Calendar No. 669

103D CONGRESS

2D SESSION S. 2132

A BILL

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

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Railroad Safe5 ty Authorization Act of 1994’’.
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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

2 Section 214(a) of the Federal Railroad Safety Act of

3 1970 (45 U.S.C. 444(a)) is amended by striking the first

4 sentence and inserting in lieu thereof the following:

5 ‘‘There are authorized to be appropriated to carry out this

6 Act not to exceed $68,289,000 for fiscal year 1995 and

7 such sums as may be necessary for fiscal years 1996,

8 1997, and 1998.’’.

9 SEC. 3. HOURS OF SERVICE PILOT PROJECT.

10 (a) IN GENERAL.—The Hours of Service Act (45

11 U.S.C. 61 et seq.) is amended by adding at the end the

12 following new section:

13 ‘‘SEC. 7. HOURS OF SERVICE PILOT PROJECT.

14 ‘‘(a) A railroad or railroads, and all labor organiza15 tions representing any directly affected covered service

16 employees of the railroad or railroads, may jointly petition

17 the Secretary of Transportation for approval of one or

18 more pilot projects to demonstrate the possible benefits

19 of implementing alternatives to the requirements of this

20 Act, including, but not limited to, those concerning maxi21 mum on-duty and minimum off-duty periods. Based on

22 such a joint petition, the Secretary, after notice and op23 portunity for comment, may waive, in whole or in part,

24 compliance with this Act for a period of no more than 2

25 years, if the Secretary determines that such waiver of com26 pliance is in the public interest and is consistent with rail-
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1 road safety. Any such waiver may, based on a new peti2 tion, be extended for additional periods of up to 2 years,

3 after notice and opportunity for comment. An explanation

4 of any waiver granted under this section shall be published

5 in the Federal Register.

6 ‘‘(b) The Secretary shall submit to Congress no later

7 than June 1, 1996, a report that explains and analyzes

8 the effectiveness of any pilot projects approved under this

9 section.’’.

10 (b) CIVIL PENALTY.—The first sentence of section

11 5(a)(1) of the Hours of Service Act (45 U.S.C. 64a(a)(1))

12 is amended by inserting immediately before ‘‘shall be lia13 ble’’ the following: ‘‘or that violates any provision of a

14 waiver applicable to that person that has been granted

15 under section 7 of this Act,’’.

16 SEC. 4. TECHNICAL AMENDMENT TO FEDERAL RAILROAD

17 SAFETY ACT OF 1970.

18 The first sentence of section 209(f) of the Federal

19 Railroad Safety Act of 1970 (45 U.S.C. 438(f)) is amend20 ed by inserting ‘‘any of the Federal railroad safety laws,

21 as defined in section 212(e) of this title (except for the

22 Hazardous Materials Transportation Act), or’’ imme23 diately after ‘‘individual’s violation of’’.
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1 SEC. 5. BIENNIAL REPORTING ON IMPLEMENTATION OF

2 FEDERAL RAILROAD SAFETY ACT OF 1970.

3 (a) IN GENERAL.—Section 211(a) of the Federal

4 Railroad Safety Act of 1970 (45 U.S.C. 440(a)) is amend5 ed—

6 (1) in the first sentence, by striking ‘‘on or be7 fore July 1 of each year a comprehensive report on

8 the administration of this title for the preceding cal9 endar year’’ and inserting in lieu thereof ‘‘every 2

10 years, on or before July 1 of the year due, a com11 prehensive report on the administration of this title

12 for the preceding 2 calendar years’’;

13 (2) in paragraph (1), by striking ‘‘occurring in

14 such year’’ and inserting in lieu thereof ‘‘occurring

15 during each of the 2 preceding calendar years, by

16 calendar year’’;

17 (3) in paragraphs (2), (3), and (6), respectively,

18 by striking ‘‘year’’ and inserting in lieu thereof

19 ‘‘years’’; and

20 (4) in paragraphs (9) and (10), by striking

21 ‘‘during the preceding calendar year’’ each place it

22 appears and inserting in lieu thereof ‘‘during the

23 preceding 2 calendar years’’.

24 (b) CONFORMING AMENDMENT.—The section head25 ing for section 211 of the Federal Railroad Safety Act

26 of 1970 (45 U.S.C. 440) is amended by striking ‘‘AN-
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1 NUAL REPORT’’ and inserting in lieu thereof ‘‘BIENNIAL

2 REPORT’’.

3 SECTION. 1. SHORT TITLES.

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

5 ‘‘Federal Railroad Safety Authorization Act of 1994’’.

6 (b) TITLE II.—Title II of this Act may be cited as

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

8 TITLE I—FEDERAL RAILROAD

9 SAFETY

10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

11 Section 20117(a)(1) of title 49, United States Code,

12 is amended by inserting after subparagraph (B) the follow13 ing:

14 ‘‘(C) $68,289,000 for the fiscal year ending

15 September 30, 1995.

16 ‘‘(D) $75,112,000 for the fiscal year ending

17 September 30, 1996.

18 ‘‘(E) $82,563,000 for the fiscal year ending

19 September 30, 1997.

20 ‘‘(F) $90,739,000 for the fiscal year ending

21 September 30, 1998.’’.

22 SEC. 102. HOURS OF SERVICE PILOT PROJECT.

23 (a) IN GENERAL.—Chapter 211 of title 49, United

24 States Code, is amended by adding at the end the following

25 new section:
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1 ‘‘§ 12108. Hours of service pilot project

2 ‘‘(a) PILOT PROJECTS AUTHORIZED.—A railroad or

3 railroads, and all labor organizations representing any di4 rectly affected covered service employees of the railroad or

5 railroads, may jointly petition the Secretary of Transpor6 tation for approval of one or more pilot projects to dem7 onstrate the possible benefits and costs of implementing al8 ternatives to the requirements of this Act, including, but

9 not limited to, those concerning maximum on-duty and

10 minimum off-duty periods. Based on such a joint petition,

11 the Secretary, after notice and opportunity for comment,

12 may waive, in whole or in part, compliance with this Act

13 for a period of no more than 2 years, if the Secretary deter14 mines that such waiver of compliance is in the public inter15 est and is consistent with railroad safety. Any such waiver

16 may, based on a new petition, be extended for additional

17 periods of up to 2 years, after notice and opportunity for

18 comment. An explanation of any waiver granted under this

19 section shall be published in the Federal Register.

20 ‘‘(b) REPORT.—The Secretary shall submit to Congress

21 no later than June 1, 1996, an interim report that discusses

22 the status of the pilot project program and a final report

23 by January 1, 1998, that explains and analyzes the impact

24 on safety, railroad operating conditions, railroad oper25 ations, and potential benefits of any pilot projects approved

26 under this section.’’.
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1 (b) CIVIL PENALTY.—The first sentence of section

2 21303(a) of title 49, United States Code, is amended by

3 inserting a comma and ‘‘or a provision of a waiver granted

4 under section 12108 of this title,’’ after ‘‘of this title’’ the

5 second place it appears.

6 (c) CLERICAL AMENDMENT.—The table of sections for

7 chapter 211 of title 49, United States Code, is amended by

8 adding at the end thereof the following:

‘‘12108. Hours of service pilot project.’’.

9 SEC. 103. TECHNICAL AMENDMENT TO FEDERAL RAILROAD

10 SAFETY ACT OF 1970.

11 Section 20111(c) of title 49, United States Code, is

12 amended by inserting ‘‘this chapter or any of the laws

13 transferred to the jurisdiction of the Secretary of Transpor14 tation by subsection (e)(1), (2), or (6)(A) of section 6 of

15 the Department of Transportation Act, as such Act is in

16 effect on June 1, 1994, or’’ after ‘‘individual’s violation of’’.

