```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Reported in Senate (RS)]

                                                       Calendar No. 669

103d CONGRESS

  2d Session

                                S. 2132

_______________________________________________________________________

                                 A BILL

 To authorize appropriations to carry out the Federal Railroad Safety 
                  Act of 1970, and for other purposes.

_______________________________________________________________________

           September 28 (legislative day, September 12), 1994

        Reported with an amendment and an amendment to the title

                                                       Calendar No. 669
103d CONGRESS
  2d Session
                                S. 2132

 To authorize appropriations to carry out the Federal Railroad Safety 
                  Act of 1970, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 16), 1994

   Mr. Exon 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 authorize appropriations to carry out the Federal Railroad Safety 
                  Act of 1970, and for other purposes.

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

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.

    -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e 
-`-`-F-e-d-e-r-a-l -R-a-i-l-r-o-a-d -S-a-f-e-t-y 
-A-u-t-h-o-r-i-z-a-t-i-o-n -A-c-t -o-f -1-9-9-4-'-'-.

-S-E-C-. -2-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F 
              -A-P-P-R-O-P-R-I-A-T-I-O-N-S-.

    -S-e-c-t-i-o-n -2-1-4-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l 
-R-a-i-l-r-o-a-d -S-a-f-e-t-y -A-c-t -o-f -1-9-7-0 -(-4-5 -U-.-S-.-C-. 
-4-4-4-(-a-)-) -i-s -a-m-e-n-d-e-d -b-y -s-t-r-i-k-i-n-g -t-h-e 
-f-i-r-s-t -s-e-n-t-e-n-c-e -a-n-d -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u 
-t-h-e-r-e-o-f -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-T-h-e-r-e -a-r-e 
-a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -t-o -c-a-r-r-y 
-o-u-t -t-h-i-s -A-c-t -n-o-t -t-o -e-x-c-e-e-d -$-6-8-,-2-8-9-,-0-0-0 
-f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5 -a-n-d -s-u-c-h -s-u-m-s -a-s 
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r-s 
-1-9-9-6-, -1-9-9-7-, -a-n-d -1-9-9-8-.-'-'-.

-S-E-C-. -3-. -H-O-U-R-S -O-F -S-E-R-V-I-C-E -P-I-L-O-T 
              -P-R-O-J-E-C-T-.

    -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -H-o-u-r-s -o-f 
-S-e-r-v-i-c-e -A-c-t -(-4-5 -U-.-S-.-C-. -6-1 -e-t -s-e-q-.-) -i-s 
-a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e 
-f-o-l-l-o-w-i-n-g -n-e-w -s-e-c-t-i-o-n-:

-`-`-S-E-C-. -7-. -H-O-U-R-S -O-F -S-E-R-V-I-C-E -P-I-L-O-T 
              -P-R-O-J-E-C-T-.

    -`-`-(-a-) -A -r-a-i-l-r-o-a-d -o-r -r-a-i-l-r-o-a-d-s-, -a-n-d 
-a-l-l -l-a-b-o-r -o-r-g-a-n-i-z-a-t-i-o-n-s -r-e-p-r-e-s-e-n-t-i-n-g 
-a-n-y -d-i-r-e-c-t-l-y -a-f-f-e-c-t-e-d -c-o-v-e-r-e-d -s-e-r-v-i-c-e 
-e-m-p-l-o-y-e-e-s -o-f -t-h-e -r-a-i-l-r-o-a-d -o-r 
-r-a-i-l-r-o-a-d-s-, -m-a-y -j-o-i-n-t-l-y -p-e-t-i-t-i-o-n -t-h-e 
-S-e-c-r-e-t-a-r-y -o-f -T-r-a-n-s-p-o-r-t-a-t-i-o-n -f-o-r 
-a-p-p-r-o-v-a-l -o-f -o-n-e -o-r -m-o-r-e -p-i-l-o-t -p-r-o-j-e-c-t-s 
-t-o -d-e-m-o-n-s-t-r-a-t-e -t-h-e -p-o-s-s-i-b-l-e -b-e-n-e-f-i-t-s 
-o-f -i-m-p-l-e-m-e-n-t-i-n-g -a-l-t-e-r-n-a-t-i-v-e-s -t-o -t-h-e 
-r-e-q-u-i-r-e-m-e-n-t-s -o-f -t-h-i-s -A-c-t-, -i-n-c-l-u-d-i-n-g-, 
-b-u-t -n-o-t -l-i-m-i-t-e-d -t-o-, -t-h-o-s-e -c-o-n-c-e-r-n-i-n-g 
-m-a-x-i-m-u-m -o-n---d-u-t-y -a-n-d -m-i-n-i-m-u-m -o-f-f---d-u-t-y 
-p-e-r-i-o-d-s-. -B-a-s-e-d -o-n -s-u-c-h -a -j-o-i-n-t 
-p-e-t-i-t-i-o-n-, -t-h-e -S-e-c-r-e-t-a-r-y-, -a-f-t-e-r -n-o-t-i-c-e 
-a-n-d -o-p-p-o-r-t-u-n-i-t-y -f-o-r -c-o-m-m-e-n-t-, -m-a-y 
-w-a-i-v-e-, -i-n -w-h-o-l-e -o-r -i-n -p-a-r-t-, -c-o-m-p-l-i-a-n-c-e 
-w-i-t-h -t-h-i-s -A-c-t -f-o-r -a -p-e-r-i-o-d -o-f -n-o -m-o-r-e 
-t-h-a-n -2 -y-e-a-r-s-, -i-f -t-h-e -S-e-c-r-e-t-a-r-y 
-d-e-t-e-r-m-i-n-e-s -t-h-a-t -s-u-c-h -w-a-i-v-e-r -o-f 
-c-o-m-p-l-i-a-n-c-e -i-s -i-n -t-h-e -p-u-b-l-i-c -i-n-t-e-r-e-s-t 
-a-n-d -i-s -c-o-n-s-i-s-t-e-n-t -w-i-t-h -r-a-i-l-r-o-a-d 
-s-a-f-e-t-y-. -A-n-y -s-u-c-h -w-a-i-v-e-r -m-a-y-, -b-a-s-e-d -o-n -a 
-n-e-w -p-e-t-i-t-i-o-n-, -b-e -e-x-t-e-n-d-e-d -f-o-r 
-a-d-d-i-t-i-o-n-a-l -p-e-r-i-o-d-s -o-f -u-p -t-o -2 -y-e-a-r-s-, 
-a-f-t-e-r -n-o-t-i-c-e -a-n-d -o-p-p-o-r-t-u-n-i-t-y -f-o-r 
-c-o-m-m-e-n-t-. -A-n -e-x-p-l-a-n-a-t-i-o-n -o-f -a-n-y -w-a-i-v-e-r 
-g-r-a-n-t-e-d -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e 
-p-u-b-l-i-s-h-e-d -i-n -t-h-e -F-e-d-e-r-a-l -R-e-g-i-s-t-e-r-.
