Calendar No. 668

103D CONGRESS

2D SESSION S. 2101

A BILL

To provide for the establishment of mandatory

poses.damaged by any excavations, and for other purprotect all underground facilities from beingState-operated comprehensive one-call systems to

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 668

103D CONGRESS

2D SESSION S. 2101

To provide for the establishment of mandatory State-operated comprehensive

one-call systems to protect all underground facilities from being damaged

by any excavations, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 10 (legislative day, MAY 2), 1994

Mr. BRADLEY (for himself and Mr. SPECTER) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. HOLLINGS, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the establishment of mandatory State-operated comprehensive one-call systems to protect all underground facilities from being damaged by any excavations,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Comprehensive One3 Call Notification Act of 1994’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) since the 1950s, steadily increasing develop7 ment of infrastructure has resulted in the construc8 tion of underground facilities throughout the United

9 States, including water pipelines, natural gas pipe10 lines, liquids pipelines, steam pipelines, telephone

11 lines, electric lines, fiber optic lines, cable television

12 lines, sewer pipelines, and dedicated traffic control,

13 emergency communication, and alarm lines;

14 (2) these underground facilities offer a safe and

15 economical means of providing essential services to

16 the public;

17 (3) of all accidents involving these facilities, the

18 largest number are caused by nearby excavation,

19 demolition, or tunneling activities, known as third20 party damage;

21 (4) accidents resulting from third-party damage

22 present an unnecessary risk to public safety and the

23 environment;

24 (5) costs arising from third-party damage are

25 ultimately paid by consumers;
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1 (6) in the case of interstate facilities, consumers

2 in one State may pay for damages incurred in an3 other State;

4 (7) to prevent third-party damage, the owners

5 of some underground facilities have initiated one-call

6 (or ‘‘call before you dig’’) programs, and some

7 States have mandated one-call programs, although

8 the scope and effectiveness of these programs is in9 consistent;

10 (8) to maximize the effectiveness of one-call

11 programs, national standards are needed;

12 (9) these standards should apply, without ex13 ception, to all excavation near any underground fa14 cilities; and

15 (10) these standards should produce one-call

16 systems which are simple to use, with a single tele17 phone number established which excavators must

18 call to obtain information on the location of any type

19 of underground facility anywhere in the United

20 States.

21 SEC. 3. DEFINITIONS.

22 For purposes of this Act, the term—

23 (1) ‘‘damage’’ means any impact on or contact

24 with an underground facility, its appurtenances, or

25 its protective coating, or weakening of the support
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1 for the facility or protective housing, which requires

2 repair;

3 (2) ‘‘excavation’’ means any operation in which

4 earth, rock, or other material in the ground is

5 moved, removed, or otherwise displaced by means of

6 any tools, equipment, or explosive, and includes,

7 without limitation, grading, boring, milling, trench8 ing, tunneling, scraping, tree and root removal, cable

9 or pipe plowing, pile driving, wrecking, razing, rend10 ing, or removing any structure or mass material, but

11 shall not include the tilling of soil for agricultural

12 purposes to a depth of 18 inches or less;

13 (3) ‘‘facility operator’’ means any person who

14 owns or operates an underground facility, except for

15 any person who is the owner of real property where16 in are located underground facilities for the purpose

17 of furnishing services or materials only to himself or

18 occupants of such property;

19 (4) ‘‘Secretary’’ means the Secretary of Trans20 portation; and

21 (5) ‘‘underground facility’’ means any under22 ground line, system, or structure used for producing,

23 gathering, storing, conveying, transmitting, or dis24 tributing communication, electricity, gas, petroleum,

25 petroleum products, hazardous liquids, water, steam,
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1 sewerage, or any other commodities the Secretary of

2 Commerce determines to be similar and appropriate.

3 SEC. 4. NATIONWIDE DEDICATED NUMBER.

4 Within 1 year after the date of enactment of this Act,

5 the Federal Communications Commission shall establish

6 a nationwide dedicated telephone number to be used by

7 local or regional underground facility location services and

8 by one-call systems established pursuant to this Act.

9 SEC. 5. ESTABLISHMENT OF STATE ONE-CALL SYSTEMS.

10 (a) REQUIREMENT.—Each State shall, within 3 years

11 after the date of enactment of this Act, establish a com12 prehensive statewide one-call notification system, in ac13 cordance with this Act, to protect all underground facili14 ties from damage due to any excavation.

15 (b) STATE SANCTIONS FOR NONPARTICIPATION.—

16 The Secretary may impose a prohibition, applicable to a

17 State that does not comply with subsection (a), on the ap18 proval by the Secretary of any projects or the awarding

19 by the Secretary of any grants under title 23, United

20 States Code, other than projects or grants for safety where

21 the Secretary determines, based on accident or other ap22 propriate data submitted by the State, that the principal

23 purpose of the project is an improvement in safety to re24 solve a demonstrated safety problem and likely will result

25 in a significant reduction in, or avoidance of, accidents.
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1 SEC. 6. ELEMENTS OF SYSTEM.

2 Each State one-call system established under section

3 5(a) shall—

4 (1) have a designated system operator;

5 (2) operate in all areas of the State containing

6 underground facilities;

7 (3) apply to all excavations and to all under8 ground facility operators, except as provided by this

9 Act;

10 (4) employ mechanisms, such as the issuance of

11 excavation or building permits, to ensure that the

12 general public, and in particular all excavators, are

13 aware of the one-call telephone number and the re14 quirements and penalties of the State system relat15 ing to excavations;

16 (5) require that any person conducting an exca17 vation must contact the one-call system at least 3

18 business days, and not more than 10 business days,

19 before excavation begins;

20 (6) receive and record appropriate information

21 from excavators about intended excavations, includ22 ing—

23 (A) the name of the person contacting the

24 one-call system;

25 (B) the name, address, and telephone num26 ber of the excavator; and
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1 (C) the specific location of the intended ex2 cavation, along with the starting date thereof

3 and a description of the intended excavation ac4 tivity;

5 (7) inform excavators of the identity of facility

6 operators who will be notified of the intended exca7 vation;

8 (8) inform excavators of any procedures that

9 the State has determined must be followed when ex10 cavating;

11 (9) inform facility operators of any intended ex12 cavations that may be in the vicinity of their under13 ground facilities;

14 (10) require facility operators to locate and

15 mark, in accordance with standards established by

16 the State, their underground facilities in the vicinity

17 of an intended excavation within no more than 3

18 business days after notification of such intended ex19 cavation, and to supervise such excavation as nec20 essary;

21 (11) provide for penalties and enforcement as

22 described in section 7;

23 (12) maintain records on each notice of intent

24 to excavate for at least 7 years;
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1 (13) establish procedures to promote the timely

2 acquisition of information on previously unknown

3 underground facility locations;

4 (14) provide for an appropriate waiver of timely

5 compliance with system requirements in emergency

6 circumstances in which public safety is endangered,

7 as long as the one-call system is notified at the earli8 est practicable time;

9 (15) establish an appropriate schedule of fees to

10 be imposed on facility operators to cover the costs of

11 establishing, maintaining, and operating the one-call

12 system; and

13 (16) provide an opportunity for citizen suits to

14 enforce the requirements of this section.

15 SEC. 7. PENALTIES AND ENFORCEMENT.

16 (a) GENERAL PENALTIES.—Each State one-call sys17 tem established under section 5(a) shall provide that any

18 excavator or facility operator who violates the require19 ments of the system shall be liable for a civil penalty of

20 not more than $25,000 for each violation for each day that

21 violation persists, except that the maximum civil penalty

22 shall not exceed $500,000 for any related series of viola23 tions and the minimum civil penalty for a violation shall

24 be not less than $250.
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1 (b) INCREASED PENALTIES.—If a violation results in

2 damage to an underground facility resulting in death, seri3 ous bodily harm, or actual damage to property exceeding

4 $50,000, or damage to an underground hazardous liquid

5 pipeline facility resulting in the release of more than 50

6 barrels of product, the penalties may be increased, and

7 an additional penalty of imprisonment may be assessed.

