I
105TH CONGRESS
2D SESSION
H. R. 3978
To restore provisions agreed to by the conferees to H.R. 2400, entitled
the ‘‘Transportation Equity Act for the 21st Century’’, but not included
in the conference report to H.R. 2400, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 3, 1998
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL)
introduced the following bill; which was considered and passed
A BILL
To restore provisions agreed to by the conferees to H.R.
2400, entitled the ‘‘Transportation Equity Act for the
21st Century’’, but not included in the conference report
to H.R. 2400, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘TEA 21 Restoration
Act’’.
SEC. 2. AUTHORIZATION AND PROGRAM SUBTITLE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
1101(a) of the Transportation Equity Act for the 21st
Century is amended—
(1) in paragraph (13)—
(A) by striking ‘‘$1,025,695,000’’ and in-
serting ‘‘$1,029,473,500’’;
(B) by striking ‘‘$1,398,675,000’’ and in-
serting ‘‘$1,403,827,500’’;
(C) by striking ‘‘$1,678,410,000’’ the first
place 
it 
appears 
and 
inserting
‘‘$1,684,593,000’’;
(D) by striking ‘‘$1,678,410,000’’ the sec-
ond 
place 
it 
appears 
and 
inserting
‘‘$1,684,593,000’’;
(E) by striking ‘‘$1,771,655,000’’ the first
place 
it 
appears 
and 
inserting
‘‘$1,778,181,500’’; and
(F) by striking ‘‘$1,771,655,000’’ the sec-
ond 
place 
it 
appears 
and 
inserting
‘‘$1,778,181,500’’; and
(2) in paragraph (14)—
(A) by striking ‘‘1998’’ and inserting
‘‘1999’’; and
(B) by inserting before ‘‘$5,000,000’’ the
following: ‘‘$10,000,000 for fiscal year 1998’’.
(b) OBLIGATION LIMITATIONS.—
(1) GENERAL LIMITATION.—Section 1102(a) of
such Act is amended—
(A) 
in 
paragraph 
(2) 
by 
striking
‘‘$25,431,000,000’’ 
and 
inserting
‘‘$25,511,000,000’’;
(B) 
in 
paragraph 
(3) 
by 
striking
‘‘$26,155,000,000’’ 
and 
inserting
‘‘$26,245,000,000’’;
(C) 
in 
paragraph 
(4) 
by 
striking
‘‘$26,651,000,000’’ 
and 
inserting
‘‘$26,761,000,000’’;
(D) 
in 
paragraph 
(5) 
by 
striking
‘‘$27,235,000,000’’ 
and 
inserting
‘‘$27,355,000,000’’; and
(E) 
in 
paragraph 
(6) 
by 
striking
‘‘$27,681,000,000’’ 
and 
inserting
‘‘$27,811,000,000’’.
(2) TRANSPORTATION RESEARCH PROGRAMS.—
Section 1102(e) of such Act is amended—
(A) by striking ‘‘3’’ and inserting ‘‘5’’;
(B) by striking ‘‘VI’’ and inserting ‘‘V’’;
and
(C) by inserting before the period at the
end the following: ‘‘; except that obligation au-
thority made available for such programs under
such limitations shall remain available for a pe-
riod of 3 fiscal years’’.
(3) REDISTRIBUTION OF CERTAIN AUTHORIZED
FUNDS.—Section 1102(f) of such Act is amended by
striking ‘‘(other than the program under section 160
of title 23, United States Code)’’.
(c) APPORTIONMENTS.—Section 1103 of such Act is
amended—
(1) in subsection (l) by adding at the end the
following:
‘‘(5) Section 150 of such title, and the item re-
lating to such section in the analysis for chapter 1
of such title, are repealed.’’;
(2) in subsection (n) by inserting ‘‘of title 23,
United States Code’’ after ‘‘206’’; and
(3) by adding at the end the following:
‘‘(o) TECHNICAL ADJUSTMENTS.—Section 104 of
title 23, United States Code, is amended—
‘‘(1) in subsection (a)(1) (as amended by sub-
section (a) of this section) by striking ‘under section
103’;
‘‘(2) in subsection (b) (as amended by sub-
section (b) of this section)—
‘‘(A) in paragraph (1)(A) by striking ‘1999
through 2003’ and inserting ‘1998 through
2002’; and
‘‘(B) in paragraph (4)(B)(i) by striking ‘on
lanes on Interstate System’ and all that follows
through ‘in each State’ and inserting ‘on Inter-
state System routes open to traffic in each
State’; and
‘‘(3) in subsection (e)(2) (as added by sub-
section (d)(6) of this section) by striking ‘104, 144,
or 157’ and inserting ‘104, 105, or 144’.’’.