    -`-`-(-b-) -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -s-u-b-m-i-t -t-o 
-C-o-n-g-r-e-s-s -n-o -l-a-t-e-r -t-h-a-n -J-u-n-e -1-, -1-9-9-6-, -a 
-r-e-p-o-r-t -t-h-a-t -e-x-p-l-a-i-n-s -a-n-d -a-n-a-l-y-z-e-s -t-h-e 
-e-f-f-e-c-t-i-v-e-n-e-s-s -o-f -a-n-y -p-i-l-o-t -p-r-o-j-e-c-t-s 
-a-p-p-r-o-v-e-d -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n-.-'-'-.
    -(-b-) -C-i-v-i-l -P-e-n-a-l-t-y-.---T-h-e -f-i-r-s-t 
-s-e-n-t-e-n-c-e -o-f -s-e-c-t-i-o-n -5-(-a-)-(-1-) -o-f -t-h-e 
-H-o-u-r-s -o-f -S-e-r-v-i-c-e -A-c-t -(-4-5 -U-.-S-.-C-. 
-6-4-a-(-a-)-(-1-)-) -i-s -a-m-e-n-d-e-d -b-y -i-n-s-e-r-t-i-n-g 
-i-m-m-e-d-i-a-t-e-l-y -b-e-f-o-r-e -`-`-s-h-a-l-l -b-e 
-l-i-a-b-l-e-'-' -t-h-e -f-o-l-l-o-w-i-n-g-: -`-`-o-r -t-h-a-t 
-v-i-o-l-a-t-e-s -a-n-y -p-r-o-v-i-s-i-o-n -o-f -a -w-a-i-v-e-r 
-a-p-p-l-i-c-a-b-l-e -t-o -t-h-a-t -p-e-r-s-o-n -t-h-a-t -h-a-s 
-b-e-e-n -g-r-a-n-t-e-d -u-n-d-e-r -s-e-c-t-i-o-n -7 -o-f -t-h-i-s 
-A-c-t-,-'-'-.

-S-E-C-. -4-. -T-E-C-H-N-I-C-A-L -A-M-E-N-D-M-E-N-T -T-O -F-E-D-E-R-A-L 
              -R-A-I-L-R-O-A-D -S-A-F-E-T-Y -A-C-T -O-F -1-9-7-0-.

    -T-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e -o-f -s-e-c-t-i-o-n -2-0-9-(-f-) 
-o-f -t-h-e -F-e-d-e-r-a-l -R-a-i-l-r-o-a-d -S-a-f-e-t-y -A-c-t -o-f 
-1-9-7-0 -(-4-5 -U-.-S-.-C-. -4-3-8-(-f-)-) -i-s -a-m-e-n-d-e-d -b-y 
-i-n-s-e-r-t-i-n-g -`-`-a-n-y -o-f -t-h-e -F-e-d-e-r-a-l 
-r-a-i-l-r-o-a-d -s-a-f-e-t-y -l-a-w-s-, -a-s -d-e-f-i-n-e-d -i-n 
-s-e-c-t-i-o-n -2-1-2-(-e-) -o-f -t-h-i-s -t-i-t-l-e -(-e-x-c-e-p-t 
-f-o-r -t-h-e -H-a-z-a-r-d-o-u-s -M-a-t-e-r-i-a-l-s 
-T-r-a-n-s-p-o-r-t-a-t-i-o-n -A-c-t-)-, -o-r-'-' -i-m-m-e-d-i-a-t-e-l-y 
-a-f-t-e-r -`-`-i-n-d-i-v-i-d-u-a-l-'-s -v-i-o-l-a-t-i-o-n -o-f-'-'-.

-S-E-C-. -5-. -B-I-E-N-N-I-A-L -R-E-P-O-R-T-I-N-G -O-N 
              -I-M-P-L-E-M-E-N-T-A-T-I-O-N -O-F -F-E-D-E-R-A-L 
              -R-A-I-L-R-O-A-D -S-A-F-E-T-Y -A-C-T -O-F -1-9-7-0-.

