`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5248 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 5248

_______________________________________________________________________

                                 AN ACT


 
   To require States to consider adopting mandatory, comprehensive, 
  Statewide one-call notification systems to protect natural gas and 
 hazardous liquid pipelines and all other underground facilities from 
       being damaged by any excavations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                           TITLE I--ONE-CALL

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Comprehensive One-Call 
Notification Act of 1994''.

SEC. 102. DEFINITIONS.

    For purposes of this title, the following definitions apply:
            (1) Damage.--The term ``damage'' means any impact or 
        contact with an underground facility, its appurtenances, or its 
        protective coating, or weakening of the support for the 
        facility or protective housing, which requires repair.
            (2) Excavation.--The term ``excavation'' means any 
        operation in which earth, rock, or other material in the ground 
        is moved, removed, or otherwise displaced by means of any 
        mechanized tools or equipment, or any explosive, but shall not 
        include--
                    (A) any generally accepted normal agricultural 
                practices and activities taken in support thereof, as 
                determined by each State, including tilling of the soil 
                for agricultural purposes to a depth of 18 inches or 
                less;
                    (B) generally accepted normal lawn and garden 
                activities, as determined by each State;
                    (C) the excavation of a gravesite in a cemetery; 
                and
                    (D) routine railroad maintenance as long as such 
                maintenance would disturb the ground to a depth of no 
                more than 18 inches as measured from the surface of the 
                ground and the railroad has rules requiring underground 
                facilities other than its own to be buried 3 feet or 
                lower on its property or along its right-of-way.
        When a facility operator believes that its underground facility 
        is not buried 3 feet or lower on railroad property or right-of-
        way, the facility operator may request permission to enter the 
        railroad property or right-of-way for the purpose of assessing 
        the depth of such underground facility and report its finding 
        to the railroad.
            (3) Excavator.--The term ``excavator'' means a person who 
        conducts excavation.
            (4) Facility operator.--The term ``facility operator'' 
        means any person who operates an underground facility.
            (5) Hazardous liquid.--The term ``hazardous liquid'' has 
        the meaning given such term in section 60101(a)(4) of title 49, 
        United States Code.
            (6) Natural gas.--The term ``natural gas'' has the meaning 
        given the term ``gas'' in section 60101(a)(2) of title 49, 
        United States Code.
            (7) Person.--The term ``person'' includes any agency of 
        Federal, State, or local government.
            (8) Routine railroad maintenance.--The term ``routine 
        railroad maintenance'' includes such activities as ballast 
        cleaning, general ballast work, track lining and surfacing, 
        signal maintenance, and the replacement of crossties.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) State.--The term ``State'' has the meaning given such 
        term in section 60101(a)(20) of title 49, United States Code.
            (11) State program.--The term ``State program'' means the 
        program of a State to establish or maintain a one-call 
        notification system.
            (12) Underground facility.--The term ``underground 
        facility'' means any underground line, system, or structure 
        used for gathering, storing, transmitting, or distributing oil, 
        petroleum products, other hazardous liquids, natural gas, 
        communication, electricity, water, steam, sewerage, or any 
        other commodities the Secretary determines should be included 
        under the requirements of this title, but such term does not 
        include a portion of a line, system, or structure if the person 
        who owns or leases, or holds an oil or gas mineral leasehold 
        interest in, the real property in which such portion is located 
        also operates, or has authorized the operation of, the line, 
        system, or structure only for the purpose of furnishing 
        services or materials to such person, except to the extent that 
        such portion contains predominantly natural gas or hazardous 
        liquids and--
                    (A) is located within an easement for a public road 
                (as defined under section 101(a) of title 23, United 
                States Code), or a toll highway, bridge, or tunnel (as 
                described in section 129(a)(2) of such title); or
                    (B) is located on a mineral lease and is within the 
                boundaries of a city, town, or village.

SEC. 103. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall, in consultation with the Federal Communications 
Commission, facility operators, excavators, and one-call notification 
system operators, provide for the establishment of a nationwide toll-
free telephone number system to be used by State one-call notification 
systems.

SEC. 104. STATE PROGRAMS.

    (a) Consideration.--Each State shall consider whether to adopt a 
comprehensive statewide one-call notification program with each element 
described in section 105, to protect all underground facilities from 
damage due to any excavation. Such State program may be provided for 
through the establishment of a new program, or through modification or 
improvement of an existing program, and may be implemented by a 
nongovernmental organization.
    (b) Procedures.--State consideration under subsection (a) shall be 
undertaken after public notice and hearing, and shall be completed 
within 3 years after the date of enactment of this Act. Such 
consideration may be undertaken as part of any proceeding of a State 
with respect to the safety of pipelines or other underground 
facilities.
    (c) Compliance.--If a State fails to comply with the requirements 
of subsection (a), the Secretary or any person aggrieved by such 
failure may in a civil action obtain appropriate relief against any 
appropriate officer or entity of the State, including the State itself, 
to compel such compliance.
    (d) Appropriateness.--Nothing in this title prohibits a State from 
making a determination that it is not appropriate to adopt a State 
program described in section 105, pursuant to its authority under 
otherwise applicable State law.

SEC. 105. ELEMENTS OF STATE PROGRAM.

