H. R. 2676—144
(A) the acquisition is pursuant to a written agreement
(including a put option, buy-sell agreement, and an agree-
ment relating to a third party default) which was binding
on such date and at all times thereafter on such REIT
or stapled entity; or
(B) the acquisition is described on or before such date
in a public announcement or in a filing with the Securities
and Exchange Commission.
(3) IMPROVEMENTS AND LEASES.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the term ‘‘nonqualified real property interest’’
shall not include—
(i) any improvement to land owned or leased by
the exempt REIT or any member of the stapled REIT
group; and
(ii) any repair to, or improvement of, any improve-
ment owned or leased by the exempt REIT or any
member of the stapled REIT group,
if such ownership or leasehold interest is a qualified real
property interest.
(B) LEASES.—The term ‘‘nonqualified real property
interest’’ shall not include—
(i) any lease of a qualified real property interest
if such lease is not otherwise such an interest; or
(ii) any renewal of a lease which is a qualified
real property interest,
but only if the rent on any lease referred to in clause
(i) or any renewal referred to in clause (ii) does not exceed
an arm’s length rate.
(C) TERMINATION WHERE CHANGE IN USE.—
(i) IN GENERAL.—Subparagraph (A) shall not apply
to any improvement placed in service after December
31, 1999, which is part of a change in the use of
the property to which such improvement relates unless
the cost of such improvement does not exceed 200
percent of—
(I) the cost of such property; or
(II) if such property is substituted basis prop-
erty (as defined in section 7701(a)(42) of the
Internal Revenue Code of 1986), the fair market
value of the property at the time of acquisition.
(ii) BINDING CONTRACTS.—For purposes of clause
(i), an improvement shall be treated as placed in serv-
ice before January 1, 2000, if such improvement is
placed in service before January 1, 2004, pursuant
to a binding contract in effect on December 31, 1999,
and at all times thereafter.
(4) EXCEPTION FOR PERMITTED TRANSFERS, ETC.—The term
‘‘nonqualified real property interest’’ shall not include any
interest in real property acquired solely as a result of a direct
or indirect contribution, distribution, or other transfer of such
interest from the exempt REIT or any member of the stapled
REIT group to such REIT or any such member, but only to
the extent the aggregate of the interests of the exempt REIT
and all stapled entities in such interest in real property (deter-
mined in accordance with subsection (c)(1)) is not increased
by reason of the transfer.
H. R. 2676—145
(5) TREATMENT OF ENTITIES WHICH ARE NOT STAPLED, ETC.
ON MARCH 26, 1998.—Notwithstanding any other provision of
this section, all interests in real property held by an exempt
REIT or any stapled entity with respect to such REIT (or
treated under subsection (c) as held by such REIT or stapled
entity) shall be treated as nonqualified real property interests
unless—
(A) such stapled entity was a stapled entity with
respect to such REIT as of March 26, 1998, and at all
times thereafter; and
(B) as of March 26, 1998, and at all times thereafter,
such REIT was a real estate investment trust.
(6) QUALIFIED REAL PROPERTY INTEREST.—The term ‘‘quali-
fied real property interest’’ means any interest in real property
other than a nonqualified real property interest.
(c) TREATMENT
OF
PROPERTY
HELD
BY
10-PERCENT
SUB-
SIDIARIES.—For purposes of this section—
(1) IN GENERAL.—Any exempt REIT and any stapled entity
shall be treated as holding their proportionate shares of each
interest in real property held by any 10-percent subsidiary
entity of the exempt REIT or stapled entity, as the case may
be.
(2) PROPERTY HELD BY 10-PERCENT SUBSIDIARIES TREATED
AS NONQUALIFIED.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), any interest in real property held by a 10-percent
subsidiary entity of an exempt REIT or stapled entity
shall be treated as a nonqualified real property interest.
(B) EXCEPTION FOR INTERESTS IN REAL PROPERTY HELD
ON MARCH 26, 1998, ETC.—In the case of an entity which
was a 10-percent subsidiary entity of an exempt REIT
or stapled entity on March 26, 1998, and at all times
thereafter, an interest in real property held by such subsidi-
ary entity shall be treated as a qualified real property
interest if such interest would be so treated if held or
acquired directly by the exempt REIT or the stapled entity.
(3) REDUCTION IN QUALIFIED REAL PROPERTY INTERESTS IF
INCREASE IN OWNERSHIP OF SUBSIDIARY.—If, after March 26,
1998, an exempt REIT or stapled entity increases its ownership
interest in a subsidiary entity to which paragraph (2)(B) applies
above its ownership interest in such subsidiary entity as of
such date, the additional portion of each interest in real prop-
erty which is treated as held by the exempt REIT or stapled
entity by reason of such increased ownership shall be treated
as a nonqualified real property interest.
(4) SPECIAL
RULES
FOR
DETERMINING
OWNERSHIP.—For
purposes of this subsection—
(A) percentage ownership of an entity shall be
determined in accordance with subsection (e)(4);
(B) interests in the entity which are acquired by an
exempt REIT or a member of the stapled REIT group
in any acquisition described in an agreement, announce-
ment, or filing described in subsection (b)(2) shall be treated
as acquired on March 26, 1998; and
(C) except as provided in guidance prescribed by the
Secretary, any change in proportionate ownership which
is attributable solely to fluctuations in the relative fair
H. R. 2676—146
market values of different classes of stock shall not be
taken into account.
(5) TREATMENT OF 60-PERCENT PARTNERSHIPS.—
(A) IN GENERAL.—If, as of March 26, 1998—
(i) an exempt REIT or stapled entity held directly
or indirectly at least 60 percent of the capital or profits
interest in a partnership; and
(ii) 90 percent or more of the capital interests
and 90 percent or more of the profits interests in
such partnership (other than interests held directly
or indirectly by the exempt REIT or stapled entity)
are, or will be, redeemable or exchangeable for consid-
eration the amount of which is determined by reference
to the value of shares of stock in the exempt REIT
or stapled entity (or both),
paragraph (3) shall not apply to such partnership, and
such REIT or entity shall be treated for all purposes of
this section as holding all of the capital and profits interests
in such partnership.
(B) LIMITATION TO ONE PARTNERSHIP.—If, as of January
1, 1999, more than one partnership owned by any exempt
REIT or stapled entity meets the requirements of subpara-
graph (A), only the largest such partnership on such date
(determined by aggregate asset bases) shall be treated
as meeting such requirements.
(C) MIRROR
ENTITY.—For purposes of subparagraph
(A), an interest in a partnership formed after March 26,
1998, shall be treated as held by an exempt REIT or
stapled entity on March 26, 1998, if such partnership is
formed to mirror the stapling of an exempt REIT and
a stapled entity in connection with an acquisition agreed
to or announced on or before March 26, 1998.
(d) TREATMENT OF PROPERTY SECURED BY MORTGAGE HELD
BY EXEMPT REIT OR MEMBER OF STAPLED REIT GROUP.—
(1) IN GENERAL.—In the case of any nonqualified obligation
held by an exempt REIT or any member of the stapled REIT
group, the REIT gross income provisions shall be applied by
treating the exempt REIT as having impermissible tenant
service income equal to—
(A) the interest income from such obligation which
is properly allocable to the property described in paragraph
(2); and
(B) the income of any member of the stapled REIT
group from services described in paragraph (2) with respect
to such property.
If the income referred to in subparagraph (A) or (B) is of
a 10-percent subsidiary entity, only the portion of such income
which is properly allocable to the exempt REIT’s or the stapled
entity’s interest in the subsidiary entity shall be taken into
account.
(2) NONQUALIFIED OBLIGATION.—Except as otherwise pro-
vided in this subsection, the term ‘‘nonqualified obligation’’
means any obligation secured by a mortgage on an interest
in real property if the income of any member of the stapled
REIT group for services furnished with respect to such property
H. R. 2676—147
would be impermissible tenant service income were such prop-
erty held by the exempt REIT and such services furnished
by the exempt REIT.
(3) EXCEPTION FOR CERTAIN MARKET RATE OBLIGATIONS.—
Such term shall not include any obligation—
(A) payments under which would be treated as interest
if received by a REIT; and
(B) the rate of interest on which does not exceed an
arm’s length rate.