    -(-a-) -I-n -G-e-n-e-r-a-l-.----S-e-c-t-i-o-n -2-1-1-(-a-) -o-f 
-t-h-e -F-e-d-e-r-a-l -R-a-i-l-r-o-a-d -S-a-f-e-t-y -A-c-t -o-f 
-1-9-7-0 -(-4-5 -U-.-S-.-C-. -4-4-0-(-a-)-) -i-s -a-m-e-n-d-e-d---
            -(-1-) -i-n -t-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e-, -b-y 
        -s-t-r-i-k-i-n-g -`-`-o-n -o-r -b-e-f-o-r-e -J-u-l-y -1 -o-f 
        -e-a-c-h -y-e-a-r -a -c-o-m-p-r-e-h-e-n-s-i-v-e -r-e-p-o-r-t 
        -o-n -t-h-e -a-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f -t-h-i-s 
        -t-i-t-l-e -f-o-r -t-h-e -p-r-e-c-e-d-i-n-g -c-a-l-e-n-d-a-r 
        -y-e-a-r-'-' -a-n-d -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u 
        -t-h-e-r-e-o-f -`-`-e-v-e-r-y -2 -y-e-a-r-s-, -o-n -o-r 
        -b-e-f-o-r-e -J-u-l-y -1 -o-f -t-h-e -y-e-a-r -d-u-e-, -a 
        -c-o-m-p-r-e-h-e-n-s-i-v-e -r-e-p-o-r-t -o-n -t-h-e 
        -a-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f -t-h-i-s -t-i-t-l-e -f-o-r 
        -t-h-e -p-r-e-c-e-d-i-n-g -2 -c-a-l-e-n-d-a-r -y-e-a-r-s-'-'-;
            -(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-1-)-, -b-y 
        -s-t-r-i-k-i-n-g -`-`-o-c-c-u-r-r-i-n-g -i-n -s-u-c-h 
        -y-e-a-r-'-' -a-n-d -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u 
        -t-h-e-r-e-o-f -`-`-o-c-c-u-r-r-i-n-g -d-u-r-i-n-g -e-a-c-h 
        -o-f -t-h-e -2 -p-r-e-c-e-d-i-n-g -c-a-l-e-n-d-a-r -y-e-a-r-s-, 
        -b-y -c-a-l-e-n-d-a-r -y-e-a-r-'-'-;
            -(-3-) -i-n -p-a-r-a-g-r-a-p-h-s -(-2-)-, -(-3-)-, -a-n-d 
        -(-6-)-, -r-e-s-p-e-c-t-i-v-e-l-y-, -b-y -s-t-r-i-k-i-n-g 
        -`-`-y-e-a-r-'-' -a-n-d -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u 
        -t-h-e-r-e-o-f -`-`-y-e-a-r-s-'-'-; -a-n-d
            -(-4-) -i-n -p-a-r-a-g-r-a-p-h-s -(-9-) -a-n-d -(-1-0-)-, 
        -b-y -s-t-r-i-k-i-n-g -`-`-d-u-r-i-n-g -t-h-e 
        -p-r-e-c-e-d-i-n-g -c-a-l-e-n-d-a-r -y-e-a-r-'-' -e-a-c-h 
        -p-l-a-c-e -i-t -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -i-n 
        -l-i-e-u -t-h-e-r-e-o-f -`-`-d-u-r-i-n-g -t-h-e 
        -p-r-e-c-e-d-i-n-g -2 -c-a-l-e-n-d-a-r -y-e-a-r-s-'-'-.
    -(-b-) -C-o-n-f-o-r-m-i-n-g -A-m-e-n-d-m-e-n-t-.----T-h-e 
-s-e-c-t-i-o-n -h-e-a-d-i-n-g -f-o-r -s-e-c-t-i-o-n -2-1-1 -o-f -t-h-e 
-F-e-d-e-r-a-l -R-a-i-l-r-o-a-d -S-a-f-e-t-y -A-c-t -o-f -1-9-7-0 
-(-4-5 -U-.-S-.-C-. -4-4-0-) -i-s -a-m-e-n-d-e-d -b-y -s-t-r-i-k-i-n-g 
-`-`-a-n-n-u-a-l -r-e-p-o-r-t-'-' -a-n-d -i-n-s-e-r-t-i-n-g -i-n 
-l-i-e-u -t-h-e-r-e-o-f -`-`-b-i-e-n-n-i-a-l -r-e-p-o-r-t-'-'-.

SECTION. 1. SHORT TITLES.

    (a)  Title I.--Title I of this Act may be cited as the ``Federal 
Railroad Safety Authorization Act of 1994''.
    (b)  Title II.--Title II of this Act may be cited as the ``High 
Risk Drivers Act of 1994''.

                    TITLE I--FEDERAL RAILROAD SAFETY

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a)(1) of title 49, United States Code, is amended by 
inserting after subparagraph (B) the following:
                    ``(C) $68,289,000 for the fiscal year ending 
                September 30, 1995.
                    ``(D) $75,112,000 for the fiscal year ending 
                September 30, 1996.
                    ``(E) $82,563,000 for the fiscal year ending 
                September 30, 1997.
                    ``(F) $90,739,000 for the fiscal year ending 
                September 30, 1998.''.

SEC. 102. HOURS OF SERVICE PILOT PROJECT.

    (a) In General.--Chapter 211 of title 49, United States Code, is 
amended by adding at the end the following new section:

``Sec.  12108. Hours of service pilot project

    ``(a) Pilot Projects Authorized.--A railroad or railroads, and all 
labor organizations representing any directly affected covered service 
employees of the railroad or railroads, may jointly petition the 
Secretary of Transportation for approval of one or more pilot projects 
to demonstrate the possible benefits and costs of implementing 
alternatives to the requirements of this Act, including, but not 
limited to, those concerning maximum on-duty and minimum off-duty 
periods. Based on such a joint petition, the Secretary, after notice 
and opportunity for comment, may waive, in whole or in part, compliance 
with this Act for a period of no more than 2 years, if the Secretary 
determines that such waiver of compliance is in the public interest and 
is consistent with railroad safety. Any such waiver may, based on a new 
petition, be extended for additional periods of up to 2 years, after 
notice and opportunity for comment. An explanation of any waiver 
granted under this section shall be published in the Federal Register.
