American Energy and Infrastructure Jobs Act of 2012

National highway system program

For the National Highway System program under section 119 of title 23, United States Code—

Surface transportation program

For the surface transportation program under section 133 of title 23, United States Code—

Highway safety improvement program

For the highway safety improvement program under section 148 of title 23, United States Code—

Tribal transportation program

For the tribal transportation program under section 202 of title 23, United States Code, $465,000,000 for each of fiscal years 2013 through 2016.

Federal lands transportation program

For the Federal lands transportation program under section 203 of title 23, United States Code, $535,000,000 for each of fiscal years 2013 through 2016.

Recreational trails program

For the recreational trails program under section 206 of title 23, United States Code, $85,000,000 for each of fiscal years 2013 through 2016.

Appalachian development highway system program

For the Appalachian development highway system program under section 14501 of title 40, United States Code, $470,000,000 for each of fiscal years 2013 through 2016.

Congestion mitigation and air quality improvement program

For the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code, $2,000,000,000 for each of fiscal years 2013 through 2016.

Ferry boat and ferry terminal facilities program

For the ferry boat and ferry terminal facilities program under section 147 of title 23, United States Code, $67,000,000 for each of fiscal years 2013 through 2016.

Puerto Rico highway program

For the Puerto Rico highway program under section 165 of title 23, United States Code, $150,000,000 for each of fiscal years 2013 through 2016.

Territorial highway program

For the territorial highway program under section 215 of title 23, United States Code, $50,000,000 for each of fiscal years 2013 through 2016.

Definitions

In this subsection, the following definitions apply:

Amounts for small business concerns

Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, and VII of this Act and section 403(a) of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

Annual listing of disadvantaged business enterprises

Each State shall annually—

Uniform certification

Reporting

The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

Compliance with court orders

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, and VII of this Act and section 403(a) of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.

$37,366,000,000 for fiscal year 2013;

$37,621,000,000 for fiscal year 2014;

$37,676,000,000 for fiscal year 2015; and

$38,000,000,000 for fiscal year 2016.

section 125 of title 23, United States Code;

section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

section 9 of the Federal-Aid Highway Act of 1981 (Public Law 97–134; 95 Stat. 1701);

subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (Public Law 97–424; 96 Stat. 2119);

subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17; 101 Stat. 198);

sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2027);

section 157 of title 23, United States Code (as in effect on June 8, 1998);

section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used;

section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

section 1603 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and

section 105 of title 23, United States Code (as in effect for fiscal years 2013 through 2016, but only in an amount equal to $639,000,000 for each of such fiscal years).

shall not distribute obligation authority provided by subsection (a) for the fiscal year for amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;

shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary;

shall determine the ratio that—

shall distribute among the States the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than to programs to which paragraph (1) applies), by multiplying—

shall distribute the obligation authority provided by subsection (a), less the aggregate of amounts not distributed under paragraphs (1) and (2) and the aggregate of amounts distributed under paragraphs (4) and (5), for Federal-aid highway and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under this Act and title 23, United States Code, in the ratio that—

revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and

redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and section 144 of such title (as in effect on the day before the date of enactment of this Act).

In general

Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2013 through 2016, the Secretary shall distribute to the States any funds that—

Ratio

Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (c)(6).

Availability

Funds distributed under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

remain available until used for obligation of funds for that provision; and

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

by striking Mass Transit Account and inserting Alternative Transportation Account; and

by inserting , and amounts made available from the Alternative Transportation Account to carry out the congestion mitigation and air quality improvement program under section 149, the ferry boat and ferry terminal facilities program under section 147, the Puerto Rico highway program under section 165, and the territorial highway program under section 215, before shall be available.

by striking paragraphs (1) and (15);

by redesignating paragraphs (2) through (14) as paragraphs (5) through (17), respectively;

by inserting before paragraph (5) (as so redesignated) the following:

by striking paragraph (14) (as so redesignated) and inserting the following:

Repeal

Section 133(d)(2) is repealed.

Division between urbanized areas of over 200,000 population and other areas

Section 133(d)(3) is amended—

Applicability of certain requirements to third party sellers

Section 133(d)(5)(A) is amended by striking funded from the allocation required under paragraph (2).

by striking 2004 through 2006 and inserting 2011 through 2013; and

by striking 2007 through 2009 and inserting 2014 through 2016.

Special rule

Notwithstanding section 133(c) of title 23, United States Code, and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under section 133(d)(3)(B) of such title for each of fiscal years 2013 through 2016 may be obligated on roads functionally classified as minor collectors.

Suspension

The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.

by striking subsection (f); and

by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

in paragraph (2)(A)—

in paragraph (2)(B)—

by adding at the end the following:

in subparagraph (A) by striking and;

in subparagraph (B) by striking the period and inserting ; and; and

by adding at the end the following:

In general

The Secretary shall review the oversight program established under section 106(g) of title 23, United States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to carry out title 23, United States Code.

Minimum requirements for review

At a minimum, the review under paragraph (1) shall assess the capability of the program to—

Report to congress

Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review conducted under paragraph (1), which shall include recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, United States Code.

Data collection

The Secretary shall compile and make available to the public on the Internet Web site of the Department the annual expenditure data for funds made available under title 23 and chapter 53 of title 49, United States Code.

Requirements

In carrying out paragraph (1), the Secretary shall ensure that the data made available on the Internet Web site of the Department—

Report to Congress

The Secretary shall transmit, annually, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing a summary of the data described in paragraph (1) for the 1-year period ending on the date on which the report is submitted.

ensure that allocations are made to States only for sums that the State will be able to obligate in the current fiscal year;

determine whether to raise the threshold for an eligible event and raise such threshold if warranted; and

address such other matters as the Secretary considers appropriate.

improve training for Federal and State officials on emergency relief requirements and processes;

establish an Internet Web site containing information on best practices for the implementation of the emergency relief program;

address program differences with the disaster assistance program of the Federal Emergency Management Agency; and

provide guidance on performing a benefit-cost analysis to justify cases in which a betterment is eligible for funding under the emergency relief program.

National Highway System bridges

Out of amounts apportioned to a State for a fiscal year under each of sections 104(b)(1) and 104(b)(3) of title 23, United States Code, an amount equal to 10 percent of such amounts shall be available to the State only for eligible projects on highway bridges on the National Highway System if the Secretary determines under paragraph (3) for the fiscal year that more than 10 percent of the total deck area of highway bridges in the State on the National Highway System is located on highway bridges that have been classified as structurally deficient.

Bridges not on Federal-aid highways

Out of amounts apportioned to a State for a fiscal year under section 104(b)(3) of title 23, United States Code, an amount equal to 110 percent of the amount that the State was required to expend for fiscal year 2009 on projects under section 144(f)(2) of such title (as in effect on the day before the date of enactment of this Act) shall be available to the State only for eligible projects on highway bridges not on Federal-aid highways if the Secretary determines under paragraph (3) for the fiscal year that—

Use of data in national bridge and tunnel inventory

The Secretary shall make the determinations under paragraphs (1) and (2) with respect to a State for a fiscal year based on an average of the final data concerning highway bridges in the State contained in the national bridge and tunnel inventory for the most recent 3 calendar years for which such data are available.

Applicability

This subsection shall apply to amounts apportioned for each of fiscal years 2013 through 2016.

Definitions

In this subsection, the following definitions apply:

by striking paragraph (3);

by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

in paragraph (4), as so redesignated by paragraph (2) of this subsection, by amending subparagraph (A) to read as follows:

in subsection (c)(1) by striking sections 104(b) and 144 and inserting section 104(b); and

in subsection (d) by striking sections 104 and 144 and inserting section 104.

the latest available cost to complete estimate for the Appalachian development highway system under section 14501 of title 40, United States Code, with respect to each State; bears to

the latest available cost to complete estimate for that system with respect to all States.

not less than 1 percent of the funds apportioned under this section; and

not more than 25 percent of the funds apportioned under this section.

Eligible project costs

Section 601(a)(1) is amended in the matter preceding subparagraph (A) by inserting (regardless of when incurred) after including the cost.

Contingent commitment

Section 601(a) is amended—

Master credit agreement

Section 601(a) (as amended by paragraph (2)(A) of this subsection) is further amended by inserting after paragraph (7) the following:

Obligor

Section 601(a)(9) (as redesignated by paragraph (2)(A) of this subsection) is amended by inserting limited liability company, after corporation,.

Project

Section 601(a)(10) (as redesignated by paragraph (2)(A) of this subsection) is amended—

Rural infrastructure project

Section 601(a) (as amended by paragraph (2)(A) of this subsection) is further amended by inserting after paragraph (12) the following:

Subsidy amount

Section 601(a)(16) (as redesignated by paragraph (2)(A) of this subsection) is amended by inserting , or other source of funds provided pursuant to section 608(c)(2), after budget authority.

In general

Section 602 is amended to read as follows:

Clerical amendment

The analysis for chapter 6 is amended by striking the item relating to section 602 and inserting the following:

In general

Terms and limitations

Approval of projects

Section 604(a)(1) is amended by striking selected and inserting approved.

Risk assessment

Section 604(a)(3) is amended by striking 602(b)(2)(B) and inserting 602(c).

Terms and limitations

In general

Section 608(a)(1) is amended to read as follows:

Administrative costs

Section 608(a)(3) is amended by striking $2,200,000 for each of fiscal years 2005 through 2009 and inserting $3,250,000 for each of fiscal years 2013 through 2016.

Projects under a master credit agreement

Section 608(a) is amended by adding at the end the following:

Exhaustion of availability

Section 608 is amended by adding at the end the following:

In general

Section 610(d) is amended—

Highway accounts

Section 610(d)(1) is amended—

in subparagraphs (A) and (B) by striking 2009 and inserting 2016; and

in subparagraph (C)—

Development

Not later than 18 months after the date of enactment of this Act, the Secretary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of transportation facilities.

Use

The Secretary shall encourage States, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and operation of transportation facilities.

Survey and schedule of projects

Section 130(d) is amended by adding at the end the following: Each State shall make the surveys conducted and schedules implemented under this subsection available to the public on an appropriate Internet Web site of the State..

Effective date

The amendment made by paragraph (1) shall take effect 1 year after the date of enactment of this Act.

at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones where traffic is present and where workers have no means of escape, including tunnels and bridges, unless an engineering analysis determines such measures are not necessary;

temporary longitudinal traffic barriers are used to protect workers on highway construction projects in stationary work zones lasting 2 weeks or more if traffic is present, the traffic will be traveling at a speed of 45 miles per hour or more, and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless—

when positive protective measures are necessary for a highway construction project, such measures are paid for on a unit pay basis, unless doing so would create a conflict with innovative contracting approaches, including a design-build contract or a performance-based contract, under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump sum basis.

to allow fire services personnel, who are subject to the regulations, to wear apparel meeting the high visibility requirements set forth in NFPA 1971–2007 (Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting); and

to not require such personnel to wear apparel meeting requirements set forth in ANSI/ISEA 107–2004.

specify goals, objectives, and milestones with respect to the expansion of freight transportation capacity and the improvement of freight transportation infrastructure in the United States;

specify programs, strategies, and projects that will assist in achieving the goals, objectives, and milestones specified under paragraph (1);

specify the manner in which the programs, strategies, and projects specified under paragraph (2) will achieve the goals, objectives, and milestones specified under paragraph (1), including with respect to a 5-year timeframe for meeting the goals, objectives, and milestones;

identify protocols to promote and ensure the implementation of the National Freight Policy; and

identify a cooperative process, which includes State and local governments, for implementing the National Freight Policy.

investing in freight transportation infrastructure to strengthen the economic competitiveness of the United States, reduce congestion, and increase productivity, particularly with respect to domestic industries and businesses that create high-value jobs;

improving and maintaining existing freight transportation infrastructure to ensure that infrastructure meets appropriate standards;

improving the capacity of freight infrastructure across different modes of transportation, reducing congestion, and increasing freight throughput;

incorporating concepts of performance, innovation, competition, and accountability into the operation and maintenance of freight transportation infrastructure;

increasing the usage and number of strategically-located, multi-modal freight transportation facilities to reduce congestion and emissions relating to highways in the United States;

improving the safety of freight transportation;

implementing new technologies to improve the coordination and efficiency of the movement of freight throughout the United States;

improving methods for incorporating international trade estimates into transportation planning; and

advancing the development of aerotropolis transportation systems, which are planned and coordinated multimodal freight and passenger transportation networks that, as determined by the Secretary, provide efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport.

advise the State on freight-related priorities, issues, projects, and funding needs;

serve as a forum for discussion for State transportation decisions affecting freight mobility;

communicate and coordinate regional priorities with other organizations;

promote the sharing of information between the private and public sectors on freight issues; and

participate in the development of the State’s freight plan described in section 1403 of this Act.

an identification of significant freight system trends, needs, and issues with respect to the State;

a description of the freight policies, strategies, and performance measures that will guide the State’s freight-related transportation investment decisions;

a description of how such plan will improve the ability of the State to meet the national freight goals established under section 1401 of this Act and the performance targets established under section 5206 of title 49, United States Code;

evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; and

for routes on which travel by heavy vehicles, including mining, agricultural, and timber vehicles, is projected to substantially deteriorate the condition of roadways, a description of improvements that may be required to reduce or impede such deterioration.

in subsection (a) by adding at the end the following:

in subsection (b)(1)—

In general

The Secretary shall conduct a study with respect to truck sizes and weights in accordance with this section.