(4) EXCEPTION FOR EXISTING OBLIGATIONS.—Such term shall
not include any obligation—
(A) which is secured on March 26, 1998, by an interest
in real property; and
(B) which is held on such date by the exempt REIT
or any entity which is a member of the stapled REIT
group on such date and at all times thereafter,
but only so long as such obligation is secured by such interest,
and the interest payable on such obligation is not changed
to a rate which exceeds an arm’s length rate unless such
change is pursuant to the terms of the obligation in effect
on March 26, 1998. The preceding sentence shall not cease
to apply by reason of the refinancing of the obligation if (imme-
diately after the refinancing) the principal amount of the obliga-
tion resulting from the refinancing does not exceed the principal
amount of the refinanced obligation (immediately before the
refinancing) and the interest payable on such refinanced obliga-
tion does not exceed an arm’s length rate.
(5) TREATMENT OF ENTITIES WHICH ARE NOT STAPLED, ETC.
ON MARCH 26, 1998.—A rule similar to the rule of subsection
(b)(5) shall apply for purposes of this subsection.
(6) INCREASE IN AMOUNT OF NONQUALIFIED OBLIGATIONS
IF INCREASE IN OWNERSHIP OF SUBSIDIARY.—A rule similar to
the rule of subsection (c)(3) shall apply for purposes of this
subsection.
(7) COORDINATION WITH SUBSECTION (a).—This subsection
shall not apply to the portion of any interest in real property
that the exempt REIT or stapled entity holds or is treated
as holding under this section without regard to this subsection.
(e) DEFINITIONS.—For purposes of this section—
(1) REIT GROSS
INCOME
PROVISIONS.—The term ‘‘REIT
gross income provisions’’ means—
(A) paragraphs (2), (3), and (6) of section 856(c) of
the Internal Revenue Code of 1986; and
(B) section 857(b)(5) of such Code.
(2) EXEMPT REIT.—The term ‘‘exempt REIT’’ means a real
estate investment trust to which section 269B of the Internal
Revenue Code of 1986 does not apply by reason of paragraph
(3) of section 136(c) of the Tax Reform Act of 1984.
(3) STAPLED REIT GROUP.—The term ‘‘stapled REIT group’’
means, with respect to an exempt REIT, the group consisting
of—
(A) all entities which are stapled entities with respect
to the exempt REIT; and
(B) all entities which are 10-percent subsidiary entities
of the exempt REIT or any such stapled entity.
(4) 10-PERCENT SUBSIDIARY ENTITY.—
H. R. 2676—148
(A) IN
GENERAL.—The term ‘‘10-percent subsidiary
entity’’ means, with respect to any exempt REIT or stapled
entity, any entity in which the exempt REIT or stapled
entity (as the case may be) directly or indirectly holds
at least a 10-percent interest.
(B) EXCEPTION FOR CERTAIN C CORPORATION SUBSIDI-
ARIES OF REITS.—A corporation which would, but for this
subparagraph, be treated as a 10-percent subsidiary of
an exempt REIT shall not be so treated if such corporation
is taxable under section 11 of the Internal Revenue Code
of 1986.
(C) 10-PERCENT
INTEREST.—The term ‘‘10-percent
interest’’ means—
(i) in the case of an interest in a corporation,
ownership of 10 percent (by vote or value) of the stock
in such corporation;
(ii) in the case of an interest in a partnership,
ownership of 10 percent of the capital or profits interest
in the partnership; and
(iii) in any other case, ownership of 10 percent
of the beneficial interests in the entity.
(5) OTHER DEFINITIONS.—Terms used in this section which
are used in section 269B or section 856 of such Code shall
have the respective meanings given such terms by such section.
(f ) GUIDANCE.—The Secretary may prescribe such guidance
as may be necessary or appropriate to carry out the purposes
of this section, including guidance to prevent the avoidance of
such purposes and to prevent the double counting of income.
(g) EFFECTIVE DATE.—This section shall apply to taxable years
ending after March 26, 1998.
SEC. 7003. CERTAIN CUSTOMER RECEIVABLES INELIGIBLE FOR MARK
TO MARKET TREATMENT.
(a) CERTAIN RECEIVABLES NOT ELIGIBLE FOR MARK TO MAR-
KET.—Section 475(c) (relating to definitions) is amended by adding
at the end the following new paragraph:
‘‘(4) SPECIAL RULES FOR CERTAIN RECEIVABLES.—
‘‘(A) IN GENERAL.—Paragraph (2)(C) shall not include
any nonfinancial customer paper.
‘‘(B) NONFINANCIAL
CUSTOMER
PAPER.—For purposes
of subparagraph (A), the term ‘nonfinancial customer paper’
means any receivable which—
‘‘(i) is a note, bond, debenture, or other evidence
of indebtedness;
‘‘(ii) arises out of the sale of nonfinancial goods
or services by a person the principal activity of which
is the selling or providing of nonfinancial goods or
services; and
‘‘(iii) is held by such person (or a person who
bears a relationship to such person described in section
267(b) or 707(b)) at all times since issue.’’.
(b) REGULATIONS.—Section 475(g) is amended by striking ‘‘and’’
at the end of paragraph (1), by striking the period at the end
of paragraph (2) and inserting ‘‘, and’’, and by adding at the end
the following new paragraph:
‘‘(3) to prevent the use by taxpayers of subsection (c)(4)
to avoid the application of this section to a receivable that
H. R. 2676—149
is inventory in the hands of the taxpayer (or a person who
bears a relationship to the taxpayer described in sections 267(b)
of 707(b)).’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to taxable years ending after the date of the enact-
ment of this Act.
(2) CHANGE IN METHOD OF ACCOUNTING.—In the case of
any taxpayer required by the amendments made by this section
to change its method of accounting for its first taxable year
ending after the date of the enactment of this Act—
(A) such change shall be treated as initiated by the
taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken into
account ratably over the 4-taxable-year period beginning
with such first taxable year.
SEC. 7004. MODIFICATION OF AGI LIMIT FOR CONVERSIONS TO ROTH
IRAs.
(a) IN GENERAL.—Section 408A(c)(3)(C)(i) (relating to limits
based on modified adjusted gross income) is amended to read as
follows:
‘‘(i) adjusted gross income shall be determined in
the same manner as under section 219(g)(3), except
that—
‘‘(I) any amount included in gross income
under subsection (d)(3) shall not be taken into
account; and
‘‘(II) any amount included in gross income by
reason of a required distribution under a provision
described in paragraph (5) shall not be taken into
account for purposes of subparagraph (B)(i).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2004.
TITLE VIII—IDENTIFICATION OF LIM-
ITED TAX BENEFITS SUBJECT TO
LINE ITEM VETO
SEC. 8001. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO
LINE ITEM VETO.
Section 1021(a)(3) of the Congressional Budget and Impound-
ment Control Act of 1974 shall only apply to—
(1) section 3105 (relating to administrative appeal of
adverse IRS determination of tax-exempt status of bond issue);
and
(2) section 3445(c) (relating to State fish and wildlife
permits).
H. R. 2676—150
TITLE 
IX—TECHNICAL 
CORRECTIONS
TO TRANSPORTATION EQUITY ACT
FOR THE 21ST CENTURY
SEC. 9001. SHORT TITLE.
This title may be cited as the ‘‘TEA 21 Restoration Act’’.
SEC. 9002. 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 
inserting
‘‘$1,029,583,500’’;
(B) 
by 
striking 
‘‘$1,398,675,000’’ 
and 
inserting
‘‘$1,403,977,500’’;
(C) by striking ‘‘$1,678,410,000’’ the first place it
appears and inserting ‘‘$1,684,773,000’’;
(D) by striking ‘‘$1,678,410,000’’ the second place it
appears and inserting ‘‘$1,684,773,000’’;
(E) by striking ‘‘$1,771,655,000’’ the first place it
appears and inserting ‘‘$1,778,371,500’’; and
(F) by striking ‘‘$1,771,655,000’’ the second place it
appears and inserting ‘‘$1,778,371,500’’; 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 and’’.
(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 authority made available
for such programs under such limitations shall remain
available for a period 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:
H. R. 2676—151
‘‘(5) Section 150 of such title, and the item relating 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 subsection (a)
of this section) by striking ‘under section 103’;
‘‘(2) in subsection (b) (as amended by subsection (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 Interstate System routes open to
traffic in each State’; and
‘‘(3) in subsection (e)(2) (as added by subsection (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 metro-
politan 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 inserting ‘adminis-
tered’; and
‘‘(6) in subsection (f )—
‘‘(A) by inserting ‘percentage’ before ‘return’ 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’ before ‘adjust’;
‘‘(ii) by striking ‘set forth’; and
‘‘(iii) by striking ‘do not exceed’ and inserting ‘is
equal to’.’’.