(d) MINIMUM GUARANTEE.—Section 1104 of such
Act is amended by adding at the end the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 105 of
title 23, United States Code (as amended by subsection
(a) of this section), is amended—
‘‘(1) in subsection (a) by adding at the end the
following: ‘The minimum amount allocated to a
State under this section for a fiscal year shall be
$1,000,000.’;
‘‘(2) in subsection (c)(1) by striking ‘50 percent
of’;
‘‘(3) in subsection (c)(1)(A) by inserting ‘(other
than metropolitan planning, minimum guarantee,
high priority projects, Appalachian development
highway system, and recreational trails programs)’
after ‘subsection (a)’;
‘‘(4) in subsection (c)(1)(B) by striking ‘all
States’ and inserting ‘each State’;
‘‘(5) in subsection (c)(2)—
‘‘(A) by striking ‘apportion’ and inserting
‘administer’; and
‘‘(B) by striking ‘apportioned’ and insert-
ing ‘administered’; and
‘‘(6) in subsection (f)—
‘‘(A) by inserting ‘percentage’ before ‘re-
turn’ each place it appears;
‘‘(B) in paragraph (2) by striking ‘for the
preceding fiscal year was equal to or less than’
and inserting ‘in the table in subsection (b) was
equal to’; and
‘‘(C) in paragraph (3)—
‘‘(i) by inserting ‘proportionately’ be-
fore ‘adjust’;
‘‘(ii) by striking ‘set forth’; and
‘‘(iii) by striking ‘do not exceed’ and
inserting ‘is equal to’.’’.
(e) REVENUE ALIGNED BUDGET AUTHORITY.—Sec-
tion 1105 of such Act is amended by adding at the end
the following:
‘‘(c) TECHNICAL CORRECTIONS.—Section 110 of
such title (as amended by subsection (a)) is amended—
‘‘(1) by striking subsection (a) and inserting
the following:
‘(a) IN GENERAL.—
‘(1) ALLOCATION.—On October 15 of fiscal
year 2000 and each fiscal year thereafter, the Sec-
retary shall allocate for such fiscal year an amount
of funds equal to the amount determined pursuant
to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985
(2 U.S.C 901(b)(2)(B)(ii)(I)(cc)) if the amount de-
termined pursuant to such section for such fiscal
year is greater than zero.
‘(2) REDUCTION.—If the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc)) for
fiscal year 2000 or any fiscal year thereafter is less
than zero, the Secretary on October 1 of the suc-
ceeding fiscal year shall reduce proportionately the
amount of sums authorized to be appropriated from
the Highway Trust Fund (other than the Mass
Transit Account) to carry out each of the Federal-
aid highway and highway safety construction pro-
grams (other than emergency relief) by an aggregate
amount equal to the amount determined pursuant to
such section.’;
‘‘(2) in subsections (b)(2) and (b)(4) by striking
‘subsection (a)’ and inserting ‘subsection (a)(1)’; and
‘‘(3) in subsection (c) by striking ‘Maintenance
program, the’ and inserting ‘and’.’’.
(f) INTERSTATE MAINTENANCE PROGRAM.—Section
1107 of such Act is amended by adding at the end the
following:
‘‘(d) TECHNICAL AMENDMENTS.—Section 119 of
such title (as amended by subsection (a)) is amended—
‘‘(1) in subsection (b)—
‘‘(A) by striking ‘104(b)(5)(B)’ and insert-
ing ‘104(b)(4)’; and
‘‘(B) by striking ‘104(b)(5)(A)’ each place
it appears and inserting ‘104(b)(5)(A) (as in ef-
fect on the date before the date of enactment
of the Transportation Equity Act for the 21st
Century)’; and
‘‘(2) in subsection (c) by striking ‘104(b)(5)(B)’
each place it appears and inserting ‘104(b)(4)’.’’.
(g) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.—Section 1110(d)(2) of such Act
is amended—
(1) 
by 
striking 
‘‘149(c)’’ 
and 
inserting
‘‘149(e)’’; and
(2) by striking ‘‘that reduce’’ and inserting ‘‘re-
duce’’.
(h) HIGHWAY USE TAX EVASION PROJECTS.—Sec-
tion 1114 of such Act is amended by adding at the end
the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 143 of
title 23, United States Code (as amended by subsection
(a) of this section), is amended—
‘‘(1) in subsection (c)(1) by striking ‘April 1’
and inserting ‘August 1’;
‘‘(2) in subsection (c)(3) by inserting ‘PRIOR-
ITY’ after ‘FUNDING’; and
‘‘(3) in subsection (c)(3) by inserting ‘and prior
to funding any other activity under this section,’
after ‘2003,’.’’.