    ``(b) Report.--The Secretary shall submit to Congress no later than 
June 1, 1996, an interim report that discusses the status of the pilot 
project program and a final report by January 1, 1998, that explains 
and analyzes the impact on safety, railroad operating conditions, 
railroad operations, and potential benefits of any pilot projects 
approved under this section.''.
    (b) Civil Penalty.--The first sentence of section 21303(a) of title 
49, United States Code, is amended by inserting a comma and ``or a 
provision of a waiver granted under section 12108 of this title,'' 
after ``of this title'' the second place it appears.
    (c) Clerical Amendment.--The table of sections for chapter 211 of 
title 49, United States Code, is amended by adding at the end thereof 
the following:

``12108. Hours of service pilot project.''.

SEC. 103. TECHNICAL AMENDMENT TO FEDERAL RAILROAD SAFETY ACT OF 1970.

    Section 20111(c) of title 49, United States Code, is amended by 
inserting ``this chapter or any of the laws transferred to the 
jurisdiction of the Secretary of Transportation by subsection (e)(1), 
(2), or (6)(A) of section 6 of the Department of Transportation Act, as 
such Act is in effect on June 1, 1994, or'' after ``individual's 
violation of''.

SEC. 104. BIENNIAL REPORTING ON IMPLEMENTATION OF FEDERAL RAILROAD 
              SAFETY ACT OF 1970.

    (a) In General.--Section 20116 of title 49, United States Code, is 
amended by striking ``not later than July 1 of each year a report on 
carrying out this chapter for the prior calendar year'' in the first 
sentence and inserting ``every 2 years, on or before July 1, a report 
on carrying out this chapter for the preceding 2 calendar years''.
    (b) Conforming Amendment.--The section heading for that section is 
amended by striking ``Annual report'' and inserting in lieu thereof 
``Biennial report''.

SEC. 105. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

    (a) Amendment of Regulations.--The Secretary of Transportation 
shall conduct a rulemaking proceeding to amend the regulations under 
section 500.407 of title 23, Code of Federal Regulations, to require 
that each highway safety management system developed, established, and 
implemented by a State shall, among countermeasures and priorities 
established under subsection (b)(2) of that section--
            (1) include public railroad-highway grade-crossing closure 
        plans that are aimed at eliminating high-risk or redundant 
        crossings (as defined by the Secretary);
            (2) include railroad-highway grade-crossing policies that 
        limit the creation of new at-grade crossings for vehicle or 
        pedestrian traffic, recreational use, or any other purpose; and
            (3) include plans for State policies, programs, and 
        resources to further reduce death and injury at high-risk 
        railroad-highway grade crossings.
    (b) Deadline.--The Secretary of Transportation shall complete the 
rulemaking proceeding described in subsection (a) and prescribe the 
required amended regulations, not later than one year after the date of 
enactment of this Act.

SEC. 106. EMERGENCY NOTIFICATION OF GRADE-CROSSING PROBLEMS.

    Section 20134 of title 49, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(d) Pilot Programs.--
            ``(1) The Secretary of Transportation shall conduct a pilot 
        program to demonstrate an emergency notification system 
        utilizing a toll free telephone number that the public can use 
        to convey to railroads, either directly or through public 
        safety personnel, information about malfunctions or other 
        safety problems at railroad-highway grade crossings. The pilot 
        program, at a minimum--
                    ``(A) shall include railroad-highway grade 
                crossings in at least 2 States,
                    ``(B) shall include provisions for public education 
                and awareness of the program, and
                    ``(C) shall require information to be posted at the 
                railroad-highway grade crossing describing the 
                emergency notification system and instructions on how 
                to use the system.
        The Secretary may, by grant, provide funding for the expense of 
        information signs and public awareness campaigns necessary to 
        demonstrate the notification system.
            ``(2) The Secretary shall complete the pilot program not 
        later than 24 months after the date of enactment of the Federal 
        Railroad Safety Authorization Act of 1994, and shall submit to 
        the Congress not later than 30 months after that date an 
        evaluation of the pilot program, together with findings as to 
        the effectiveness of such emergency notification systems. The 
        report shall compare and contrast the structure, cost, and 
        effectiveness of the pilot program with other emergency 
        notification systems in effect within other States. Such 
        evaluation shall include analyses of the safety benefits 
        derived from the programs, cost effectiveness, and the burdens 
        on participants, including the railroads and law enforcement 
        personnel.
            ``(3) Unless the Secretary determines that--
                    ``(A) the national notification system would not be 
                a cost-effective means of providing timely and accurate 
                notification of railroad-highway grade crossing safety 
                emergencies; or
                    ``(B) State-level notification systems evaluated by 
                the Secretary offer a clearly superior means of 
                providing such notification, and the Secretary includes 
                in the report to the Congress under paragraph (2) a 
                strategy and schedule for extending such systems to 
                other States;
        then the Secretary shall establish, and shall issue 
        implementing regulations for, a national notification system, 
        within 24 months after the date on which the report is issued. 
        The regulations shall include provisions requiring railroads to 
        erect and maintain appropriate signs and to provide necessary 
        railroad-highway grade crossing information to the United 
        States DOT/AAR Rail-Highway Grade Crossing Inventory.
            ``(4) In addition to sums authorized under section 
        20117(a)(1) of this title, there are authorized to be 
        appropriated to carry out this section not to exceed $700,000 
        for fiscal year 1995, $250,000 for fiscal year 1996, $800,000 
        for fiscal year 1997, and $400,000 for fiscal year 1998.''.

SEC. 107. OPERATION LIFESAVER.

