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(4) in subsection (k)—
(A) by striking ‘‘along’’ in paragraph (1)
and inserting ‘‘from’’; and
(B) by adding at the end the following:
‘‘(4) TEXAS STATE HIGHWAY 99.—Texas State
Highway 99 (also known as ‘Grand Parkway’) shall
be considered as 1 option in the I–69 route studies
performed by the Texas Department of Transpor-
tation for the designation of I–69 Bypass in Hous-
ton, Texas.’’; and
(5) by redesignating subsections (g) through (i)
and (k) through (n) as subsections (f) through (h)
and (i) through (l), respectively.
(e) MISCELLANEOUS.—Section 1212 of such Act is
amended—
(1) in the second sentence of subsection (q)(1)
by striking ‘‘advance curriculum’’ and inserting ‘‘ad-
vanced curriculum’’;
(2) in subsection (r)—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated from the
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Highway Trust Fund (other than the Mass Transit
Account) to carry out paragraph (1) $2,000,000 for
fiscal year 1999 and $2,500,000 for fiscal year
2000.’’;
(3) in subsection (s)—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out paragraph (1) $23,000,000
for fiscal year 1999.’’;
(4) in subsection (u)—
(A) by inserting ‘‘the Secretary shall ap-
prove, and’’ before ‘‘the Commonwealth’’;
(B) by inserting a comma after ‘‘with’’;
and
(C) by inserting ‘‘(as redefined by this
Act)’’ after ‘‘80’’; and
(5) by redesignating subsections (k) through (z)
as subsections (e) through (t), respectively.
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(f) PUERTO RICO HIGHWAY PROGRAM.—Section
1214(r) of the Transportation Equity Act for the 21st
Century is amended by adding at the end the following:
‘‘(3) TREATMENT OF FUNDS.—Amounts made
available to carry out this subsection for a fiscal
year shall be administered as follows:
‘‘(A) For purposes of this subsection, such
amounts shall be treated as being apportioned
to Puerto Rico under sections 104(b), 144, and
206 of title 23, United States Code, for each
program funded under such sections in an
amount determined by multiplying—
‘‘(i) the aggregate of such amounts
for the fiscal year; by
‘‘(ii) the ratio that—
‘‘(I) the amount of funds appor-
tioned to Puerto Rico for each such
program for fiscal year 1997; bears to
‘‘(II) the total amount of funds
apportioned to Puerto Rico for all
such programs for fiscal year 1997.
‘‘(B) The amounts treated as being appor-
tioned to Puerto Rico under each section re-
ferred to in subparagraph (A) shall be deemed
to be required to be apportioned to Puerto Rico
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under such section for purposes of the imposi-
tion of any penalty provisions in titles 23 and
49, United States Code.
‘‘(C) Subject to subparagraph (B), nothing
in this subsection shall be construed as affect-
ing any allocation under section 105 of title 23,
United States Code, and any apportionment
under sections 104 and 144 of such title.’’.
(g) DESIGNATED TRANSPORTATION ENHANCEMENT
ACTIVITIES.—Section 1215 of such Act—
(1) is amended in each of subsections (d), (e),
(f), and (g)—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following:
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out paragraph (1) the amounts
specified in such paragraph for the fiscal years spec-
ified in such paragraph.’’; and
(2) in subsection (d)(1) by inserting ‘‘on Route
50’’ after ‘‘measures’’.
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(h) ELIGIBILITY.—Section 1217 of such Act is
amended—
(1) in subsection (d) by striking ‘‘104(b)(4)’’
and inserting ‘‘104(b)(5)(A)’’;
(2) in subsection (i) by striking ‘‘120(l)(1)’’ and
inserting ‘‘120(j)(1)’’; and
(3) in subsection (j) by adding at the end the
following: ‘‘$3,000,000 of the amounts made avail-
able for item 164 of the table contained in section
1602 shall be made available on October 1, 1998, to
the Pennsylvania Turnpike Commission to carry out
this subsection.’’.