(i) FEDERAL LANDS HIGHWAYS PROGRAM.—Section
1115 of the Transportation Equity Act for the 21st Cen-
tury is amended by adding at the end the following:
‘‘(f) CONFORMING AMENDMENTS.—
‘‘(1) FEDERAL SHARE.—Subsections (j) and (k)
of section 120 of title 23, United States Code (as
added by subsection (a) of this section), are redesig-
nated as subsections (k) and (l), respectively.
‘‘(2) 
RESERVATION
OF
FUNDS.—Section
202(d)(4)(B) of such title (as added by subsection
(b)(4) of this section) is amended by striking ‘to,
apply sodium acetate/formate de-icer to,’ and insert-
ing ‘, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing
and de-icing compositions’.
‘‘(3) ELIMINATION
OF
DUPLICATIVE
PROVI-
SION.—Section 144(g) of such title is amended by
striking paragraph (4).’’.
(j) WOODROW WILSON MEMORIAL BRIDGE CORREC-
TION.—Section 1116 of such Act is amended by adding
at the end the following:
‘‘(e) TECHNICAL CORRECTION.—Sections 404(5) and
407(c)(2)(C)(iii) of such Act (as amended by subsections
(a)(2) and (b)(2), respectively) are amended by striking
‘the record of decision’ each place it appears and inserting
‘a record of decision’.’’.
(k) TECHNICAL CORRECTION.—Section 1117 of such
Act is amended in subsections (a) and (b) by striking ‘‘sec-
tion 102’’ each place it appears and inserting ‘‘section
1101(a)(6)’’.
SEC. 3. RESTORATIONS TO GENERAL PROVISIONS SUB-
TITLE.
(a) IN GENERAL.—Subtitle B of title I of the Trans-
portation Equity Act for the 21st Century is amended by
adding at the end the following:
‘‘SEC. 1224. NATIONAL HISTORIC COVERED BRIDGE PRES-
ERVATION.
‘‘(a) HISTORIC COVERED BRIDGE DEFINED.—In this
section, the term ‘historic covered bridge’ means a covered
bridge that is listed or eligible for listing on the National
Register of Historic Places.
‘‘(b) HISTORIC COVERED BRIDGE PRESERVATION.—
Subject to the availability of appropriations under sub-
section (d), the Secretary shall—
‘‘(1) collect and disseminate information con-
cerning historic covered bridges;
‘‘(2) foster educational programs relating to the
history and construction techniques of historic cov-
ered bridges;
‘‘(3) conduct research on the history of historic
covered bridges; and
‘‘(4) conduct research, and study techniques, on
protecting historic covered bridges from rot, fire,
natural disasters, or weight-related damage.
‘‘(c) DIRECT FEDERAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to the availability
of appropriations, the Secretary shall make a grant
to a State that submits an application to the Sec-
retary that demonstrates a need for assistance in
carrying out 1 or more historic covered bridge
projects described in paragraph (2).
‘‘(2) TYPES OF PROJECT.—A grant under para-
graph (1) may be made for a project—
‘‘(A) to rehabilitate or repair a historic
covered bridge; and
‘‘(B) to preserve a historic covered bridge,
including through—
‘‘(i) installation of a fire protection
system, including a fireproofing or fire de-
tection system and sprinklers;
‘‘(ii) installation of a system to pre-
vent vandalism and arson; or
‘‘(iii) relocation of a bridge to a pres-
ervation site.
‘‘(3) AUTHENTICITY.—A grant under para-
graph (1) may be made for a project only if—
‘‘(A) to the maximum extent practicable,
the project—
‘‘(i) is carried out in the most histori-
cally appropriate manner; and
‘‘(ii) preserves the existing structure
of the historic covered bridge; and
‘‘(B) the project provides for the replace-
ment of wooden components with wooden com-
ponents, unless the use of wood is impracticable
for safety reasons.
‘‘(4) FEDERAL SHARE.—The Federal share of
the cost of a project carried out with a grant under
this subsection shall be 80 percent.
‘‘(d) FUNDING.—There is authorized to be appro-
priated to carry out this section $10,000,000 for each of
fiscal years 1999 through 2003. Such funds shall remain
available until expended.
‘‘SEC. 1225. SUBSTITUTE PROJECT.
‘‘(a) APPROVAL OF PROJECT.—Notwithstanding any
other provision of law, upon the request of the Mayor of
the District of Columbia, the Secretary may approve sub-
stitute highway and transit projects under section
103(e)(4) of title 23, United States Code (as in effect on
the day before the date of enactment of this Act), in lieu
of construction of the Barney Circle Freeway project in
the District of Columbia, as identified in the 1991 Inter-
state Cost Estimate.