    (a) Authorization of Appropriations.--In addition to amounts 
otherwise authorized by law, there are authorized to be appropriated 
for railroad research and development $300,000 for fiscal year 1995, 
$500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to 
support Operation Lifesaver, Inc.
    (b) Program Requirements.--The Secretary of Transportation shall 
not provide financial assistance from any amount appropriated for 
railroad research and development to Operation Lifesaver, Inc., in 
excess of $150,000 for any fiscal year unless--
            (1) such excess funding is for the development and 
        implementation of a national, multi-year, multimedia public 
        information and law enforcement program for the reduction of 
        fatalities and serious injuries involving railroad-highway 
        grade crossings and trespassing on railroad rights-of-way and 
        property; and
            (2) at least 30 percent of the costs of developing and 
        implementing such program is provided from non-Federal sources, 
        including States and railroads.
    (c) Secretary or Delegates to Serve Ex Officio on Boards of 
Recipient Organizations.--In order to ensure maximum coordination and 
effectiveness in carrying out the Operation Lifesaver program, the 
Secretary of Transportation or, by delegation, the Administrator of the 
Federal Railroad Administration and the Administrator of the Federal 
Highway Administration, is authorized to serve, ex officio, as a member 
of the board of directors (or similar governing body) of any 
organization receiving funds made available by the Secretary for 
carrying out a program of public information and education to reduce or 
prevent motor vehicle accidents, injuries, and fatalities, or to 
improve driver performance, at railroad-highway grade crossings, and to 
prevent trespassing on railroad rights-of-way and resulting injuries 
and fatalities.

SEC. 108. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

    (a) In General.--In implementing the Intelligent Vehicle-Highway 
Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of 
Transportation shall ensure that the National Intelligent Vehicle-
Highway Systems Program addresses, in a comprehensive and coordinated 
manner, the use of intelligent vehicle-highway technologies to promote 
safety at railroad-highway grade crossings. The Secretary of 
Transportation shall ensure that two or more operational tests funded 
under such Act shall promote highway traffic safety and railroad 
safety.

SEC. 109. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

    (a) Federal Regulations.--Section 31311 of title 49, United States 
Code, is amended by adding at the end the following new subsection:
    ``(h) Grade-crossing Violations.--
            ``(1) Sanctions.--The Secretary shall issue regulations 
        establishing sanctions and penalties relating to violations, by 
        persons operating commercial motor vehicles, of laws and 
        regulations pertaining to railroad-highway grade crossings.
            ``(2) Minimum Requirements.--Regulations issued under 
        paragraph (1) shall, at a minimum, require that--
                    ``(A) the penalty for a single violation shall not 
                be less than a 60-day disqualification of the driver's 
                commercial driver's license; and
                    ``(B) any employer that knowingly allows, permits, 
                authorizes, or requires an employee to operate a 
                commercial motor vehicle in violation of such a law or 
                regulation shall be subject to a civil penalty of not 
                more than $10,000.''.
    (b) Deadline.--The initial regulations required under section 
31310(h) of title 49, United States Code, shall be issued not later 
than one year after the date of enactment of this Act.
    (c) State Regulations.--Section 31311(a) of title 49, United States 
Code, is amended by adding at the end the following new paragraph:
            ``(18) Grade-crossing regulations.--The State shall adopt 
        and enforce regulations prescribed by the Secretary under 
        section 31310(h) of this title.''.

SEC. 110. SAFETY ENFORCEMENT.

    (a) Cooperation Between Federal and State Agencies.--The National 
Highway Traffic Safety Administration, and the Office of Motor Carriers 
within the Federal Highway Administration, shall on a continuing basis 
cooperate and work with the National Association of Governors' Highway 
Safety Representatives, the Commercial Vehicle Safety Alliance, and 
Operation Lifesaver, Inc., to improve compliance with and enforcement 
of laws and regulations pertaining to railroad-highway grade crossings.
    (b) Report.--The Secretary of Transportation shall submit a report 
to Congress by January 1, 1996, indicating (1) how the Department 
worked with the above mentioned entities to improve the awareness of 
the highway and commercial vehicle safety and law enforcement 
communities of regulations and safety challenges at railroad-highway 
grade crossings, and (2) how resources are being allocated to better 
address these challenges and enforce such regulations.

SEC. 111. INSTITUTE FOR RAILROAD AND GRADE-CROSSING SAFETY.

    The Secretary of Transportation, in conjunction with a university 
or college having expertise in highway, traffic, and railroad safety, 
shall establish, within one year of enactment of this Act, an Institute 
for Railroad and Grade-Crossing Safety. The Institute shall research, 
develop, fund, or test measures for reducing the number of fatalities 
and injuries in railroad operations, focusing on improvements in 
railroad-highway grade-crossing safety, railroad trespassing, 
prevention, and enforcement. There is hereby authorized to be 
appropriated to the Secretary $1,000,000 for each of the fiscal years 
1996 through 2000 to fund activities under the preceding sentence 
carried out by the Institute, which shall report at least once each 
year on its use of such funds in carrying out such activities and the 
results thereof to the Secretary of Transportation and the Congress.

SEC. 112. RAILROAD GRADE-CROSSING TRESPASSING AND VANDALISM PREVENTION 
              STRATEGY.

    (a) Evaluation of Existing Laws.--In consultation with affected 
parties, the Secretary of Transportation shall evaluate and review 
current local, State, and Federal laws regarding trespassing on 
railroad property and vandalism affecting railroad safety, and develop 
model prevention strategies and enforcement laws to be used for the 
consideration of State and local legislatures and governmental 
entities. The first such evaluation and review shall be completed 
within 1 year after the date of enactment of this Act. The Secretary 
shall revise such model prevention strategies and enforcement codes 
periodically.