(e) REVENUE ALIGNED BUDGET AUTHORITY.—Section 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:
H. R. 2676—152
‘(a) IN GENERAL.—
‘(1) ALLOCATION.—On October 15 of fiscal year 2000 and
each fiscal year thereafter, the Secretary 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 Bal-
anced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C 901(b)(2)(B)(ii)(I)(cc)) if the amount determined 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 Emer-
gency 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 succeeding 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 programs (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 inserting ‘104(b)(4)’;
and
‘‘(B) by striking ‘104(b)(5)(A)’ each place it appears
and inserting ‘104(b)(5)(A) (as in effect 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 IMPROVEMENT
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 ‘‘reduce’’.
(h) HIGHWAY USE TAX EVASION PROJECTS.—Section 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 ‘PRIORITY’ 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 Century 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
H. R. 2676—153
(a) of this section), are redesignated 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
inserting ‘, sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing composi-
tions’.
‘‘(3) ELIMINATION
OF
DUPLICATIVE
PROVISION.—Section
144(g) of such title is amended by striking paragraph (4).’’.
( j) WOODROW WILSON MEMORIAL BRIDGE CORRECTION.—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 ‘‘section 102’’ each
place it appears and inserting ‘‘section 1101(a)(6)’’.
SEC. 9003. RESTORATIONS TO GENERAL PROVISIONS SUBTITLE.
(a) IN GENERAL.—Subtitle B of title I of the Transportation
Equity Act for the 21st Century is amended by adding at the
end the following:
‘‘SEC. 1224. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.
‘‘(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 subsection (d), the Secretary
shall—
‘‘(1) collect and disseminate information concerning historic
covered bridges;
‘‘(2) foster educational programs relating to the history
and construction techniques of historic covered 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 appropria-
tions, the Secretary shall make a grant to a State that submits
an application to the Secretary 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 paragraph (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, includ-
ing a fireproofing or fire detection system and sprin-
klers;
‘‘(ii) installation of a system to prevent vandalism
and arson; or
H. R. 2676—154
‘‘(iii) relocation of a bridge to a preservation site.
‘‘(3) AUTHENTICITY.—A grant under paragraph (1) may be
made for a project only if—
‘‘(A) to the maximum extent practicable, the project—
‘‘(i) is carried out in the most historically appro-
priate manner; and
‘‘(ii) preserves the existing structure of the historic
covered bridge; and
‘‘(B) the project provides for the replacement of wooden
components with wooden components, 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 appropriated 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 provi-
sion of law, upon the request of the Mayor of the District of
Columbia, the Secretary may approve substitute highway and tran-
sit 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 Interstate 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 Circle 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 construction 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
construction, or construction has not commenced, by such last day,
the Secretary shall withdraw approval of the substitute project.
‘‘SEC. 1226. FISCAL, ADMINISTRATIVE, AND OTHER AMENDMENTS.
‘‘(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;
H. R. 2676—155
‘‘(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 inserting ‘(2) the
project’;
‘‘(2) by striking subsection (c); and
‘‘(3) by redesignating subsection (d) as subsection (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 modifica-
tion of the project agreement, shall be credited to the same program
funding category previously apportioned to the State and shall
be immediately 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 contents 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 ADJUSTMENT.—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 TRANSPORTATION LAWS.—
Section 1211 of such Act is amended—
(1) in subsection (i)(3)(E) by striking ‘‘subparagraph (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 paragraph (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 subsection (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
H. R. 2676—156
(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 one
option in the I–69 route studies performed by the Texas Depart-
ment of Transportation for the designation of I–69 Bypass
in Houston, 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 ‘‘advanced 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 author-
ized 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 approve, 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 sub-
sections (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 apportioned 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.
H. R. 2676—157
‘‘(B) The amounts treated as being apportioned to
Puerto Rico under each section referred 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 sub-
section shall be construed as affecting any allocation under
section 105 of title 23, United States Code, and any appor-
tionment 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 specified 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 available 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
TECHNOLOGY
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
H. R. 2676—158
to the Secretary to make grants for the research and develop-
ment 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 AUTHORIZATION OF APPRO-
PRIATIONS.—
‘(A) IN GENERAL.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection such
sums as are necessary for each of fiscal years 2000 through
2003.
‘(B) AVAILABILITY.—Notwithstanding section 118(a),
funds made available under subparagraph (A)—
‘(i) shall not be available in advance of an annual
appropriation; and
‘(ii) shall remain available until expended.’.’’.
( j) TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.—Section
1223(f ) of such Act is amended by inserting before the period
at the end the following: ‘‘or Special Olympics International’’.
SEC. 9004. RESTORATIONS TO PROGRAM STREAMLINING AND FLEXI-
BILITY SUBTITLE.
(a) IN GENERAL.—Subtitle C of title I of the Transportation
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 estab-
lish criteria for all discretionary programs funded 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 APPLICATIONS.—Before
accepting applications for grants under any discretionary pro-
gram 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 established under sub-
section (a). Such publication shall identify all statutory criteria
and any criteria established by regulation that will apply to
the program.
‘‘(2) EXPLANATION.—Not less often than quarterly, the Sec-
retary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure 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 minimum, the criteria
established under subsection (a) and the selection process estab-
lished by subsection (b) shall apply to the following programs:
‘‘(1) The intelligent transportation system deployment pro-
gram under title V.
H. R. 2676—159
‘‘(2) The national corridor planning and development
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 contents con-
tained 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 section 1310
the following:
‘‘Sec. 1311. Discretionary grant selection criteria and process.’’.
(c) REVIEW
PROCESS.—Section 1309 of the Transportation
Equity Act for the 21st Century is amended—
(1) in subsection (a)(1) by inserting after ‘‘highway construc-
tion’’ 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 following: ‘‘or for
a mass transit project made available under chapter 53
of title 49, United States Code,’’.
SEC. 9005. RESTORATIONS TO SAFETY SUBTITLE.
(a) IN GENERAL.—Subtitle D of title I of the Transportation
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 ‘‘alcoholic beverage’’
has the meaning given the term in section 158(c).
‘(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include
a vehicle operated exclusively on a rail or rails.
‘(3) OPEN
ALCOHOLIC
BEVERAGE
CONTAINER.—The term
‘‘open alcoholic beverage container’’ means any bottle, can, or
other receptacle—
‘(A) that contains any amount of alcoholic beverage;
and
H. R. 2676—160
‘(B)(i) that is open or has a broken seal; or
‘(ii) the contents of which are partially removed.
‘(4) PASSENGER
AREA.—The term ‘‘passenger area’’ shall
have the meaning given the term by the Secretary by regula-
tion.
‘(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 beverage 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 TRANSPORT MANY PAS-
SENGERS.—For the purposes of this section, if a State has
in effect a law that makes unlawful the possession of any
open alcoholic beverage container by the driver (but not by
a passenger)—
‘(A) in the passenger area of a motor vehicle 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 described
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 enacted or is not enforcing
an open container law described in subsection (b), the Secretary
shall transfer an amount equal to 11⁄2 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—
‘(A) to be used for alcohol-impaired driving counter-
measures; 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 (including regulations), including the purchase of
equipment, the training of officers, and the use of additional
personnel for specific alcohol-impaired driving counter-
measures, dedicated to enforcement of the laws (including
regulations).
‘(2) FISCAL
YEAR
2003
AND
FISCAL
YEARS
THEREAFTER.—
On October 1, 2002, and each October 1 thereafter, if a State
has not enacted or is not enforcing an open container law
described in subsection (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 paragraph (1).
‘(3) USE FOR HAZARD ELIMINATION PROGRAM.—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.
H. R. 2676—161
‘(4) FEDERAL
SHARE.—The Federal share of the cost of
a project carried out with funds transferred under paragraph
(1) or (2), or used under paragraph (3), shall be 100 percent.
‘(5) DERIVATION
OF
AMOUNT
TO
BE
TRANSFERRED.—The
amount to be transferred under paragraph (1) or (2) may be
derived from one 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 transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer
an amount, determined under subparagraph (B), of obliga-
tion authority distributed for the fiscal year to the State
for Federal-aid highways and highway safety construction
programs for carrying out projects under section 402.