(i) MAGNETIC LEVITATION TRANSPORTATION TECH-
NOLOGY DEPLOYMENT PROGRAM.—Section 1218 of such
Act is amended by adding at the end the following:
‘‘(c) TECHNICAL AMENDMENTS.—Section 322 of title
23, United States Code (as added by subsection (a) of this
section), is amended—
‘‘(1) in subsection (a)(3) by striking ‘or under
50 miles per hour’;
‘‘(2) in subsection (d)—
‘‘(A) in paragraph (1) by striking ‘or low-
speed’; and
‘‘(B) in paragraph (2)—
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‘‘(i) in subparagraph (A) by striking
‘(h)(1)(A)’ and inserting ‘(h)(1)’; and
‘‘(ii) in subparagraph (B) by striking
‘(h)(4)’ and inserting ‘(h)(3)’;
‘‘(3) in subsection (h)(1)(B)(i) by inserting
‘(other than subsection (i))’ after ‘this section’; and
‘‘(4) by adding at the end the following:
‘(i) LOW-SPEED PROJECT.—
‘(1) IN GENERAL.—Notwithstanding any other
provision of this section, of the funds made available
by subsection (h)(1)(A) to carry out this section,
$5,000,000 shall be made available to the Secretary
to make grants for the research and development of
low-speed superconductivity magnetic levitation tech-
nology for public transportation purposes in urban
areas to demonstrate energy efficiency, congestion
mitigation, and safety benefits.
‘(2) NONCONTRACT
AUTHORITY
AUTHORIZA-
TION OF APPROPRIATIONS.—
‘(A) IN GENERAL.—There are authorized
to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to
carry out this subsection such sums as are nec-
essary for each of fiscal years 2000 through
2003.
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‘(B) AVAILABILITY.—Notwithstanding sec-
tion 118(a), funds made available under sub-
paragraph (A)—
‘(i) shall not be available in advance
of an annual appropriation; and
‘(ii) shall remain available until ex-
pended.’.’’.
(j) TRANSPORTATION ASSISTANCE
FOR OLYMPIC
CITIES.—Section 1223(f) of such Act is amended by in-
serting before the period at the end the following: ‘‘or Spe-
cial Olympics International’’.
SEC. 4. RESTORATIONS TO PROGRAM STREAMLINING AND
FLEXIBILITY SUBTITLE.
(a) IN GENERAL.—Subtitle C of title I of the Trans-
portation Equity Act for the 21st Century is amended by
adding at the end the following:
‘‘SEC. 1311. DISCRETIONARY GRANT SELECTION CRITERIA
AND PROCESS.
‘‘(a) ESTABLISHMENT OF CRITERIA.—The Secretary
shall establish criteria for all discretionary programs fund-
ed from the Highway Trust Fund (other than the Mass
Transit Account). To the extent practicable, such criteria
shall conform to the Executive Order No. 12893 (relating
to infrastructure investment).
‘‘(b) SELECTION PROCESS.—
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‘‘(1) LIMITATION ON ACCEPTANCE OF APPLICA-
TIONS.—Before accepting applications for grants
under any discretionary program for which funds
are authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account)
by this Act (including the amendments made by this
Act), the Secretary shall publish the criteria estab-
lished under subsection (a). Such publication shall
identify all statutory criteria and any criteria estab-
lished by regulation that will apply to the program.
‘‘(2) EXPLANATION.—Not less often than quar-
terly, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate
and the Committee on Transportation and Infra-
structure of the House of Representatives a list of
the projects selected under discretionary programs
funded from the Highway Trust Fund (other than
the Mass Transit Account) and an explanation of
how the projects were selected based on the criteria
established under subsection (a).
‘‘(c) MINIMUM COVERED PROGRAMS.—At a mini-
mum, the criteria established under subsection (a) and the
selection process established by subsection (b) shall apply
to the following programs:
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‘‘(1) The intelligent transportation system de-
ployment program under title V.