    (a) In General.--Each State's consideration under section 104(a) 
shall include consideration of program elements that--
            (1) provide for a one-call notification system or systems 
        which shall--
                    (A) apply to all excavators and to all facility 
                operators;
                    (B) operate in all areas of the State and not 
                duplicate the geographical coverage of other one-call 
                notification systems;
                    (C) receive and record appropriate information from 
                excavators about intended excavations;
                    (D) inform facility operators of any intended 
                excavations that may be in the vicinity of their 
                underground facilities; and
                    (E) inform excavators of the identity of facility 
                operators who will be notified of the intended 
                excavation;
            (2) provide for 24-hour coverage for emergency excavation, 
        with the manner and scope of coverage determined by the State;
            (3) employ mechanisms to ensure that the general public, 
        and in particular all excavators, are aware of the one-call 
        telephone number and the requirements, penalties, and benefits 
        of the State program relating to excavations;
            (4) inform excavators of any procedures that the State has 
        determined must be followed when excavating;
            (5) require that any excavator must contact the one-call 
        notification system in accordance with State specifications, 
        which may vary depending on whether the excavation is short 
        term, long term, routine, continuous, or emergency;
            (6) require facility operators to provide for locating and 
        marking or otherwise identifying their facilities at an 
        excavation site, in accordance with State specifications, which 
        may vary depending on whether the excavation is short term, 
        long term, routine, continuous, or emergency;
            (7) provide effective mechanisms for penalties and 
        enforcement as described in section 106;
            (8) provide for a fair and appropriate schedule of fees to 
        cover the costs of providing for, maintaining, and operating 
        the State program;
            (9) provide an opportunity for citizen suits to enforce the 
        State program; and
            (10) require railroads to report any accidents that occur 
        during or as a result of routine railroad maintenance to the 
        Secretary and the appropriate local officials.
    (b) Exception.--Where excavation is undertaken by or for a person, 
on real property owned or leased, or in which an oil or gas mineral 
leasehold interest is held, by that person, and the same person 
operates all underground facilities located at the site of the 
excavation, a State program may elect not to require that such person 
contact the one-call notification system before excavating.

SEC. 106. PENALTIES AND ENFORCEMENT.

    (a) General Penalties.--Each State's consideration under section 
104(a) shall include consideration of a requirement that any excavator 
or facility operator who violates the requirements of the State program 
shall be liable for an appropriate administrative or civil penalty.
    (b) Increased Penalties.--If a violation results in damage to an 
underground facility resulting in death, serious bodily harm, or actual 
damage to property exceeding $50,000, or damage to a hazardous liquid 
underground facility resulting in the release of more than 50 barrels 
of product, the penalties shall be increased, and an additional penalty 
of imprisonment may be assessed for a knowing and willful violation.
    (c) Decreased Penalties.--Each State's consideration under section 
104(a) shall include consideration of reduced penalties for a 
violation, that results in or could result in damage, that is promptly 
reported by the violator.
    (d) Equitable Relief and Mandamus Actions.--Each State's 
consideration under section 104(a) shall include consideration of 
provisions for appropriate equitable relief and mandamus actions.
    (e) Immediate Citation of Violations.--Each State's consideration 
under section 104(a) shall include consideration of procedures for 
issuing a citation of violation at the site and time of the violation.

SEC. 107. GRANTS TO STATES.

    (a) Authority.--Using $4,000,000 of the amounts previously 
collected under section 7005 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (previously codified as 49 U.S.C. App. 
1682a) or section 60301 of title 49, United States Code, for each of 
the fiscal years 1996, 1997, and 1998, to the extent provided in 
advance in appropriations Acts, the Secretary shall make grants to 
States, or to operators of one-call notification systems in such 
States, which have elected to adopt a State program described in 
section 105, or to establish and maintain a State program pursuant to 
subsection (b) of this section. Such grants may be used in establishing 
one-call notification systems, modifying existing systems to conform to 
standards established under this title, and improving systems to exceed 
such standards. Such grants may be used to--
            (1) improve communications systems linking one-call 
        notification systems;
            (2) improve location capabilities, including training 
        personnel and developing and using location technology;
            (3) improve record retention and recording capabilities;
            (4) enhance public information and education campaigns;
            (5) increase and improve enforcement mechanisms, including 
        administrative processing of violations; and
            (6) otherwise further the purposes of this title.
    (b) Alternate Form of State Program.--The Secretary may make a 
grant under subsection (a) to a State that establishes or maintains a 
State program that differs from a State program described in section 
105 if such State program is at least as protective of the public 
health and safety and the environment as a State program described in 
section 105.

SEC. 108. DEPARTMENT OF TRANSPORTATION.

