103D CONGRESS
2D SESSION
H. R. 5248
AN ACT
To require States to consider adopting mandatory, com-
prehensive, Statewide one-call notification systems to
protect natural gas and hazardous liquid pipelines and
all other underground facilities from being damaged by
any excavations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—ONE-CALL
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Comprehensive One-
Call Notification Act of 1994’’.
SEC. 102. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) DAMAGE.—The term ‘‘damage’’ means any
impact or contact with an underground facility, its
appurtenances, or its protective coating, or weaken-
ing of the support for the facility or protective hous-
ing, which requires repair.
(2) 
EXCAVATION.—The 
term 
‘‘excavation’’
means any operation in which earth, rock, or other
material in the ground is moved, removed, or other-
wise displaced by means of any mechanized tools or
equipment, or any explosive, but shall not include—
(A) any generally accepted normal agricul-
tural practices and activities taken in support
thereof, as determined by each State, including
tilling of the soil for agricultural purposes to a
depth of 18 inches or less;
(B) generally accepted normal lawn and
garden activities, as determined by each State;
(C) the excavation of a gravesite in a cem-
etery; and
(D) routine railroad maintenance as long
as such maintenance would disturb the ground
to a depth of no more than 18 inches as meas-
ured from the surface of the ground and the
railroad has rules requiring underground facili-
ties other than its own to be buried 3 feet or
lower on its property or along its right-of-way.
When a facility operator believes that its under-
ground facility is not buried 3 feet or lower on rail-
road property or right-of-way, the facility operator
may request permission to enter the railroad prop-
erty or right-of-way for the purpose of assessing the
depth of such underground facility and report its
finding to the railroad.
(3) EXCAVATOR.—The term ‘‘excavator’’ means
a person who conducts excavation.
(4) FACILITY OPERATOR.—The term ‘‘facility
operator’’ means any person who operates an under-
ground facility.
(5) HAZARDOUS LIQUID.—The term ‘‘hazard-
ous liquid’’ has the meaning given such term in sec-
tion 60101(a)(4) of title 49, United States Code.
(6) NATURAL GAS.—The term ‘‘natural gas’’
has the meaning given the term ‘‘gas’’ in section
60101(a)(2) of title 49, United States Code.
(7) PERSON.—The term ‘‘person’’ includes any
agency of Federal, State, or local government.
(8) ROUTINE
RAILROAD
MAINTENANCE.—The
term ‘‘routine railroad maintenance’’ includes such
activities as ballast cleaning, general ballast work,
track lining and surfacing, signal maintenance, and
the replacement of crossties.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(10) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 60101(a)(20) of title
49, United States Code.
(11) STATE PROGRAM.—The term ‘‘State pro-
gram’’ means the program of a State to establish or
maintain a one-call notification system.
(12) 
UNDERGROUND
FACILITY.—The 
term
‘‘underground facility’’ means any underground line,
system, or structure used for gathering, storing,
transmitting, or distributing oil, petroleum products,
other hazardous liquids, natural gas, communication,
electricity, water, steam, sewerage, or any other
commodities the Secretary determines should be in-
cluded under the requirements of this title, but such
term does not include a portion of a line, system, or
structure if the person who owns or leases, or holds
an oil or gas mineral leasehold interest in, the real
property in which such portion is located also oper-
ates, or has authorized the operation of, the line,
system, or structure only for the purpose of furnish-
ing services or materials to such person, except to
the extent that such portion contains predominantly
natural gas or hazardous liquids and—
(A) is located within an easement for a
public road (as defined under section 101(a) of
title 23, United States Code), or a toll highway,
bridge, or tunnel (as described in section
129(a)(2) of such title); or
(B) is located on a mineral lease and is
within the boundaries of a city, town, or village.
SEC. 103. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of enactment of this Act,
the Secretary shall, in consultation with the Federal Com-
munications Commission, facility operators, excavators,
and one-call notification system operators, provide for the
establishment of a nationwide toll-free telephone number
system to be used by State one-call notification systems.
SEC. 104. STATE PROGRAMS.
(a) CONSIDERATION.—Each State shall consider
whether to adopt a comprehensive statewide one-call noti-
fication program with each element described in section
105, to protect all underground facilities from damage due
to any excavation. Such State program may be provided
for through the establishment of a new program, or
through modification or improvement of an existing pro-
gram, and may be implemented by a nongovernmental or-
ganization.
(b) PROCEDURES.—State consideration under sub-
section (a) shall be undertaken after public notice and
hearing, and shall be completed within 3 years after the
date of enactment of this Act. Such consideration may be
undertaken as part of any proceeding of a State with re-
spect to the safety of pipelines or other underground facili-
ties.
(c) COMPLIANCE.—If a State fails to comply with the
requirements of subsection (a), the Secretary or any per-
son aggrieved by such failure may in a civil action obtain
appropriate relief against any appropriate officer or entity
of the State, including the State itself, to compel such
compliance.
(d) APPROPRIATENESS.—Nothing in this title pro-
hibits a State from making a determination that it is not
appropriate to adopt a State program described in section
105, pursuant to its authority under otherwise applicable
State law.
SEC. 105. ELEMENTS OF STATE PROGRAM.
(a) IN GENERAL.—Each State’s consideration under
section 104(a) shall include consideration of program ele-
ments that—
(1) provide for a one-call notification system or
systems which shall—
(A) apply to all excavators and to all facil-
ity operators;
(B) operate in all areas of the State and
not duplicate the geographical coverage of other
one-call notification systems;
(C) receive and record appropriate infor-
mation from excavators about intended exca-
vations;
(D) inform facility operators of any in-
tended excavations that may be in the vicinity
of their underground facilities; and
(E) inform excavators of the identity of fa-
cility operators who will be notified of the in-
tended excavation;
(2) provide for 24-hour coverage for emergency
excavation, with the manner and scope of coverage
determined by the State;
(3) employ mechanisms to ensure that the gen-
eral public, and in particular all excavators, are
aware of the one-call telephone number and the re-
quirements, penalties, and benefits of the State pro-
gram relating to excavations;
(4) inform excavators of any procedures that
the State has determined must be followed when ex-
cavating;
(5) require that any excavator must contact the
one-call notification system in accordance with State
specifications, which may vary depending on whether
the excavation is short term, long term, routine, con-
tinuous, or emergency;
(6) require facility operators to provide for lo-
cating and marking or otherwise identifying their fa-
cilities at an excavation site, in accordance with
State specifications, which may vary depending on
whether the excavation is short term, long term, rou-
tine, continuous, or emergency;
(7) provide effective mechanisms for penalties
and enforcement as described in section 106;
(8) provide for a fair and appropriate schedule
of fees to cover the costs of providing for, maintain-
ing, and operating the State program;
(9) provide an opportunity for citizen suits to
enforce the State program; and
(10) require railroads to report any accidents
that occur during or as a result of routine railroad
maintenance to the Secretary and the appropriate
local officials.
(b) EXCEPTION.—Where excavation is undertaken by
or for a person, on real property owned or leased, or in
which an oil or gas mineral leasehold interest is held, by
that person, and the same person operates all under-
ground facilities located at the site of the excavation, a
State program may elect not to require that such person
contact the one-call notification system before excavating.
SEC. 106. PENALTIES AND ENFORCEMENT.
(a) GENERAL PENALTIES.—Each State’s consider-
ation under section 104(a) shall include consideration of
a requirement that any excavator or facility operator who
violates the requirements of the State program shall be
liable for an appropriate administrative or civil penalty.
(b) INCREASED PENALTIES.—If a violation results in
damage to an underground facility resulting in death, seri-
ous bodily harm, or actual damage to property exceeding
$50,000, or damage to a hazardous liquid underground
facility resulting in the release of more than 50 barrels
of product, the penalties shall be increased, and an addi-
tional penalty of imprisonment may be assessed for a
knowing and willful violation.
(c) DECREASED PENALTIES.—Each State’s consider-
ation under section 104(a) shall include consideration of
reduced penalties for a violation, that results in or could
result in damage, that is promptly reported by the viola-
tor.
(d) EQUITABLE
RELIEF
AND
MANDAMUS
AC-
TIONS.—Each State’s consideration under section 104(a)
shall include consideration of provisions for appropriate
equitable relief and mandamus actions.
(e) IMMEDIATE CITATION
OF VIOLATIONS.—Each
State’s consideration under section 104(a) shall include
consideration of procedures for issuing a citation of viola-
tion at the site and time of the violation.
SEC. 107. GRANTS TO STATES.
(a) AUTHORITY.—Using $4,000,000 of the amounts
previously collected under section 7005 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (pre-
viously codified as 49 U.S.C. App. 1682a) or section
60301 of title 49, United States Code, for each of the fis-
cal years 1996, 1997, and 1998, to the extent provided
in advance in appropriations Acts, the Secretary shall
make grants to States, or to operators of one-call notifica-
tion systems in such States, which have elected to adopt
a State program described in section 105, or to establish
and maintain a State program pursuant to subsection (b)
of this section. Such grants may be used in establishing
one-call notification systems, modifying existing systems
to conform to standards established under this title, and
improving systems to exceed such standards. Such grants
may be used to—
(1) improve communications systems linking
one-call notification systems;
(2) improve location capabilities, including
training personnel and developing and using location
technology;
(3) improve record retention and recording ca-
pabilities;
(4) enhance public information and education
campaigns;
(5) increase and improve enforcement mecha-
nisms, including administrative processing of viola-
tions; and
(6) otherwise further the purposes of this title.
(b) ALTERNATE FORM OF STATE PROGRAM.—The
Secretary may make a grant under subsection (a) to a
State that establishes or maintains a State program that
differs from a State program described in section 105 if
such State program is at least as protective of the public
health and safety and the environment as a State program
described in section 105.
SEC. 108. DEPARTMENT OF TRANSPORTATION.
(a) COORDINATION
WITH
OTHER
RESPONSIBIL-
ITIES.—
(1) COORDINATION.—The Secretary shall co-
ordinate the implementation of this title with the im-
plementation of chapter 601 of title 49, United
States Code.
(2) REVIEW OF PROGRAMS.—Within 18 months
after the date of enactment of this Act, the Sec-
retary shall review, and report to Congress on, the
extent to which any policies, programs, and proce-
dures of the Department of Transportation could be
used to achieve the purposes of this title.
(b) MODEL PROGRAM.—
(1) DEVELOPMENT.—Within 1 year after the
date of enactment of this Act, the Secretary, in con-
sultation with facility operators, excavators, one-call
notification system operators, and State and local
governments, shall develop and make available to
States a model State program, including a model en-
forcement program. Such model program may be
amended by the Secretary on the Secretary’s initia-
tive or in response to reports submitted by the
States pursuant to section 109, or as a result of
workshops conducted under paragraph (3) of this
subsection.
(2) SUGGESTED ELEMENTS.—The model pro-
gram developed under paragraph (1) shall include all
elements of a State program described in section
105. The Secretary shall consider incorporating the
following elements into the model program:
(A) The one-call notification system or sys-
tems shall—
(i) receive and record appropriate in-
formation from excavators about intended
excavations, including—
(I) the name of the person con-
tacting the one-call notification sys-
tem;
(II) the name, address, and tele-
phone number of the excavator;
(III) the specific location of the
intended excavation, along with the
starting date thereof and a description
of the intended excavation activity;
and
(IV) the name, address, and tele-
phone number of the person for whom
the work is being performed; and
(ii) maintain records on each notice of
intent to excavate for the period of time
necessary to ensure that such records re-
main available for use in the adjudication
of any claims relating to the excavation.
(B) The provision of information on exca-
vation requirements at the time of issuance of
excavation or building permits, or other specific
mechanisms for ensuring excavator awareness.
(C) A requirement that any excavator
must contact the one-call notification system at
least 2 business days, and not more than 10
business days, before excavation begins.
(D) Alternative notification procedures for
excavation activities conducted as a normal part
of ongoing operations within specific geographic
locations over an extended period of time.
(E) A requirement that facility opera-
tors—
(i) provide for locating and marking,
in accordance with the American Public
Works Association Uniform Color Code for
Utilities, or otherwise identifying, in ac-
cordance with standards established by the
State or the American National Standards
Institute, their underground facilities at
the site of an intended excavation within
no more than 2 business days after notifi-
cation of such intended excavation; and
(ii) monitor such excavation as appro-
priate.
(F) Provision for notification of excavators
if no underground facilities are located at the
excavation site.
(G) Provision for the approval of a State
program under this title with time limitations
longer than those required under subpara-
graphs (C) and (E) of this paragraph where
special circumstances, such as severe weather
conditions or remoteness of location, pertain.
(H) Procedures for excavators and facility
operators to follow when the location of under-
ground facilities is unknown.
(I) Procedures to improve underground fa-
cility location capabilities, including compiling
and notifying excavators, facility operators, and
one-call centers of any information about pre-
viously unknown underground facility locations
when such information is discovered.
(J) Alternative rules for timely compliance
with State program requirements in emergency
circumstances.
(K) If a State has procedures for licensing
or permitting entities to do business, procedures
for the revocation of the license or permit to do
business of any excavator determined to be a
habitual violator of the requirements of the
State program.
(3) WORKSHOPS.—Within 6 months after the
date of enactment of this Act, and annually 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);
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
COM-
PACT.—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 infor-
mation on commercial drivers) in cooperation with
the Secretary and other States, and develops and
achieves demonstrable annual progress in imple-
menting a plan to ensure that (i) each court of the
State report expeditiously to the State driver licens-
ing agency all traffic safety convictions, license sus-
pensions, license revocations, or other license restric-
tions, and driver improvement efforts sanctioned or
ordered by the court, and that (ii) such records be
available electronically to appropriate government of-
ficials (including enforcement, officers, judges, and
prosecutors) upon request at all times.
‘‘(5) The State has a law or regulation
that provides a minimum penalty of at least
$100 for anyone who in violation of State law
or regulation drives any vehicle through,
around, or under any crossing, gate, or barrier
at a railroad crossing while such gate or barrier
is closed or being opened or closed.
‘‘(6) VEHICLE SEIZURE PROGRAM.—The State
has a law or regulation that—
‘‘(A) mandates seizure by the State or any
political subdivision thereof of any vehicle driv-
en by an individual in violation of an alcohol-
related traffic safety law, if such violator has
been convicted on more than one occasion of an
alcohol-related traffic offense within any 5-year
period beginning after the date of enactment of
this section, or has been convicted of driving
while his or her driver’s license is suspended or
revoked by reason of a conviction for such an
offense;
‘‘(B) mandates that the vehicle be forfeited
to the State or a political subdivision thereof if
the vehicle was solely owned by such violator at
the time of the violation;
‘‘(C) requires that the vehicle be returned
to the owner if the vehicle was a stolen vehicle
at the time of the violation; and
‘‘(D) authorizes the vehicle to be released
to a member of such violator’s family, the co-
owner, or the owner, if the vehicle was not a
stolen vehicle and was not solely owned by such
violator at the time of the violation, and if the
family member, co-owner, or owner, prior to
such release, executes a binding agreement that
the family member, co-owner, or owner will not
permit such violator to drive the vehicle and
that the vehicle shall be forfeited to the State
or a political subdivision thereof in the event
such violator drives the vehicle with the permis-
sion of the family member, co-owner, or owner.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section,
$9,000,000 for the fiscal year ending September 30, 1996,
$12,000,000 for the fiscal year ending September 30,
1997, $14,000,000 for the fiscal year ending September
30, 1998, $16,000,000 for the fiscal year ending Septem-
ber 30, 1999, and $18,000,000 for the fiscal year ending
September 30, 2000.’’.
(b) CONFORMING AMENDMENT.—The analysis of
chapter 4 of title 23, United States Code, is amended by
inserting immediately after the item relating to section
410 the following new item:
‘‘411. Programs for young drivers.’’.
(c) DEADLINES FOR ISSUANCE OF REGULATIONS.—
The Secretary shall issue and publish in the Federal Reg-
ister proposed regulations to implement section 411 of
title 23, United States Code (as added by this section),
not later than 6 months after the date of enactment of
this Act. The final regulations for such implementation
shall be issued, published in the Federal Register, and
transmitted to Congress not later than 12 months after
such date of enactment.
SEC. 222. PROGRAM EVALUATION.
(a) EVALUATION
BY SECRETARY.—The Secretary
shall, under section 403 of title 23, United States Code,
conduct an evaluation of the effectiveness of State provi-
sional driver’s licensing programs and the grant program
authorized by section 411 of title 23, United States Code
(as added by section 101 of this Act).
(b) REPORT TO CONGRESS.—By January 1, 1997,
the Secretary shall transmit a report on the results of the
evaluation conducted under subsection (a) and any related
research to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Pub-
lic Works and Transportation of the House of Representa-
tives. The report shall include any related recommenda-
tions by the Secretary for legislative changes.
Subtitle C—Older Driver Programs
SEC. 231. OLDER DRIVER SAFETY RESEARCH.
(a) RESEARCH ON PREDICTABILITY OF HIGH RISK
DRIVING.—
(1) The Secretary shall conduct a program that
funds, within budgetary limitations, the research
challenges presented in the Transportation Research
Board’s report entitled ‘‘Research and Development
Needs for Maintaining the Safety and Mobility of
Older Drivers’’ and the research challenges pertain-
ing to older drivers presented in a report to Con-
gress by the National Highway Traffic Safety Ad-
ministration entitled ‘‘Addressing the Safety Issues
Related to Younger and Older Drivers’’.
(2) To the extent technically feasible, the Sec-
retary shall consider the feasibility and further the
development of cost efficient, reliable tests capable of