17 SEC. 104. BIENNIAL REPORTING ON IMPLEMENTATION OF

18 FEDERAL RAILROAD SAFETY ACT OF 1970.

19 (a) IN GENERAL.—Section 20116 of title 49, United

20 States Code, is amended by striking ‘‘not later than July

21 1 of each year a report on carrying out this chapter for

22 the prior calendar year’’ in the first sentence and inserting

23 ‘‘every 2 years, on or before July 1, a report on carrying

24 out this chapter for the preceding 2 calendar years’’.
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1 (b) CONFORMING AMENDMENT.—The section heading

2 for that section is amended by striking ‘‘Annual report’’

3 and inserting in lieu thereof ‘‘Biennial report’’.

4 SEC. 105. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

5 (a) AMENDMENT OF REGULATIONS.—The Secretary of

6 Transportation shall conduct a rulemaking proceeding to

7 amend the regulations under section 500.407 of title 23,

8 Code of Federal Regulations, to require that each highway

9 safety management system developed, established, and im10 plemented by a State shall, among countermeasures and

11 priorities established under subsection (b)(2) of that sec12 tion—

13 (1) include public railroad-highway grade-cross14 ing closure plans that are aimed at eliminating high15 risk or redundant crossings (as defined by the Sec16 retary);

17 (2) include railroad-highway grade-crossing poli18 cies that limit the creation of new at-grade crossings

19 for vehicle or pedestrian traffic, recreational use, or

20 any other purpose; and

21 (3) include plans for State policies, programs,

22 and resources to further reduce death and injury at

23 high-risk railroad-highway grade crossings.

24 (b) DEADLINE.—The Secretary of Transportation shall

25 complete the rulemaking proceeding described in subsection
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1 (a) and prescribe the required amended regulations, not

2 later than one year after the date of enactment of this Act.

3 SEC. 106. EMERGENCY NOTIFICATION OF GRADE-CROSSING

4 PROBLEMS.

5 Section 20134 of title 49, United States Code, is

6 amended by adding at the end thereof the following new

7 subsection:

8 ‘‘(d) PILOT PROGRAMS.—

9 ‘‘(1) The Secretary of Transportation shall con10 duct a pilot program to demonstrate an emergency

11 notification system utilizing a toll free telephone

12 number that the public can use to convey to railroads,

13 either directly or through public safety personnel, in14 formation about malfunctions or other safety prob15 lems at railroad-highway grade crossings. The pilot

16 program, at a minimum—

17 ‘‘(A) shall include railroad-highway grade

18 crossings in at least 2 States,

19 ‘‘(B) shall include provisions for public edu20 cation and awareness of the program, and

21 ‘‘(C) shall require information to be posted

22 at the railroad-highway grade crossing describ23 ing the emergency notification system and in24 structions on how to use the system.
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1 The Secretary may, by grant, provide funding for the

2 expense of information signs and public awareness

3 campaigns necessary to demonstrate the notification

4 system.

5 ‘‘(2) The Secretary shall complete the pilot pro6 gram not later than 24 months after the date of en7 actment of the Federal Railroad Safety Authorization

8 Act of 1994, and shall submit to the Congress not

9 later than 30 months after that date an evaluation of

10 the pilot program, together with findings as to the ef11 fectiveness of such emergency notification systems.

12 The report shall compare and contrast the structure,

13 cost, and effectiveness of the pilot program with other

14 emergency notification systems in effect within other

15 States. Such evaluation shall include analyses of the

16 safety benefits derived from the programs, cost effec17 tiveness, and the burdens on participants, including

18 the railroads and law enforcement personnel.

19 ‘‘(3) Unless the Secretary determines that—

20 ‘‘(A) the national notification system would

21 not be a cost-effective means of providing timely

22 and accurate notification of railroad-highway

23 grade crossing safety emergencies; or

24 ‘‘(B) State-level notification systems evalu25 ated by the Secretary offer a clearly superior
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1 means of providing such notification, and the

2 Secretary includes in the report to the Congress

3 under paragraph (2) a strategy and schedule for

4 extending such systems to other States;

5 then the Secretary shall establish, and shall issue im6 plementing regulations for, a national notification

7 system, within 24 months after the date on which the

8 report is issued. The regulations shall include provi9 sions requiring railroads to erect and maintain ap10 propriate signs and to provide necessary railroad11 highway grade crossing information to the United

12 States DOT/AAR Rail-Highway Grade Crossing In13 ventory.

14 ‘‘(4) In addition to sums authorized under sec15 tion 20117(a)(1) of this title, there are authorized to

16 be appropriated to carry out this section not to exceed

17 $700,000 for fiscal year 1995, $250,000 for fiscal year

18 1996, $800,000 for fiscal year 1997, and $400,000 for

19 fiscal year 1998.’’.

20 SEC. 107. OPERATION LIFESAVER.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi22 tion to amounts otherwise authorized by law, there are au23 thorized to be appropriated for railroad research and devel24 opment $300,000 for fiscal year 1995, $500,000 for fiscal
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1 year 1996, and $750,000 for fiscal year 1997, to support

2 Operation Lifesaver, Inc.

3 (b) PROGRAM REQUIREMENTS.—The Secretary of

4 Transportation shall not provide financial assistance from

5 any amount appropriated for railroad research and devel6 opment to Operation Lifesaver, Inc., in excess of $150,000

7 for any fiscal year unless—

8 (1) such excess funding is for the development

9 and implementation of a national, multi-year, multi10 media public information and law enforcement pro11 gram for the reduction of fatalities and serious inju12 ries involving railroad-highway grade crossings and

13 trespassing on railroad rights-of-way and property;

14 and

15 (2) at least 30 percent of the costs of developing

16 and implementing such program is provided from

17 non-Federal sources, including States and railroads.

18 (c) SECRETARY OR DELEGATES TO SERVE EX OFFICIO

19 ON BOARDS OF RECIPIENT ORGANIZATIONS.—In order to

20 ensure maximum coordination and effectiveness in carrying

21 out the Operation Lifesaver program, the Secretary of

22 Transportation or, by delegation, the Administrator of the

23 Federal Railroad Administration and the Administrator of

24 the Federal Highway Administration, is authorized to

25 serve, ex officio, as a member of the board of directors (or
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1 similar governing body) of any organization receiving

2 funds made available by the Secretary for carrying out a

3 program of public information and education to reduce or

4 prevent motor vehicle accidents, injuries, and fatalities, or

5 to improve driver performance, at railroad-highway grade

6 crossings, and to prevent trespassing on railroad rights-of7 way and resulting injuries and fatalities.

8 SEC. 108. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

9 (a) IN GENERAL.—In implementing the Intelligent Ve10 hicle-Highway Systems Act of 1991 (23 U.S.C. 307 note),

11 the Secretary of Transportation shall ensure that the Na12 tional Intelligent Vehicle-Highway Systems Program ad13 dresses, in a comprehensive and coordinated manner, the

14 use of intelligent vehicle-highway technologies to promote

15 safety at railroad-highway grade crossings. The Secretary

16 of Transportation shall ensure that two or more operational

17 tests funded under such Act shall promote highway traffic

18 safety and railroad safety.

19 SEC. 109. VIOLATION OF GRADE-CROSSING LAWS AND REG20 ULATIONS.

21 (a) FEDERAL REGULATIONS.—Section 31311 of title

22 49, United States Code, is amended by adding at the end

23 the following new subsection:

24 ‘‘(h) GRADE-CROSSING VIOLATIONS.—
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1 ‘‘(1) SANCTIONS.—The Secretary shall issue reg2 ulations establishing sanctions and penalties relating

3 to violations, by persons operating commercial motor

4 vehicles, of laws and regulations pertaining to rail5 road-highway grade crossings.