    (a) Coordination With Other Responsibilities.--
            (1) Coordination.--The Secretary shall coordinate the 
        implementation of this title with the implementation of chapter 
        601 of title 49, United States Code.
            (2) Review of programs.--Within 18 months after the date of 
        enactment of this Act, the Secretary shall review, and report 
        to Congress on, the extent to which any policies, programs, and 
        procedures of the Department of Transportation could be used to 
        achieve the purposes of this title.
    (b) Model Program.--
            (1) Development.--Within 1 year after the date of enactment 
        of this Act, the Secretary, in consultation with facility 
        operators, excavators, one-call notification system operators, 
        and State and local governments, shall develop and make 
        available to States a model State program, including a model 
        enforcement program. Such model program may be amended by the 
        Secretary on the Secretary's initiative or in response to 
        reports submitted by the States pursuant to section 109, or as 
        a result of workshops conducted under paragraph (3) of this 
        subsection.
            (2) Suggested elements.--The model program developed under 
        paragraph (1) shall include all elements of a State program 
        described in section 105. The Secretary shall consider 
        incorporating the following elements into the model program:
                    (A) The one-call notification system or systems 
                shall--
                            (i) receive and record appropriate 
                        information from excavators about intended 
                        excavations, including--
                                    (I) the name of the person 
                                contacting the one-call notification 
                                system;
                                    (II) the name, address, and 
                                telephone number of the excavator;
                                    (III) the specific location of the 
                                intended excavation, along with the 
                                starting date thereof and a description 
                                of the intended excavation activity; 
                                and
                                    (IV) the name, address, and 
                                telephone number of the person for whom 
                                the work is being performed; and
                            (ii) maintain records on each notice of 
                        intent to excavate for the period of time 
                        necessary to ensure that such records remain 
                        available for use in the adjudication of any 
                        claims relating to the excavation.
                    (B) The provision of information on excavation 
                requirements at the time of issuance of excavation or 
                building permits, or other specific mechanisms for 
                ensuring excavator awareness.
                    (C) A requirement that any excavator must contact 
                the one-call notification system at least 2 business 
                days, and not more than 10 business days, before 
                excavation begins.
                    (D) Alternative notification procedures for 
                excavation activities conducted as a normal part of 
                ongoing operations within specific geographic locations 
                over an extended period of time.
                    (E) A requirement that facility operators--
                            (i) provide for locating and marking, in 
                        accordance with the American Public Works 
                        Association Uniform Color Code for Utilities, 
                        or otherwise identifying, in accordance with 
                        standards established by the State or the 
                        American National Standards Institute, their 
                        underground facilities at the site of an 
                        intended excavation within no more than 2 
                        business days after notification of such 
                        intended excavation; and
                            (ii) monitor such excavation as 
                        appropriate.
                    (F) Provision for notification of excavators if no 
                underground facilities are located at the excavation 
                site.
                    (G) Provision for the approval of a State program 
                under this title with time limitations longer than 
                those required under subparagraphs (C) and (E) of this 
                paragraph where special circumstances, such as severe 
                weather conditions or remoteness of location, pertain.
                    (H) Procedures for excavators and facility 
                operators to follow when the location of underground 
                facilities is unknown.
                    (I) Procedures to improve underground facility 
                location capabilities, including compiling and 
                notifying excavators, facility operators, and one-call 
                centers of any information about previously unknown 
                underground facility locations when such information is 
                discovered.
                    (J) Alternative rules for timely compliance with 
                State program requirements in emergency circumstances.
                    (K) If a State has procedures for licensing or 
                permitting entities to do business, procedures for the 
                revocation of the license or permit to do business of 
                any excavator determined to be a habitual violator of 
                the requirements of the State program.
            (3) Workshops.--Within 6 months after the date of enactment 
        of this Act, and annually thereafter, the Secretary shall 
        conduct workshops with facility operators, excavators, one-call 
        notification system operators, and State and local governments 
        in order to develop, amend, and promote the model program, and 
        to provide an opportunity to share information among such 
        parties and to recognize State programs that exemplify the 
        goals of this title.
    (c) Public Education.--The Secretary shall develop, in conjunction 
with facility operators, excavators, one-call notification system 
operators, and State and local governments, public service 
announcements and other educational materials and programs to be 
broadcast or published to educate the public about one-call 
notification systems, including the national phone number.

SEC. 109. STATE REPORTS.

    (a) Requirement.--
            (1) Initial report.--Within 3 years after the date of 
        enactment of this Act, each State shall submit to the Secretary 
        a report on progress made in implementing this title.
            (2) Status reports.--Within 4\1/2\ years after the date of 
        enactment of this Act, and annually thereafter, each State 
        shall report to the Secretary on the status of its State 
        program, if any, and its requirements, and any other 
        information the Secretary requires.
    (b) Simplified Reporting Form.--Within 3 years after the date of 
enactment of this Act, the Secretary shall develop and distribute to 
the States a simplified form for complying with the reporting 
requirements of subsection (a)(2).

SEC. 110. FEDERAL REPORT.

    The Secretary shall report annually to Congress on the number and 
circumstances surrounding accidents caused by routine railroad 
maintenance.

SEC. 111. MORE PROTECTIVE SYSTEMS.

    Nothing in this title prohibits a State from implementing a one-
call notification system that provides greater protection for 
underground facilities from damage due to excavation than a system 
established pursuant to this title.

SEC. 112. USE OF TECHNOLOGIES FOR REMOTE AND ABOVE-GROUND PIPELINE 
              LOCATION.

    The Secretary shall consult with other agencies as to the 
availability and affordability of technologies which will help relocate 
pipelines from above-ground and remote locations.

SEC. 113. VISION WAIVER STUDY PROGRAM.

    In order to further substantiate research carried out by the 
Secretary in fiscal year 1992 under the vision waiver study program, 
the Secretary shall carry out a follow-up study to such program to 
include drivers who otherwise would have qualified to participate in 
the initial vision waiver study but for the time limits on applications 
and the failure to learn of the program in a timely manner. Any study 
issued under this section shall comply with the requirements of section 
31136(e) of title 49, United States Code, and applicable case law.

SEC. 114. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It is the 
sense of Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
title should be American-made.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this title, the Administrator of the Research and 
Special Programs Administration of the Department of Transportation, to 
the greatest extent practicable, shall provide to each recipient of the 
assistance a notice describing the statement made in subsection (a).