‘(B) AMOUNT.—The amount of obligation authority
referred to in subparagraph (A) shall be determined by
multiplying—
‘(i) the amount of funds transferred under subpara-
graph (A) to the apportionment of the State under
section 402 for the fiscal year, by
‘(ii) the ratio that—
‘(I) 
the 
amount 
of 
obligation 
authority
distributed for the fiscal year to the State for Fed-
eral-aid highways and highway safety construction
programs, bears to
‘(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject
to any obligation limitation) for the fiscal year.
‘(7) 
LIMITATION
ON
APPLICABILITY
OF
OBLIGATION
LIMITATION.—Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety pro-
grams under section 402 shall apply to funds transferred under
this subsection to the apportionment of a State under such
section.’.
‘‘(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by inserting after the item relating to section
153 the following:
‘154. Open container requirements.’.
‘‘SEC. 1406. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIV-
ING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
‘‘(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘§ 164. Minimum penalties for repeat offenders for driving
while intoxicated or driving under the influence
‘(a) DEFINITIONS.—In this section, the following definitions
apply:
H. R. 2676—162
‘(1) ALCOHOL
CONCENTRATION.—The term ‘‘alcohol con-
centration’’ means grams of alcohol per 100 milliliters of blood
or grams of alcohol per 210 liters of breath.
‘(2) DRIVING
WHILE
INTOXICATED; DRIVING
UNDER
THE
INFLUENCE.—The terms ‘‘driving while intoxicated’’ and ‘‘driving
under the influence’’ mean driving or being in actual physical
control of a motor vehicle while having an alcohol concentration
above the permitted limit as established by each State.
‘(3) LICENSE SUSPENSION.—The term ‘‘license suspension’’
means the suspension of all driving privileges.
‘(4) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include
a vehicle operated solely on a rail line or a commercial vehicle.
‘(5) REPEAT INTOXICATED DRIVER LAW.—The term ‘‘repeat
intoxicated driver law’’ means a State law that provides, as
a minimum penalty, that an individual convicted of a second
or subsequent offense for driving while intoxicated or driving
under the influence after a previous conviction for that offense
shall—
‘(A) receive a driver’s license suspension for not less
than 1 year;
‘(B) be subject to the impoundment or immobilization
of each of the individual’s motor vehicles or the installation
of an ignition interlock system on each of the motor
vehicles;
‘(C) receive an assessment of the individual’s degree
of abuse of alcohol and treatment as appropriate; and
‘(D) receive—
‘(i) in the case of the second offense—
‘(I) an assignment of not less than 30 days
of community service; or
‘(II) not less than 5 days of imprisonment;
and
‘(ii) in the case of the third or subsequent offense—
‘(I) an assignment of not less than 60 days
of community service; or
‘(II) not less than 10 days of imprisonment.
‘(b) TRANSFER OF FUNDS.—
‘(1) FISCAL YEARS 2001 AND 2002.—On October 1, 2000, and
October 1, 2001, if a State has not enacted or is not enforcing
a repeat intoxicated driver law, the Secretary shall transfer
an amount equal to 11⁄2 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—
‘(A) to be used for alcohol-impaired driving counter-
measures; 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 (including regulations), including the purchase of
equipment, the training of officers, and the use of additional
personnel for specific alcohol-impaired driving counter-
measures, dedicated to enforcement of the laws (including
regulations).
H. R. 2676—163
‘(2) FISCAL
YEAR
2003
AND
FISCAL
YEARS
THEREAFTER.—
On October 1, 2002, and each October 1 thereafter, if a State
has not enacted or is not enforcing a repeat intoxicated driver
law, 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 apportion-
ment of the State under section 402 to be used or directed
as described in subparagraph (A) or (B) of paragraph (1).
‘(3) USE FOR HAZARD ELIMINATION PROGRAM.—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 transferred under paragraph
(1) or (2), or used under paragraph (3), shall be 100 percent.
‘(5) DERIVATION
OF
AMOUNT
TO
BE
TRANSFERRED.—The
amount to be transferred under paragraph (1) or (2) may be
derived from one 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 transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer
an amount, determined under subparagraph (B), of obliga-
tion authority distributed for the fiscal year to the State
for Federal-aid highways and highway safety construction
programs for carrying out projects under section 402.
‘(B) AMOUNT.—The amount of obligation authority
referred to in subparagraph (A) shall be determined by
multiplying—
‘(i) the amount of funds transferred under subpara-
graph (A) to the apportionment of the State under
section 402 for the fiscal year, by
‘(ii) the ratio that—
‘(I) 
the 
amount 
of 
obligation 
authority
distributed for the fiscal year to the State for Fed-
eral-aid highways and highway safety construction
programs, bears to
‘(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject
to any obligation limitation) for the fiscal year.
‘(7) 
LIMITATION
ON
APPLICABILITY
OF
OBLIGATION
LIMITATION.—Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety pro-
grams under section 402 shall apply to funds transferred under
this subsection to the apportionment of a State under such
section.’.
H. R. 2676—164
‘‘(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by adding at the end the following:
‘164. Minimum penalties for repeat offenders for driving while intoxicated or driving
under the influence.’.’’.
(b) CONFORMING AMENDMENT.—The table of contents contained
in section 1(b) of such Act is amended by inserting after the item
relating to section 1403 the following:
‘‘Sec. 1404. Safety incentives to prevent operation of motor vehicles by intoxicated
persons.
‘‘Sec. 1405. Open container laws.
‘‘Sec. 1406. Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.’’.
(c) ROADSIDE SAFETY TECHNOLOGIES.—Section 1402(a)(2) of
such Act is amended by striking ‘‘directive’’ and inserting ‘‘redirec-
tive’’.
SEC. 9006. ELIMINATION OF DUPLICATE PROVISIONS.
(a) SAN MATEO COUNTY, CALIFORNIA.—Section 1113 of the
Transportation Equity Act for the 21st Century is amended—
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) VALUE PRICING PILOT PROGRAM.—Section 1216(a) of such
Act is amended by adding at the end the following:
‘‘(8) CONFORMING AMENDMENTS.—
‘‘(A) Section 1012(b)(6) of such Act (as amended by
paragraph (5) of this subsection) is amended by striking
‘146(c)’ and inserting ‘102(a)’.
‘‘(B) Section 1012(b)(8) of such Act (as added by para-
graph (7) of this subsection) is amended—
‘‘(i) in subparagraph (C) by striking ‘under this
subsection’ and inserting ‘to carry out this subsection’;
‘‘(ii) in subparagraph (D)—
‘‘(I) by striking ‘under this paragraph’ and
inserting ‘to carry out this subsection’; and
‘‘(II) by striking ‘by this paragraph’ and insert-
ing ‘to carry out this subsection’;
‘‘(iii) by striking subparagraph (A); and
‘‘(iv) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively.’’.
(c) NATIONAL
DEFENSE
HIGHWAYS
OUTSIDE
THE
UNITED
STATES.—Section 1214(e) of such Act is amended to read as follows:
‘‘(e) MINNESOTA TRANSPORTATION HISTORY NETWORK.—
‘‘(1) IN GENERAL.—The Secretary shall award a grant to
the Minnesota Historical Society for the establishment of the
Minnesota Transportation History Network to include major
exhibits, interpretive programs at national historic landmark
sites, and outreach programs with county and local historical
organizations.
‘‘(2) COORDINATION.—In carrying out subsection (a), the
Secretary shall coordinate with officials of the Minnesota
Historical Society.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $1,000,000 for each of fiscal
years 1998 through 2003 to carry out this subsection.
‘‘(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
H. R. 2676—165
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that such funds shall remain
available until expended.’’.
(d) ENTRANCE
PAVING
AT
NINIGRET
NATIONAL
WILDLIFE
REFUGE.—Section 1214(i) of such Act is amended by striking
‘‘$750,000’’ each place it appears and inserting ‘‘$75,000’’.
SEC. 9007. HIGHWAY FINANCE.
(a) IN GENERAL.—Section 1503 of the Transportation Equity
Act for the 21st Century is amended by adding at the end the
following:
‘‘(c) TECHNICAL AMENDMENTS.—Section 188 of title 23, United
States Code (as added by subsection (a) of this section), is
amended—
‘‘(1) in subsection (a)(2) by striking ‘1998’ and inserting
‘1999’; and
‘‘(2) in subsection (c)—
‘‘(A) by striking ‘1998’ and inserting ‘1999’; and
‘‘(B) by striking the table and inserting the following:
Maximum amount
‘Fiscal year:
of credit:
1999 .....................................................................................................$1,600,000,000
2000 .....................................................................................................$1,800,000,000
2001 .....................................................................................................$2,200,000,000
2002 .....................................................................................................$2,400,000,000
2003 .....................................................................................................$2,600,000,000.’.’’.