    (b) Outreach Program.--The Secretary shall develop and maintain a 
comprehensive outreach program to improve communications among Federal 
railroad safety inspectors, State inspectors certified by the Federal 
Railroad Administration, railroad police, and State and local law 
enforcement officers, for the purpose of addressing trespassing and 
vandalism problems on the railroads and railroad property, and 
strengthening relevant enforcement strategies. This program shall be 
designed to increase public and police awareness of the illegality of, 
dangers inherent in, and the extent of, trespassing on railroad rights-
of-way, to develop strategies to improve the prevention of trespassing 
and vandalism, and to improve the enforcement of laws relating to 
railroad trespass, vandalism, and grade crossings safety.
    (c) Model Legislation.--Within 18 months after the date of 
enactment of this Act, the Secretary, after consultation with State and 
local governments, shall develop and make available to State and local 
governments model State legislation providing for--
            (1) civil or criminal penalties, or both, for vandalism of 
        railroad equipment or property which could affect the safety of 
        the public or of railroad employees; and
            (2) civil or criminal penalties, or both, for trespassing 
        on a railroad owned or leased right-of-way.

SEC. 113. WARNING OF CIVIL LIABILITY.

    The Secretary of Transportation shall encourage railroads to warn 
the public about potential liability for violation of regulations 
related to vandalism of railroad-highway grade crossing signs, devices, 
and equipment and to trespass on railroad property.

SEC. 114. LOCOMOTIVE WHISTLE BAN PROHIBITION.

    (a) Prohibition.--No State or political subdivision thereof shall 
enact or enforce a locomotive whistle ban with respect to any railroad-
highway grade crossing or series of railroad-highway grade crossings 
after December 31, 1995, unless, consistent with regulations issued 
under subsection (c), one of the following actions has been taken with 
respect to a crossing or series of crossings (as determined by the 
Secretary)--
            (1) the affected crossing is closed during the hours 
        covered by the ban;
            (2) crossing gates and median barriers have been installed 
        and are operational;
            (3) 4-quadrant gates have been installed and are operating; 
        or
            (4) other effective safety measures, described in 
        regulations issued by the Secretary (including regulations 
        involving the demonstration and evaluation of new safety 
        measures), are in place at an affected crossing or series of 
        crossings.
    (b) Testing.--The Secretary of Transportation is authorized to 
approve the testing of railroad-highway grade crossing safety measures, 
including demonstration and evaluation of such measures at railroad-
highway grade crossings.
    (c) Regulations.--By January 1, 1996, the Secretary of 
Transportation shall issue regulations implementing this section. These 
regulations shall include--
            (1) standards for safety measures identified in paragraphs 
        (1), (2), and (3) of subsection (a);
            (2) identification of any additional safety measures that 
        provide an equivalent level of safety to that provided by the 
        safety measures identified in paragraphs (2) and (3) of 
        subsection (a); and
            (3) procedures for securing approval to demonstrate new 
        railroad-highway grade crossing safety measures at railroad-
        highway grade crossings.

SEC. 115. RAILROAD CAR VISIBILITY.

    (a) Review of Rules.--The Secretary of Transportation shall conduct 
a review of the Department of Transportation's rules with respect to 
railroad car visibility. As part of this review, the Secretary shall 
collect relevant data from operational experience by railroads having 
enhanced visibility measures in service. The Secretary shall also 
conduct such research as may be required to establish whether enhanced 
visibility of railroad cars would improve driver behavior and thereby 
reduce railroad-highway grade crossing accidents.
    (b) Regulations.--If the review and research conducted under 
subsection (a) establishes that enhanced railroad car visibility would 
likely enhance safety in a cost-effective manner, the Secretary shall 
initiate a rulemaking proceeding to issue regulations requiring 
substantially enhanced visibility standards for newly manufactured and 
remanufactured railroad cars. In such proceeding the Secretary shall 
consider, at a minimum--
            (1) visibility from the perspective of an automobile 
        driver;
            (2) whether certain railroad car paint colors should be 
        prohibited or required;
            (3) the use of reflective materials;
            (4) the visibility of lettering on railroad cars;
            (5) the effect of any enhanced visibility measures on the 
        health and safety of train crew members; and
            (6) the cost/benefit ratio of any new regulations.
    (c) Exclusions.--In issuing regulations under subsection (b), the 
Secretary may exclude from any specific visibility requirement any 
category of trains or railroad operations if the Secretary determines 
that such an exclusion is in the public interest and is consistent with 
railroad safety including railroad-highway crossing safety.

SEC. 116. CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.

    (a) Statement of Policy.--
            (1) Railroad-highway grade crossings present inherent 
        hazards to the safety of railroad operations and to the safety 
        of persons using those crossings. It is in the public 
        interest--
                    (A) to eliminate redundant and high risk railroad-
                highway grade crossings; and
                    (B) to limit the creation of new crossings to the 
                minimum necessary to provide for the reasonable 
                mobility of the American people and their property, 
                including emergency access.
            (2) Elimination of redundant and high-risk railroad-highway 
        grade crossings is necessary to permit optimum use of available 
        funds to improve the safety of remaining crossings, including 
        funds provided under Federal law.
            (3) Effective programs to reduce the number of unneeded 
        railroad-highway grade crossings, and to close those crossings 
        that cannot be made reasonably safe (due to reasons of 
        topography, angles of intersection, etc.), require the 
        partnership of Federal, State, and local officials and 
        agencies, and affected railroads.
            (4) Promotion of a balanced national transportation system 
        requires that highway planning specifically take into 
        consideration the interface between highways and the national 
        railroad system.