6 ‘‘(2) MINIMUM REQUIREMENTS.—Regulations is7 sued under paragraph (1) shall, at a minimum, re8 quire that—

9 ‘‘(A) the penalty for a single violation shall

10 not be less than a 60-day disqualification of the

11 driver’s commercial driver’s license; and

12 ‘‘(B) any employer that knowingly allows,

13 permits, authorizes, or requires an employee to

14 operate a commercial motor vehicle in violation

15 of such a law or regulation shall be subject to a

16 civil penalty of not more than $10,000.’’.

17 (b) DEADLINE.—The initial regulations required

18 under section 31310(h) of title 49, United States Code, shall

19 be issued not later than one year after the date of enactment

20 of this Act.

21 (c) STATE REGULATIONS.—Section 31311(a) of title

22 49, United States Code, is amended by adding at the end

23 the following new paragraph:
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1 ‘‘(18) GRADE-CROSSING REGULATIONS.—The

2 State shall adopt and enforce regulations prescribed

3 by the Secretary under section 31310(h) of this title.’’.

4 SEC. 110. SAFETY ENFORCEMENT.

5 (a) COOPERATION BETWEEN FEDERAL AND STATE

6 AGENCIES.—The National Highway Traffic Safety Admin7 istration, and the Office of Motor Carriers within the Fed8 eral Highway Administration, shall on a continuing basis

9 cooperate and work with the National Association of Gov10 ernors’ Highway Safety Representatives, the Commercial

11 Vehicle Safety Alliance, and Operation Lifesaver, Inc., to

12 improve compliance with and enforcement of laws and reg13 ulations pertaining to railroad-highway grade crossings.

14 (b) REPORT.—The Secretary of Transportation shall

15 submit a report to Congress by January 1, 1996, indicating

16 (1) how the Department worked with the above mentioned

17 entities to improve the awareness of the highway and com18 mercial vehicle safety and law enforcement communities of

19 regulations and safety challenges at railroad-highway grade

20 crossings, and (2) how resources are being allocated to better

21 address these challenges and enforce such regulations.

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

23 SAFETY.

24 The Secretary of Transportation, in conjunction with

25 a university or college having expertise in highway, traffic,
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1 and railroad safety, shall establish, within one year of en2 actment of this Act, an Institute for Railroad and Grade3 Crossing Safety. The Institute shall research, develop, fund,

4 or test measures for reducing the number of fatalities and

5 injuries in railroad operations, focusing on improvements

6 in railroad-highway grade-crossing safety, railroad tres7 passing, prevention, and enforcement. There is hereby au8 thorized to be appropriated to the Secretary $1,000,000 for

9 each of the fiscal years 1996 through 2000 to fund activities

10 under the preceding sentence carried out by the Institute,

11 which shall report at least once each year on its use of such

12 funds in carrying out such activities and the results thereof

13 to the Secretary of Transportation and the Congress.

14 SEC. 112. RAILROAD GRADE-CROSSING TRESPASSING AND

15 VANDALISM PREVENTION STRATEGY.

16 (a) EVALUATION OF EXISTING LAWS.—In consultation

17 with affected parties, the Secretary of Transportation shall

18 evaluate and review current local, State, and Federal laws

19 regarding trespassing on railroad property and vandalism

20 affecting railroad safety, and develop model prevention

21 strategies and enforcement laws to be used for the consider22 ation of State and local legislatures and governmental enti23 ties. The first such evaluation and review shall be completed

24 within 1 year after the date of enactment of this Act. The
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1 Secretary shall revise such model prevention strategies and

2 enforcement codes periodically.

3 (b) OUTREACH PROGRAM.—The Secretary shall de4 velop and maintain a comprehensive outreach program to

5 improve communications among Federal railroad safety in6 spectors, State inspectors certified by the Federal Railroad

7 Administration, railroad police, and State and local law

8 enforcement officers, for the purpose of addressing trespass9 ing and vandalism problems on the railroads and railroad

10 property, and strengthening relevant enforcement strategies.

11 This program shall be designed to increase public and police

12 awareness of the illegality of, dangers inherent in, and the

13 extent of, trespassing on railroad rights-of-way, to develop

14 strategies to improve the prevention of trespassing and van15 dalism, and to improve the enforcement of laws relating to

16 railroad trespass, vandalism, and grade crossings safety.

17 (c) MODEL LEGISLATION.—Within 18 months after the

18 date of enactment of this Act, the Secretary, after consulta19 tion with State and local governments, shall develop and

20 make available to State and local governments model State

21 legislation providing for—

22 (1) civil or criminal penalties, or both, for van23 dalism of railroad equipment or property which could

24 affect the safety of the public or of railroad employees;

25 and
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1 (2) civil or criminal penalties, or both, for tres2 passing on a railroad owned or leased right-of-way.

3 SEC. 113. WARNING OF CIVIL LIABILITY.

4 The Secretary of Transportation shall encourage rail5 roads to warn the public about potential liability for viola6 tion of regulations related to vandalism of railroad-high7 way grade crossing signs, devices, and equipment and to

8 trespass on railroad property.

9 SEC. 114. LOCOMOTIVE WHISTLE BAN PROHIBITION.

10 (a) PROHIBITION.—No State or political subdivision

11 thereof shall enact or enforce a locomotive whistle ban with

12 respect to any railroad-highway grade crossing or series of

13 railroad-highway grade crossings after December 31, 1995,

14 unless, consistent with regulations issued under subsection

15 (c), one of the following actions has been taken with respect

16 to a crossing or series of crossings (as determined by the

17 Secretary)—

18 (1) the affected crossing is closed during the

19 hours covered by the ban;

20 (2) crossing gates and median barriers have been

21 installed and are operational;

22 (3) 4-quadrant gates have been installed and are

23 operating; or

24 (4) other effective safety measures, described in

25 regulations issued by the Secretary (including regula-
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1 tions involving the demonstration and evaluation of

2 new safety measures), are in place at an affected

3 crossing or series of crossings.

4 (b) TESTING.—The Secretary of Transportation is au5 thorized to approve the testing of railroad-highway grade

6 crossing safety measures, including demonstration and

7 evaluation of such measures at railroad-highway grade

8 crossings.

9 (c) REGULATIONS.—By January 1, 1996, the Sec10 retary of Transportation shall issue regulations implement11 ing this section. These regulations shall include—

12 (1) standards for safety measures identified in

13 paragraphs (1), (2), and (3) of subsection (a);

14 (2) identification of any additional safety meas15 ures that provide an equivalent level of safety to that

16 provided by the safety measures identified in para17 graphs (2) and (3) of subsection (a); and

18 (3) procedures for securing approval to dem19 onstrate new railroad-highway grade crossing safety

20 measures at railroad-highway grade crossings.

21 SEC. 115. RAILROAD CAR VISIBILITY.

22 (a) REVIEW OF RULES.—The Secretary of Transpor23 tation shall conduct a review of the Department of Trans24 portation’s rules with respect to railroad car visibility. As

25 part of this review, the Secretary shall collect relevant data
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1 from operational experience by railroads having enhanced

2 visibility measures in service. The Secretary shall also con3 duct such research as may be required to establish whether

4 enhanced visibility of railroad cars would improve driver

5 behavior and thereby reduce railroad-highway grade cross6 ing accidents.