8 (c) DECREASED PENALTIES.—A State one-call sys9 tem may provide for reduced penalties for a violation, that

10 results in or could result in damage, that is promptly re11 ported by the violator.

12 (d) INJUNCTIVE RELIEF.—Each State one-call sys13 tem shall provide for appropriate injunctive relief.

14 (e) REVOCATION OF LICENSE.—Each State one-call

15 system shall include procedures for the revocation of a li16 cense or permit to do business of any excavator deter17 mined to be a habitual violator of the requirements of the

18 system.

19 (f) IMMEDIATE CITATION OF VIOLATIONS.—A State

20 one-call system may include procedures for issuing a cita21 tion of violation at the site and time of the violation.

22 SEC. 8. ASSISTANCE OF DEPARTMENT OF TRANSPOR23 TATION IN DEVELOPMENT OF SYSTEMS.

24 (a) COORDINATION WITH OTHER RESPONSIBIL25 ITIES.—The Secretary shall coordinate the implementa-
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1 tion of this Act with the implementation of the Natural

2 Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671

3 et seq.) and the Hazardous Liquid Pipeline Safety Act of

4 1979 (49 U.S.C. App. 2001 et seq.).

5 (b) MODEL PROGRAM.—Within 1 year after the date

6 of enactment of this Act, the Office of Pipeline Safety of

7 the Department of Transportation shall draft and make

8 available to States a model one-call system program, along

9 with such additional guidance as the Secretary considers

10 appropriate, to assist the States in complying with this

11 Act. Such model program may be amended in response

12 to reports submitted by the States pursuant to section 10.

13 (c) PUBLIC EDUCATION.—The Secretary shall de14 velop public service announcements to be broadcast or

15 published to educate the public about one-call notification

16 systems, including the national phone number.

17 SEC. 9. ALTERNATE FORM OF SYSTEM.

18 A State that wishes to establish or maintain a one19 call system that differs from the requirements of this Act

20 may petition the Secretary for approval of such system.

21 The Secretary shall approve such a petition if the pro22 posed system is at least as protective of the public health

23 and safety as a system described in this Act.
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1 SEC. 10. STATE REPORTS.

2 Within 54 months after the date of enactment of this

3 Act, each State shall report to Congress and the Secretary

4 on the status of their one-call notification system and its

5 requirements. The report shall contain data on the oper6 ation and effectiveness of the one-call system including—

7 (1) the status of its law establishing the one8 call system;

9 (2) the number of notification requests received

10 annually;

11 (3) the effectiveness of the method of under12 ground facility marking required;

13 (4) the degree of excavator compliance;

14 (5) the number of incidents where underground

15 facilities were damaged and the type of damage to

16 such facilities;

17 (6) the number of deaths and injuries and the

18 estimate amount of property loss resulting from

19 damage to underground facilities;

20 (7) the extent to which all underground facili21 ties participate; and

22 (8) any other information that the Secretary

23 determines relevant.

24 SECTION 1. SHORT TITLES.

25 (a) TITLE I.—Title I of this Act may be cited as the

26 ‘‘Comprehensive One-call Notification Act of 1994’’.
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1 (b) TITLE II.—Title II of this Act may be cited as

2 the ‘‘High Risk Drivers Act of 1994’’.

3 TITLE I—ONE-CALL

4 SEC. 101. DEFINITIONS.

5 For purposes of this title, the term—

6 (1) ‘‘damage’’ means any impact or contact with

7 an underground facility, its appurtenances, or its

8 protective coating, or weakening of the support for the

9 facility or protective housing, which requires repair;

10 (2) ‘‘excavation’’ means any operation in which

11 earth, rock, or other material in the ground is moved,

12 removed, or otherwise displaced by means of any

13 mechanized tools or equipment, or any explosive, but

14 shall not include the tilling of soil for agricultural

15 purposes to a depth of 18 inches or less;

16 (3) ‘‘excavator’’ means a person who conducts

17 excavation;

18 (4) ‘‘facility operator’’ means any person who

19 operates an underground facility;

20 (5) ‘‘hazardous liquid’’ has the meaning given

21 such term in section 60101(a)(4) of title 49, United

22 States Code;

23 (6) ‘‘natural gas’’ has the meaning given the

24 term ‘‘gas’’ in section 60101(a)(2) of title 49, United

25 States Code;
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1 (7) ‘‘person’’ includes any agency of Federal,

2 State, or local government;

3 (8) ‘‘Secretary’’ means the Secretary of Trans4 portation;

5 (9) ‘‘State’’ has the meaning given such term in

6 section 60101(a)(20) of title 49, United States Code;

7 (10) ‘‘State program’’ means the program of a

8 State to establish or maintain a one-call notification

9 system; and

10 (11) ‘‘underground facility’’ means any under11 ground line, system, or structure used for gathering,

12 storing, transmitting, or distributing oil, petroleum

13 products, other hazardous liquids, natural gas, com14 munication, electricity, water, steam, sewerage, or

15 any other commodities the Secretary determines

16 should be included under the requirements of this

17 title, but such term does not include a portion of a

18 line, system, or structure if the person who owns or

19 leases, or holds an oil or gas mineral leasehold inter20 est in, the real property in which such portion is lo21 cated also operates, or has authorized another person

22 to operate, the line, system, or structure only for the

23 purpose of furnishing services or materials to such

24 person, except to the extent that such portion contains
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1 predominantly natural gas or hazardous liquids

2 and—

3 (A) is located within an easement for a

4 public road (as defined in section 101 of title 23,

5 United States Code) or a toll highway, bridge, or

6 tunnel (as defined in section 129(a)(2) of title

7 23, United States Code); or

8 (B) is located on a mineral lease and is

9 within the boundaries of a city, town, or village.

10 SEC. 102. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

11 Within 1 year after the date of enactment of this Act,

12 the Secretary shall, in consultation with the Federal Com13 munications Commission, facility operators, excavators,

14 and one-call notification system operators, provide for the

15 establishment of a nationwide toll-free telephone number

16 system to be used by State one-call notification systems.

17 SEC. 103. STATE PROGRAMS.

18 (a) CONSIDERATION.—Each State shall consider

19 whether to adopt a comprehensive statewide one-call notifi20 cation program with each element described in section 104,

21 to protect all underground facilities from damage due to

22 any excavation. Such State program may be provided for

23 through the establishment of a new program, or through

24 modification or improvement of an existing program, and

25 may be implemented by a nongovernmental organization.
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1 (b) PROCEDURES.—State consideration under sub2 section (a) shall be undertaken after public notice and hear3 ing, and shall be completed within 3 years after the date

4 of enactment of this Act. Such consideration may be under5 taken as part of any proceeding of a State with respect to

6 the safety of pipelines or other underground facilities.

7 (c) COMPLIANCE.—If a State fails to comply with the

8 requirements of subsection (a), the Secretary or any person

9 aggrieved by such failure may in a civil action obtain ap10 propriate relief against any appropriate officer or entity

11 of the State, including the State itself, to compel such

12 compliance.