                  TITLE II--HIGH RISK DRIVERS PROGRAM

           Subtitle A--High-Risk and Alcohol-Impaired Drivers

SEC. 211. FINDINGS.

    The Congress makes the following findings:
            (1) The Nation's traffic fatality rate has declined from 
        5.5 deaths per 100 million vehicle miles traveled in 1966 to an 
        historic low of an estimated 1.8 deaths per 100 million vehicle 
        miles traveled during 1992. In order to further this desired 
        trend, the safety programs and policies implemented by the 
        Department of Transportation must be continued, and at the same 
        time, the focus of these efforts as they pertain to high risk 
        drivers of all ages must be strengthened.
            (2) Motor vehicle crashes are the leading cause of death 
        among teenagers, and teenage drivers tend to be at fault for 
        their fatal crashes more often than older drivers. Drivers who 
        are 16 to 20 years old comprised 7.4 percent of the United 
        States population in 1991 but were involved in 15.4 percent of 
        fatal motor vehicle crashes. Also, on the basis of crashes per 
        100,000 licensed drivers, young drivers are the highest risk 
        group of drivers.
            (3) During 1991, 6,630 teenagers from age 15 through 20 
        died in motor vehicle crashes. This tragic loss demands that 
        the Federal Government intensify its efforts to promote highway 
        safety among members of this high risk group.
            (4) The consumption of alcohol, speeding over allowable 
        limits or too fast for road conditions, inadequate use of 
        occupant restraints, and other high risk behaviors are several 
        of the key causes for this tragic loss of young drivers and 
        passengers. The Department of Transportation, working 
        cooperatively with the States, student groups, and other 
        organizations, must reinvigorate its current programs and 
        policies to address more effectively these pressing problems of 
        teenage drivers.
            (5) In 1991 individuals aged 70 years and older, who are 
        particularly susceptible to injury, were involved in 12 percent 
        of all motor vehicle traffic crash fatalities. These deaths 
        accounted for 4,828 fatalities out of 41,462 total traffic 
        fatalities.
            (6) The number of older Americans who drive is expected to 
        increase dramatically during the next 30 years. Unfortunately, 
        during the last 15 years, the Department of Transportation has 
        supported an extremely limited program concerning older 
        drivers. Research on older driver behavior and licensing has 
        suffered from intermittent funding at amounts that were 
        insufficient to address the scope and nature of the challenges 
        ahead.
            (7) A major objective of United States transportation 
        policy must be to promote the mobility of older Americans while 
        at the same time ensuring public safety on our Nation's 
        highways. In order to accomplish these two objectives 
        simultaneously, the Department of Transportation must support a 
        vigorous and sustained program of research, technical 
        assistance, evaluation, and other appropriate activities that 
        are designed to reduce the fatality and crash rate of older 
        drivers who have identifiable risk characteristics.

SEC. 212. DEFINITIONS.

    For purposes of this subtitle--
            (1) The term ``high risk driver'' means a motor vehicle 
        driver who belongs to a class of drivers that, based on vehicle 
        crash rates, fatality rates, traffic safety violation rates, 
        and other factors specified by the Secretary, presents a risk 
        of injury to the driver and other individuals that is higher 
        than the risk presented by the average driver.
            (2) The term ``Secretary'' means the Secretary of 
        Transportation.

SEC. 213. POLICY AND PROGRAM DIRECTION.

    (a) General Responsibility of Secretary.--The Secretary shall 
develop and implement effective and comprehensive policies and programs 
to promote safe driving behavior by young drivers, older drivers, and 
repeat violators of traffic safety regulations and laws.
    (b) Safety Promotion Activities.--The Secretary shall promote or 
engage in activities that seek to ensure that--
            (1) cost effective and scientifically-based guidelines and 
        technologies for the nondiscriminatory evaluation and licensing 
        of high risk drivers are advanced;
            (2) model driver training, screening, licensing, control, 
        and evaluation programs are improved;
            (3) uniform or compatible State driver point systems and 
        other licensing and driver record information systems are 
        advanced as a means of identifying and initially evaluating 
        high risk drivers; and
            (4) driver training programs and the delivery of such 
        programs are advanced.
    (c) Driver Training Research.--The Secretary shall explore the 
feasibility and advisability of using cost efficient simulation and 
other technologies as a means of enhancing driver training; shall 
advance knowledge regarding the perceptual, cognitive, and decision 
making skills needed for safe driving and to improve driver training; 
and shall investigate the most effective means of integrating 
licensing, training, and other techniques for preparing novice drivers 
for the safe use of highway systems.

                   Subtitle B--Young Driver Programs

SEC. 221. STATE GRANTS FOR YOUNG DRIVER PROGRAMS.

    (a) Establishment of Grant Program.--Chapter 4 of title 23, United 
States Code, is amended by adding at the end the following new section:

``Sec. 411. Programs for young drivers

    ``(a) General Authority.--Subject to the provisions of this 
section, the Secretary shall make basic and supplemental grants to 
those States which adopt and implement programs for young drivers which 
include measures, described in this section, to reduce traffic safety 
problems resulting from the driving performance of young drivers. Such 
grants may only be used by recipient States to implement and enforce 
such measures.
    ``(b) Maintenance of Effort.--No grant may be made to a State under 
this section in any fiscal year unless such State enters into such 
agreements with the Secretary as the Secretary may require to ensure 
that such State will maintain its aggregate estimated expenditures from 
all other sources for programs for young drivers at or above the 
average level of such expenditures in its 2 fiscal years preceding the 
fiscal year in which the High Risk Drivers Act of 1994 is enacted.
    ``(c) Federal Share.--No State may receive grants under this 
section in more than 5 fiscal years. The Federal share payable for any 
grant under this section shall not exceed--
            ``(1) in the first fiscal year a State receives a grant 
        under this section, 75 percent of the cost of implementing and 
        enforcing in such fiscal year the young driver program adopted 
        by the State pursuant to subsection (a);
            ``(2) in the second fiscal year the State receives a grant 
        under this section, 50 percent of the cost of implementing and 
        enforcing in such fiscal year such program; and
            ``(3) in the third, fourth, and fifth fiscal years the 
        State receives a grant under this section, 25 percent of the 
        cost of implementing and enforcing in such fiscal year such 
        program.
    ``(d) Maximum Amount of Basic Grants.--Subject to subsection (c), 
the amount of a basic grant made under this section for any fiscal year 
to any State which is eligible for such a grant under subsection (e) 
shall equal 30 percent of the amount apportioned to such State for 
fiscal year 1989 under section 402 of this title. A grant to a State 
under this section shall be in addition to the State's apportionment 
under section 402, and basic grants during any fiscal year may be 
proportionately reduced to accommodate an applicable statutory 
obligation limitation for that fiscal year.
    ``(e) Eligibility for Basic Grants.--
            ``(1) General.--For purposes of this section, a State is 
        eligible for a basic grant if such State--
                    ``(A) establishes and maintains a graduated 
                licensing program for drivers under 18 years of age 
                that meets the requirements of paragraph (2); and
                    ``(B)(i) in the first year of receiving grants 
                under this section, meets 3 of the 7 criteria specified 
                in paragraph (3);
                    ``(ii) in the second year of receiving such grants, 
                meets 4 of such criteria;
                    ``(iii) in the third year of receiving such grants, 
                meets 5 of such criteria;
                    ``(iv) in the fourth year of receiving such grants, 
                meets 6 of such criteria; and
                    ``(v) in the fifth year of receiving such grants, 
                meets 6 of such criteria.
        For purposes of subparagraph (B), a State shall be treated as 
        having met one of the requirements of paragraph (3) for any 
        year if the State demonstrates to the satisfaction of the 
        Secretary that, for the 3 preceding years, the alcohol fatal 
        crash involvement rate for individuals under the age of 21 has 
        declined in that State and the alcohol fatal crash involvement 
        rate for such individuals has been lower in that State than the 
        average such rate for all States.
            ``(2) Graduated Licensing Program.--
                    ``(A) A State receiving a grant under this section 
                shall establish and maintain a graduated licensing 
                program consisting of the following licensing stages 
                for any driver under 18 years of age:
                            ``(i) An instructional license, valid for a 
                        minimum period determined by the Secretary, 
                        under which the licensee shall not operate a 
                        motor vehicle unless accompanied in the front 
                        passenger seat by the holder of a full driver's 
                        license.
                            ``(ii) A provisional driver's license which 
                        shall not be issued unless the driver has 
                        passed a written examination on traffic safety 
                        and has passed a roadtest administered by the 
                        driver licensing agency of the State.
                            ``(iii) A full driver's license which shall 
                        not be issued until the driver has held a 
                        provisional license for at least 1 year with a 
                        clean driving record.
                    ``(B) For purposes of subparagraph (A)(iii), 
                subsection (f)(1), and subsection (f)(6)(B), a 
                provisional licensee has a clean driving record if the 
                licensee--
                            ``(i) has not been found, by civil or 
                        criminal process, to have committed a moving 
                        traffic violation during the applicable period;
                            ``(ii) has not been assessed points against 
                        the license because of safety violations during 
                        such period; and
                            ``(iii) has satisfied such other 
                        requirements as the Secretary may prescribe by 
                        regulation.
                    ``(C) The Secretary shall determine the conditions 
                under which a State shall suspend provisional driver's 
                licenses in order to be eligible for a basic grant. At 
                a minimum, the holder of a provisional license shall be 
                subject to driver control actions that are stricter 
                than those applicable to the holder of a full driver's 
                license, including warning letters and suspension at a 
                lower point threshold.
                    ``(D) For a State's first 2 years of receiving a 
                grant under this section, the Secretary may waive the 
                clean driving record requirement of subparagraph 
                (A)(iii) if the State submits satisfactory evidence of 
                its efforts to establish such a requirement.
            ``(3) Criteria for Basic Grant.--The 7 criteria referred to 
        in paragraph (1)(B) are as follows:
                    ``(A) The State requires that any driver under 21 
                years of age with a blood alcohol concentration of 0.02 
                percent or greater when driving a motor vehicle shall 
                be deemed to be driving while intoxicated for the 
                purpose of (i) administrative or judicial sanctions or 
                (ii) a law or regulation that prohibits any individual 
                under 21 years of age with a blood alcohol 
                concentration of 0.02 percent or greater from driving a 
                motor vehicle.
                    ``(B) The State has a law or regulation that 
                provides a mandatory minimum penalty of at least $500 
                for anyone who in violation of State law or regulation 
                knowingly, or without checking for proper 
                identification, provides or sells alcohol to any 
                individual under 21 years of age.
                    ``(C) The State requires that the license of a 
                driver under 21 years of age be suspended for a period 
                specified by the State if such driver is convicted of 
                the unlawful purchase or public possession of alcohol. 
                The period of suspension shall be at least 6 months for 
                a first conviction and at least 12 months for a 
                subsequent conviction; except that specific license 
                restrictions may be imposed as an alternative to such 
                minimum periods of suspension where necessary to avoid 
                undue hardship on any individual.
                    ``(D) The State conducts youth-oriented traffic 
                safety enforcement activities, and education and 