7 (b) REGULATIONS.—If the review and research con8 ducted under subsection (a) establishes that enhanced rail9 road car visibility would likely enhance safety in a cost10 effective manner, the Secretary shall initiate a rulemaking

11 proceeding to issue regulations requiring substantially en12 hanced visibility standards for newly manufactured and re13 manufactured railroad cars. In such proceeding the Sec14 retary shall consider, at a minimum—

15 (1) visibility from the perspective of an auto16 mobile driver;

17 (2) whether certain railroad car paint colors

18 should be prohibited or required;

19 (3) the use of reflective materials;

20 (4) the visibility of lettering on railroad cars;

21 (5) the effect of any enhanced visibility measures

22 on the health and safety of train crew members; and

23 (6) the cost/benefit ratio of any new regulations.

24 (c) EXCLUSIONS.—In issuing regulations under sub25 section (b), the Secretary may exclude from any specific vis-
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1 ibility requirement any category of trains or railroad oper2 ations if the Secretary determines that such an exclusion

3 is in the public interest and is consistent with railroad safe4 ty including railroad-highway crossing safety.

5 SEC. 116. CROSSING ELIMINATION; STATEWIDE CROSSING

6 FREEZE.

7 (a) STATEMENT OF POLICY.—

8 (1) Railroad-highway grade crossings present in9 herent hazards to the safety of railroad operations

10 and to the safety of persons using those crossings. It

11 is in the public interest—

12 (A) to eliminate redundant and high risk

13 railroad-highway grade crossings; and

14 (B) to limit the creation of new crossings to

15 the minimum necessary to provide for the rea16 sonable mobility of the American people and

17 their property, including emergency access.

18 (2) Elimination of redundant and high-risk rail19 road-highway grade crossings is necessary to permit

20 optimum use of available funds to improve the safety

21 of remaining crossings, including funds provided

22 under Federal law.

23 (3) Effective programs to reduce the number of

24 unneeded railroad-highway grade crossings, and to

25 close those crossings that cannot be made reasonably
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1 safe (due to reasons of topography, angles of intersec2 tion, etc.), require the partnership of Federal, State,

3 and local officials and agencies, and affected rail4 roads.

5 (4) Promotion of a balanced national transpor6 tation system requires that highway planning specifi7 cally take into consideration the interface between

8 highways and the national railroad system.

9 (b) PARTNERSHIP AND OVERSIGHT.—The Secretary

10 shall foster a partnership among Federal, State, and local

11 transportation officials and agencies to reduce the number

12 of railroad-highway grade crossings and to improve safety

13 at remaining crossings. The Secretary shall make provision

14 for periodic review to ensure that each State (including

15 State subdivisions and local governments) is making sub16 stantial, continued progress toward achievement of the pur17 poses of this section.

18 (c) CROSSING FREEZE.—If, upon review, and after op19 portunity for a hearing, the Secretary determines that a

20 State or political subdivision thereof has failed to make sub21 stantial, continued progress toward achievement of the pur22 poses of this section, then the Secretary shall impose a limit

23 on the maximum number of public railroad-highway grade

24 crossings in that State. The limitation imposed by the Sec25 retary under this subsection shall remain in effect until the
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1 State demonstrates compliance with the requirements of this

2 section. In addition, the Secretary may, for a period of not

3 more than 3 years after such a determination, require com4 pliance with specific numeric targets for net reductions in

5 the number of railroad-highway grade crossings (including

6 specification of hazard categories with which such crossings

7 are associated).

8 (d) REGULATIONS.—The Secretary shall issue such

9 regulations as may be necessary to carry out this section.

10 SEC. 117. RESEARCH PRIORITIES.

11 (a) 5-YEAR PLAN.—

12 (1) The Secretary of Transportation shall submit

13 to Congress a 5-year strategic plan that will dem14 onstrate improved programs to enhance railroad safe15 ty (including human factors and railroad-highway

16 grade-crossing safety), the prevention of trespassing

17 on railroad property, and the prevention of vandal18 ism to railroad-highway grade crossing safety devices

19 and signs. With respect to human factors, the strate20 gic plan shall establish a comprehensive program to

21 investigate workload, stress, and fatigue, operator

22 training, ergonomics, operating rules, and other areas

23 judged appropriate by the Secretary.
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1 (2) The plan shall be incorporated into the re2 search, technology development, and testing priorities

3 of the Federal Railroad Administration.

4 (3) The plan shall be submitted to Congress no

5 later than January 1, 1996.

6 (4) There are authorized to be appropriated for

7 conducting such programs $3,500,000 for each of the

8 fiscal years 1996 through 1999.

9 (b) PARTICIPATION OF OTHER AGENCIES.—In carry10 ing out the activities authorized by this Act, the Secretary

11 shall cooperate with other Federal agencies and seek to

12 maximize the use of Federal monies to apply defense-related

13 technologies to railroad-highway grade crossing safety, tres14 passing prevention, and other railroad-safety initiatives.

15 SEC. 118. COORDINATION WITH THE DEPARTMENT OF

16 LABOR.

17 The Secretary of Transportation shall consult with the

18 Secretary of Labor on a regular basis to assure that all

19 applicable laws affecting safe working conditions for rail20 road employees are appropriately enforced to assure a safe

21 and productive working environment for the railroad in22 dustry.
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1 SEC. 119. POSITIVE TRAIN CONTROL SYSTEM PROGRESS

2 REPORT.

3 The Secretary of Transportation shall make annual

4 progress reports to the Committees of the Senate and of the

5 House of Representatives with jurisdiction over railroads

6 on the development, deployment, and demonstration of

7 Positive Train Control Systems.

8 SEC. 120. PASSENGER CAR SAFETY STANDARDS.

9 Section 20133 of title 49, United States Code, is

10 amended by adding at the end the following new subsection:

11 ‘‘(d) MINIMUM STANDARDS.—

12 ‘‘(1) The Secretary shall issue regulations estab13 lishing minimum standards for the safety of cars used

14 by railroads to transport passengers. The regulations

15 shall address, at a minimum, crashworthiness of the

16 cars, interior features (including luggage restraints,

17 seat belts, and exposed surfaces) that may affect pas18 senger safety; maintenance and inspection of the cars;

19 emergency response procedures and equipment; and

20 any operating rules and conditions that directly af21 fect safety not otherwise governed by regulations or

22 orders. The Secretary may make applicable some or

23 all of these standards to cars existing at the time of

24 the issuance of the regulations as well as to new cars,

25 and the Secretary shall explain in the rulemaking
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1 document the basis for making such standards appli2 cable to existing cars.

3 ‘‘(2) The Secretary shall issue initial standards

4 for railroad passenger safety, including standards ad5 dressing core safety concerns for which research has

6 been completed, within 3 years after the date of enact7 ment of the Federal Railroad Safety Authorization

8 Act of 1994. The initial standards may except equip9 ment used by historical, scenic, and excursion rail10 roads to transport passengers. The Secretary shall

11 complete the issuance of passenger safety standards

12 required by this section within 5 years after such

13 date.

14 ‘‘(3) The Secretary is authorized to establish

15 within the Department of Transportation 2 addi16 tional full time equivalent positions beyond the num17 ber currently authorized by existing law to assist with

18 the drafting, issuance, and implementation of the reg19 ulations described in paragraph (1).’’.

20 SEC. 121. GRANT AUTHORITY.

21 Section 103 of title 49, United States Code, is amended

22 by redesignating subsection (d) as (e), and by inserting

23 after subsection (c) the following new subsection:

24 ‘‘(d) Subject to the provisions of the Federal Property

25 and Administrative Services Act of 1949 (40 U.S.C. 471
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1 et seq.), the Secretary may make, enter into, and perform

2 such contracts, grants, leases, cooperative agreements, and

3 other similar transactions with Federal or other public

4 agencies (including State and local governments) and pri5 vate organizations and persons, and to make such pay6 ments, by way of advance or reimbursement, as the Sec7 retary may determine to be necessary or appropriate to

8 carry out functions of the Federal Railroad Administration.