(b) CONFORMING AMENDMENTS.—The table of contents con-
tained in section 1(b) of the Transportation Equity Act for the
21st Century is amended—
(1) in the item relating to section 1119 by striking ‘‘and
safety’’; and
(2) by striking the items relating to subtitle E of title
I and inserting the following:
‘‘Subtitle E—Finance
‘‘CHAPTER 1—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
‘‘Sec. 1501. Short title.
‘‘Sec. 1502. Findings.
‘‘Sec. 1503. Establishment of program.
‘‘Sec. 1504. Duties of the Secretary.
‘‘CHAPTER 2—STATE INFRASTRUCTURE BANK PILOT PROGRAM
‘‘Sec. 1511. State infrastructure bank pilot program.’’.
SEC. 9008. HIGH PRIORITY PROJECTS TECHNICAL CORRECTIONS.
The table contained in section 1602 of the Transportation
Equity Act for the 21st Century is amended—
(1) in item 1 by striking ‘‘1.275’’ and inserting ‘‘1.7’’;
(2) in item 82 by striking ‘‘30.675’’ and inserting ‘‘32.4’’;
(3) in item 107 by striking ‘‘1.125’’ and inserting ‘‘1.44’’;
(4) in item 121 by striking ‘‘10.5’’ and inserting ‘‘5.0’’;
(5) in item 140 by inserting ‘‘-VFHS Center’’ after ‘‘Park’’;
(6) in item 151 by striking ‘‘5.666’’ and inserting ‘‘8.666’’;
(7) in item 164—
(A) by inserting ‘‘, and $3,000,000 for the period of
fiscal years 1998 and 1999 shall be made available to
carry out section 1217( j)’’ after ‘‘Pennsylvania’’; and
(B) by striking ‘‘25’’ and inserting ‘‘24.78’’;
(8) by striking item 166 and inserting the following:
H. R. 2676—166
‘‘166.
Michigan ........
Improve Tenth Street, Port Huron ................
1.8’’;
(9) by striking item 242 and inserting the following:
‘‘242.
Minnesota ......
Construct Third Street North, CSAH 81,
Waite Park and St. Cloud ...........................
1.0’’;
(10) by striking item 250 and inserting the following:
‘‘250.
Indiana ..........
Reconstruct Old Merridan Corridor from
Pennsylvania Avenue to Gilford Road ...
1.35’’;
(11) in item 255 by striking ‘‘2.25’’ and inserting ‘‘3.0’’;
(12) in item 263 by striking ‘‘Upgrade Highway 99 between
State Highway 70 and Lincoln Road, Sutter County’’ and insert-
ing ‘‘Upgrade Highway 99, Sutter County’’;
(13) in item 288 by striking ‘‘3.75’’ and inserting ‘‘5.0’’;
(14) in item 290 by striking ‘‘3.5’’ and inserting ‘‘3.0’’;
(15) in item 345 by striking ‘‘8’’ and inserting ‘‘19.4’’;
(16) in item 418 by striking ‘‘2’’ and inserting ‘‘2.5’’;
(17) in item 421 by striking ‘‘11’’ and inserting ‘‘6’’;
(18) in item 508 by striking ‘‘1.8’’ and inserting ‘‘2.4’’;
(19) by striking item 525 and inserting the following:
‘‘525.
Alaska ............
Construct Bradfield Canal Road ....................
1’’;
(20) in item 540 by striking ‘‘1.5’’ and inserting ‘‘2.0’’;
(21) in item 576 by striking ‘‘0.52275’’ and inserting
‘‘0.69275’’;
(22) in item 588 by striking ‘‘2.5’’ and inserting ‘‘3.0’’;
(23) in item 591 by striking ‘‘10’’ and inserting ‘‘5’’;
(24) in item 635 by striking ‘‘1.875’’ and inserting ‘‘2.15’’;
(25) in item 669 by striking ‘‘3’’ and inserting ‘‘3.5’’;
(26) in item 702 by striking ‘‘10.5’’ and inserting ‘‘10’’;
(27) in item 746 by inserting ‘‘, and for the purchase of
the Block House in Scott County, Virginia’’ after ‘‘Forest’’;
(28) in item 755 by striking ‘‘1.125’’ and inserting ‘‘1.5’’;
(29) in item 769 by striking ‘‘Construct new I–95 inter-
change with Highway 99W, Tehama County’’ and inserting
‘‘Construct new I–5 interchange with Highway 99W, Tehama
County’’;
(30) in item 770 by striking ‘‘1.35’’ and inserting ‘‘1.0’’;
(31) in item 789 by striking ‘‘2.0625’’ and inserting ‘‘1.0’’;
(32) in item 803 by striking ‘‘Tomahark’’ and inserting
‘‘Tomahawk’’;
(33) in item 836 by striking ‘‘Construct’’ and all that follows
through ‘‘for’’ and inserting ‘‘To the National Park Service for
construction of the’’;
(34) in item 854 by striking ‘‘0.75’’ and inserting ‘‘1’’;
(35) in item 863 by striking ‘‘9’’ and inserting ‘‘4.75’’;
(36) in item 887 by striking ‘‘0.75’’ and inserting ‘‘3.21’’;
(37) in item 891 by striking ‘‘19.5’’ and inserting ‘‘25.0’’;
(38) in item 902 by striking ‘‘10.5’’ and inserting ‘‘14.0’’;
(39) by striking item 1065 and inserting the following:
H. R. 2676—167
‘‘1065.
Texas ..............
Construct a 4-lane divided highway on
Artcraft Road from I–10 to Route 375 in
El Paso ......................................................
5’’;
(40) in item 1192 by striking ‘‘24.97725’’ and inserting
‘‘24.55725’’;
(41) in item 1200 by striking ‘‘Upgrade (all weather) on
U.S. 2, U.S. 41, and M 35’’ and inserting ‘‘Upgrade (all weather)
on Delta County’s reroute of U.S. 2, U.S. 41, and M 35’’;
(42) in item 1245 by striking ‘‘3’’ and inserting ‘‘3.5’’;
(43) in item 1271 by striking ‘‘Spur’’ and all that follows
through ‘‘U.S. 59’’ and inserting ‘‘rail-grade separations (Rosen-
berg Bypass) at U.S. 59(S)’’;
(44) in item 1278 by striking ‘‘28.18’’ and inserting ‘‘22.0’’;
(45) in item 1288 by inserting ‘‘30’’ after ‘‘U.S.’’;
(46) in item 1338 by striking ‘‘5.5’’ and inserting ‘‘3.5’’;
(47) in item 1383 by striking ‘‘0.525’’ and inserting ‘‘0.35’’;
(48) in item 1395 by striking ‘‘Construct’’ and all that
follows through ‘‘Road’’ and inserting ‘‘Upgrade Route 219
between Meyersdale and Somerset’’;
(49) in item 1468 by striking ‘‘Reconstruct’’ and all that
follows through ‘‘U.S. 23’’ and inserting ‘‘Conduct engineering
and design and improve I–94 in Calhoun and Jackson
Counties’’;
(50) in item 1474—
(A) by striking ‘‘in Euclid’’ and inserting ‘‘and London
Road in Cleveland’’; and
(B) by striking ‘‘3.75’’ and inserting ‘‘8.0’’;
(51) in item 1535 by striking ‘‘Stanford’’ and inserting
‘‘Stamford’’;
(52) in item 1538 by striking ‘‘and Winchester’’ and
inserting ‘‘, Winchester, and Torrington’’;
(53) by striking item 1546 and inserting the following:
‘‘1546.
Michigan ........
Construct Bridge-to-Bay bike path, St.
Clair County .............................................
0.450’’;
(54) by striking item 1549 and inserting the following:
‘‘1549.
New York .......
Center for Advanced Simulation and
Technology at Dowling College ...............
0.6’’;
(55) in item 1663 by striking ‘‘26.5’’ and inserting ‘‘27.5’’;
(56) in item 1703 by striking ‘‘I–80’’ and inserting
‘‘I–180’’;
(57) in item 1726 by striking ‘‘I–179’’ and inserting
‘‘I–79’’;
(58) by striking item 1770 and inserting the following:
‘‘1770.