                training programs--
                            ``(i) with the participation of judges and 
                        prosecutors, that are designed to ensure 
                        enforcement of traffic safety laws and 
                        regulations, including those that prohibit 
                        drivers under 21 years of age from driving 
                        while intoxicated, restrict the unauthorized 
                        use of a motor vehicle, and establish other 
                        moving violations; and
                            ``(ii) with the participation of student 
                        and youth groups, that are designed to ensure 
                        compliance with such traffic safety laws and 
                        regulations.
                    ``(E) The State prohibits the possession of any 
                open alcoholic beverage container, or the consumption 
                of any alcoholic beverage, in the passenger area of any 
                motor vehicle located on a public highway or the right-
                of-way of a public highway; except as allowed in the 
                passenger area, by persons (other than the driver), of 
                a motor vehicle designed to transport more than 10 
                passengers (including the driver) while being used to 
                provide charter transportation of passengers.
                    ``(F) The State provides, to a parent or legal 
                guardian of any provisional licensee, general 
                information prepared with the assistance of the 
                insurance industry on the effect of traffic safety 
                convictions and at-fault accidents on insurance rates 
                for young drivers.
                    ``(G) The State requires that a provisional 
                driver's license may be issued only to a driver who has 
                satisfactorily completed a State-accepted driver 
                education and training program that meets Department of 
                Transportation guidelines and includes information on 
                the interaction of alcohol and controlled substances 
                and the effect of such interaction on driver 
                performance, and information on the importance of 
                motorcycle helmet use and safety belt use.
    ``(f) Supplemental Grant Program.--
            ``(1) Extended application of provisional license 
        requirement.--For purposes of this section, a State is eligible 
        for a supplemental grant for a fiscal year in an amount, 
        subject to subsection (c), not to exceed 10 percent of the 
        amount apportioned to such State for fiscal year 1989 under 
        section 402 of this title if such State is eligible for a basic 
        grant and in addition such State requires that a driver under 
        21 years of age shall not be issued a full driver's license 
        until the driver has held a provisional license for at least 1 
        year with a clean driving record as described in subsection 
        (e)(2)(B).
            ``(2) Remedial driver education.--For purposes of this 
        section, a State is eligible for a supplemental grant for a 
        fiscal year in an amount, subject to subsection (c), not to 
        exceed 5 percent of the amount apportioned to such State for 
        fiscal year 1989 under section 402 of this title if such State 
        is eligible for a basic grant and in addition such State 
        requires, at a lower point threshold than for other drivers, 
        remedial driver improvement instruction for drivers under 21 
        years of age and requires such remedial instruction for any 
        driver under 21 years of age who is convicted of reckless 
        driving, excessive speeding, driving under the influence of 
        alcohol, or driving while intoxicated.
            ``(3) Record of serious convictions; habitual or repeat 
        offender sanctions.--For purposes of this section, a State is 
        eligible for a supplemental grant for a fiscal year in an 
        amount, subject to subsection (c), not to exceed 5 percent of 
        the amount apportioned to such State for fiscal year 1989 under 
        section 402 of this title if such State is eligible for a basic 
        grant and in addition such State--
                    ``(A) requires that a notation of any serious 
                traffic safety conviction of a driver be maintained on 
                the driver's permanent traffic record for at least 10 
                years after the date of the conviction; and
                    ``(B) provides additional sanctions for any driver 
                who, following conviction of a serious traffic safety 
                violation, is convicted during the next 10 years of one 
                or more subsequent serious traffic safety violations.
            ``(4) Interstate Driver License Compact.--The State is a 
        member of and substantially complies with the interstate 
        agreement known as the Driver License Compact, promptly and 
        reliably transmits and receives through electronic means 
        interstate driver record information (including information on 
        commercial drivers) in cooperation with the Secretary and other 
        States, and develops and achieves demonstrable annual progress 
        in implementing a plan to ensure that (i) each court of the 
        State report expeditiously to the State driver licensing agency 
        all traffic safety convictions, license suspensions, license 
        revocations, or other license restrictions, and driver 
        improvement efforts sanctioned or ordered by the court, and 
        that (ii) such records be available electronically to 
        appropriate government officials (including enforcement, 
        officers, judges, and prosecutors) upon request at all times.
                    ``(5) The State has a law or regulation that 
                provides a minimum penalty of at least $100 for anyone 
                who in violation of State law or regulation drives any 
                vehicle through, around, or under any crossing, gate, 
                or barrier at a railroad crossing while such gate or 
                barrier is closed or being opened or closed.
            ``(6) Vehicle Seizure Program.--The State has a law or 
        regulation that--
                    ``(A) mandates seizure by the State or any 
                political subdivision thereof of any vehicle driven by 
                an individual in violation of an alcohol-related 
                traffic safety law, if such violator has been convicted 
                on more than one occasion of an alcohol-related traffic 
                offense within any 5-year period beginning after the 
                date of enactment of this section, or has been 
                convicted of driving while his or her driver's license 
                is suspended or revoked by reason of a conviction for 
                such an offense;
                    ``(B) mandates that the vehicle be forfeited to the 
                State or a political subdivision thereof if the vehicle 
                was solely owned by such violator at the time of the 
                violation;
                    ``(C) requires that the vehicle be returned to the 
                owner if the vehicle was a stolen vehicle at the time 
                of the violation; and
                    ``(D) authorizes the vehicle to be released to a 
                member of such violator's family, the co-owner, or the 
                owner, if the vehicle was not a stolen vehicle and was 
                not solely owned by such violator at the time of the 
                violation, and if the family member, co-owner, or 
                owner, prior to such release, executes a binding 
                agreement that the family member, co-owner, or owner 
                will not permit such violator to drive the vehicle and 
                that the vehicle shall be forfeited to the State or a 
                political subdivision thereof in the event such 
                violator drives the vehicle with the permission of the 
                family member, co-owner, or owner.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $9,000,000 for the fiscal year 
ending September 30, 1996, $12,000,000 for the fiscal year ending 
September 30, 1997, $14,000,000 for the fiscal year ending September 
30, 1998, $16,000,000 for the fiscal year ending September 30, 1999, 
and $18,000,000 for the fiscal year ending September 30, 2000.''.
    (b) Conforming Amendment.--The analysis of chapter 4 of title 23, 
United States Code, is amended by inserting immediately after the item 
relating to section 410 the following new item:

``411. Programs for young drivers.''.
    (c) Deadlines for Issuance of Regulations.--The Secretary shall 
issue and publish in the Federal Register proposed regulations to 
implement section 411 of title 23, United States Code (as added by this 
section), not later than 6 months after the date of enactment of this 
Act. The final regulations for such implementation shall be issued, 
published in the Federal Register, and transmitted to Congress not 
later than 12 months after such date of enactment.

SEC. 222. PROGRAM EVALUATION.

    (a) Evaluation by Secretary.--The Secretary shall, under section 
403 of title 23, United States Code, conduct an evaluation of the 
effectiveness of State provisional driver's licensing programs and the 
grant program authorized by section 411 of title 23, United States Code 
(as added by section 101 of this Act).
    (b) Report to Congress.--By January 1, 1997, the Secretary shall 
transmit a report on the results of the evaluation conducted under 
subsection (a) and any related research to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives. The report 
shall include any related recommendations by the Secretary for 
legislative changes.

                   Subtitle C--Older Driver Programs

SEC. 231. OLDER DRIVER SAFETY RESEARCH.

    (a) Research on Predictability of High Risk Driving.--
            (1) The Secretary shall conduct a program that funds, 
        within budgetary limitations, the research challenges presented 
        in the Transportation Research Board's report entitled 
        ``Research and Development Needs for Maintaining the Safety and 
        Mobility of Older Drivers'' and the research challenges 
        pertaining to older drivers presented in a report to Congress 
        by the National Highway Traffic Safety Administration entitled 
        ``Addressing the Safety Issues Related to Younger and Older 
        Drivers''.
            (2) To the extent technically feasible, the Secretary shall 
        consider the feasibility and further the development of cost 
        efficient, reliable tests capable of predicting increased risk 
        of accident involvement or hazardous driving by older high risk 
        drivers.
    (b) Specialized Training for License Examiners.--The Secretary 
shall encourage and conduct research and demonstration activities to 
support the specialized training of license examiners or other 
certified examiners to increase their knowledge and sensitivity to the 
transportation needs and physical limitations of older drivers, 
including knowledge of functional disabilities related to driving, and 
to be cognizant of possible countermeasures to deal with the challenges 
to safe driving that may be associated with increasing age.
    (c) Counseling Procedures and Consultation Methods.--The Secretary 
shall encourage and conduct research and disseminate information to 
support and encourage the development of appropriate counseling 
procedures and consultation methods with relatives, physicians, the 
traffic safety enforcement and the motor vehicle licensing communities, 
and other concerned parties. Such procedures and methods shall include 
the promotion of voluntary action by older high risk drivers to 
restrict or limit their driving when medical or other conditions 
indicate such action is advisable. The Secretary shall consult 
extensively with the American Association of Retired Persons, the 
American Association of Motor Vehicle Administrators, the American 
Occupational Therapy Association, the American Automobile Association, 
the Department of Health and Human Services, the American Public Health 
Association, and other interested parties in developing educational 
materials on the interrelationship of the aging process, driver safety, 
and the driver licensing process.
    (d) Alternative Transportation Means.--The Secretary shall ensure 
that the agencies of the Department of Transportation overseeing the 
various modes of surface transportation coordinate their policies and 
programs to ensure that funds authorized under the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 
1914) and implementing Department of Transportation and Related 
Agencies Appropriation Acts take into account the transportation needs 
of older Americans by promoting alternative transportation means 
whenever practical and feasible.
    (e) State Licensing Practices.--The Secretary shall encourage State 
licensing agencies to use restricted licenses instead of canceling a 
license whenever such action is appropriate and if the interests of 
public safety would be served, and to closely monitor the driving 
performance of older drivers with such licenses. The Secretary shall 
encourage States to provide educational materials of benefit to older 
drivers and concerned family members and physicians. The Secretary 
shall promote licensing and relicensing programs in which the applicant 
appears in person and shall promote the development and use of cost 
effective screening processes and testing of physiological, cognitive, 
and perception factors as appropriate and necessary. Not less than one 
model State program shall be evaluated in light of this subsection 
during each of the fiscal years 1996 through 1998. Of the sums 
authorized under subsection (i), $250,000 is authorized for each such 
fiscal year for such evaluation.
    (f) Improvement of Medical Screening.--The Secretary shall conduct 
research and other activities designed to support and encourage the 
States to establish and maintain medical review or advisory groups to 
work with State licensing agencies to improve and provide current 
information on the screening and licensing of older drivers. The 
Secretary shall encourage the participation of the public in these 
groups to ensure fairness and concern for the safety and mobility needs 
of older drivers.
    (g) Intelligent Vehicle-highway Systems.--In implementing the 
Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), 
the Secretary shall ensure that the National Intelligent Vehicle-
Highway Systems Program devotes sufficient attention to the use of 
intelligent vehicle-highway systems to aid older drivers in safely 
performing driver functions. Federally-sponsored research, development, 
and operational testing shall ensure the advancement of night vision 
improvement systems, technology to reduce the involvement of older 
drivers in accidents occurring at intersections, and other technologies 
of particular benefit to older drivers.
    (h) Technical Evaluations Under Intermodal Surface Transportation 
Efficiency Act.--In conducting the technical evaluations required under 
section 6055 of the Intermodal Surface Transportation Efficiency Act of 
1991 (Public Law 102-240; 105 Stat. 2192), the Secretary shall ensure 
that the safety impacts on older drivers are considered, with special 
attention being devoted to ensuring adequate and effective exchange of 
information between the Department of Transportation and older drivers 
or their representatives.
    (i) Authorization of Appropriations.--Of the funds authorized under 
section 403 of title 23, United States Code, $1,250,000 is authorized 
for each of the fiscal years 1995 through 1997 to support older driver 
programs described in subsections (a), (b), (c), (e), and (f).