9 The authority of the Secretary granted by this subsection

10 shall be carried out by the Administrator. Notwithstanding

11 any other provision of this chapter, no authority to enter

12 into contracts or to make payments under this subsection

13 shall be effective, except as provided for in appropriation

14 Acts.’’.

15 SEC. 122. TOURIST RAILROADS.

16 Section 20103 of title 49, United States Code, is

17 amended by adding at the end thereof the following new

18 subsection:

19 ‘‘(f) In prescribing regulations that pertain to safety

20 that affect tourist, historic, or excursion railroad carriers,

21 the Secretary shall take into consideration any financial,

22 operational, or other factors that may be unique to such

23 railroad carriers. The Secretary shall submit a report to

24 Congress not later than September 30, 1995, on efforts made

25 to revise and update regulations that pertain to safety that
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1 affect tourist, historical, or excursion railroad carriers. The

2 report shall address the financial, operational, and other

3 factors that may be unique to these railroads.’’.

4 TITLE II—HIGH RISK DRIVERS

5 PROGRAM

6 SEC. 201. SHORT TITLE.

7 This Act may be cited as the ‘‘High Risk Drivers Act

8 of 1994’’.

9 SUBTITLE A—HIGH-RISK AND

10 ALCOHOL-IMPAIRED DRIVERS

11 SEC. 211. FINDINGS.

12 The Congress makes the following findings:

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

14 from 5.5 deaths per 100 million vehicle miles traveled

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

16 per 100 million vehicle miles traveled during 1992. In

17 order to further this desired trend, the safety pro18 grams and policies implemented by the Department of

19 Transportation must be continued, and at the same

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

21 risk drivers of all ages must be strengthened.

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

23 death among teenagers, and teenage drivers tend to be

24 at fault for their fatal crashes more often than older

25 drivers. Drivers who are 16 to 20 years old comprised
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1 7.4 percent of the United States population in 1991

2 but were involved in 15.4 percent of fatal motor vehi3 cle crashes. Also, on the basis of crashes per 100,000

4 licensed drivers, young drivers are the highest risk

5 group of drivers.

6 (3) During 1991, 6,630 teenagers from age 15

7 through 20 died in motor vehicle crashes. This tragic

8 loss demands that the Federal Government intensify

9 its efforts to promote highway safety among members

10 of this high risk group.

11 (4) The consumption of alcohol, speeding over al12 lowable limits or too fast for road conditions, inad13 equate use of occupant restraints, and other high risk

14 behaviors are several of the key causes for this tragic

15 loss of young drivers and passengers. The Department

16 of Transportation, working cooperatively with the

17 States, student groups, and other organizations, must

18 reinvigorate its current programs and policies to ad19 dress more effectively these pressing problems of teen20 age drivers.

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

22 who are particularly susceptible to injury, were in23 volved in 12 percent of all motor vehicle traffic crash

24 fatalities. These deaths accounted for 4,828 fatalities

25 out of 41,462 total traffic fatalities.
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1 (6) The number of older Americans who drive is

2 expected to increase dramatically during the next 30

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

4 Department of Transportation has supported an ex5 tremely limited program concerning older drivers. Re6 search on older driver behavior and licensing has suf7 fered from intermittent funding at amounts that were

8 insufficient to address the scope and nature of the

9 challenges ahead.

10 (7) A major objective of United States transpor11 tation policy must be to promote the mobility of older

12 Americans while at the same time ensuring public

13 safety on our Nation’s highways. In order to accom14 plish these two objectives simultaneously, the Depart15 ment of Transportation must support a vigorous and

16 sustained program of research, technical assistance,

17 evaluation, and other appropriate activities that are

18 designed to reduce the fatality and crash rate of older

19 drivers who have identifiable risk characteristics.

20 SEC. 212. DEFINITIONS.

21 For purposes of this subtitle—

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

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

24 based on vehicle crash rates, fatality rates, traffic

25 safety violation rates, and other factors specified by
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1 the Secretary, presents a risk of injury to the driver

2 and other individuals that is higher than the risk pre3 sented by the average driver.

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

5 Transportation.

6 SEC. 213. POLICY AND PROGRAM DIRECTION.

7 (a) GENERAL RESPONSIBILITY OF SECRETARY.—The

8 Secretary shall develop and implement effective and com9 prehensive policies and programs to promote safe driving

10 behavior by young drivers, older drivers, and repeat viola11 tors of traffic safety regulations and laws.

12 (b) SAFETY PROMOTION ACTIVITIES.—The Secretary

13 shall promote or engage in activities that seek to ensure

14 that—

15 (1) cost effective and scientifically-based guide16 lines and technologies for the nondiscriminatory eval17 uation and licensing of high risk drivers are ad18 vanced;

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

20 control, and evaluation programs are improved;

21 (3) uniform or compatible State driver point

22 systems and other licensing and driver record infor23 mation systems are advanced as a means of identify24 ing and initially evaluating high risk drivers; and
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1 (4) driver training programs and the delivery of

2 such programs are advanced.

3 (c) DRIVER TRAINING RESEARCH.—The Secretary

4 shall explore the feasibility and advisability of using cost

5 efficient simulation and other technologies as a means of

6 enhancing driver training; shall advance knowledge regard7 ing the perceptual, cognitive, and decision making skills

8 needed for safe driving and to improve driver training; and

9 shall investigate the most effective means of integrating li10 censing, training, and other techniques for preparing novice

11 drivers for the safe use of highway systems.

12 SUBTITLE B—YOUNG DRIVER

13 PROGRAMS

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

15 (a) ESTABLISHMENT OF GRANT PROGRAM.—Chapter

16 4 of title 23, United States Code, is amended by adding

17 at the end the following new section:

18 ‘‘§ 411. Programs for young drivers

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

20 of this section, the Secretary shall make basic and supple21 mental grants to those States which adopt and implement

22 programs for young drivers which include measures, de23 scribed in this section, to reduce traffic safety problems re24 sulting from the driving performance of young drivers.
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1 Such grants may only be used by recipient States to imple2 ment and enforce such measures.

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

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

5 such State enters into such agreements with the Secretary

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

7 maintain its aggregate estimated expenditures from all

8 other sources for programs for young drivers at or above

9 the average level of such expenditures in its 2 fiscal years

10 preceding the fiscal year in which the High Risk Drivers

11 Act of 1994 is enacted.

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

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

14 share payable for any grant under this section shall not

15 exceed—

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

17 grant under this section, 75 percent of the cost of im18 plementing and enforcing in such fiscal year the

19 young driver program adopted by the State pursuant

20 to subsection (a);

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

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

23 implementing and enforcing in such fiscal year such

24 program; and
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1 ‘‘(3) in the third, fourth, and fifth fiscal years

2 the State receives a grant under this section, 25 per3 cent of the cost of implementing and enforcing in such

4 fiscal year such program.

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

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

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

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

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

10 under section 402 of this title. A grant to a State under

11 this section shall be in addition to the State’s apportion12 ment under section 402, and basic grants during any fiscal

13 year may be proportionately reduced to accommodate an

14 applicable statutory obligation limitation for that fiscal

15 year.

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

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

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

19 ‘‘(A) establishes and maintains a graduated

20 licensing program for drivers under 18 years of

21 age that meets the requirements of paragraph

22 (2); and

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

24 under this section, meets four of the nine criteria

25 specified in paragraph (3);
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1 ‘‘(ii) in the second year of receiving such

2 grants, meets five of such criteria;

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

4 grants, meets six of such criteria;

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

6 grants, meets seven of such criteria; and

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

8 meets seven of such criteria.