Virginia ..........
Operate and conduct research on the
‘Smart Road’ in Blacksburg .....................
6.025’’;
(59) in item 1810 by striking ‘‘Construct Rio Rancho High-
way’’ and inserting ‘‘Northwest Albuquerque/Rio Rancho high
priority roads’’;
H. R. 2676—168
(60) in item 1815 by striking ‘‘High’’ and all that follows
through ‘‘projects’’ and inserting ‘‘Highway and bridge projects
that Delaware provides for by law’’;
(61) in item 1844 by striking ‘‘Prepare’’ and inserting
‘‘Repair’’;
(62) by striking item 1850 and inserting the following:
‘‘1850.
Missouri .........
Resurface and maintain roads located in
Missouri State parks ...............................
5’’;
(63) in item 661 by striking ‘‘SR 800’’ and inserting
‘‘SR 78’’;
(64) in item 1704 by inserting ‘‘, Pittsburgh,’’ after ‘‘Road’’;
(65) in item 1710 by inserting ‘‘, Bethlehem’’ after ‘‘site’’;
and
(66) in item 1626 by striking ‘‘1’’ and inserting ‘‘2’’.
SEC. 9009. FEDERAL TRANSIT ADMINISTRATION PROGRAMS.
(a) DEFINITIONS.—Section 3003 of the Federal Transit Act of
1998 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Section 5302’’;
and
(2) by adding at the end the following:
‘‘(b) CONFORMING AMENDMENTS.—Section 5302 (as amended
by subsection (a) of this section) is amended in subsection (a)(1)(G)(i)
by striking ‘daycare and’ and inserting ‘daycare or ’.’’.
(b) METROPOLITAN PLANNING.—Section 3004 of the Federal
Transit Act of 1998 is amended—
(1) in subsection (b)—
(A) in paragraph (1) by striking subparagraph (A) and
inserting the following:
‘‘(A) by striking ‘general local government representing ’
and inserting ‘general purpose local government that
together represent’; and’’;
(B) in paragraph (3) by striking ‘‘and’’ at the end;
(C) in paragraph (4) by striking subparagraph (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:
‘‘(4) 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 one metropolitan planning organiza-
tion, the metropolitan planning organizations 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 article II of the Tahoe Regional Plan-
ning Compact, as set forth in the first section of Public
Law 96–551 (94 Stat. 3234).
H. R. 2676—169
‘‘(B) 
TRANSPORTATION
PLANNING
PROCESS.—The
Secretary shall—
‘‘(i) establish with the Federal land management
agencies that have jurisdiction over land in the Lake
Tahoe region a transportation planning process for the
region; and
‘‘(ii) coordinate the transportation planning process
with the planning process required of State and local
governments under this chapter and sections 134 and
135 of title 23, United States Code.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause (ii) and not-
withstanding subsection (b), to carry out the transpor-
tation planning process required by this section, the
consent of Congress is granted to the States of Califor-
nia and Nevada to designate a metropolitan planning
organization for the Lake Tahoe region, by agreement
between the Governors of the States of California and
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 defined by the Bureau of the Census)), or in accord-
ance with procedures established by applicable State
or local law.
‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT
AGENCIES.—
‘‘(I) REPRESENTATION.—The policy board of a
metropolitan planning organization designated
under clause (i) shall include a representative of
each Federal land management agency that has
jurisdiction over land in the Lake Tahoe region.
‘‘(II) FUNDING.—In addition to funds made
available to the metropolitan planning organiza-
tion 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 for the Lake Tahoe region under this
subparagraph.
‘‘(D) 
ACTIVITIES.—Highway 
projects 
included 
in
transportation plans developed under this paragraph—
‘‘(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land
management agencies that have jurisdiction over land
in the Lake Tahoe region; and
‘‘(ii) may, in accordance with chapter 2 of title
23, be funded using funds allocated under section 202
of title 23, United States Code.’’; and
(3) by adding at the end the following:
‘‘(f ) TECHNICAL ADJUSTMENTS.—Section 5303(f ) is amended—
‘‘(1) in paragraph (1) (as amended by subsection (e)(1) of
this subsection)—
‘‘(A) in subparagraph (C) by striking ‘and’ at the end;
‘‘(B) in subparagraph (D) by striking the period at
the end and inserting ‘; and’; and
‘‘(C) by adding at the end the following:
H. R. 2676—170
‘(E) the financial plan may include, for illustrative pur-
poses, additional projects that would be included in the adopted
long-range plan if reasonable additional resources beyond those
identified in the financial plan were available, except that,
for the purpose of developing the long-range plan, the metropoli-
tan planning organization and the State shall cooperatively
develop estimates of funds that will be available to support
plan implementation.’; and
‘‘(2) by adding at the end the following:
‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwith-
standing paragraph (1)(E), a State or metropolitan planning
organization shall not be required to select any project from the
illustrative list of additional projects included in the financial plan
under paragraph (1)(B).’.’’.
(c) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.—
Section 3005 of the Federal Transit Act of 1998 is amended—
(1) in the section heading by inserting ‘‘METROPOLITAN’’
before ‘‘TRANSPORTATION’’; and
(2) by adding at the end the following:
‘‘(d) TECHNICAL ADJUSTMENTS.—Section 5304 is amended—
‘‘(1) in subsection (a) (as amended by subsection (a) of
this section)—
‘‘(A) by striking ‘In cooperation with’ and inserting
the following:
‘(1) IN GENERAL.—In cooperation with’; and
‘‘(B) by adding at the end the following:
‘(2) FUNDING
ESTIMATE.—For the purpose of developing
the transportation improvement program, the metropolitan
planning organization, public transit agency, and the State
shall cooperatively develop estimates of funds that are reason-
ably expected to be available to support program implementa-
tion.’;
‘‘(2) in subsection (b)(2)—
‘‘(A) in subparagraph (B) by striking ‘and’ at the end;
and
‘‘(B) in subparagraph (C) (as added by subsection (b)
of this section) by striking ‘strategies which may include’
and inserting the following: ‘strategies; and
‘(D) may include’; and
‘‘(3) in subsection (c) by striking paragraph (4) (as amended
by subsection (c) of this section) and inserting the following:
‘(4) SELECTION
OF
PROJECTS
FROM
ILLUSTRATIVE
LIST.—
‘(A) 
IN
GENERAL.—Notwithstanding 
subsection
(b)(2)(D), a State or metropolitan planning organization
shall not be required to select any project from the illus-
trative list of additional projects included in the financial
plan under subsection (b)(2)(D).
‘(B) ACTION BY SECRETARY.—Action by the Secretary
shall be required for a State or metropolitan planning
organization to select any project from the illustrative list
of additional projects included in the plan under subsection
(b)(2) for inclusion in an approved transportation improve-
ment plan.’.’’.
(d) TRANSPORTATION MANAGEMENT AREAS.—Section 3006(d) of
the Federal Transit Act of 1998 is amended to read as follows:
‘‘(d) PROJECT SELECTION.—Section 5305(d)(1) is amended to
read as follows: ‘(1)(A) All federally funded projects carried out
H. R. 2676—171
within the boundaries of a transportation management area under
title 23 (excluding projects carried out on the National Highway
System and projects carried out under the bridge and interstate
maintenance program) or under this chapter shall be selected from
the approved transportation improvement program by the metro-
politan planning organization designated for the area in consulta-
tion with the State and any affected public transit operator.
‘(B) Projects carried out within the boundaries of a transpor-
tation management area on the National Highway System and
projects carried out within such boundaries under the bridge pro-
gram or the interstate maintenance program shall be selected from
the approved transportation improvement program by the State
in cooperation with the metropolitan planning organization des-
ignated for the area.’.’’.
(e) URBANIZED AREA FORMULA GRANTS.—Section 3007 of the
Federal Transit Act of 1998 is amended by adding at the end
the following:
‘‘(h) TECHNICAL ADJUSTMENTS.—
‘‘(1) GENERAL
AUTHORITY.—Section 5307(b) (as amended
by subsection (c)(1)(B) of this section) is amended by adding
at the end the following: ‘The Secretary may make grants
under this section from funds made available for fiscal year
1998 to finance the operating costs of equipment and facilities
for use in mass transportation in an urbanized area with a
population of at least 200,000.’.