13 (d) APPROPRIATENESS.—Nothing in this title pro14 hibits a State from making a determination that it is not

15 appropriate to adopt a State program described in section

16 104, pursuant to its authority under otherwise applicable

17 State law.

18 SEC. 104. ELEMENTS OF STATE PROGRAM.

19 (a) IN GENERAL.—Each State’s consideration under

20 section 103(a) shall include consideration of program ele21 ments that—

22 (1) provide for a one-call notification system or

23 systems which shall—

24 (A) apply to all excavators and to all facil25 ity operators;
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1 (B) operate in all areas of the State and not

2 duplicate the geographical coverage of other one3 call notification systems;

4 (C) receive and record appropriate informa5 tion from excavators about intended excavations;

6 (D) inform facility operators of any in7 tended excavations that may be in the vicinity of

8 their underground facilities; and

9 (E) inform excavators of the identity of fa10 cility operators who will be notified of the in11 tended excavation;

12 (2) provide for 24-hour coverage for emergency

13 excavation, with the manner and scope of coverage de14 termined by the State;

15 (3) employ mechanisms to ensure that the gen16 eral public, and in particular all excavators, are

17 aware of the one-call telephone number and the re18 quirements, penalties, and benefits of the State pro19 gram relating to excavations;

20 (4) inform excavators of any procedures that the

21 State has determined must be followed when excavat22 ing;

23 (5) require that any excavator must contact the

24 one-call notification system in accordance with State

25 specifications, which may vary depending on whether
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1 the excavation is short term, long term, routine, con2 tinuous, or emergency;

3 (6) require facility operators to provide for locat4 ing and marking or otherwise identifying their facili5 ties at an excavation site, in accordance with State

6 specifications, which may vary depending on whether

7 the excavation is short term, long term, routine, con8 tinuous, or emergency;

9 (7) provide effective mechanisms for penalties

10 and enforcement as described in section 105;

11 (8) provide for a fair and appropriate schedule

12 of fees to cover the costs of providing for, maintain13 ing, and operating the State program; and

14 (9) provide an opportunity for citizen suits to

15 enforce the State program.

16 (b) EXCEPTION.—Where excavation is undertaken by

17 or for a person, on real property owned or leased, or in

18 which an oil or gas mineral leasehold interest is held, by

19 that person, and the same person operates all underground

20 facilities located at the site of the excavation, a State pro21 gram may elect not to require that such person contact the

22 one-call notification system before excavating.

23 SEC. 105. PENALTIES AND ENFORCEMENT.

24 (a) GENERAL PENALTIES.—Each State’s consideration

25 under section 103(a) shall include consideration of a re-
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1 quirement that any excavator or facility operator who vio2 lates the requirements of the State program shall be liable

3 for an appropriate administrative or civil penalty.

4 (b) INCREASED PENALTIES.—If a violation results in

5 damage to an underground facility resulting in death, seri6 ous bodily harm, or actual damage to property exceeding

7 $50,000, or damage to a hazardous liquid underground fa8 cility resulting in the release of more than 50 barrels of

9 product, the penalties shall be increased, and an additional

10 penalty of imprisonment may be assessed for a knowing

11 and willful violation.

12 (c) DECREASED PENALTIES.—Each State’s consider13 ation under section 103(a) shall include consideration of

14 reduced penalties for a violation, that results in or could

15 result in damage, that is promptly reported by the violator.

16 (d) EQUITABLE RELIEF AND MANDAMUS ACTIONS.—

17 Each State’s consideration under section 103(a) shall in18 clude consideration of provisions for appropriate equitable

19 relief and mandamus actions.

20 (e) IMMEDIATE CITATION OF VIOLATIONS.—Each

21 State’s consideration under section 103(a) shall include

22 consideration of procedures for issuing a citation of viola23 tion at the site and time of the violation.
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1 SEC. 106. GRANTS TO STATES.

2 (a) AUTHORITY.—Using $4,000,000 of the amounts

3 previously collected under section 7005 of the Consolidated

4 Omnibus Budget Reconciliation Act of 1985 (previously

5 codified as 49 U.S.C. App. 1682a) or section 60301 of title

6 49, United States Code, for each of the fiscal years 1996,

7 1997, and 1998, to the extent provided in advance in appro8 priations Acts, the Secretary shall make grants to States,

9 or to operators of one-call notification systems in such

10 States, which have elected to adopt a State program de11 scribed in section 104, or to establish and maintain a State

12 program pursuant to subsection (b) of this section. Such

13 grants may be used in establishing one-call notification sys14 tems, modifying existing systems to conform to standards

15 established under this title, and improving systems to exceed

16 such standards. Such grants may be used to—

17 (1) improve communications systems linking

18 one-call notification systems;

19 (2) improve location capabilities, including

20 training personnel, developing geographical informa21 tion systems, and developing and using location tech22 nology;

23 (3) improve record retention and recording capa24 bilities;

25 (4) enhance public information and education

26 campaigns;
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1 (5) increase and improve enforcement mecha2 nisms, including administrative processing of viola3 tions; and

4 (6) otherwise further the purposes of this title.

5 (b) ALTERNATE FORM OF STATE PROGRAM.—The Sec6 retary may make a grant under subsection (a) to a State

7 that establishes or maintains a State program that differs

8 from a State program described in section 104 if such State

9 program is at least as protective of the public health and

10 safety and the environment as a State program described

11 in section 104.

12 SEC. 107. DEPARTMENT OF TRANSPORTATION.

13 (a) COORDINATION WITH OTHER RESPONSIBIL14 ITIES.—

15 (1) COORDINATION.—The Secretary shall coordi16 nate the implementation of this title with the imple17 mentation of chapter 601 of title 49, United States

18 Code.

19 (2) REVIEW OF PROGRAMS.—Within 18 months

20 after the date of enactment of this Act, the Secretary

21 shall review, and report to Congress on, the extent to

22 which any policies, programs, and procedures of the

23 Department of Transportation could be used to

24 achieve the purposes of this title.

25 (b) MODEL PROGRAM.—
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1 (1) DEVELOPMENT.—Within 1 year after the

2 date of enactment of this Act, the Secretary, in con3 sultation with facility operators, excavators, one-call

4 notification system operators, and State and local

5 governments, shall develop and make available to

6 States a model State program, including a model en7 forcement program. Such model program may be

8 amended by the Secretary on the Secretary’s initia9 tive or in response to reports submitted by the States

10 pursuant to section 108, or as a result of workshops

11 conducted under paragraph (3) of this subsection.

12 (2) SUGGESTED ELEMENTS.—The model pro13 gram developed under paragraph (1) shall include all

14 elements of a State program described in section 104.

15 The Secretary shall consider incorporating the follow16 ing elements into the model program:

17 (A) The one-call notification system or sys18 tems shall—

19 (i) receive and record appropriate in20 formation from excavators about intended

21 excavations, including—

22 (I) the name of the person con23 tacting the one-call notification system;

24 (II) the name, address, and tele25 phone number of the excavator;
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1 (III) the specific location of the

2 intended excavation, along with the

3 starting date thereof and a description

4 of the intended excavation activity;

5 and

6 (IV) the name, address, and tele7 phone number of the person for whom

8 the work is being performed; and

9 (ii) maintain records on each notice of

10 intent to excavate for the period of time nec11 essary to ensure that such records remain

12 available for use in the adjudication of any

13 claims relating to the excavation.

14 (B) The provision of information on exca15 vation requirements at the time of issuance of ex16 cavation or building permits, or other specific

17 mechanisms for ensuring excavator awareness.

18 (C) A requirement that any excavator must

19 contact the one-call notification system at least

20 2 business days, and not more than 10 business

21 days, before excavation begins.

22 (D) Alternative notification procedures for

23 excavation activities conducted as a normal part

24 of ongoing operations within specific geographic

25 locations over an extended period of time.
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1 (E) A requirement that facility operators—

2 (i) provide for locating and marking,

3 in accordance with the American Public

4 Works Association Uniform Color Code for

5 Utilities, or otherwise identifying, in ac6 cordance with standards established by the

7 State or the American National Standards

8 Institute, their underground facilities at the

9 site of an intended excavation within no

10 more than 2 business days after notification

11 of such intended excavation; and

12 (ii) monitor such excavation as appro13 priate.

