159 
sure that it does not prevent a Class II or Class III 
railroad from having adequate access to direct loans 
and loan guarantees under this title. 
‘‘(3) FEES CREDITED TO SAFETY ACCOUNT.— 
Amounts collected under this subsection shall be 
credited directly to the Safety and Operations ac-
count of the Federal Railroad Administration, and 
shall remain available until expended to pay for the 
costs described in this subsection.’’. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for the cost of direct loans and 
loan guarantees pursuant to sections 502 through 504 of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94–210). 
SEC. 1404. STATE INFRASTRUCTURE BANK PROGRAM. 
Section 610 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking paragraph (1)(A) and in-
serting in its place the following: 
‘‘(A) 10 percent of the funds apportioned 
to the State for each fiscal year under each of 
sections 104(b)(1) and 104(b)(2); and’’; 
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(B) in paragraph (2), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’; and 
(C) in paragraph (3), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’; and 
(2) in subsection (k), by striking ‘‘of fiscal 
years 2005 through 2009’’ and inserting ‘‘fiscal 
year’’. 
SEC. 1405. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 
(a) TOLLING.—Section 129(a) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraphs (B), (G), 
and (H) and redesignating— 
(i) subparagraphs (C) through (F) as 
subparagraphs (B) through (E), respec-
tively; and 
(ii) subparagraph (I) as subparagraph 
(H); 
(B) in subparagraph (B), as redesignated, 
by— 
(i) inserting ‘‘, including such facili-
ties’’ after ‘‘tunnel’’ in the first place it ap-
pears; and 
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(ii) adding a comma after ‘‘Interstate 
System’’; and 
(C) by inserting after subparagraph (E), 
as redesignated, the following: 
‘‘(F) reconstruction of a toll-free Federal- 
aid highway on the Interstate System and con-
version of the highway to a toll facility, subject 
to the approval of the Secretary in accordance 
with paragraph (12); 
‘‘(G) conversion of 1 or more lanes on a 
toll-free highway, bridge or tunnel (including 
highways, bridges or tunnels on the Interstate 
System) to a toll facility for the purpose of re-
ducing or managing high levels of congestion, 
subject to the approval of the Secretary in ac-
cordance with paragraph (12); and’’; 
(2) in paragraph (3)(A), by— 
(A) striking ‘‘shall use’’ and inserting 
‘‘shall ensure that’’; 
(B) inserting ‘‘are used’’ after ‘‘toll facil-
ity’’ in the second place it appears; 
(C) redesignating clauses (iv) and (v) as 
clauses (vi) and (vii), respectively; 
(D) inserting after clause (iii) the fol-
lowing: 
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‘‘(iv) any costs necessary for the im-
provement and operation of public trans-
portation service that— 
‘‘(I) is provided within the trans-
portation corridor in which the toll fa-
cility is located; or 
‘‘(II) contributes to the improved 
operation of the toll facility or the 
highway on which the toll facility is 
located; 
‘‘(v) any costs necessary for miti-
gating any adverse impacts related to the 
tolling of the facility and identified under 
the National Environmental Policy Act 
process as a priority by the State or public 
authority imposing the tolls;″ and’’. 
(E) inserting ‘‘or chapter 53 of title 49’’ 
before the period at the end of clause (vii), as 
redesignated; 
(3) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REQUIREMENTS FOR TOLLING FOR CON-
GESTION MANAGEMENT.— 
‘‘(A) IN
GENERAL.—A public authority 
with jurisdiction over a toll-free highway, 
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bridge, or tunnel that is converted to a toll fa-
cility that is tolled under paragraph (1)(G) 
shall manage the demand to use the facility by 
varying the toll amount that is charged. 
‘‘(B) HOV FACILITIES.—A high occupancy 
vehicle facility converted to a toll facility under 
paragraph (1)(G) shall be subject to the re-
quirements of section 166 of this title.’’; 
(4) by redesignating paragraph (10) as para-
graph (11); 
(5) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) ELECTRONIC
TOLL
COLLECTION.—Fees 
collected from motorists using a toll facility that is 
tolled pursuant to this section and opened to traffic 
on or after October 1, 2015, shall be collected only 
through the use of noncash electronic technology 
that optimizes the free flow of traffic on the toll fa-
cility.’’; and 
(6) by inserting at the end the following: 
‘‘(12) APPROVAL.—A facility tolled under para-
graph (1)(F) or (1)(G) shall receive the approval of 
the Secretary according to criteria that the Sec-
retary shall publish in the Federal Register.’’. 