‘‘(2) REPORT.—Section 5307(k)(3) (as amended by subsection
(f ) of this section) is amended by inserting ‘preceding’ before
‘fiscal year’.’’.
(f ) CLEAN FUELS FORMULA GRANT PROGRAM.—Section 3008
of the Federal Transit Act of 1998 is amended by adding at the
end the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 5308(e)(2) (as added
by subsection (a) of this section) is amended by striking ‘$50,000,000’
and inserting ‘35 percent’.’’.
(g) CAPITAL INVESTMENT GRANTS AND LOANS.—Section 3009
of the Federal Transit Act of 1998 is amended by adding at the
end the following:
‘‘(k) TECHNICAL ADJUSTMENTS.—
‘‘(1) CRITERIA.—Section 5309(e) (as amended by subsection
(e) of this section) is amended—
‘‘(A) in paragraph (3)(C) by striking ‘urban’ and insert-
ing ‘suburban’;
‘‘(B) in the second sentence of paragraph (6) by striking
‘or not’ and all that follows through ‘, based’ and inserting
‘or ‘‘not recommended’’, based’; and
‘‘(C) in the last sentence of paragraph (6) by inserting
‘of the’ before ‘criteria established’.
‘‘(2) LETTERS OF INTENT AND FULL FUNDING GRANT AGREE-
MENTS.—Section 5309(g) (as amended by subsection (f ) of this
section) is amended in paragraph (4) by striking ‘5338(a)’ and
all that follows through ‘2003’ and inserting ‘5338(b) of this
title for new fixed guideway systems and extensions to existing
fixed guideway systems and the amount appropriated under
section 5338(h)(5) or an amount equivalent to the last 2 fiscal
years of funding authorized under section 5338(b) for new fixed
guideway systems and extensions to existing fixed guideway
systems’.
H. R. 2676—172
‘‘(3) ALLOCATING AMOUNTS.—Section 5309(m) (as amended
by subsection (g) of this section) is amended—
‘‘(A) in paragraph (1) by inserting ‘(b)’ after ‘5338’;
‘‘(B) by striking paragraph (2) and inserting the
following:
‘(2) NEW FIXED GUIDEWAY GRANTS.—
‘(A) LIMITATION ON AMOUNTS AVAILABLE FOR ACTIVITIES
OTHER THAN FINAL DESIGN AND CONSTRUCTION.—Not more
than 8 percent of the amounts made available in each
fiscal year by paragraph (1)(B) shall be available for activi-
ties other than final design and construction.
‘(B) FUNDING FOR FERRY BOAT SYSTEMS.—
‘(i) AMOUNTS UNDER (1)(B).—Of the amounts made
available under paragraph (1)(B), $10,400,000 shall
be available in each of fiscal years 1999 through 2003
for capital projects in Alaska or Hawaii, for new fixed
guideway systems and extensions to existing fixed
guideway systems that are ferry boats or ferry terminal
facilities, or that are approaches to ferry terminal facili-
ties.
‘(ii) AMOUNTS UNDER 5338(H)(5).—Of the amounts
appropriated under section 5338(h)(5), $3,600,000 shall
be available in each of fiscal years 1999 through 2003
for capital projects in Alaska or Hawaii, for new fixed
guideway systems and extensions to existing fixed
guideway systems that are ferry boats or ferry terminal
facilities, or that are approaches to ferry terminal facili-
ties.’;
‘‘(C) by redesignating paragraph (4) as paragraph
(3)(C);
‘‘(D) in paragraph (3) by adding at the end the
following:
‘(D) OTHER THAN URBANIZED AREAS.—Of amounts made
available by paragraph (1)(C), not less than 5.5 percent
shall be available in each fiscal year for other than urban-
ized areas.’;
‘‘(E) by striking paragraph (5); and
‘‘(F) by inserting after paragraph (3) the following:
‘(4) ELIGIBILITY FOR ASSISTANCE FOR MULTIPLE PROJECTS.—
A person applying for or receiving assistance for a project
described in subparagraph (A), (B), or (C) of paragraph (1)
may receive assistance for a project described in any other
of such subparagraphs.’.’’.
(h) REFERENCES
TO FULL FUNDING GRANT AGREEMENTS.—
Section 3009(h)(3) of the Federal Transit Act of 1998 is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A)(ii);
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) in section 5328(a)(4) by striking ‘section 5309(m)(2)
of this title’ and inserting ‘5309(o)(1)’; and
‘‘(D) in section 5309(n)(2) by striking ‘in a way’ and
inserting ‘in a manner’.’’.
(i) DOLLAR
VALUE
OF
MOBILITY
IMPROVEMENTS.—Section
3010(b)(2) of the Federal Transit Act of 1998 is amended by striking
‘‘Secretary’’ and inserting ‘‘Comptroller General’’.
H. R. 2676—173
( j) INTELLIGENT
TRANSPORTATION
SYSTEM
APPLICATIONS.—
Section 3012 of the Federal Transit Act of 1998 is amended by
moving paragraph (3) of subsection (a) to the end of subsection
(b) and by redesignating such paragraph (3) as paragraph (4).
(k) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015 of
the Federal Transit Act of 1998 is amended—
(1) in subsection (c)(2) by adding at the end the following:
‘‘Financial assistance made available under this subsection and
projects assisted with the assistance shall be subject to section
5333(a) of title 49, United States Code.’’; and
(2) by adding at the end the following:
‘‘(d) TRAINING AND CURRICULUM DEVELOPMENT.—
‘‘(1) IN GENERAL.—Any funds made available by section
5338(e)(2)(C)(iii) of title 49, United States Code, shall be avail-
able in equal amounts for transportation research, training,
and curriculum development at institutions identified in sub-
paragraphs (E) and (F) of section 5505( j)(3) of such title.
‘‘(2) SPECIAL RULE.—If the institutions identified in para-
graph (1) are selected pursuant to 5505(i)(3)(B) of such title
in fiscal year 2002 or 2003, the funds made available to carry
out this subsection shall be available to those institutions to
carry 
out 
the 
activities 
required 
pursuant 
to 
section
5505(i)(3)(B) of such title for that fiscal year.’’.
(l) NATIONAL
TRANSIT
INSTITUTE.—Section 3017(a) of the
Federal Transit Act of 1998 is amended to read as follows:
‘‘(a) IN GENERAL.—Section 5315 is amended—
‘‘(1) in the section heading by striking ‘mass transpor-
tation’ and inserting ‘transit’;
‘‘(2) in subsection (a)—
‘‘(A) by striking ‘mass transportation’ in the first sen-
tence and inserting ‘transit’;
‘‘(B) in paragraph (5) by inserting ‘and architectural
design’ before the semicolon at the end;
‘‘(C) in paragraph (7) by striking ‘carrying out’ and
inserting ‘delivering’;
‘‘(D) in paragraph (11) by inserting ‘, construction
management, insurance, and risk management’ before the
semicolon at the end;
‘‘(E) in paragraph (13) by striking ‘and’ at the end;
‘‘(F) in paragraph (14) by striking the period at the
end and inserting a semicolon; and
‘‘(G) by adding at the end the following:
‘(15) innovative finance; and
‘(16) workplace safety.’.’’.
(m) PILOT PROGRAM.—Section 3021(a) of the Federal Transit
Act of 1998 is amended by inserting ‘‘single-State’’ before ‘‘pilot
program’’.
(n) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.—
Section 3022 of the Federal Transit Act of 1998 is amended by
adding at the end the following:
‘‘(b) CONFORMING AMENDMENT.—Section 5325(b) (as redesig-
nated by subsection (a)(2) of this section) is amended—
‘‘(1) by inserting ‘or requirement’ after ‘A contract’; and
‘‘(2) by inserting before the last sentence the following:
‘When awarding such contracts, recipients of assistance under
this chapter shall maximize efficiencies of administration by
accepting nondisputed audits conducted by other governmental
H. R. 2676—174
agencies, as provided in subparagraphs (C) through (F) of
section 112(b)(2) of title 23, United States Code.’.’’.
(o) CONFORMING AMENDMENT.—Section 3027 of the Federal
Transit Act of 1998 is amended—
(1) in subsection (c) by striking ‘‘600,000’’ each place it
appears and inserting ‘‘900,000’’; and
(2) by adding at the end the following:
‘‘(d) CONFORMING AMENDMENT.—The item relating to section
5336 in the table of sections for chapter 53 is amended by striking
‘block grants’ and inserting ‘formula grants’.’’.