14 (F) Provision for notification of excavators

15 if no underground facilities are located at the ex16 cavation site.

17 (G) Provision for the approval of a State

18 program under this title with time limitations

19 longer than those required under subparagraphs

20 (C) and (E) of this paragraph where special cir21 cumstances, such as severe weather conditions or

22 remoteness of location, pertain.

23 (H) Procedures for excavators and facility

24 operators to follow when the location of under25 ground facilities is unknown.
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1 (I) Procedures to improve underground fa2 cility location capabilities, including compiling

3 and notifying excavators, facility operators, and

4 one-call centers of any information about pre5 viously unknown underground facility locations

6 when such information is discovered.

7 (J) Alternative rules for timely compliance

8 with State program requirements in emergency

9 circumstances.

10 (K) If a State has procedures for licensing

11 or permitting entities to do business, procedures

12 for the revocation of the license or permit to do

13 business of any excavator determined to be a ha14 bitual violator of the requirements of the State

15 program.

16 (3) WORKSHOPS.—Within 6 months after the

17 date of enactment of this Act, and annually there18 after, the Secretary shall conduct workshops with fa19 cility operators, excavators, one-call notification sys20 tem operators, and State and local governments in

21 order to develop, amend, and promote the model pro22 gram, and to provide an opportunity to share infor23 mation among such parties and to recognize State

24 programs that exemplify the goals of this title.
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1 (c) PUBLIC EDUCATION.—The Secretary shall develop,

2 in conjunction with facility operators, excavators, one-call

3 notification system operators, and State and local govern4 ments, public service announcements and other educational

5 materials and programs to be broadcast or published to edu6 cate the public about one-call notification systems, includ7 ing the national phone number.

8 SEC. 108. STATE REPORTS.

9 (a) REQUIREMENT.—

10 (1) INITIAL REPORT.—Within 3 years after the

11 date of enactment of this Act, each State shall submit

12 to the Secretary a report on progress made in imple13 menting this title.

(2) STATUS REPORTS.—Within 41 14 ⁄2 years after

15 the date of enactment of this Act, and annually there16 after, each State shall report to the Secretary on the

17 status of its State program, if any, and its require18 ments, and any other information the Secretary

19 requires.

20 (b) SIMPLIFIED REPORTING FORM.—Within 3 years

21 after the date of enactment of this Act, the Secretary shall

22 develop and distribute to the States a simplified form for

23 complying with the reporting requirements of subsection

24 (a)(2).
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1 SEC. 109. MORE PROTECTIVE SYSTEMS.

2 Nothing in this title prohibits a State from implement3 ing a one-call notification system that provides greater pro4 tection for underground facilities from damage due to exca5 vation than a system established pursuant to this title.

6 SEC. 110. USE OF TECHNOLOGIES FOR REMOTE AND ABOVE7 GROUND PIPELINE LOCATION.

8 The Secretary of Transportation shall consult with

9 other agencies as to the availability and affordability of

10 technologies which will help locate pipelines from above11 ground and remote locations.

12 SEC. 111. RAILROAD COMPLIANCE WITH ONE-CALL.

13 If a railroad has rules requiring underground facilities

14 other than its own to be buried 3 feet or lower on its prop15 erty or along its right-of-way, the railroad shall not be re16 quired to inform the State one-call system when the railroad

17 undertakes routine maintenance on its property or along

18 its right-of-way when such maintenance would disturb the

19 ground to a depth of no more than 18 inches as measured

20 from the surface of the ground. Any accidents that occur

21 during, or as a result of such routine maintenance, must

22 be reported by the railroad to the Department of Transpor23 tation and the appropriate local officials.
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1 TITLE II—HIGH RISK DRIVERS

2 PROGRAM

3 Subtitle A—High-Risk and Alcohol4 Impaired Drivers

5 SEC. 211. FINDINGS.

6 The Congress makes the following findings:

7 (1) The Nation’s traffic fatality rate has declined

8 from 5.5 deaths per 100 million vehicle miles traveled

9 in 1966 to an historic low of an estimated 1.8 deaths

10 per 100 million vehicle miles traveled during 1992. In

11 order to further this desired trend, the safety pro12 grams and policies implemented by the Department of

13 Transportation must be continued, and at the same

14 time, the focus of these efforts as they pertain to high

15 risk drivers of all ages must be strengthened.

16 (2) Motor vehicle crashes are the leading cause of

17 death among teenagers, and teenage drivers tend to be

18 at fault for their fatal crashes more often than older

19 drivers. Drivers who are 16 to 20 years old comprised

20 7.4 percent of the United States population in 1991

21 but were involved in 15.4 percent of fatal motor vehi22 cle crashes. Also, on the basis of crashes per 100,000

23 licensed drivers, young drivers are the highest risk

24 group of drivers.
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1 (3) During 1991, 6,630 teenagers from age 15

2 through 20 died in motor vehicle crashes. This tragic

3 loss demands that the Federal Government intensify

4 its efforts to promote highway safety among members

5 of this high risk group.

6 (4) The consumption of alcohol, speeding over al7 lowable limits or too fast for road conditions, inad8 equate use of occupant restraints, and other high risk

9 behaviors are several of the key causes for this tragic

10 loss of young drivers and passengers. The Department

11 of Transportation, working cooperatively with the

12 States, student groups, and other organizations, must

13 reinvigorate its current programs and policies to ad14 dress more effectively these pressing problems of teen15 age drivers.

16 (5) In 1991 individuals aged 70 years and older,

17 who are particularly susceptible to injury, were in18 volved in 12 percent of all motor vehicle traffic crash

19 fatalities. These deaths accounted for 4,828 fatalities

20 out of 41,462 total traffic fatalities.

21 (6) The number of older Americans who drive is

22 expected to increase dramatically during the next 30

23 years. Unfortunately, during the last 15 years, the

24 Department of Transportation has supported an ex25 tremely limited program concerning older drivers. Re-
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1 search on older driver behavior and licensing has suf2 fered from intermittent funding at amounts that were

3 insufficient to address the scope and nature of the

4 challenges ahead.

5 (7) A major objective of United States transpor6 tation policy must be to promote the mobility of older

7 Americans while at the same time ensuring public

8 safety on our Nation’s highways. In order to accom9 plish these two objectives simultaneously, the Depart10 ment of Transportation must support a vigorous and

11 sustained program of research, technical assistance,

12 evaluation, and other appropriate activities that are

13 designed to reduce the fatality and crash rate of older

14 drivers who have identifiable risk characteristics.

15 SEC. 212. DEFINITIONS.

16 For purposes of this subtitle:

17 (1) The term ‘‘high risk driver’’ means a motor

18 vehicle driver who belongs to a class of drivers that,

19 based on vehicle crash rates, fatality rates, traffic

20 safety violation rates, and other factors specified by

21 the Secretary, presents a risk of injury to the driver

22 and other individuals that is higher than the risk pre23 sented by the average driver.

24 (2) The term ‘‘Secretary’’ means the Secretary of

25 Transportation.
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1 SEC. 213. POLICY AND PROGRAM DIRECTION.

2 (a) GENERAL RESPONSIBILITY OF SECRETARY.—The

3 Secretary shall develop and implement effective and com4 prehensive policies and programs to promote safe driving

5 behavior by young drivers, older drivers, and repeat viola6 tors of traffic safety regulations and laws.