Scope

In conducting the study, the Secretary shall examine, in accordance with paragraph (3), the effect on principal arterial routes and National Highway System intermodal connectors that allowing nationwide operation of each covered truck configuration would have.

Contents

In conducting the study, the Secretary shall—

A combination truck tractor-semitrailer—

A combination truck tractor-semitrailer—

Longer combination vehicles (as such term is defined in section 127(d)(4) of title 23, United States Code).

Any other truck configuration the Secretary determines appropriate.

in subsection (e) by striking forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads and inserting tribal roads and Federal lands highways; and

in subsection (l)—

in the paragraph heading by striking Use of Federal lands highway funds and inserting Use of tribal transportation program and Federal Lands transportation program funds; and

by striking section 204 and inserting sections 202 and 203.

in the subsection heading by striking Federal Lands Highways and inserting Tribal Transportation Program and Federal Lands Transportation Program Funds; and

by striking Funds authorized for and all that follows through public lands highways and inserting Funds authorized for tribal transportation facilities and Federal lands transportation facilities.

Existing funds

A repeal or amendment made by this section shall not affect funds apportioned or allocated before the effective date of the repeal.

Amendatory provisions

A repeal made by this section of a provision that contains an amendment to or repeal of another law shall not be construed to affect that law. The amendment to or repeal of that law shall remain in effect as if this section had not been enacted.

by striking subsection (d); and

by redesignating subsections (e) through (j) as subsections (d) through (i), respectively.

in subsection (a)—

by striking subsection (b); and

by redesignating subsection (c) as subsection (b).

by striking (a) Landscape and Roadside Development.—; and

by striking subsection (b).

in subsection (a) in the second sentence by striking the period and inserting and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment.;

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

by inserting after subsection (a) the following:

in subsection (a) by striking may and inserting shall;

in subsection (b) by striking State and and inserting State government and; and

by adding at the end the following:

Requirement

Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with appropriate State motor carrier safety personnel, shall conduct a survey of each State—

Publication of results

The Secretary shall make available to the public on the Internet Web site of the Department the results of surveys conducted under paragraph (1).

Periodic updates

The Secretary shall periodically update surveys conducted under paragraph (1).

Constructing a safety rest area (as defined in section 120(c) of such title) that includes parking for commercial motor vehicles.

Constructing a commercial motor vehicle parking facility adjacent to a commercial truck stop or travel plaza.

Making a facility available to commercial motor vehicle parking, including an inspection and weigh station or a park-and-ride facility.

Promoting the availability of publicly or privately provided commercial motor vehicle parking using intelligent transportation systems and other means.

Constructing a turnout for commercial motor vehicles.

Making capital improvements to a seasonal public commercial motor vehicle parking facility to allow the facility to remain open throughout the year.

Improving the geometric design of an interchange to improve access to a commercial motor vehicle parking facility.

to operate the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625);

to operate a public road safety clearinghouse under section 1411(a) of SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1234); and

to provide work zone safety grants under subsections (a) and (b) of section 1409 of SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232).

Roadway safety

Section 1411(a) of SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1234) is amended by striking paragraph (2) and inserting the following:

Work zone safety grants

Section 1409 of SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232) is amended by striking subsection (c)(1) and inserting the following:

the number and types of engineering and design activities for which commercial enterprises were utilized in the preceding year; and

the policies or procedures utilized by the State transportation department to increase the amount of engineering and design services for which commercial enterprises were utilized.

made—

in an amount equal to or greater than $500,000.

review all demographic data, discrimination complaints, reports, and other relevant information collected or prepared by a recipient of Federal financial assistance or the Department pursuant to an applicable civil rights statute, regulation, or other obligation; and

coordinate with the Secretary of Labor, as necessary, to obtain information regarding equitable employment and contracting opportunities.

A specification of the impediments to nondiscrimination and equal opportunity in federally funded transportation projects, programs, and activities.

Recommendations for overcoming the impediments specified under paragraph (1).

Information upon which the assessment is based.

Public availability

The Secretary shall ensure, to the extent appropriate, that all information reviewed or collected for the assessment under subsection (a) is made available to the public through the prompt and ongoing publication of the information, including a summary of the information, on the Web site of the Department.

Regulations

The Secretary shall issue regulations for the collection and reporting of information necessary to carry out this section.