(p) APPORTIONMENT FOR FIXED GUIDEWAY MODERNIZATION.—
Section 3028 of the Federal Transit Act of 1998 is amended by
adding at the end the following:
‘‘(c) CONFORMING AMENDMENTS.—Section 5337(a) (as amended
by subsection (a) of this section) is amended—
‘‘(1) in paragraph (2)(B) by striking ‘(e)’ and inserting
‘(e)(1)’;
‘‘(2) in paragraph (3)(D)—
‘‘(A) by striking ‘(ii)’; and
‘‘(B) by striking ‘(e)’ and inserting ‘(e)(1)’;
‘‘(3) in paragraph (4) by striking ‘(e)’ and inserting ‘(e)(1)’;
‘‘(4) in paragraph (5)(A) by striking ‘(e)’ and inserting
‘(e)(2)’;
‘‘(5) in paragraph (5)(B) by striking ‘(e)’ and inserting
‘(e)(2)’;
‘‘(6) in paragraph (6) by striking ‘(e)’ each place it appears
and inserting ‘(e)(2)’; and
‘‘(7) in paragraph (7) by striking ‘(e)’ each place it appears
and inserting ‘(e)(2)’.’’.
(q) AUTHORIZATIONS.—Section 3029 of the Federal Transit Act
of 1998 is amended by adding at the end the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 5338 (as amended by
subsection (a) of this section) is amended—
‘‘(1) in subsection (c)(2)(A)(i) by striking ‘$43,200,000’ and
inserting ‘$42,200,000’;
‘‘(2) in subsection (c)(2)(A)(ii) by striking ‘$46,400,000’ and
inserting ‘$48,400,000’;
‘‘(3) in subsection (c)(2)(A)(iii) by striking ‘$51,200,000’ and
inserting ‘$50,200,000’;
‘‘(4) in subsection (c)(2)(A)(iv) by striking ‘$52,800,000’ and
inserting ‘$53,800,000’;
‘‘(5) in subsection (c)(2)(A)(v) by striking ‘$57,600,000’ and
inserting ‘$58,600,000’;
‘‘(6) in subsection (d)(2)(C)(iii) by inserting before the semi-
colon ‘, including not more than $1,000,000 shall be available
to carry out section 5315(a)(16)’;
‘‘(7) in subsection (e)—
‘‘(A) by striking ‘5317(b)’ each place it appears and
inserting ‘5505’;
‘‘(B) in paragraph (1) by striking ‘There are’ and
inserting ‘Subject to paragraph (2)(C), there are’;
‘‘(C) in paragraph (2)—
‘‘(i) in subparagraph (A) by striking ‘There shall’
and inserting ‘Subject to subparagraph (C), there shall’;
‘‘(ii) in subparagraph (B) by striking ‘In addition’
and inserting ‘Subject to subparagraph (C), in addition’;
and
H. R. 2676—175
‘‘(iii) by adding at the end the following:
‘(C) FUNDING OF CENTERS.—
‘(i) Of the amounts made available under subpara-
graph (A) and paragraph (1) for each fiscal year—
‘(I) $2,000,000 shall be available for the center
identified in section 5505( j)(4)(A); and
‘(II) $2,000,000 shall be available for the center
identified in section 5505( j)(4)(F).
‘(ii) For each of fiscal years 1998 through 2001,
of the amounts made available under this paragraph
and paragraph (1)—
‘(I) $400,000 shall be available from amounts
made available under subparagraph (A) of this
paragraph and under paragraph (1) for each of
the centers identified in subparagraphs (E) and
(F) of section 5505( j)(3); and
‘(II) $350,000 shall be available from amounts
made available under subparagraph (B) of this
paragraph and under paragraph (1) for each of
the centers identified in subparagraphs (E) and
(F) of section 5505( j)(3).
‘(iii) Any amounts made available under this para-
graph or paragraph (1) for any fiscal year that remain
after distribution under clauses (i) and (ii), shall be
available for the purposes identified in section 3015(d)
of the Federal Transit Act of 1998.’; and
‘‘(D) by adding at the end the following:
‘(3) SPECIAL RULE.—Nothing in this subsection shall be
construed to limit the transportation research conducted by
the centers funded by this section.’;
‘‘(8) in subsection (g)(2) by striking ‘(c)(2)(B),’ and all that
follows through ‘(f )(2)(B),’ and inserting ‘(c)(1), (c)(2)(B), (d)(1),
(d)(2)(B), (e)(1), (e)(2)(B), (f )(1), (f )(2)(B),’;
‘‘(9) in subsection (h) by inserting ‘under the Transportation
Discretionary Spending Guarantee for the Mass Transit Cat-
egory’ after ‘through (f )’; and
‘‘(10) in subsection (h)(5) by striking subparagraphs (A)
through (E) and inserting the following:
‘(A) for fiscal year 1999 $400,000,000;
‘(B) for fiscal year 2000 $410,000,000;
‘(C) for fiscal year 2001 $420,000,000;
‘(D) for fiscal year 2002 $430,000,000; and
‘(E) for fiscal year 2003 $430,000,000;’.’’.
(r) PROJECTS
FOR FIXED GUIDEWAY SYSTEMS.—Section 3030
of the Federal Transit Act of 1998 is amended—
(1) in subsection (a)—
(A) in paragraph (8) by inserting ‘‘North-’’ before
‘‘South’’;
(B) in paragraph (42) by striking ‘‘Maryland’’ and
inserting ‘‘Baltimore’’;
(C) in paragraph (103) by striking ‘‘busway’’ and
inserting ‘‘Boulevard transitway’’;
(D) in paragraph (106) by inserting ‘‘CTA’’ before
‘‘Douglas’’;
(E) by striking paragraph (108) and inserting the
following:
‘‘(108) Greater Albuquerque Mass Transit Project.’’; and
H. R. 2676—176
(F) by adding at the end the following:
‘‘(109) Hartford City Light Rail Connection to Central
Business District.
‘‘(110) Providence–Boston Commuter Rail.
‘‘(111) New York–St. George’s Ferry Intermodal Terminal.
‘‘(112) New York–Midtown West Ferry Terminal.
‘‘(113) Pinellas County–Mobility Initiative Project.
‘‘(114) Atlanta–MARTA Extension (S. De Kalb-Lindbergh).’’;
(2) in subsection (b)—
(A) by striking paragraph (2) and inserting the
following:
‘‘(2) Sioux City–Light Rail.’’;
(B) by striking paragraph (40) and inserting the
following:
‘‘(40) Santa Fe–El Dorado Rail Link.’’;
(C) by striking paragraph (44) and inserting the
following:
‘‘(44) Albuquerque–High Capacity Corridor.’’;
(D) by striking paragraph (53) and inserting the
following:
‘‘(53) San Jacinto–Branch Line (Riverside County).’’; and
(E) by adding at the end the following:
‘‘(69) Chicago–Northwest Rail Transit Corridor.
‘‘(70) Vermont–Burlington-Essex Commuter Rail.’’; and
(3) in subsection (c)—
(A) in paragraph (1)(A)—
(i) in the matter preceding clause (i) by inserting
‘‘(even if the project is not listed in subsection (a)
or (b))’’ before the colon;
(ii) by striking clause (ii) and inserting the
following:
‘‘(ii) San Diego Mission Valley and Mid-Coast
Corridor, $325,000,000.’’;
(iii) by striking clause (v) and inserting the
following:
‘‘(v) Hartford City Light Rail Connection to Central
Business District, $33,000,000.’’;
(iv) by striking clause (xxiii) and inserting the
following:
‘‘(xxiii) 
Kansas 
City—I–35 
Commuter 
Rail,
$30,000,000.’’;
(v) in clause (xxxii) by striking ‘‘Whitehall Ferry
Terminal’’ and inserting ‘‘Staten Island Ferry-White-
hall Intermodal Terminal’’;
(vi) by striking clause (xxxv) and inserting the
following:
‘‘(xxxv) New York–Midtown West Ferry Terminal,
$16,300,000.’’;
(vii) in clause (xxxix) by striking ‘‘Allegheny
County’’ and inserting ‘‘Pittsburgh’’;
(viii) by striking clause (xvi) and inserting the
following:
‘‘(xvi) 
Northeast 
Indianapolis 
Corridor,
$10,000,000.’’;
(ix) by striking clause (xxix) and inserting the
following: