II 115th CONGRESS 1st Session S. 271 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. Short title This Act may be cited as the Build USA Infrastructure Act . 2. Definitions In this Act: (1) Administration The term Administration means the Federal Highway Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Core infrastructure project The term core infrastructure project means a Federal-aid highway or highway (as those terms are defined in section 101(a) of title 23, United States Code) project of a State that is eligible for funding under chapter 1 of title 23, United States Code. (4) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. 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.