administration agrees to provide the State with funds in an amount equal to 90 percent of the amount the State remitted to the Administration under paragraph (1); and (3) the State agrees to use the funds received from the Administration under paragraph (2) to carry out core infrastructure projects in accordance with subsection (b). (b) 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) is authorized to 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; (2) shall assume responsibility of and oversight duties over compliance with the requirements described in paragraph (1); and (3) to the maximum extent practicable, shall attempt to carry out the project in compliance with all Federal requirements. (c) Judicial review The determination of a State under subsection (b)(1) shall not be subject to judicial review. (d) Use of State-Remitted funds The Administrator shall deposit an amount equal to 10 percent of the funds remitted to the Administration by States under subsection (a)(1) to the Highway Trust Fund. (e) Rulemaking The Administrator shall issue such regulations as may be necessary to carry out this section.

Summary: Build USA Infrastructure Act This bill requires, for the five-year period beginning on October 1, 2020, the deposit of the first $21.4 billion of revenues collected by the U.S. Customs and Border Protection of the Department of Homeland Security into the Highway Trust Fund (HTF). A state may enter into a state remittance agreement with the Federal Highway Administration (FHWA), for a period of three years or longer, under which: it agrees to remit to the FHWA at least 60% of federal funds the state receives during each year of the agreement for federal-aid highway activities under the national highway performance program and the surface transportation block grant program; the FHWA agrees to provide the state with funds equal to 90% of the amount the state remitted to the FHWA; and the state agrees to use those funds to carry out core infrastructure projects in accordance with provisions that authorize the state to determine whether it is in compliance with federal project requirements regarding environmental approvals and permits, the use of only steel, iron, and manufactured products produced in the United States, project development and construction, preapproval for preventative maintenance, project agreements and modifications to such agreements, and consultant procurement services. The FHWA shall deposit ten percent of state-remitted funds into the HTF.