(K) If a State has procedures for licensing
or permitting entities to do business, procedures
for the revocation of the license or permit to do
business of any excavator determined to be a
habitual violator of the requirements of the
State program.
(3) WORKSHOPS.—Within 6 months after the
date of enactment of this Act, and annually there-
after, the Secretary shall conduct workshops with fa-
cility operators, excavators, one-call notification sys-
tem operators, and State and local governments in
order to develop, amend, and promote the model
program, and to provide an opportunity to share in-
formation among such parties and to recognize State
programs that exemplify the goals of this title.
(c) PUBLIC EDUCATION.—The Secretary shall de-
velop, in conjunction with facility operators, excavators,
one-call notification system operators, and State and local
governments, public service announcements and other edu-
cational materials and programs to be broadcast or pub-
lished to educate the public about one-call notification sys-
tems, including the national phone number.
SEC. 109. STATE REPORTS.
(a) REQUIREMENT.—
(1) INITIAL REPORT.—Within 3 years after the
date of enactment of this Act, each State shall sub-
mit to the Secretary a report on progress made in
implementing this title.
(2) STATUS REPORTS.—Within 41⁄2 years after
the date of enactment of this Act, and annually
thereafter, each State shall report to the Secretary
on the status of its State program, if any, and its
requirements, and any other information the Sec-
retary requires.
(b) SIMPLIFIED REPORTING FORM.—Within 3 years
after the date of enactment of this Act, the Secretary shall
develop and distribute to the States a simplified form for
complying with the reporting requirements of subsection
(a)(2).
SEC. 110. FEDERAL REPORT.
The Secretary shall report annually to Congress on
the number and circumstances surrounding accidents
caused by routine railroad maintenance.
SEC. 111. MORE PROTECTIVE SYSTEMS.
Nothing in this title prohibits a State from imple-
menting a one-call notification system that provides great-
er protection for underground facilities from damage due
to excavation than a system established pursuant to this
title.
SEC. 112. USE OF TECHNOLOGIES FOR REMOTE AND
ABOVE-GROUND PIPELINE LOCATION.
The Secretary shall consult with other agencies as to
the availability and affordability of technologies which will
help relocate pipelines from above-ground and remote loca-
tions.
SEC. 113. VISION WAIVER STUDY PROGRAM.
In order to further substantiate research carried out
by the Secretary in fiscal year 1992 under the vision waiv-
er study program, the Secretary shall carry out a follow-
up study to such program to include drivers who otherwise
would have qualified to participate in the initial vision
waiver study but for the time limits on applications and
the failure to learn of the program in a timely manner.
Any study issued under this section shall comply with the
requirements of section 31136(e) of title 49, United States
Code, and applicable case law.
SEC. 114. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available under this title
should be American-made.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this title, the Admin-
istrator of the Research and Special Programs Adminis-
tration of the Department of Transportation, to the great-
est extent practicable, shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a).
TITLE II—HIGH RISK DRIVERS
PROGRAM
Subtitle A—High-Risk and Alcohol-
Impaired Drivers
SEC. 211. FINDINGS.
The Congress makes the following findings:
(1) The Nation’s traffic fatality rate has de-
clined 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 popu-
lation 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 trag-
ic loss demands that the Federal Government inten-
sify 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, inad-
equate 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 De-
partment of Transportation, working cooperatively
with the States, student groups, and other organiza-
tions, 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 traf-
fic 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 trans-
portation 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 vigor-
ous and sustained program of research, technical as-
sistance, evaluation, and other appropriate activities
that are designed to reduce the fatality and crash
rate of older drivers who have identifiable risk char-
acteristics.
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 driv-
ing 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 guide-
lines and technologies for the nondiscriminatory
evaluation and licensing of high risk drivers are ad-
vanced;
(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 infor-
mation systems are advanced as a means of identify-
ing 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 re-
garding the perceptual, cognitive, and decision making
skills needed for safe driving and to improve driver train-
ing; and shall investigate the most effective means of inte-
grating licensing, training, and other techniques for pre-
paring 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:
‘‘§ 411. Programs for young drivers
‘‘(a) GENERAL AUTHORITY.—Subject to the provi-
sions of this section, the Secretary shall make basic and
supplemental grants to those States which adopt and im-
plement programs for young drivers which include meas-
ures, 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 per-
cent of the cost of implementing and enforcing in
such fiscal year such program.
‘‘(d) MAXIMUM AMOUNT OF BASIC GRANTS.—Sub-
ject 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 grad-
uated licensing program for drivers under 18
years of age that meets the requirements of
paragraph (2); and
‘‘(B)(i) in the first year of receiving grants
under this section, meets 3 of the 7 criteria
specified in paragraph (3);
‘‘(ii) in the second year of receiving such
grants, meets 4 of such criteria;
‘‘(iii) in the third year of receiving such
grants, meets 5 of such criteria;
‘‘(iv) in the fourth year of receiving such
grants, meets 6 of such criteria; and
‘‘(v) in the fifth year of receiving such
grants, meets 6 of such criteria.
