; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. 9. Regulations The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out the BIFIA program. 10. Funding (a) Authorization of appropriations There are authorized to be appropriated to the Assistant Secretary to carry out this Act $5,000,000,000 for fiscal year 2018, to remain available until expended. (b) Administrative expenses Of the amount appropriated under subsection (a), the Assistant Secretary may use not more than 5 percent for the administration of the BIFIA program. 11. Reports to Congress (a) In General Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under the BIFIA program, including a recommendation as to whether the objectives of the BIFIA program are best served by— (1) continuing the program under the authority of the Assistant Secretary