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164 
(b) FERRY BOATS.—Section 129(c)(2) of title 23, 
United States Code, is amended by inserting ‘‘, ferry boats 
carrying commercial motor vehicles and passengers,’’ be-
fore the phrase ‘‘and ferry boats carrying passengers 
only.’’. 
(c) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—Section 1216(b) of the 
Transportation Equity Act for the 21st Century (Public 
Law 105–178) is repealed. 
SEC. 1406. TAX-EXEMPT FINANCING FOR QUALIFIED SUR-
FACE TRANSPORTATION PROJECTS. 
Section 142(m)(2)(A) of the Internal Revenue Code 
of 1986 (26 U.S.C 142(m)(2)(A)) is amended by striking 
‘‘$15,000,000,000’’ and inserting ‘‘$19,000,000,000’’. 
SEC. 1407. PAY FOR SUCCESS. 
To the extent practicable, the Secretary shall encour-
age the use of pay for success contracting in the imple-
mentation of the programs administered by the Depart-
ment. 
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165 
TITLE II—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Account of 
the Transportation Trust Fund: 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the sur-
face transportation program under section 133 of 
such title, the highway safety improvement program 
under section 148 of such title, the congestion miti-
gation and air quality improvement program under 
section 149 of such title, and to carry out section 
134 of such title— 
(A) $38,540,000,000 for fiscal year 2015; 
(B) $39,313,000,000 for fiscal year 2016; 
(C) $40,102,000,000 for fiscal year 2017; 
and 
(D) $40,904,000,000 for fiscal year 2018. 
(2) CRITICAL IMMEDIATE INVESTMENTS PRO-
GRAM.—For the critical immediate investments pro-
gram under section 2012 of this Act— 
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166 
(A) $4,850,000,000 for fiscal year 2015; 
(B) $3,850,000,000 for fiscal year 2016; 
(C) $2,850,000,000 for fiscal year 2017; 
and 
(D) $1,850,000,000 for fiscal year 2018. 
(3) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION PROGRAMS.— 
(A) 
TRIBAL
TRANSPORTATION
PRO-
GRAM.—For the Tribal transportation program 
under section 202 of title 23, United States 
Code— 
(i) $507,000,000 for fiscal year 2015; 
(ii) $517,000,000 for fiscal year 2016; 
(iii) $527,000,000 for fiscal year 
2017; and 
(iv) $538,000,000 for fiscal year 
2018. 
(B) FEDERAL
LANDS
TRANSPORTATION 
PROGRAM.—For the Federal lands transpor-
tation program under section 203 of such 
title— 
(i) $370,000,000 for fiscal year 2015; 
(ii) $377,000,000 for fiscal year 2016; 
(iii) $385,000,000 for fiscal year 
2017; and 
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(iv) $393,000,000 for fiscal year 
2018, 
of which 5 percent of the amount made avail-
able for each fiscal year shall be for the United 
States Army Corps of Engineers; 15 percent of 
the amount made available for each fiscal year 
shall be for the United States Forest Service; 
and 80 percent of the amount made available 
for each fiscal year shall be for the Department 
of the Interior and divided by the Secretary of 
the Interior, with notification to the Secretary, 
among the National Park Service, the Fish and 
Wildlife Service, the Bureau of Land Manage-
ment, and the Bureau of Reclamation. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under 
section 204 of such title— 
(i) $250,000,000 for fiscal year 2015; 
(ii) $255,000,000 for fiscal year 2016; 
(iii) $260,000,000 for fiscal year 
2017; and 
(iv) $265,000,000 for fiscal year 
2018. 
(D) NATIONALLY
SIGNIFICANT
FEDERAL 
LANDS AND TRIBAL PROJECTS PROGRAM.—For 
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168 
the nationally significant Federal lands and 
Tribal projects program under section 2008 of 
this Act, $150,000,000 for each of fiscal years 
2015 through 2018. 
(4) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION PROGRAM.—For credit as-
sistance under the transportation infrastructure fi-
nance and innovation program under chapter 6 of 
such title, $1,000,000,000 for each of fiscal years 
2015 through 2018. 
(5) FEDERAL ALLOCATION PROGRAMS.— 
(A) ON-THE-JOB TRAINING.—For surface 
transportation and technology training and 
summer transportation institutes under section 
140(b) of such title— 
(i) $11,000,000 for fiscal year 2015; 
(ii) $11,000,000 for fiscal year 2016; 
(iii) $11,000,000 for fiscal year 2017; 
and 
(iv) $12,000,000 for fiscal year 2018. 