    (b) Partnership and Oversight.--The Secretary shall foster a 
partnership among Federal, State, and local transportation officials 
and agencies to reduce the number of railroad-highway grade crossings 
and to improve safety at remaining crossings. The Secretary shall make 
provision for periodic review to ensure that each State (including 
State subdivisions and local governments) is making substantial, 
continued progress toward achievement of the purposes of this section.
    (c) Crossing Freeze.--If, upon review, and after opportunity for a 
hearing, the Secretary determines that a State or political subdivision 
thereof has failed to make substantial, continued progress toward 
achievement of the purposes of this section, then the Secretary shall 
impose a limit on the maximum number of public railroad-highway grade 
crossings in that State. The limitation imposed by the Secretary under 
this subsection shall remain in effect until the State demonstrates 
compliance with the requirements of this section. In addition, the 
Secretary may, for a period of not more than 3 years after such a 
determination, require compliance with specific numeric targets for net 
reductions in the number of railroad-highway grade crossings (including 
specification of hazard categories with which such crossings are 
associated).
    (d) Regulations.--The Secretary shall issue such regulations as may 
be necessary to carry out this section.

SEC. 117. RESEARCH PRIORITIES.

    (a) 5-Year Plan.--
            (1) The Secretary of Transportation shall submit to 
        Congress a 5-year strategic plan that will demonstrate improved 
        programs to enhance railroad safety (including human factors 
        and railroad-highway grade-crossing safety), the prevention of 
        trespassing on railroad property, and the prevention of 
        vandalism to railroad-highway grade crossing safety devices and 
        signs. With respect to human factors, the strategic plan shall 
        establish a comprehensive program to investigate workload, 
        stress, and fatigue, operator training, ergonomics, operating 
        rules, and other areas judged appropriate by the Secretary.
            (2) The plan shall be incorporated into the research, 
        technology development, and testing priorities of the Federal 
        Railroad Administration.
            (3) The plan shall be submitted to Congress no later than 
        January 1, 1996.
            (4) There are authorized to be appropriated for conducting 
        such programs $3,500,000 for each of the fiscal years 1996 
        through 1999.
    (b) Participation of Other Agencies.--In carrying out the 
activities authorized by this Act, the Secretary shall cooperate with 
other Federal agencies and seek to maximize the use of Federal monies 
to apply defense-related technologies to railroad-highway grade 
crossing safety, trespassing prevention, and other railroad-safety 
initiatives.

SEC. 118. COORDINATION WITH THE DEPARTMENT OF LABOR.

    The Secretary of Transportation shall consult with the Secretary of 
Labor on a regular basis to assure that all applicable laws affecting 
safe working conditions for railroad employees are appropriately 
enforced to assure a safe and productive working environment for the 
railroad industry.

SEC. 119. POSITIVE TRAIN CONTROL SYSTEM PROGRESS REPORT.

    The Secretary of Transportation shall make annual progress reports 
to the Committees of the Senate and of the House of Representatives 
with jurisdiction over railroads on the development, deployment, and 
demonstration of Positive Train Control Systems.

SEC. 120. PASSENGER CAR SAFETY STANDARDS.

    Section 20133 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Minimum Standards.--
            ``(1) The Secretary shall issue regulations establishing 
        minimum standards for the safety of cars used by railroads to 
        transport passengers. The regulations shall address, at a 
        minimum, crashworthiness of the cars, interior features 
        (including luggage restraints, seat belts, and exposed 
        surfaces) that may affect passenger safety; maintenance and 
        inspection of the cars; emergency response procedures and 
        equipment; and any operating rules and conditions that directly 
        affect safety not otherwise governed by regulations or orders. 
        The Secretary may make applicable some or all of these 
        standards to cars existing at the time of the issuance of the 
        regulations as well as to new cars, and the Secretary shall 
        explain in the rulemaking document the basis for making such 
        standards applicable to existing cars.
            ``(2) The Secretary shall issue initial standards for 
        railroad passenger safety, including standards addressing core 
        safety concerns for which research has been completed, within 3 
        years after the date of enactment of the Federal Railroad 
        Safety Authorization Act of 1994. The initial standards may 
        except equipment used by historical, scenic, and excursion 
        railroads to transport passengers. The Secretary shall complete 
        the issuance of passenger safety standards required by this 
        section within 5 years after such date.
            ``(3) The Secretary is authorized to establish within the 
        Department of Transportation 2 additional full time equivalent 
        positions beyond the number currently authorized by existing 
        law to assist with the drafting, issuance, and implementation 
        of the regulations described in paragraph (1).''.

SEC. 121. GRANT AUTHORITY.

    Section 103 of title 49, United States Code, is amended by 
redesignating subsection (d) as (e), and by inserting after subsection 
(c) the following new subsection:
    ``(d) Subject to the provisions of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the 
Secretary may make, enter into, and perform such contracts, grants, 
leases, cooperative agreements, and other similar transactions with 
Federal or other public agencies (including State and local 
governments) and private organizations and persons, and to make such 
payments, by way of advance or reimbursement, as the Secretary may 
determine to be necessary or appropriate to carry out functions of the 
Federal Railroad Administration. The authority of the Secretary granted 
by this subsection shall be carried out by the Administrator. 
Notwithstanding any other provision of this chapter, no authority to 
enter into contracts or to make payments under this subsection shall be 
effective, except as provided for in appropriation Acts.''.

SEC. 122. TOURIST RAILROADS.

    Section 20103 of title 49, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(f) In prescribing regulations that pertain to safety that affect 
tourist, historic, or excursion railroad carriers, the Secretary shall 
take into consideration any financial, operational, or other factors 
that may be unique to such railroad carriers. The Secretary shall 
submit a report to Congress not later than September 30, 1995, on 
efforts made to revise and update regulations that pertain to safety 
that affect tourist, historical, or excursion railroad carriers. The 
report shall address the financial, operational, and other factors that 
may be unique to these railroads.''.