‘‘(b) ELIGIBILITY
FOR FEDERAL ASSISTANCE.—
Upon approval of any substitute project or projects under
subsection (a)—
‘‘(1) the cost of construction of the Barney Cir-
cle Freeway Modification project shall not be eligible
for funds authorized under section 108(b) of the
Federal-Aid Highway Act of 1956; and
‘‘(2) substitute projects approved pursuant to
this section shall be funded from interstate construc-
tion funds apportioned or allocated to the District of
Columbia that are not expended and not subject to
lapse on the date of enactment of this Act.
‘‘(c) FEDERAL SHARE.—The Federal share payable
on account of a project or activity approved under this
section shall be 85 percent of the cost thereof; except that
the exception set forth in section 120(b)(2) of title 23,
United States Code, shall apply.
‘‘(d) LIMITATION ON ELIGIBILITY.—Any substitute
project approved pursuant to subsection (a) (for which the
Secretary finds that sufficient Federal funds are available)
must be under contract for construction, or construction
must have commenced, before the last day of the 4-year
period beginning on the date of enactment of this Act. If
the substitute project is not under contract for construc-
tion, or construction has not commenced, by such last day,
the Secretary shall withdraw approval of the substitute
project.
‘‘SEC. 1226. FISCAL, ADMINISTRATIVE, AND OTHER AMEND-
MENTS.
‘‘(a) ADVANCED CONSTRUCTION.—Section 115 of
title 23, United States Code, is amended—
‘‘(1) in subsection (b)—
‘‘(A) by moving the text of paragraph (1)
(including subparagraphs (A) and (B)) 2 ems
to the left;
‘‘(B) by striking ‘PROJECTS’ and all that
follows through ‘When a State’ and inserting
‘PROJECTS.—When a State’;
‘‘(C) by striking paragraphs (2) and (3);
‘‘(D) by striking ‘(A) prior’ and inserting
‘(1) prior’; and
‘‘(E) by striking ‘(B) the project’ and in-
serting ‘(2) the project’;
‘‘(2) by striking subsection (c); and
‘‘(3) by redesignating subsection (d) as sub-
section (c).
‘‘(b) AVAILABILITY OF FUNDS.—Section 118 of such
title is amended—
‘‘(1) in the subsection heading of subsection (b)
by striking ‘; DISCRETIONARY PROJECTS’; and
‘‘(2) by striking subsection (e) and inserting the
following:
‘(e) EFFECT OF RELEASE OF FUNDS.—Any Federal-
aid highway funds released by the final payment on a
project, or by the modification of the project agreement,
shall be credited to the same program funding category
previously apportioned to the State and shall be imme-
diately available for expenditure.’.’’.
‘‘(c) ADVANCES TO STATES.—Section 124 of such
title is amended—
‘‘(1) by striking ‘(a)’ the first place it appears;
and
‘‘(2) by striking subsection (b).
‘‘(d) DIVERSION.—Section 126 of such title, and the
item relating to such section in the analysis for chapter
1 of such title, are repealed.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) of such Act is amended
by inserting after the item relating to section 1222 the
following:
‘‘Sec. 1223. Transportation assistance for Olympic cities.
‘‘Sec. 1224. National historic covered bridge preservation.
‘‘Sec. 1225. Substitute project.
‘‘Sec. 1226. Fiscal, administrative, and other amendments.’’.
(c) METROPOLITAN PLANNING TECHNICAL ADJUST-
MENT.—Section 1203 of such Act is amended by adding
at the end the following:
‘‘(o) 
TECHNICAL
ADJUSTMENT.—Section
134(h)(5)(A) of title 23, United States Code (as amended
by subsection (h) of this section), is amended by striking
‘for implementation’.’’.
(d) AMENDMENTS TO PRIOR SURFACE TRANSPOR-
TATION LAWS.—Section 1211 of such Act is amended—
(1) in subsection (i)(3)(E) by striking ‘‘sub-
paragraph (D)’’ and inserting ‘‘subparagraph (C)’’;
(2) in subsection (i) by adding at the end the
following:
‘‘(4) 
TECHNICAL
AMENDMENTS.—Section
1105(e)(5)(B)(i) of such Act (as amended by para-
graph (3) of this subsection) is amended—
‘‘(A) by striking ‘subsection (c)(18)(B)(i)’
and inserting ‘subsection (c)(18)(D)(i)’;
‘‘(B) by striking ‘subsection (c)(18)(B)(ii)’
and inserting ‘subsection (c)(18)(D)(ii)’; and
‘‘(C) by adding at the end the following:
‘The portion of the route referred to in sub-
section (c)(36) is designated as Interstate
Route I–86.’.’’;
(3) by striking subsection (j);
(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
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.
(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
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’’.
(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)—
‘‘(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.
‘(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.—
‘‘(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:
‘‘(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’’;
(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:
‘(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
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-
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).
‘(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
year to the State for Federal-aid highways and
highway safety construction programs for carry-
ing out projects under section 402.