‘‘(2) The national corridor planning and devel-
opment program.
‘‘(3) The coordinated border infrastructure and
safety program.
‘‘(4) The construction of ferry boats and ferry
terminal facilities.
‘‘(5) The national scenic byways program.
‘‘(6) The Interstate discretionary program.
‘‘(7) The discretionary bridge program.’’.
(b) CONFORMING AMENDMENTS.—The table of con-
tents contained in section 1(b) of such Act is amended—
(1) by striking the following:
‘‘Sec. 1309. Major investment study integration.’’.
and inserting the following:
‘‘Sec. 1308. Major investment study integration.’’;
and
(2) by inserting after the item relating to sec-
tion 1310 the following:
‘‘Sec. 1311. Discretionary grant selection criteria and process.’’.
(c) REVIEW PROCESS.—Section 1309 of the Trans-
portation Equity Act for the 21st Century is amended—
(1) in subsection (a)(1) by inserting after
‘‘highway construction’’ the following: ‘‘and mass
transit’’;
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(2) in subsection (d) by inserting after ‘‘Code,’’
the following: ‘‘or chapter 53 of title 49, United
States Code,’’; and
(3) in subsection (e)(1)—
(A) by inserting ‘‘or recipient’’ after ‘‘a
State’’;
(B) by inserting after ‘‘provide funds’’ the
following: ‘‘for a highway project’’; and
(C) by inserting after ‘‘Code,’’ the follow-
ing: ‘‘or for a mass transit project made avail-
able under chapter 53 of title 49, United States
Code,’’.
SEC. 5. RESTORATIONS TO SAFETY SUBTITLE.
(a) IN GENERAL.—Subtitle D of title I of the Trans-
portation Equity Act for the 21st Century is amended by
adding at the end the following:
‘‘SEC. 1405. OPEN CONTAINER LAWS.
‘‘(a) ESTABLISHMENT.—Chapter 1 of title 23,
United States Code, is amended by inserting after section
153 the following:
‘§ 154. Open container requirements
‘(a) DEFINITIONS.—In this section, the following
definitions apply:
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‘(1) ALCOHOLIC BEVERAGE.—The term ‘‘alco-
holic beverage’’ has the meaning given the term in
section 158(c).
‘(2) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
highways, but does not include a vehicle operated ex-
clusively on a rail or rails.
‘(3) 
OPEN
ALCOHOLIC
BEVERAGE
CON-
TAINER.—The term ‘‘open alcoholic beverage con-
tainer’’ means any bottle, can, or other receptacle—
‘(A) that contains any amount of alcoholic
beverage; and
‘(B)(i) that is open or has a broken seal;
or
‘(ii) the contents of which are partially re-
moved.
‘(4) PASSENGER AREA.—The term ‘‘passenger
area’’ shall have the meaning given the term by the
Secretary by regulation.
‘(b) OPEN CONTAINER LAWS.—
‘(1) IN GENERAL.—For the purposes of this
section, each State shall have in effect a law that
prohibits the possession of any open alcoholic bev-
erage container, or the consumption of any alcoholic
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beverage, in the passenger area of any motor vehicle
(including possession or consumption by the driver
of the vehicle) located on a public highway, or the
right-of-way of a public highway, in the State.
‘(2) MOTOR
VEHICLES
DESIGNED
TO
TRANS-
PORT MANY PASSENGERS.—For the purposes of this
section, if a State has in effect a law that makes un-
lawful the possession of any open alcoholic beverage
container by the driver (but not by a passenger)—
‘(A) in the passenger area of a motor vehi-
cle designed, maintained, or used primarily for
the transportation of persons for compensation,
or
‘(B) in the living quarters of a house coach
or house trailer,
the State shall be deemed to have in effect a law de-
scribed in this subsection with respect to such a
motor vehicle for each fiscal year during which the
law is in effect.
