Tuesday, October 04, 2011

Sections 231 and 241

SEC. 231. BUY AMERICAN.


Section 1605 of division A of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) applies to funds made available under this title.


Law Cited:  
Public Law 111-5 (click here)
111th Congress

SUBTITLE E – IMMEDIATE TRANSPORTATION INFRASTRUCURE 
INVESTMENTS

SEC. 241. IMMEDIATE TRANSPORTATION INFRASTRUCTURE 
INVESTMENTS.

(a) GRANTS-IN-AID FOR AIRPORTS.--
(1) IN GENERAL.--There is made available to the Secretary of Transportation $2,000,000,000 to carry out airport improvement under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code.

Cited Law:

TITLE 49 > SUBTITLE VII > PART B > CHAPTER 471 > SUBCHAPTER I > § 47108

§ 47108. PROJECT GRANT AGREEMENTS (click here)

(a) Offer and Acceptance.— On approving a project grant application under this subchapter, the Secretary of Transportation shall offer the sponsor a grant to pay the United States Government’s share of the project costs allowable under section 47110 of this title....


TITLE 49 > SUBTITLE VII > PART B > CHAPTER 471 (click here)

SUBCHAPTER I—AIRPORT IMPROVEMENT Sec. 47101. Policies. 47102. Definitions. 47103. National plan of integrated airport systems. 47104. Project grant authority. 47105. Project grant applications. 47106. Project grant application approval conditioned on satisfaction of project requirements. 47107. Project grant application approval conditioned on assurances about airport operations. 47108. Project grant agreements.47109. United States Government’s share of project costs....

The distribution of funds in The American Jobs Act is based on need and project 
and not according to any formula as stated for education building projects.  The
Secretary of Transportation will distribute the funds according to lawful
standard.

(3) DISTRIBUTION OF FUNDS.--Funds provided to the Secretary under this subsection shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471 of such title.

(4) AVAILABILITY.--The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of 
enactment and obligate remaining amounts not later than two years after enactment.

There are time constraints on these monies.

(b) NEXT GENERATION AIR TRAFFIC CONTROL ADVANCEMENTS.--
(1) IN GENERAL.--There is made available to the Secretary of Transportation $1,000,000,000 for necessary Federal Aviation Administration capital, research and operating costs to carry out Next Generation air traffic control system advancements.

(c) HIGHWAY INFRASTRUCTURE INVESTMENT.--

(1) IN GENERAL.—There is made available to the Secretary of Transportation $27,000,000,000 for restoration, repair, construction and other activities eligible under section 133(b) of title 23, United States Code, and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under section 601(a)(8) of title 23.

Cited law:

Search 23 U.S.C. § 601 : US Code - Section 601: Generally applicable provisions (click here)

(a) Definitions. - In this chapter, the following definitions apply:
(8) Project. - The term "project" means -
(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;
(B) a project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible;
(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and
(D) a project that -
(i) is a project -
(I) for a public freight rail facility or a private
facility providing public benefit for highway users;
(II) for an intermodal freight transfer facility;
(III) for a means of access to a facility described in subclause (I) or (II);
(IV) for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or
(V) that comprises a series of projects described in subclauses (I) through (IV) with the common objective of improving the flow of goods;
(ii) may involve the combining of private and public sector funds, including investment of public funds in private sector facility improvements; and
(iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.
(3) AVAILABILITY.-- The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment.

The funds are to be distributed by a 50-50 split of two years with 50% of the funds set aside for this project distribution in the first year, etc.

The Transportation Secretary is to distribute the monies within 30 days of availability and if those funds are not used or subapportioned within the states those monies are to be returned to the Transportation Secretary for redistribution to other states.

(10) FEDERAL LANDS AND INDIAN RESERVATIONS.--Of the funds provided under this subsection, $550,000,000 shall be set aside for investments in transportation at Indian reservations and Federal lands in accordance with the following:.

(A) Of the funds set aside by this paragraph, $310,000,000 shall be for the Indian Reservation Roads program, $170,000,000 shall be for the Park Roads and Parkways program, $60,000,000 shall be for the Forest Highway Program, and $10,000,000 shall be for the Refuge Roads program....

New Category

(11) JOB TRAINING.--Of the funds provided under this subsection, $50,000,000 shall be set aside for the development and administration of transportation training programs under section 140(b) title 23, United States Code.

(A) Funds set aside under this subsection shall be competitively awarded and used for the purpose of providing training, apprenticeship (including Registered Apprenticeship), skill development, and skill improvement programs, as well as summer transportation institutes and may be transferred to, or administered in partnership with, the Secretary of Labor and shall demonstrate to the Secretary of Transportation program outcomes, including—

We know for a fact the nation's jobs require training.  There are jobs lost permanently from the economy as it existed before the 2008 economic collapse.  All those workers have to be retrained for jobs that exist today.  It is just the way it is.  These jobs are a part of the Airport section of the bill.  It can be debated to some extent as to whether their is duplication of funds the FAA funding, but, Secretary Ray LaHood could speak to that.  However, there are no job training funds that I am aware of in the FAA funding.  So, this section is probably necessary for job creation.

This section goes on for more pages than just one or two, so I'll pick up with it here tomorrow, page 28.