9 ‘‘(2) GRADUATED LICENSING PROGRAM.—

10 ‘‘(A) A State receiving a grant under this

11 section shall establish and maintain a graduated

12 licensing program consisting of the following li13 censing stages for any driver under 18 years of

14 age:

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

16 a minimum period determined by the Sec17 retary, under which the licensee shall not

18 operate a motor vehicle unless accompanied

19 in the front passenger seat by the holder of

20 a full driver’s license.

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

22 which shall not be issued unless the driver

23 has passed a written examination on traffic

24 safety and has passed a roadtest adminis-
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1 tered by the driver licensing agency of the

2 State.

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

4 not be issued until the driver has held a

5 provisional license for at least 1 year with

6 a clean driving record.

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

8 subsection (f)(1), and subsection (f)(6)(B), a pro9 visional licensee has a clean driving record if the

10 licensee—

11 ‘‘(i) has not been found, by civil or

12 criminal process, to have committed a mov13 ing traffic violation during the applicable

14 period;

15 ‘‘(ii) has not been assessed points

16 against the license because of safety viola17 tions during such period; and

18 ‘‘(iii) has satisfied such other require19 ments as the Secretary may prescribe by

20 regulation.

21 ‘‘(C) The Secretary shall determine the con22 ditions under which a State shall suspend provi23 sional driver’s licenses in order to be eligible for

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

25 provisional license shall be subject to driver con-
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1 trol actions that are stricter than those applica2 ble to the holder of a full driver’s license, includ3 ing warning letters and suspension at a lower

4 point threshold.

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

6 a grant under this section, the Secretary may

7 waive the clean driving record requirement of

8 subparagraph (A)(iii) if the State submits satis9 factory evidence of its efforts to establish such a

10 requirement.

11 ‘‘(3) CRITERIA FOR BASIC GRANT.—The nine cri12 teria referred to in paragraph (1)(B) are as follows:

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

14 under 21 years of age with a blood alcohol con15 centration of 0.02 percent or greater when driv16 ing a motor vehicle shall be deemed to be driving

17 while intoxicated for the purpose of (i) adminis18 trative or judicial sanctions or (ii) a law or reg19 ulation that prohibits any individual under 21

20 years of age with a blood alcohol concentration

21 of 0.02 percent or greater from driving a motor

22 vehicle.

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

24 provides a mandatory minimum penalty of at

25 least $500 for anyone who in violation of State
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1 law or regulation knowingly, or without checking

2 for proper identification, provides or sells alcohol

3 to any individual under 21 years of age.

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

5 and rear seat occupants of any motor vehicle

6 shall use safety belts.

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

8 a driver under 21 years of age be suspended for

9 a period specified by the State if such driver is

10 convicted of the unlawful purchase or public pos11 session of alcohol. The period of suspension shall

12 be at least 6 months for a first conviction and

13 at least 12 months for a subsequent conviction;

14 except that specific license restrictions may be

15 imposed as an alternative to such minimum pe16 riods of suspension where necessary to avoid

17 undue hardship on any individual.

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

19 traffic safety enforcement activities, and edu20 cation and training programs—

21 ‘‘(i) with the participation of judges

22 and prosecutors, that are designed to ensure

23 enforcement of traffic safety laws and regu24 lations, including those that prohibit driv25 ers under 21 years of age from driving
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1 while intoxicated, restrict the unauthorized

2 use of a motor vehicle, and establish other

3 moving violations; and

4 ‘‘(ii) with the participation of student

5 and youth groups, that are designed to en6 sure compliance with such traffic safety

7 laws and regulations.

8 ‘‘(F) The State is a member of and substan9 tially complies with the interstate agreement

10 known as the Driver License Compact, promptly

11 and reliably transmits and receives through elec12 tronic means interstate driver record informa13 tion (including information on commercial driv14 ers) in cooperation with the Secretary and other

15 States, and develops and achieves demonstrable

16 annual progress in implementing a plan to en17 sure that (i) each court of the State report expe18 ditiously to the State driver licensing agency all

19 traffic safety convictions, license suspensions, li20 cense revocations, or other license restrictions,

21 and driver improvement efforts sanctioned or or22 dered by the court, and that (ii) such records be

23 available electronically to appropriate govern24 ment officials (including enforcement, officers,
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1 judges, and prosecutors) upon request at all

2 times.

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

4 any open alcoholic beverage container, or the

5 consumption of any alcoholic beverage, in the

6 passenger area of any motor vehicle located on a

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

8 highway; except as allowed in the passenger

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

10 motor vehicle designed to transport more than 10

11 passengers (including the driver) while being

12 used to provide charter transportation of pas13 sengers.

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

15 provides a minimum penalty of at least $100 for

16 anyone who in violation of State law or regula17 tion drives any vehicle through, around, or

18 under any crossing, gate, or barrier at a rail19 road crossing while such gate or barrier is closed

20 or being opened or closed.

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

22 that—

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

24 any political subdivision thereof of any ve25 hicle driven by an individual in violation
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1 of an alcohol-related traffic safety law, if

2 such violator has been convicted on more

3 than one occasion of an alcohol-related traf4 fic offense within any 5-year period begin5 ning after the date of enactment of this sec6 tion, or has been convicted of driving while

7 his or her driver’s license is suspended or

8 revoked by reason of a conviction for such

9 an offense;

10 ‘‘(ii) mandates that the vehicle be for11 feited to the State or a political subdivision

12 thereof if the vehicle was solely owned by

13 such violator at the time of the violation;

14 ‘‘(iii) requires that the vehicle be re15 turned to the owner if the vehicle was a sto16 len vehicle at the time of the violation; and

17 ‘‘(iv) authorizes the vehicle to be re18 leased to a member of such violator’s fam19 ily, the co-owner, or the owner, if the vehicle

20 was not a stolen vehicle and was not solely

21 owned by such violator at the time of the

22 violation, and if the family member, co23 owner, or owner, prior to such release, exe24 cutes a binding agreement that the family

25 member, co-owner, or owner will not permit
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1 such violator to drive the vehicle and that

2 the vehicle shall be forfeited to the State or

3 a political subdivision thereof in the event

4 such violator drives the vehicle with the per5 mission of the family member, co-owner, or

6 owner.

7 ‘‘(f) SUPPLEMENTAL GRANT PROGRAM.—

8 ‘‘(1) EXTENDED APPLICATION OF PROVISIONAL

9 LICENSE REQUIREMENT.—For purposes of this sec10 tion, a State is eligible for a supplemental grant for

11 a fiscal year in an amount, subject to subsection (c),

12 not to exceed 10 percent of the amount apportioned

13 to such State for fiscal year 1989 under section 402

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

15 and in addition such State requires that a driver

16 under 21 years of age shall not be issued a full driv17 er’s license until the driver has held a provisional li18 cense for at least 1 year with a clean driving record

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

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

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

22 supplemental grant for a fiscal year in an amount,

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

24 amount apportioned to such State for fiscal year 1989

25 under section 402 of this title if such State is eligible
43

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

2 to a parent or legal guardian of any provisional li3 censee, general information prepared with the assist4 ance of the insurance industry on the effect of traffic

5 safety convictions and at-fault accidents on insurance

6 rates for young drivers.