‘(c) TRANSFER OF FUNDS.—
‘(1) FISCAL YEARS 2001 AND 2002.—On October
1, 2000, and October 1, 2001, if a State has not en-
acted or is not enforcing an open container law de-
scribed in subsection (b), the Secretary shall trans-
fer an amount equal to 11⁄2 percent of the funds ap-
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portioned to the State on that date under each of
paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402—
‘(A) to be used for alcohol-impaired driving
countermeasures; or
‘(B) to be directed to State and local law
enforcement agencies for enforcement of laws
prohibiting driving while intoxicated or driving
under the influence and other related laws (in-
cluding regulations), including the purchase of
equipment, the training of officers, and the use
of additional personnel for specific alcohol-im-
paired driving countermeasures, dedicated to
enforcement of the laws (including regulations).
‘(2) FISCAL
YEAR
2003
AND
FISCAL
YEARS
THEREAFTER.—On October 1, 2002, and each Octo-
ber 1 thereafter, if a State has not enacted or is not
enforcing an open container law described in sub-
section (b), the Secretary shall transfer an amount
equal to 3 percent of the funds apportioned to the
State on that date under each of paragraphs (1),
(3), and (4) of section 104(b) to the apportionment
of the State under section 402 to be used or directed
as described in subparagraph (A) or (B) of para-
graph (1).
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‘(3) USE
FOR
HAZARD
ELIMINATION
PRO-
GRAM.—A State may elect to use all or a portion of
the funds transferred under paragraph (1) or (2) for
activities eligible under section 152.
‘(4) FEDERAL SHARE.—The Federal share of
the cost of a project carried out with funds trans-
ferred under paragraph (1) or (2), or used under
paragraph (3), shall be 100 percent.
‘(5) DERIVATION OF AMOUNT TO BE TRANS-
FERRED.—The amount to be transferred under
paragraph (1) or (2) may be derived from 1 or more
of the following:
‘(A) The apportionment of the State under
section 104(b)(1).
‘(B) The apportionment of the State under
section 104(b)(3).
‘(C) The apportionment of the State under
section 104(b)(4).
‘(6) TRANSFER OF OBLIGATION AUTHORITY.—
‘(A) IN GENERAL.—If the Secretary trans-
fers under this subsection any funds to the ap-
portionment of a State under section 402 for a
fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B),
of obligation authority distributed for the fiscal
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(B) in paragraph (3) by striking ‘‘and’’ at
the end;
(C) in paragraph (4) by striking subpara-
graph (A) and inserting the following:
‘‘(A) by striking ‘general local government
representing’ and inserting ‘general purpose
local government that together represent’; and’’;
(D) by redesignating paragraph (4) as
paragraph (5); and
(E) by inserting after paragraph (3) the
following:
‘‘(3) in paragraph (4)(A) by striking ‘(3)’ and
inserting ‘(5)’; and’’;
(2) in subsection (d) by striking the closing
quotation marks and the final period at the end and
inserting the following:
‘(5) COORDINATION.—If a project is located
within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning or-
ganizations shall coordinate plans regarding the
project.
‘(6) LAKE TAHOE REGION.—
‘(A) DEFINITION.—In this paragraph, the
term ‘‘Lake Tahoe region’’ has the meaning
given the term ‘‘region’’ in subdivision (a) of
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Nevada and units of general purpose local
government that together represent at
least 75 percent of the affected population
(including the central city or cities (as de-
fined by the Bureau of the Census)), or in
accordance with procedures established by
applicable State or local law.
‘(ii) 
INVOLVEMENT
OF
FEDERAL
LAND MANAGEMENT AGENCIES.—
‘(I) REPRESENTATION.—The pol-
icy board of a metropolitan planning
organization designated under clause
(i) shall include a representative of
each Federal land management agen-
cy that has jurisdiction over land in
the Lake Tahoe region.
‘(II) FUNDING.—In addition to
funds made available to the metropoli-
tan planning organization under other
provisions of this chapter and under
title 23, not more than 1 percent of
the funds allocated under section 202
of title 23 may be used to carry out
the transportation planning process