                  TITLE II--HIGH RISK DRIVERS PROGRAM

SEC. 201. SHORT TITLE.

    This Act may be cited as the ``High Risk Drivers Act of 1994''.

           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 four of the nine criteria 
                specified in paragraph (3);
                    ``(ii) in the second year of receiving such grants, 
                meets five of such criteria;
                    ``(iii) in the third year of receiving such grants, 
                meets six of such criteria;
                    ``(iv) in the fourth year of receiving such grants, 
                meets seven of such criteria; and
                    ``(v) in fifth year of receiving such grants, meets 
                seven of such criteria.
            ``(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 nine 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 all front seat and 
                rear seat occupants of any motor vehicle shall use 
                safety belts.
                    ``(D) 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.
                    ``(E) 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.
                    ``(F) 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.
                    ``(G) 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.
                    ``(H) 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.
                    ``(I) The State has a law or regulation that--
                            ``(i) 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;
                            ``(ii) 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;
                            ``(iii) requires that the vehicle be 
                        returned to the owner if the vehicle was a 
                        stolen vehicle at the time of the violation; 
                        and
                            ``(iv) 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.
    ``(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) Provision of insurance information.--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 
        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.
            ``(3) Readily distinguishable licenses for young drivers.--
        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 the provisional driver's 
                license, or full driver's license, of any driver under 
                21 years of age be readily distinguishable from the 
                licenses of drivers who are 21 years of age or older, 
                through the use of special background, marking, 
                profile, or any other features, consistent with any 
                guidelines developed by the Secretary in cooperation 
                with the American Association of Motor Vehicle 
                Administrators; and
                    ``(B) employs the Social Security number as a 
                common identifier on every driver's license so as to 
                facilitate the transfer of traffic records among 
                States.
            ``(4) Driver training prerequisite.--For purposes of this 
        section, a State is eligible for a supplemental grant 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 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.
            ``(5) 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.
            ``(6) Provisional license requirement after license 
        suspension or revocation.--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 that any driver 
        whose driving privilege is restored after license suspension or 
        revocation resulting from a traffic safety violation shall for 
        at least 1 year be subject to the following:
                    ``(A) The restored license shall be immediately 
                suspended, for a period to be determined by the 
                Secretary, upon the driver's conviction of any moving 
                traffic safety violation, except that the Secretary may 
                by regulation define limited circumstances under which 
                the State may waive this immediate suspension 
                requirement.
                    ``(B) A full driver's license shall be issued only 
                after the driver has held a provisional license for at 
                least 1 year with a clean driving record, as described 
                in subsection (e)(2)(B).
                    ``(C) The driver shall be--
                            ``(i) deemed to be driving while 
                        intoxicated if the driver has a blood alcohol 
                        concentration of .02 percent or greater; or
                            ``(ii) prohibited from operating a motor 
                        vehicle with such a blood alcohol 
                        concentration.
            ``(7) 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.
            ``(8) Oversight of alcohol sales to underage drinkers.--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 
        appropriated 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 exercises effective oversight of 
        colleges and universities to ensure that colleges and 
        universities do not provide, and do not allow the selling of, 
        alcohol to individuals under 21 years of age.
    ``(g) Applicability of Chapter 1.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title that are 
        applicable to National Highway System funds, other than 
        provisions relating to the apportionment formula and provisions 
        limiting the expenditure of such funds to the Federal-aid 
        systems, shall apply to the funds authorized to be appropriated 
        to carry out this section.
            ``(2) Inconsistent provisions.--If the Secretary determines 
        that a provision of chapter 1 of this title is inconsistent 
        with this section, such provision shall not apply to funds 
        authorized to be appropriated to carry out this section.
            ``(3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal year by a 
        State and its political subdivisions (exclusive of Federal 
        funds) for carrying out the State highway safety program (other 
        than planning and administration) shall be available for the 
        purpose of crediting such State during such fiscal year for the 
        non-Federal share of the cost of any project under this section 
        (other than one for planning or administration) without regard 
        to whether such expenditures were actually made in connection 
        with such project.
            ``(4) Increased federal share for certain indian tribe 
        programs.--In the case of a local highway safety program 
        carried out by an Indian tribe, if the Secretary is satisfied 
        that an Indian tribe does not have sufficient funds available 
        to meet the non-Federal share of the cost of such program, the 
        Secretary may increase the Federal share of the cost thereof 
        payable under this title to the extent necessary.
            ``(5) Treatment of term `state highway department'.--In 
        applying provisions of chapter 1 in carrying out this section, 
        the term `State highway department' as used in such provisions 
        shall mean the Governor of a State and, in the case of an 
        Indian tribe program, the Secretary of the Interior.
    ``(h) 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, and $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 2000, and $1,500,000 is 
authorized for each of the fiscal years 2001 through 2005, 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.

    (b) Increase in Amounts Available for Alcohol-impaired Driving 
Countermeasures Grants.--In addition to any amount otherwise 
appropriated or available for such use, the Secretary of Transportation 
is authorized to obligate $15,000,000 for fiscal years 1995, 1996, and 
1997 for the purpose of carrying out section 410 of title 23, United 
States Code.
    (c) Source of Funds.--The Secretary of Transportation shall 
transfer amounts obligated under this section for fiscal years 1995, 
1996, 1997, and 1998 from any amounts authorized but not appropriated 
to carry out section 31102 of title 49, United States Code.
    Amend the title so as to read: To authorize appropriations to carry 
out certain Federal railroad safety laws, and for other purposes.
S 2132 RS----2
S 2132 RS----3
S 2132 RS----4
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