7 ‘‘(3) READILY DISTINGUISHABLE LICENSES FOR

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

9 State is eligible for a supplemental grant for a fiscal

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

11 exceed 5 percent of the amount apportioned to such

12 State for fiscal year 1989 under section 402 of this

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

14 addition such State—

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

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

17 under 21 years of age be readily distinguishable

18 from the licenses of drivers who are 21 years of

19 age or older, through the use of special back20 ground, marking, profile, or any other features,

21 consistent with any guidelines developed by the

22 Secretary in cooperation with the American As23 sociation of Motor Vehicle Administrators; and

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

25 a common identifier on every driver’s license so
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1 as to facilitate the transfer of traffic records

2 among States.

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

4 purposes of this section, a State is eligible for a sup5 plemental grant in an amount, subject to subsection

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

7 to such State for fiscal year 1989 under section 402

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

9 and in addition such State requires that a provi10 sional driver’s license may be issued only to a driver

11 who has satisfactorily completed a State-accepted

12 driver education and training program that meets

13 Department of Transportation guidelines and in14 cludes information on the interaction of alcohol and

15 controlled substances and the effect of such interaction

16 on driver performance, and information on the im17 portance of motorcycle helmet use and safety belt use.

18 ‘‘(5) REMEDIAL DRIVER EDUCATION.—For pur19 poses of this section, a State is eligible for a supple20 mental grant for a fiscal year in an amount, subject

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

22 amount apportioned to such State for fiscal year 1989

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

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

25 at a lower point threshold than for other drivers, re-
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1 medial driver improvement instruction for drivers

2 under 21 years of age and requires such remedial in3 struction for any driver under 21 years of age who

4 is convicted of reckless driving, excessive speeding,

5 driving under the influence of alcohol, or driving

6 while intoxicated.

7 ‘‘(6) PROVISIONAL LICENSE REQUIREMENT

8 AFTER LICENSE SUSPENSION OR REVOCATION.—For

9 purposes of this section, a State is eligible for a sup10 plemental grant for a fiscal year in an amount, sub11 ject to subsection (c), not to exceed 5 percent of the

12 amount apportioned to such State for fiscal year 1989

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

14 for a basic grant and in addition such State requires

15 that any driver whose driving privilege is restored

16 after license suspension or revocation resulting from

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

18 subject to the following:

19 ‘‘(A) The restored license shall be imme20 diately suspended, for a period to be determined

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

22 any moving traffic safety violation, except that

23 the Secretary may by regulation define limited

24 circumstances under which the State may waive

25 this immediate suspension requirement.
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1 ‘‘(B) A full driver’s license shall be issued

2 only after the driver has held a provisional li3 cense for at least 1 year with a clean driving

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

5 ‘‘(C) The driver shall be—

6 ‘‘(i) deemed to be driving while intoxi7 cated if the driver has a blood alcohol con8 centration of .02 percent or greater; or

9 ‘‘(ii) prohibited from operating a

10 motor vehicle with such a blood alcohol con11 centration.

12 ‘‘(7) RECORD OF SERIOUS CONVICTIONS; HABIT13 UAL OR REPEAT OFFENDER SANCTIONS.—For pur14 poses of this section, a State is eligible for a supple15 mental grant for a fiscal year in an amount, subject

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

17 amount apportioned to such State for fiscal year 1989

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

19 for a basic grant and in addition such State—

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

21 traffic safety conviction of a driver be main22 tained on the driver’s permanent traffic record

23 for at least 10 years after the date of the convic24 tion; and
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1 ‘‘(B) provides additional sanctions for any

2 driver who, following conviction of a serious

3 traffic safety violation, is convicted during the

4 next 10 years of one or more subsequent serious

5 traffic safety violations.

6 ‘‘(8) OVERSIGHT OF ALCOHOL SALES TO UNDER7 AGE DRINKERS.—For purposes of this section, a State

8 is eligible for a supplemental grant for a fiscal year

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

10 5 percent of the amount appropriated to such State

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

12 such State is eligible for a basic grant and in addi13 tion such State exercises effective oversight of colleges

14 and universities to ensure that colleges and univer15 sities do not provide, and do not allow the selling of,

16 alcohol to individuals under 21 years of age.

17 ‘‘(g) APPLICABILITY OF CHAPTER 1.—

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

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

20 title that are applicable to National Highway System

21 funds, other than provisions relating to the apportion22 ment formula and provisions limiting the expenditure

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

24 to the funds authorized to be appropriated to carry

25 out this section.
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1 ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec2 retary determines that a provision of chapter 1 of this

3 title is inconsistent with this section, such provision

4 shall not apply to funds authorized to be appro5 priated to carry out this section.

6 ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI7 TURES.—The aggregate of all expenditures made dur8 ing any fiscal year by a State and its political sub9 divisions (exclusive of Federal funds) for carrying out

10 the State highway safety program (other than plan11 ning and administration) shall be available for the

12 purpose of crediting such State during such fiscal

13 year for the non-Federal share of the cost of any

14 project under this section (other than one for plan15 ning or administration) without regard to whether

16 such expenditures were actually made in connection

17 with such project.

18 ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN

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

20 highway safety program carried out by an Indian

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

22 does not have sufficient funds available to meet the

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

24 Secretary may increase the Federal share of the cost
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1 thereof payable under this title to the extent nec2 essary.

3 ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY DE4 PARTMENT’.—In applying provisions of chapter 1 in

5 carrying out this section, the term ‘State highway de6 partment’ as used in such provisions shall mean the

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

8 tribe program, the Secretary of the Interior.

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

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

11 $9,000,000 for the fiscal year ending September 30, 1996,

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

13 and $14,000,000 for the fiscal year ending September 30,

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

15 1999, and $18,000,000 for the fiscal year ending September

16 30, 2000.’’.

17 (b) CONFORMING AMENDMENT.—The analysis of chap18 ter 4 of title 23, United States Code, is amended by insert19 ing immediately after the item relating to section 410 the

20 following new item:

‘‘411. Programs for young drivers.’’.

21 (c) DEADLINES FOR ISSUANCE OF REGULATIONS.—

22 The Secretary shall issue and publish in the Federal Reg23 ister proposed regulations to implement section 411 of title

24 23, United States Code (as added by this section), not later

25 than 6 months after the date of enactment of this Act. The
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1 final regulations for such implementation shall be issued,

2 published in the Federal Register, and transmitted to Con3 gress not later than 12 months after such date of enactment.

4 SEC. 222. PROGRAM EVALUATION.

5 (a) EVALUATION BY SECRETARY.—The Secretary

6 shall, under section 403 of title 23, United States Code, con7 duct an evaluation of the effectiveness of State provisional

8 driver’s licensing programs and the grant program author9 ized by section 411 of title 23, United States Code (as added

10 by section 101 of this Act).

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

12 Secretary shall transmit a report on the results of the eval13 uation conducted under subsection (a) and any related re14 search to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Public Works

16 and Transportation of the House of Representatives. The

17 report shall include any related recommendations by the

18 Secretary for legislative changes.

19 SUBTITLE C—OLDER DRIVER

20 PROGRAMS

21 SEC. 231. OLDER DRIVER SAFETY RESEARCH.

22 (a) RESEARCH ON PREDICTABILITY OF HIGH RISK

23 DRIVING.—

24 (1) The Secretary shall conduct a program that

25 funds, within budgetary limitations, the research
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1 challenges presented in the Transportation Research

2 Board’s report entitled ‘‘Research and Development

3 Needs for Maintaining the Safety and Mobility of

4 Older Drivers’’ and the research challenges pertaining

5 to older drivers presented in a report to Congress by

6 the National Highway Traffic Safety Administration

7 entitled ‘‘Addressing the Safety Issues Related to

8 Younger and Older Drivers’’.

9 (2) To the extent technically feasible, the Sec10 retary shall consider the feasibility and further the

11 development of cost efficient, reliable tests capable of

12 predicting increased risk of accident involvement or

13 hazardous driving by older high risk drivers.