(B) DISADVANTAGED
BUSINESS
ENTER-
PRISES.—For training programs and assistance 
programs under section 140(c) of such title— 
(i) $11,000,000 for fiscal year 2015; 
(ii) $11,000,000 for fiscal year 2016; 
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(iii) $11,000,000 for fiscal year 2017; 
and 
(iv) $12,000,000 for fiscal year 2018. 
(C) 
HIGHWAY
USE
TAX
EVASION 
PROJECTS.—For highway use tax evasion 
projects under section 143 of such title, 
$10,000,000 for each of fiscal years 2015 
through 2018. 
(D) CONSTRUCTION OF FERRY BOATS AND 
FERRY
TERMINAL
FACILITIES.—For the con-
struction of ferry boats and ferry terminal fa-
cilities under section 147 of such title— 
(i) $67,000,000 for fiscal year 2015; 
(ii) $68,000,000 for fiscal year 2016; 
(iii) $70,000,000 for fiscal year 2017; 
and 
(iv) $71,000,000 for fiscal year 2018. 
(E) PERFORMANCE
MANAGEMENT
DATA 
SUPPORT
PROGRAM.—For 
the 
performance 
management data support program under sec-
tion 150(f) of title 23, United States Code, 
$10,000,000 for each of fiscal years 2015 
through 2018. 
(F) TERRITORIAL
AND
PUERTO
RICO 
HIGHWAY
PROGRAM.—For the territorial and 
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49, United States Code (as added by sec-
tion 1209 of this Act). 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN
GENERAL.—The term ‘‘small 
business concern’’ means a small business 
concern as the term is used in section 3 of 
the Small Business Act (15 U.S.C. 632). 
(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any 
concern or group of concerns controlled by 
the same socially and economically dis-
advantaged individual or individuals that 
have average annual gross receipts during 
the preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
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issued pursuant to that Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary de-
termines otherwise, not less than 10 percent of the 
amounts made available for any program under ti-
tles II and III of this Act and section 403 of title 
23, United States Code, shall be expended through 
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS
ENTERPRISES.—Each State that receives 
funds under title II of this Act, title III of this Act, 
or section 403 of title 23, United States Code, shall 
annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) 
in the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
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(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for 
the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
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(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State govern-
ments in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles II and III of this Act and section 403 
of title 23, United States Code, if the entity or per-
son 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 require-
ment or the implementation of paragraph (2) is un-
constitutional. 
(c) CONFORMING AMENDMENTS.— 
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(1) PUERTO
RICO
AND
TERRITORIAL
HIGH-
WAYS.—Section 165(a) of title 23, United States 
Code, is amended to read as follows: 
‘‘(a) DIVISION OF FUNDS.—Of funds made available 
for the territorial and Puerto Rico highway program— 
‘‘(1) for fiscal year 2015— 
‘‘(A) $150,000,000 shall be for the Puerto 
Rico highway program under subsection (b); 
and 
‘‘(B) $40,000,000 shall be for the terri-
torial highway program under subsection (c); 
‘‘(2) for fiscal year 2016— 
‘‘(A) $153,000,000 shall be for the Puerto 
Rico highway program under subsection (b); 
and 
‘‘(B) $41,000,000 shall be for the terri-
torial highway program under subsection (c); 
‘‘(3) for fiscal year 2017— 
‘‘(A) $156,000,000 shall be for the Puerto 
Rico highway program under subsection (b); 
and 
‘‘(B) $42,000,000 shall be for the terri-
torial highway program under subsection (c); 
‘‘(4) for fiscal year 2018— 
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it, require the Federal agency or Tribal 
government to take action necessary to— 
‘‘(I) close the bridge within 48 
hours; or 
‘‘(II) within 30 days, restrict 
public travel on the bridge to loads 
the bridge can carry safely; and 
‘‘(ii) may, if the Federal agency or 
Tribal government fails to take action nec-
essary under clause (i), withhold all fund-
ing authorized under this title for the Fed-
eral agency or Tribal government. 
‘‘(B) OTHER BRIDGES.—If a State fails to 
ensure that any highway bridge (other than a 
bridge described in subparagraph (A)) that is 
open to public travel and is located within the 
boundaries of the State is properly closed or re-
stricted to loads it can carry safely, the Sec-
retary— 
‘‘(i) shall, upon learning of the need 
to close such bridge or to restrict loads on 
it, require the State to take action nec-
essary to— 
‘‘(I) close the bridge within 48 
hours; or 
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