                     Subtitle D--High Risk Drivers

SEC. 241. STUDY ON WAYS TO IMPROVE TRAFFIC RECORDS OF ALL HIGH RISK 
              DRIVERS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Secretary shall complete a study to determine whether 
additional or strengthened Federal activities, authority, or regulatory 
actions are desirable or necessary to improve or strengthen the driver 
record and control systems of the States to identify high risk drivers 
more rapidly and ensure prompt intervention in the licensing of high 
risk drivers. The study, which shall be based in part on analysis 
obtained from a request for information published in the Federal 
Register, shall consider steps necessary to ensure that State traffic 
record systems are unambiguous, accurate, current, accessible, 
complete, and (to the extent useful) uniform among the States.
    (b) Specific Matters for Consideration.--Such study shall at a 
minimum consider--
            (1) whether specific legislative action is necessary to 
        improve State traffic record systems;
            (2) the feasibility and practicality of further encouraging 
        and establishing a uniform traffic ticket citation and control 
        system;
            (3) the need for a uniform driver violation point system to 
        be adopted by the States;
            (4) the need for all the States to participate in the 
        Driver License Reciprocity Program conducted by the American 
        Association of Motor Vehicle Administrators;
            (5) ways to encourage the States to cross-reference driver 
        license files and motor vehicle files to facilitate the 
        identification of individuals who may not be in compliance with 
        driver licensing laws; and
            (6) the feasibility of establishing a national program that 
        would limit each driver to one driver's license from only one 
        State at any time.
    (c) Evaluation of National Information Systems.--As part of the 
study required by this section, the Secretary shall consider and 
evaluate the future of the national information systems that support 
driver licensing. In particular, the Secretary shall examine whether 
the Commercial Driver's License Information System, the National Driver 
Register, and the Driver License Reciprocity program should be more 
closely linked or continue to exist as separate information systems and 
which entities are best suited to operate such systems effectively at 
the least cost. The Secretary shall cooperate with the American 
Association of Motor Vehicle Administrators in carrying out this 
evaluation.

SEC. 242. STATE PROGRAMS FOR HIGH RISK DRIVERS.

    The Secretary shall encourage and promote State driver evaluation, 
assistance, or control programs for high risk drivers. These programs 
may include in-person license reexaminations, driver education or 
training courses, license restrictions or suspensions, and other 
actions designed to improve the operating performance of high risk 
drivers.

                          Subtitle E--Funding

SEC. 251. FUNDING FOR 23 U.S.C. 410 PROGRAM.

    In addition to any amount otherwise appropriated or available for 
such use, there are authorized to be appropriated $15,000,000 for 
fiscal years 1995, 1996, and 1997 for the purpose of carrying out 
section 410 of title 23, United States Code.

                   TITLE III--CORRECTION OF LOCATION

SEC. 301.

    The table contained in section 1107(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended in item number 24, by 
adding at the end ``and for similar purposes eligible for funding under 
title 23, United States Code, or under the Intermodal Surface 
Transportation Efficiency Act on any similar existing facility within a 
150 mile radius of such project as selected by the State of 
Pennsylvania.''.

            Passed the House of Representatives October 7, 1994.

            Attest:






                                                                 Clerk.




103d CONGRESS

  2d Session

                               H. R. 5248

_______________________________________________________________________

                                 AN ACT

   To require States to consider adopting mandatory, comprehensive, 
  Statewide one-call notification systems to protect natural gas and 
 hazardous liquid pipelines and all other underground facilities from 
       being damaged by any excavations, and for other purposes.`