7 (b) SAFETY PROMOTION ACTIVITIES.—The Secretary

8 shall promote or engage in activities that seek to ensure

9 that—

10 (1) cost effective and scientifically-based guide11 lines and technologies for the nondiscriminatory eval12 uation and licensing of high risk drivers are ad13 vanced;

14 (2) model driver training, screening, licensing,

15 control, and evaluation programs are improved;

16 (3) uniform or compatible State driver point

17 systems and other licensing and driver record infor18 mation systems are advanced as a means of identify19 ing and initially evaluating high risk drivers; and

20 (4) driver training programs and the delivery of

21 such programs are advanced.

22 (c) DRIVER TRAINING RESEARCH.—The Secretary

23 shall explore the feasibility and advisability of using cost

24 efficient simulation and other technologies as a means of

25 enhancing driver training; shall advance knowledge regard26 ing the perceptual, cognitive, and decision making skills
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1 needed for safe driving and to improve driver training; and

2 shall investigate the most effective means of integrating li3 censing, training, and other techniques for preparing novice

4 drivers for the safe use of highway systems.

5 Subtitle B—Young Driver Programs

6 SEC. 221. STATE GRANTS FOR YOUNG DRIVER PROGRAMS.

7 (a) ESTABLISHMENT OF GRANT PROGRAM.—Chapter

8 4 of title 23, United States Code, is amended by adding

9 at the end the following new section:

10 ‘‘§ 411. Programs for young drivers

11 ‘‘(a) GENERAL AUTHORITY.—Subject to the provisions

12 of this section, the Secretary shall make basic and supple13 mental grants to those States which adopt and implement

14 programs for young drivers which include measures, de15 scribed in this section, to reduce traffic safety problems re16 sulting from the driving performance of young drivers.

17 Such grants may only be used by recipient States to imple18 ment and enforce such measures.

19 ‘‘(b) MAINTENANCE OF EFFORT.—No grant may be

20 made to a State under this section in any fiscal year unless

21 such State enters into such agreements with the Secretary

22 as the Secretary may require to ensure that such State will

23 maintain its aggregate estimated expenditures from all

24 other sources for programs for young drivers at or above

25 the average level of such expenditures in its 2 fiscal years
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1 preceding the fiscal year in which the High Risk Drivers

2 Act of 1994 is enacted.

3 ‘‘(c) FEDERAL SHARE.—No State may receive grants

4 under this section in more than 5 fiscal years. The Federal

5 share payable for any grant under this section shall not

6 exceed—

7 ‘‘(1) in the first fiscal year a State receives a

8 grant under this section, 75 percent of the cost of im9 plementing and enforcing in such fiscal year the

10 young driver program adopted by the State pursuant

11 to subsection (a);

12 ‘‘(2) in the second fiscal year the State receives

13 a grant under this section, 50 percent of the cost of

14 implementing and enforcing in such fiscal year such

15 program; and

16 ‘‘(3) in the third, fourth, and fifth fiscal years

17 the State receives a grant under this section, 25 per18 cent of the cost of implementing and enforcing in such

19 fiscal year such program.

20 ‘‘(d) MAXIMUM AMOUNT OF BASIC GRANTS.—Subject

21 to subsection (c), the amount of a basic grant made under

22 this section for any fiscal year to any State which is eligible

23 for such a grant under subsection (e) shall equal 30 percent

24 of the amount apportioned to such State for fiscal year 1989

25 under section 402 of this title. A grant to a State under
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1 this section shall be in addition to the State’s apportion2 ment under section 402, and basic grants during any fiscal

3 year may be proportionately reduced to accommodate an

4 applicable statutory obligation limitation for that fiscal

5 year.

6 ‘‘(e) ELIGIBILITY FOR BASIC GRANTS.—

7 ‘‘(1) GENERAL.—For purposes of this section, a

8 State is eligible for a basic grant if such State—

9 ‘‘(A) establishes and maintains a graduated

10 licensing program for drivers under 18 years of

11 age that meets the requirements of paragraph

12 (2); and

13 ‘‘(B)(i) in the first year of receiving grants

14 under this section, meets four of the nine criteria

15 specified in paragraph (3);

16 ‘‘(ii) in the second year of receiving such

17 grants, meets five of such criteria;

18 ‘‘(iii) in the third year of receiving such

19 grants, meets six of such criteria;

20 ‘‘(iv) in the fourth year of receiving such

21 grants, meets seven of such criteria; and

22 ‘‘(v) in fifth year of receiving such grants,

23 meets seven of such criteria.

24 ‘‘(2) GRADUATED LICENSING PROGRAM.—
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1 ‘‘(A) A State receiving a grant under this

2 section shall establish and maintain a graduated

3 licensing program consisting of the following li4 censing stages for any driver under 18 years of

5 age:

6 ‘‘(i) An instructional license, valid for

7 a minimum period determined by the Sec8 retary, under which the licensee shall not

9 operate a motor vehicle unless accompanied

10 in the front passenger seat by the holder of

11 a full driver’s license.

12 ‘‘(ii) A provisional driver’s license

13 which shall not be issued unless the driver

14 has passed a written examination on traffic

15 safety and has passed a roadtest adminis16 tered by the driver licensing agency of the

17 State.

18 ‘‘(iii) A full driver’s license which shall

19 not be issued until the driver has held a

20 provisional license for at least 1 year with

21 a clean driving record.

22 ‘‘(B) For purposes of subparagraph (A)(iii),

23 subsection (f)(1), and subsection (f)(6)(B), a pro24 visional licensee has a clean driving record if the

25 licensee—
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1 ‘‘(i) has not been found, by civil or

2 criminal process, to have committed a mov3 ing traffic violation during the applicable

4 period;

5 ‘‘(ii) has not been assessed points

6 against the license because of safety viola7 tions during such period; and

8 ‘‘(iii) has satisfied such other require9 ments as the Secretary may prescribe by

10 regulation.

11 ‘‘(C) The Secretary shall determine the con12 ditions under which a State shall suspend provi13 sional driver’s licenses in order to be eligible for

14 a basic grant. At a minimum, the holder of a

15 provisional license shall be subject to driver con16 trol actions that are stricter than those applica17 ble to the holder of a full driver’s license, includ18 ing warning letters and suspension at a lower

19 point threshold.

20 ‘‘(D) For a State’s first 2 years of receiving

21 a grant under this section, the Secretary may

22 waive the clean driving record requirement of

23 subparagraph (A)(iii) if the State submits satis24 factory evidence of its efforts to establish such a

25 requirement.
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1 ‘‘(3) CRITERIA FOR BASIC GRANT.—The nine cri2 teria referred to in paragraph (1)(B) are as follows:

3 ‘‘(A) The State requires that any driver

4 under 21 years of age with a blood alcohol con5 centration of 0.02 percent or greater when driv6 ing a motor vehicle shall be deemed to be driving

7 while intoxicated for the purpose of (i) adminis8 trative or judicial sanctions or (ii) a law or reg9 ulation that prohibits any individual under 21

10 years of age with a blood alcohol concentration

11 of 0.02 percent or greater from driving a motor

12 vehicle.

13 ‘‘(B) The State has a law or regulation that

14 provides a mandatory minimum penalty of at

15 least $500 for anyone who in violation of State

16 law or regulation knowingly, or without checking

17 for proper identification, provides or sells alcohol

18 to any individual under 21 years of age.

19 ‘‘(C) The State requires that all front seat

20 and rear seat occupants of any motor vehicle

21 shall use safety belts.

22 ‘‘(D) The State requires that the license of

23 a driver under 21 years of age be suspended for

24 a period specified by the State if such driver is

25 convicted of the unlawful purchase or public pos-
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1 session of alcohol. The period of suspension shall

2 be at least 6 months for a first conviction and

3 at least 12 months for a subsequent conviction;

4 except that specific license restrictions may be

5 imposed as an alternative to such minimum pe6 riods of suspension where necessary to avoid

7 undue hardship on any individual.

8 ‘‘(E) The State conducts youth-oriented

9 traffic safety enforcement activities, and edu10 cation and training programs—

11 ‘‘(i) with the participation of judges

12 and prosecutors, that are designed to ensure

13 enforcement of traffic safety laws and regu14 lations, including those that prohibit driv15 ers under 21 years of age from driving

16 while intoxicated, restrict the unauthorized

17 use of a motor vehicle, and establish other

18 moving violations; and

19 ‘‘(ii) with the participation of student

20 and youth groups, that are designed to en21 sure compliance with such traffic safety

22 laws and regulations.

23 ‘‘(F) The State is a member of and substan24 tially complies with the interstate agreement

25 known as the Driver License Compact, promptly
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1 and reliably transmits and receives through elec2 tronic means interstate driver record informa3 tion (including information on commercial driv4 ers) in cooperation with the Secretary and other

5 States, and develops and achieves demonstrable

6 annual progress in implementing a plan to en7 sure that (i) each court of the State report expe8 ditiously to the State driver licensing agency all

9 traffic safety convictions, license suspensions, li10 cense revocations, or other license restrictions,

11 and driver improvement efforts sanctioned or or12 dered by the court, and that (ii) such records be

13 available electronically to appropriate govern14 ment officials (including enforcement, officers,

15 judges, and prosecutors) upon request at all

16 times.

17 ‘‘(G) The State prohibits the possession of

18 any open alcoholic beverage container, or the

19 consumption of any alcoholic beverage, in the

20 passenger area of any motor vehicle located on a

21 public highway or the right-of-way of a public

22 highway; except as allowed in the passenger

23 area, by persons (other than the driver), of a

24 motor vehicle designed to transport more than 10

25 passengers (including the driver) while being
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1 used to provide charter transportation of pas2 sengers.

3 ‘‘(H) The State has a law or regulation that

4 provides a minimum penalty of at least $100 for

5 anyone who in violation of State law or regula6 tion drives any vehicle through, around, or

7 under any crossing, gate, or barrier at a rail8 road crossing while such gate or barrier is closed

9 or being opened or closed.

10 ‘‘(I) The State has a law or regulation

11 that—

12 ‘‘(i) mandates seizure by the State or

13 any political subdivision thereof of any ve14 hicle driven by an individual in violation

15 of an alcohol-related traffic safety law, if

16 such violator has been convicted on more

17 than one occasion of an alcohol-related traf18 fic offense within any 5-year period begin19 ning after the date of enactment of this sec20 tion, or has been convicted of driving while

21 his or her driver’s license is suspended or

22 revoked by reason of a conviction for such

23 an offense;

24 ‘‘(ii) mandates that the vehicle be for25 feited to the State or a political subdivision
40

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1 thereof if the vehicle was solely owned by

2 such violator at the time of the violation;

3 ‘‘(iii) requires that the vehicle be re4 turned to the owner if the vehicle was a sto5 len vehicle at the time of the violation; and

6 ‘‘(iv) authorizes the vehicle to be re7 leased to a member of such violator’s fam8 ily, the co-owner, or the owner, if the vehicle

9 was not a stolen vehicle and was not solely

10 owned by such violator at the time of the

11 violation, and if the family member, co12 owner, or owner, prior to such release, exe13 cutes a binding agreement that the family

14 member, co-owner, or owner will not permit

15 such violator to drive the vehicle and that

16 the vehicle shall be forfeited to the State or

17 a political subdivision thereof in the event

18 such violator drives the vehicle with the per19 mission of the family member, co-owner, or

20 owner.

21 ‘‘(f) SUPPLEMENTAL GRANT PROGRAM.—

22 ‘‘(1) EXTENDED APPLICATION OF PROVISIONAL

23 LICENSE REQUIREMENT.—For purposes of this sec24 tion, a State is eligible for a supplemental grant for

25 a fiscal year in an amount, subject to subsection (c),
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1 not to exceed 10 percent of the amount apportioned

2 to such State for fiscal year 1989 under section 402

3 of this title if such State is eligible for a basic grant

4 and in addition such State requires that a driver

5 under 21 years of age shall not be issued a full driv6 er’s license until the driver has held a provisional li7 cense for at least 1 year with a clean driving record

8 as described in subsection (e)(2)(B).

9 ‘‘(2) PROVISION OF INSURANCE INFORMATION.—

10 For purposes of this section, a State is eligible for a

11 supplemental grant for a fiscal year in an amount,

12 subject to subsection (c), not to exceed 5 percent of the

13 amount apportioned to such State for fiscal year 1989

14 under section 402 of this title if such State is eligible

15 for a basic grant and in addition such State provides,

16 to a parent or legal guardian of any provisional li17 censee, general information prepared with the assist18 ance of the insurance industry on the effect of traffic

19 safety convictions and at-fault accidents on insurance

20 rates for young drivers.

21 ‘‘(3) READILY DISTINGUISHABLE LICENSES FOR

22 YOUNG DRIVERS.—For purposes of this section, a

23 State is eligible for a supplemental grant for a fiscal

24 year in an amount, subject to subsection (c), not to

25 exceed 5 percent of the amount apportioned to such
42

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1 State for fiscal year 1989 under section 402 of this

2 title if such State is eligible for a basic grant and in

3 addition such State—

4 ‘‘(A) requires that the provisional driver’s

5 license, or full driver’s license, of any driver

6 under 21 years of age be readily distinguishable

7 from the licenses of drivers who are 21 years of

8 age or older, through the use of special back9 ground, marking, profile, or any other features,

10 consistent with any guidelines developed by the

11 Secretary in cooperation with the American As12 sociation of Motor Vehicle Administrators; and

13 ‘‘(B) employs the Social Security number as

14 a common identifier on every driver’s license so

15 as to facilitate the transfer of traffic records

16 among States.

17 ‘‘(4) DRIVER TRAINING PREREQUISITE.—For

18 purposes of this section, a State is eligible for a sup19 plemental grant in an amount, subject to subsection

20 (c), not to exceed 5 percent of the amount apportioned

21 to such State for fiscal year 1989 under section 402

22 of this title if such State is eligible for a basic grant

23 and in addition such State requires that a provi24 sional driver’s license may be issued only to a driver

25 who has satisfactorily completed a State-accepted
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•S 2101 RS

1 driver education and training program that meets

2 Department of Transportation guidelines and in3 cludes information on the interaction of alcohol and

4 controlled substances and the effect of such interaction

5 on driver performance, and information on the im6 portance of motorcycle helmet use and safety belt use.

7 ‘‘(5) REMEDIAL DRIVER EDUCATION.—For pur8 poses of this section, a State is eligible for a supple9 mental grant for a fiscal year in an amount, subject

10 to subsection (c), not to exceed 5 percent of the

11 amount apportioned to such State for fiscal year 1989

12 under section 402 of this title if such State is eligible

13 for a basic grant and in addition such State requires,

14 at a lower point threshold than for other drivers, re15 medial driver improvement instruction for drivers

16 under 21 years of age and requires such remedial in17 struction for any driver under 21 years of age who

18 is convicted of reckless driving, excessive speeding,

19 driving under the influence of alcohol, or driving

20 while intoxicated.