For purposes of subparagraph (B), a State shall be
treated as having met one of the requirements of
paragraph (3) for any year if the State demonstrates
to the satisfaction of the Secretary that, for the 3
preceding years, the alcohol fatal crash involvement
rate for individuals under the age of 21 has declined
in that State and the alcohol fatal crash involvement
rate for such individuals has been lower in that
State than the average such rate for all States.
‘‘(2) GRADUATED LICENSING PROGRAM.—
‘‘(A) A State receiving a grant under this
section shall establish and maintain a grad-
uated licensing program consisting of the fol-
lowing licensing stages for any driver under 18
years of age:
‘‘(i) An instructional license, valid for
a minimum period determined by the Sec-
retary, under which the licensee shall not
operate a motor vehicle unless accom-
panied 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 adminis-
tered 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 mov-
ing traffic violation during the applicable
period;
‘‘(ii) has not been assessed points
against the license because of safety viola-
tions during such period; and
‘‘(iii) has satisfied such other require-
ments 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 eligi-
ble 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 ap-
plicable 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 receiv-
ing a grant under this section, the Secretary
may waive the clean driving record requirement
of subparagraph (A)(iii) if the State submits
satisfactory evidence of its efforts to establish
such a requirement.
‘‘(3) CRITERIA FOR BASIC GRANT.—The 7 cri-
teria 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 con-
centration of 0.02 percent or greater when driv-
ing a motor vehicle shall be deemed to be driv-
ing while intoxicated for the purpose of (i) ad-
ministrative or judicial sanctions or (ii) a law or
regulation that prohibits any individual under
21 years of age with a blood alcohol concentra-
tion of 0.02 percent or greater from driving a
motor vehicle.
‘‘(B) The State has a law or regulation
that provides a mandatory minimum penalty of
at least $500 for anyone who in violation of
State law or regulation knowingly, or without
checking for proper identification, provides or
sells alcohol to any individual under 21 years of
age.
‘‘(C) The State requires that the license of
a driver under 21 years of age be suspended for
a period specified by the State if such driver is
convicted of the unlawful purchase or public
possession of alcohol. The period of suspension
shall be at least 6 months for a first conviction
and at least 12 months for a subsequent convic-
tion; except that specific license restrictions
may be imposed as an alternative to such mini-
mum periods of suspension where necessary to
avoid undue hardship on any individual.
‘‘(D) The State conducts youth-oriented
traffic safety enforcement activities, and edu-
cation and training programs—
‘‘(i) with the participation of judges
and prosecutors, that are designed to en-
sure 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 en-
sure compliance with such traffic safety
laws and regulations.
‘‘(E) The State prohibits the possession of
any open alcoholic beverage container, or the
consumption of any alcoholic beverage, in the
passenger area of any motor vehicle located on
a public highway or the right-of-way of a public
highway; except as allowed in the passenger
area, by persons (other than the driver), of a
motor vehicle designed to transport more than
10 passengers (including the driver) while being
used to provide charter transportation of pas-
sengers.
‘‘(F) The State provides, to a parent or
legal guardian of any provisional licensee, gen-
eral information prepared with the assistance of
the insurance industry on the effect of traffic
safety convictions and at-fault accidents on in-
surance rates for young drivers.
‘‘(G) The State requires that a provisional
driver’s license may be issued only to a driver
who has satisfactorily completed a State-accept-
ed driver education and training program that
meets Department of Transportation guidelines
and includes information on the interaction of
alcohol and controlled substances and the effect
of such interaction on driver performance, and
information on the importance of motorcycle
helmet use and safety belt use.
‘‘(f) SUPPLEMENTAL GRANT PROGRAM.—
‘‘(1) EXTENDED APPLICATION OF PROVISIONAL
LICENSE REQUIREMENT.—For purposes of this sec-
tion, 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 driv-
er’s license until the driver has held a provisional li-
cense for at least 1 year with a clean driving record
as described in subsection (e)(2)(B).
‘‘(2) REMEDIAL DRIVER EDUCATION.—For pur-
poses of this section, a State is eligible for a supple-
mental 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 re-
medial instruction for any driver under 21 years of
age who is convicted of reckless driving, excessive
speeding, driving under the influence of alcohol, or
driving while intoxicated.
‘‘(3) RECORD OF SERIOUS CONVICTIONS; HA-
BITUAL
OR
REPEAT
OFFENDER
SANCTIONS.—For
purposes of this section, a State is eligible for a sup-
plemental grant for a fiscal year in an amount, sub-
ject 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 seri-
ous traffic safety conviction of a driver be main-
tained on the driver’s permanent traffic record
for at least 10 years after the date of the con-
viction; 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 seri-
ous traffic safety violations.
‘‘(4) INTERSTATE DRIVER LICENSE COMPACT.—
The State is a member of and substantially complies
with the interstate agreement known as the Driver
License Compact, promptly and reliably transmits
and receives through electronic means interstate
driver record information (including information on
commercial drivers) in cooperation with the Sec-
retary 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