,,ii  #aafth ,,congress  #ast ,session  
,s4 #ajch  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #d1     
#bjai,mrs4 ,fischer introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to strengthen highway       
funding in the near term1 to offer      
,states additional financing tools1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,build   
,,usa ,infrastructure ,act4  #b4        
,definitions ,in this ,act3 7#a7        
,administration ,the term               
,administration means the ,federal      
,highway ,administration4  7#b7         
,administrator ,the term ,administrator 
means the ,administrator of the         
,administration4  7#c7 ,core            
infrastructure project ,the term core   
infrastructure project means a          
,federal-aid highway or highway 7as     
those terms are defined in section      
#aja7;a7 of title #bc1 ,united ,states  

,code7 project of a ,state that is      
eligible for funding under chapter #a of
 title #bc1 ,united ,states ,code4  7#d7
 ,state ,the term ,state has the meaning
 given the term in section #aja7;a7 of  
title #bc1 ,united ,states ,code4  #c4  
,addressing near term transportation    
needs ,section #aje of title #bc1       
,united ,states ,code1 is amended--     
7#a7 by redesignating subsection 7g7 as 
subsection 7h72 and  7#b7 by inserting  
after subsection 7f7 the following3  7g7
 ,u4,s4 ,customs and ,border ,protection
 revenues ,during the #e-year period    
beginning on ,october #a1 #bjbj1 the    
first #ba1djj1jjj1jjj of revenues       
collected by ,u4,s4 ,customs and ,border
 ,protection during each fiscal year    
shall be deposited into the ,highway    
,trust ,fund4  4  #d4 ,highway project  
flexibility for ,states  7a7 ,in general
 ,a ,state may enter into an agreement  
with the ,administration1 for a period  
of #c years or longer1 under which1     
during each fiscal year of the          

agreement1 the ,state agrees--  7#a7 to 
opt out of receiving #fj percent or     
greater of the amount authorized out of 
the ,highway ,trust ,fund that the      
,state would have received for          
,federal-aid highway activities under   
section #aai7;d7 or #acc7;b7 of title   
#bc1 ,united ,states ,code1 for that    
fiscal year1 and a corresponding amount 
of any applicable obligation limitation2
  7#b7 in lieu of the amount referred to
 in paragraph 7#a71 to accept from the  
,administration an amount equal to #ij  
percent of that amount and a            
corresponding amount of any applicable  
obligation limitation2 and  7#c7 to use 
the amount received from the            
,administration under paragraph 7#b7 to 
carry out core infrastructure projects  
in accordance with this section4  7b7   
,amount of opt-,out  7#a7 ,in general   
,the amount described in subsection     
7a77#a7 shall not include any amounts   
required to be set aside1 any penalties1
 or any amounts required to be          

suballocated to areas based on          
population4  7#b7 ,effect on certain    
provisions ,if a ,state enters into an  
agreement under subsection 7a71 the     
calculation under section #acc7;d77#a7  
of title #bc1 ,united ,states ,code1    
shall be determined as if the ,state had
 not entered into the agreement4  7c7   
,treatment of funds  7#a7 ,in general   
,except as otherwise provided in this   
,act1 amounts received by a ,state under
 an agreement under subsection 7a7 shall
 be available for obligation and        
administered as if apportioned under    
chapter #a of title #bc1 ,united ,states
 ,code4  7#b7 ,disadvantaged business   
enterprises ,section #aaja7;b7 of the   
,,fast ,act 7#bc ,u4,s4,c4 #aja note2   
,public ,law #aad-id7 shall apply to    
amounts received by a ,state under an   
agreement under subsection 7a7 as if    
those amounts were made available under 
title ,i of that ,act4  7d7 ,state      
determination of compliance             
,notwithstanding any other provision of 

law1 in carrying out a core             
infrastructure project in accordance    
with this subsection1 a ,state--  7#a7  
shall determine whether the ,state is in
 compliance with all ,federal           
requirements of--  7,a7 environmental   
approvals relating to the project2  7,b7
 environmental permits relating to the  
project2  7,c7 section #cac of title    
#bc1 ,united ,states ,code2  7,d7 the   
development and construction of the     
project1 including preliminary design1  
right-of-way acquisition1 construction  
engineering1 and final acceptance of the
 project2  7,e7 preapproval for         
preventative maintenance projects and   
procedures2  7,f7 project agreements and
 modifications to project agreements2   
and  7,g7 consultant procurement        
services relating to the project2 and   
7#b7 shall assume responsibility of and 
oversight duties over compliance with   
all applicable requirements4  7e7       
,judicial review ,the determination of a
 ,state under subsection 7d77#a7 shall  

not be subject to judicial review4  7f7 
,rulemaking ,the ,administrator shall   
issue such regulations as may be        
necessary to carry out this section4