21 ‘‘(6) PROVISIONAL LICENSE REQUIREMENT

22 AFTER LICENSE SUSPENSION OR REVOCATION.—For

23 purposes of this section, a State is eligible for a sup24 plemental grant for a fiscal year in an amount, sub25 ject to subsection (c), not to exceed 5 percent of the
44

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1 amount apportioned to such State for fiscal year 1989

2 under section 402 of this title if such State is eligible

3 for a basic grant and in addition such State requires

4 that any driver whose driving privilege is restored

5 after license suspension or revocation resulting from

6 a traffic safety violation shall for at least 1 year be

7 subject to the following:

8 ‘‘(A) The restored license shall be imme9 diately suspended, for a period to be determined

10 by the Secretary, upon the driver’s conviction of

11 any moving traffic safety violation, except that

12 the Secretary may by regulation define limited

13 circumstances under which the State may waive

14 this immediate suspension requirement.

15 ‘‘(B) A full driver’s license shall be issued

16 only after the driver has held a provisional li17 cense for at least 1 year with a clean driving

18 record, as described in subsection (e)(2)(B).

19 ‘‘(C) The driver shall be—

20 ‘‘(i) deemed to be driving while intoxi21 cated if the driver has a blood alcohol con22 centration of .02 percent or greater; or

23 ‘‘(ii) prohibited from operating a

24 motor vehicle with such a blood alcohol con25 centration.
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1 ‘‘(7) RECORD OF SERIOUS CONVICTIONS; HABIT2 UAL OR REPEAT OFFENDER SANCTIONS.—For pur3 poses of this section, a State is eligible for a supple4 mental grant for a fiscal year in an amount, subject

5 to subsection (c), not to exceed 5 percent of the

6 amount apportioned to such State for fiscal year 1989

7 under section 402 of this title if such State is eligible

8 for a basic grant and in addition such State—

9 ‘‘(A) requires that a notation of any serious

10 traffic safety conviction of a driver be main11 tained on the driver’s permanent traffic record

12 for at least 10 years after the date of the convic13 tion; and

14 ‘‘(B) provides additional sanctions for any

15 driver who, following conviction of a serious

16 traffic safety violation, is convicted during the

17 next 10 years of one or more subsequent serious

18 traffic safety violations.

19 ‘‘(8) OVERSIGHT OF ALCOHOL SALES TO UNDER20 AGE DRINKERS.—For purposes of this section, a State

21 is eligible for a supplemental grant for a fiscal year

22 in an amount, subject to subsection (c), not to exceed

23 5 percent of the amount appropriated to such State

24 for fiscal year 1989 under section 402 of this title if

25 such State is eligible for a basic grant and in addi-
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1 tion such State exercises effective oversight of colleges

2 and universities to ensure that colleges and univer3 sities do not provide, and do not allow the selling of,

4 alcohol to individuals under 21 years of age.

5 ‘‘(g) APPLICABILITY OF CHAPTER 1.—

6 ‘‘(1) IN GENERAL.—Except as otherwise provided

7 in this subsection, all provisions of chapter 1 of this

8 title that are applicable to National Highway System

9 funds, other than provisions relating to the apportion10 ment formula and provisions limiting the expenditure

11 of such funds to the Federal-aid systems, shall apply

12 to the funds authorized to be appropriated to carry

13 out this section.

14 ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec15 retary determines that a provision of chapter 1 of this

16 title is inconsistent with this section, such provision

17 shall not apply to funds authorized to be appro18 priated to carry out this section.

19 ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI20 TURES.—The aggregate of all expenditures made dur21 ing any fiscal year by a State and its political sub22 divisions (exclusive of Federal funds) for carrying out

23 the State highway safety program (other than plan24 ning and administration) shall be available for the

25 purpose of crediting such State during such fiscal
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1 year for the non-Federal share of the cost of any

2 project under this section (other than one for plan3 ning or administration) without regard to whether

4 such expenditures were actually made in connection

5 with such project.

6 ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN

7 INDIAN TRIBE PROGRAMS.—In the case of a local

8 highway safety program carried out by an Indian

9 tribe, if the Secretary is satisfied that an Indian tribe

10 does not have sufficient funds available to meet the

11 non-Federal share of the cost of such program, the

12 Secretary may increase the Federal share of the cost

13 thereof payable under this title to the extent nec14 essary.

15 ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY DE16 PARTMENT’.—In applying provisions of chapter 1 in

17 carrying out this section, the term ‘State highway de18 partment’ as used in such provisions shall mean the

19 Governor of a State and, in the case of an Indian

20 tribe program, the Secretary of the Interior.

21 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to carry out this section,

23 $9,000,000 for the fiscal year ending September 30, 1996,

24 $12,000,000 for the fiscal year ending September 30, 1997,

25 and $14,000,000 for the fiscal year ending September 30,
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1 1998, $16,000,000 for the fiscal year ending September 30,

2 1999, and $18,000,000 for the fiscal year ending September

3 30, 2000.’’.

4 (b) CONFORMING AMENDMENT.—The analysis of chap5 ter 4 of title 23, United States Code, is amended by insert6 ing immediately after the item relating to section 410 the

7 following new item:

‘‘411. Programs for young drivers.’’.

8 (c) DEADLINES FOR ISSUANCE OF REGULATIONS.—

9 The Secretary shall issue and publish in the Federal Reg10 ister proposed regulations to implement section 411 of title

11 23, United States Code (as added by this section), not later

12 than 6 months after the date of enactment of this Act. The

13 final regulations for such implementation shall be issued,

14 published in the Federal Register, and transmitted to Con15 gress not later than 12 months after such date of enactment.

16 SEC. 222. PROGRAM EVALUATION.

17 (a) EVALUATION BY SECRETARY.—The Secretary

18 shall, under section 403 of title 23, United States Code, con19 duct an evaluation of the effectiveness of State provisional

20 driver’s licensing programs and the grant program author21 ized by section 411 of title 23, United States Code (as added

22 by section 221 of this Act).

23 (b) REPORT TO CONGRESS.—By January 1, 1997, the

24 Secretary shall transmit a report on the results of the eval25 uation conducted under subsection (a) and any related re-
49

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1 search to the Committee on Commerce, Science, and Trans2 portation of the Senate and the Committee on Public Works

3 and Transportation of the House of Representatives. The

4 report shall include any related recommendations by the

5 Secretary for legislative changes.

6 Subtitle C—Older Driver Programs

7 SEC. 231. OLDER DRIVER SAFETY RESEARCH.

8 (a) RESEARCH ON PREDICTABILITY OF HIGH RISK

9 DRIVING.—

10 (1) The Secretary shall conduct a program that

11 funds, within budgetary limitations, the research

12 challenges presented in the Transportation Research

13 Board’s report entitled ‘‘Research and Development

14 Needs for Maintaining the Safety and Mobility of

15 Older Drivers’’ and the research challenges pertaining

16 to older drivers presented in a report to Congress by

17 the National Highway Traffic Safety Administration

18 entitled ‘‘Addressing the Safety Issues Related to

19 Younger and Older Drivers’’.

20 (2) To the extent technically feasible, the Sec21 retary shall consider the feasibility and further the

22 development of cost efficient, reliable tests capable of

23 predicting increased risk of accident involvement or

24 hazardous driving by older high risk drivers.
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1 (b) SPECIALIZED TRAINING FOR LICENSE EXAMIN2 ERS.—The Secretary shall encourage and conduct research

3 and demonstration activities to support the specialized

4 training of license examiners or other certified examiners

5 to increase their knowledge and sensitivity to the transpor6 tation needs and physical limitations of older drivers, in7 cluding knowledge of functional disabilities related to driv8 ing, and to be cognizant of possible countermeasures to deal

9 with the challenges to safe driving that may be associated

10 with increasing age.