14 (b) SPECIALIZED TRAINING FOR LICENSE EXAMIN15 ERS.—The Secretary shall encourage and conduct research

16 and demonstration activities to support the specialized

17 training of license examiners or other certified examiners

18 to increase their knowledge and sensitivity to the transpor19 tation needs and physical limitations of older drivers, in20 cluding knowledge of functional disabilities related to driv21 ing, and to be cognizant of possible countermeasures to deal

22 with the challenges to safe driving that may be associated

23 with increasing age.

24 (c) COUNSELING PROCEDURES AND CONSULTATION

25 METHODS.—The Secretary shall encourage and conduct re-
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1 search and disseminate information to support and encour2 age the development of appropriate counseling procedures

3 and consultation methods with relatives, physicians, the

4 traffic safety enforcement and the motor vehicle licensing

5 communities, and other concerned parties. Such procedures

6 and methods shall include the promotion of voluntary ac7 tion by older high risk drivers to restrict or limit their driv8 ing when medical or other conditions indicate such action

9 is advisable. The Secretary shall consult extensively with

10 the American Association of Retired Persons, the American

11 Association of Motor Vehicle Administrators, the American

12 Occupational Therapy Association, the American Auto13 mobile Association, the Department of Health and Human

14 Services, the American Public Health Association, and

15 other interested parties in developing educational materials

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

17 and the driver licensing process.

18 (d) ALTERNATIVE TRANSPORTATION MEANS.—The

19 Secretary shall ensure that the agencies of the Department

20 of Transportation overseeing the various modes of surface

21 transportation coordinate their policies and programs to

22 ensure that funds authorized under the Intermodal Surface

23 Transportation Efficiency Act of 1991 (Public Law 102–

24 240; 105 Stat. 1914) and implementing Department of

25 Transportation and Related Agencies Appropriation Acts
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1 take into account the transportation needs of older Ameri2 cans by promoting alternative transportation means when3 ever practical and feasible.

4 (e) STATE LICENSING PRACTICES.—The Secretary

5 shall encourage State licensing agencies to use restricted li6 censes instead of canceling a license whenever such action

7 is appropriate and if the interests of public safety would

8 be served, and to closely monitor the driving performance

9 of older drivers with such licenses. The Secretary shall en10 courage States to provide educational materials of benefit

11 to older drivers and concerned family members and physi12 cians. The Secretary shall promote licensing and relicensing

13 programs in which the applicant appears in person and

14 shall promote the development and use of cost effective

15 screening processes and testing of physiological, cognitive,

16 and perception factors as appropriate and necessary. Not

17 less than one model State program shall be evaluated in

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

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

20 $250,000 is authorized for each such fiscal year for such

21 evaluation.

22 (f) IMPROVEMENT OF MEDICAL SCREENING.—The Sec23 retary shall conduct research and other activities designed

24 to support and encourage the States to establish and main25 tain medical review or advisory groups to work with State
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1 licensing agencies to improve and provide current informa2 tion on the screening and licensing of older drivers. The

3 Secretary shall encourage the participation of the public in

4 these groups to ensure fairness and concern for the safety

5 and mobility needs of older drivers.

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

7 implementing the Intelligent Vehicle-Highway Systems Act

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

9 that the National Intelligent Vehicle-Highway Systems Pro10 gram devotes sufficient attention to the use of intelligent

11 vehicle-highway systems to aid older drivers in safely per12 forming driver functions. Federally-sponsored research, de13 velopment, and operational testing shall ensure the ad14 vancement of night vision improvement systems, technology

15 to reduce the involvement of older drivers in accidents oc16 curring at intersections, and other technologies of particu17 lar benefit to older drivers.

18 (h) TECHNICAL EVALUATIONS UNDER INTERMODAL

19 SURFACE TRANSPORTATION EFFICIENCY ACT.—In conduct20 ing the technical evaluations required under section 6055

21 of the Intermodal Surface Transportation Efficiency Act of

22 1991 (Public Law 102–240; 105 Stat. 2192), the Secretary

23 shall ensure that the safety impacts on older drivers are

24 considered, with special attention being devoted to ensuring

25 adequate and effective exchange of information between the
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1 Department of Transportation and older drivers or their

2 representatives.

3 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the

4 funds authorized under section 403 of title 23, United

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

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

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

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

9 and (f).

10 SUBTITLE D—HIGH RISK

11 DRIVERS

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

13 OF ALL HIGH RISK DRIVERS.

14 (a) IN GENERAL.—Within 1 year after the date of en15 actment of this Act, the Secretary shall complete a study

16 to determine whether additional or strengthened Federal ac17 tivities, authority, or regulatory actions are desirable or

18 necessary to improve or strengthen the driver record and

19 control systems of the States to identify high risk drivers

20 more rapidly and ensure prompt intervention in the licens21 ing of high risk drivers. The study, which shall be based

22 in part on analysis obtained from a request for information

23 published in the Federal Register, shall consider steps nec24 essary to ensure that State traffic record systems are unam-
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1 biguous, accurate, current, accessible, complete, and (to the

2 extent useful) uniform among the States.

3 (b) SPECIFIC MATTERS FOR CONSIDERATION.—Such

4 study shall at a minimum consider—

5 (1) whether specific legislative action is nec6 essary to improve State traffic record systems;

7 (2) the feasibility and practicality of further en8 couraging and establishing a uniform traffic ticket ci9 tation and control system;

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

11 system to be adopted by the States;

12 (4) the need for all the States to participate in

13 the Driver License Reciprocity Program conducted by

14 the American Association of Motor Vehicle Adminis15 trators;

16 (5) ways to encourage the States to cross-ref17 erence driver license files and motor vehicle files to fa18 cilitate the identification of individuals who may not

19 be in compliance with driver licensing laws; and

20 (6) the feasibility of establishing a national pro21 gram that would limit each driver to one driver’s li22 cense from only one State at any time.

23 (c) EVALUATION OF NATIONAL INFORMATION SYS24 TEMS.—As part of the study required by this section, the

25 Secretary shall consider and evaluate the future of the na-
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1 tional information systems that support driver licensing.

2 In particular, the Secretary shall examine whether the

3 Commercial Driver’s License Information System, the Na4 tional Driver Register, and the Driver License Reciprocity

5 program should be more closely linked or continue to exist

6 as separate information systems and which entities are best

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

8 The Secretary shall cooperate with the American Associa9 tion of Motor Vehicle Administrators in carrying out this

10 evaluation.

11 SEC. 242. STATE PROGRAMS FOR HIGH RISK DRIVERS.

12 The Secretary shall encourage and promote State driv13 er evaluation, assistance, or control programs for high risk

14 drivers. These programs may include in-person license reex15 aminations, driver education or training courses, license re16 strictions or suspensions, and other actions designed to im17 prove the operating performance of high risk drivers.

18 SUBTITLE E—FUNDING

19 SEC. 251. FUNDING.

20 (b) INCREASE IN AMOUNTS AVAILABLE FOR ALCOHOL21 IMPAIRED DRIVING COUNTERMEASURES GRANTS.—In ad22 dition to any amount otherwise appropriated or available

23 for such use, the Secretary of Transportation is authorized

24 to obligate $15,000,000 for fiscal years 1995, 1996, and
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1 1997 for the purpose of carrying out section 410 of title

2 23, United States Code.

3 (c) SOURCE OF FUNDS.—The Secretary of Transpor4 tation shall transfer amounts obligated under this section

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

6 amounts authorized but not appropriated to carry out sec7 tion 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.

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