11 (c) COUNSELING PROCEDURES AND CONSULTATION

12 METHODS.—The Secretary shall encourage and conduct re13 search and disseminate information to support and encour14 age the development of appropriate counseling procedures

15 and consultation methods with relatives, physicians, the

16 traffic safety enforcement and the motor vehicle licensing

17 communities, and other concerned parties. Such procedures

18 and methods shall include the promotion of voluntary ac19 tion by older high risk drivers to restrict or limit their driv20 ing when medical or other conditions indicate such action

21 is advisable. The Secretary shall consult extensively with

22 the American Association of Retired Persons, the American

23 Association of Motor Vehicle Administrators, the American

24 Occupational Therapy Association, the American Auto25 mobile Association, the Department of Health and Human
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1 Services, the American Public Health Association, and

2 other interested parties in developing educational materials

3 on the interrelationship of the aging process, driver safety,

4 and the driver licensing process.

5 (d) ALTERNATIVE TRANSPORTATION MEANS.—The

6 Secretary shall ensure that the agencies of the Department

7 of Transportation overseeing the various modes of surface

8 transportation coordinate their policies and programs to

9 ensure that funds authorized under the Intermodal Surface

10 Transportation Efficiency Act of 1991 (Public Law 102–

11 240; 105 Stat. 1914) and implementing Department of

12 Transportation and Related Agencies Appropriation Acts

13 take into account the transportation needs of older Ameri14 cans by promoting alternative transportation means when15 ever practical and feasible.

16 (e) STATE LICENSING PRACTICES.—The Secretary

17 shall encourage State licensing agencies to use restricted li18 censes instead of canceling a license whenever such action

19 is appropriate and if the interests of public safety would

20 be served, and to closely monitor the driving performance

21 of older drivers with such licenses. The Secretary shall en22 courage States to provide educational materials of benefit

23 to older drivers and concerned family members and physi24 cians. The Secretary shall promote licensing and relicensing

25 programs in which the applicant appears in person and
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1 shall promote the development and use of cost effective

2 screening processes and testing of physiological, cognitive,

3 and perception factors as appropriate and necessary. Not

4 less than one model State program shall be evaluated in

5 light of this subsection during each of the fiscal years 1996

6 through 1998. Of the sums authorized under subsection (i),

7 $250,000 is authorized for each such fiscal year for such

8 evaluation.

9 (f) IMPROVEMENT OF MEDICAL SCREENING.—The Sec10 retary shall conduct research and other activities designed

11 to support and encourage the States to establish and main12 tain medical review or advisory groups to work with State

13 licensing agencies to improve and provide current informa14 tion on the screening and licensing of older drivers. The

15 Secretary shall encourage the participation of the public in

16 these groups to ensure fairness and concern for the safety

17 and mobility needs of older drivers.

18 (g) INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.—In

19 implementing the Intelligent Vehicle-Highway Systems Act

20 of 1991 (23 U.S.C. 307 note), the Secretary shall ensure

21 that the National Intelligent Vehicle-Highway Systems Pro22 gram devotes sufficient attention to the use of intelligent

23 vehicle-highway systems to aid older drivers in safely per24 forming driver functions. Federally-sponsored research, de25 velopment, and operational testing shall ensure the ad-
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1 vancement of night vision improvement systems, technology

2 to reduce the involvement of older drivers in accidents oc3 curring at intersections, and other technologies of particu4 lar benefit to older drivers.

5 (h) TECHNICAL EVALUATIONS UNDER INTERMODAL

6 SURFACE TRANSPORTATION EFFICIENCY ACT.—In conduct7 ing the technical evaluations required under section 6055

8 of the Intermodal Surface Transportation Efficiency Act of

9 1991 (Public Law 102–240; 105 Stat. 2192), the Secretary

10 shall ensure that the safety impacts on older drivers are

11 considered, with special attention being devoted to ensuring

12 adequate and effective exchange of information between the

13 Department of Transportation and older drivers or their

14 representatives.

15 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the

16 funds authorized under section 403 of title 23, United

17 States Code, $1,250,000 is authorized for each of the fiscal

18 years 1995 through 2000, and $1,500,000 is authorized for

19 each of the fiscal years 2001 through 2005, to support older

20 driver programs described in subsections (a), (b), (c), (e),

21 and (f).
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1 Subtitle D—High Risk Drivers

2 SEC. 241. STUDY ON WAYS TO IMPROVE TRAFFIC RECORDS

3 OF ALL HIGH RISK DRIVERS.

4 (a) IN GENERAL.—Within 1 year after the date of en5 actment of this Act, the Secretary shall complete a study

6 to determine whether additional or strengthened Federal ac7 tivities, authority, or regulatory actions are desirable or

8 necessary to improve or strengthen the driver record and

9 control systems of the States to identify high risk drivers

10 more rapidly and ensure prompt intervention in the licens11 ing of high risk drivers. The study, which shall be based

12 in part on analysis obtained from a request for information

13 published in the Federal Register, shall consider steps nec14 essary to ensure that State traffic record systems are unam15 biguous, accurate, current, accessible, complete, and (to the

16 extent useful) uniform among the States.

17 (b) SPECIFIC MATTERS FOR CONSIDERATION.—Such

18 study shall at a minimum consider—

19 (1) whether specific legislative action is nec20 essary to improve State traffic record systems;

21 (2) the feasibility and practicality of further en22 couraging and establishing a uniform traffic ticket ci23 tation and control system;

24 (3) the need for a uniform driver violation point

25 system to be adopted by the States;
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1 (4) the need for all the States to participate in

2 the Driver License Reciprocity Program conducted by

3 the American Association of Motor Vehicle Adminis4 trators;

5 (5) ways to encourage the States to cross-ref6 erence driver license files and motor vehicle files to fa7 cilitate the identification of individuals who may not

8 be in compliance with driver licensing laws; and

9 (6) the feasibility of establishing a national pro10 gram that would limit each driver to one driver’s li11 cense from only one State at any time.

12 (c) EVALUATION OF NATIONAL INFORMATION SYS13 TEMS.—As part of the study required by this section, the

14 Secretary shall consider and evaluate the future of the na15 tional information systems that support driver licensing.

16 In particular, the Secretary shall examine whether the

17 Commercial Driver’s License Information System, the Na18 tional Driver Register, and the Driver License Reciprocity

19 program should be more closely linked or continue to exist

20 as separate information systems and which entities are best

21 suited to operate such systems effectively at the least cost.

22 The Secretary shall cooperate with the American Associa23 tion of Motor Vehicle Administrators in carrying out this

24 evaluation.
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1 SEC. 242. STATE PROGRAMS FOR HIGH RISK DRIVERS.

2 The Secretary shall encourage and promote State driv3 er evaluation, assistance, or control programs for high risk

4 drivers. These programs may include in-person license reex5 aminations, driver education or training courses, license re6 strictions or suspensions, and other actions designed to im7 prove the operating performance of high risk drivers.

8 Subtitle E—Funding

9 SEC. 251. FUNDING.

10 (a) INCREASE IN AMOUNTS AVAILABLE FOR ALCOHOL11 IMPAIRED DRIVING COUNTERMEASURES GRANTS.—In ad12 dition to any amount otherwise appropriated or available

13 for such use, the Secretary of Transportation is authorized

14 to obligate $15,000,000 for fiscal years 1995, 1996, and

15 1997 for the purpose of carrying out section 410 of title

16 23, United States Code.

17 (b) SOURCE OF FUNDS.—The Secretary of Transpor18 tation shall transfer amounts obligated under this section

19 for fiscal years 1995, 1996, 1997, and 1998 from any

20 amounts authorized but not appropriated to carry out sec21 tion 31102 of title 49, United States Code.

Amend the title so as to read: ‘‘A bill 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; and to provide additional con-
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tract authority for making grants under the High Risk

Drivers program, the alcohol-impaired driving countermeasures program, and for other purposes.’’.

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