[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5248 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 5248
_______________________________________________________________________
AN ACT
To require States to consider adopting mandatory, comprehensive,
Statewide one-call notification systems to protect natural gas and
hazardous liquid pipelines and all other underground facilities from
being damaged by any excavations, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 weakening of the support for the
facility or protective housing, 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 otherwise displaced by means of any
mechanized tools or equipment, or any explosive, but shall not
include--
(A) any generally accepted normal agricultural
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 cemetery;
and
(D) routine railroad maintenance as long as such
maintenance would disturb the ground to a depth of no
more than 18 inches as measured from the surface of the
ground and the railroad has rules requiring underground
facilities 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 underground facility
is not buried 3 feet or lower on railroad property or right-of-
way, the facility operator may request permission to enter the
railroad property 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 underground facility.
(5) Hazardous liquid.--The term ``hazardous liquid'' has
the meaning given such term in section 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 meaning given such
term in section 60101(a)(20) of title 49, United States Code.
(11) State program.--The term ``State program'' 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 included
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 operates, or has authorized the operation of, the line,
system, or structure only for the purpose of furnishing
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 Communications
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 notification 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 program, and may be implemented by a
nongovernmental organization.
(b) Procedures.--State consideration under subsection (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 respect to the safety of pipelines or other underground
facilities.
(c) Compliance.--If a State fails to comply with the requirements
of subsection (a), the Secretary or any person 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 prohibits 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 elements that--
(1) provide for a one-call notification system or systems
which shall--
(A) apply to all excavators and to all facility
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 information from
excavators about intended excavations;
(D) inform facility operators of any intended
excavations that may be in the vicinity of their
underground facilities; and
(E) inform excavators of the identity of facility
operators who will be notified of the intended
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 general public,
and in particular all excavators, are aware of the one-call
telephone number and the requirements, penalties, and benefits
of the State program relating to excavations;
(4) inform excavators of any procedures that the State has
determined must be followed when excavating;
(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, continuous, or emergency;
(6) require facility operators to provide for locating and
marking or otherwise identifying their facilities at an
excavation site, in accordance with State specifications, which
may vary depending on whether the excavation is short term,
long term, routine, 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, maintaining, 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 underground 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 consideration 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, serious 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 additional penalty
of imprisonment may be assessed for a knowing and willful violation.
(c) Decreased Penalties.--Each State's consideration 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 violator.
(d) Equitable Relief and Mandamus Actions.--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 violation 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 Consolidated Omnibus Budget
Reconciliation Act of 1985 (previously codified as 49 U.S.C. App.
1682a) or section 60301 of title 49, United States Code, for each of
the fiscal 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 notification 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 capabilities;
(4) enhance public information and education campaigns;
(5) increase and improve enforcement mechanisms, including
administrative processing of violations; 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 Responsibilities.--
(1) Coordination.--The Secretary shall coordinate the
implementation of this title with the implementation 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 Secretary shall review, and report
to Congress on, the extent to which any policies, programs, and
procedures 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 consultation 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
enforcement program. Such model program may be amended by the
Secretary on the Secretary's initiative 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 program 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 systems
shall--
(i) receive and record appropriate
information from excavators about intended
excavations, including--
(I) the name of the person
contacting the one-call notification
system;
(II) the name, address, and
telephone 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
telephone 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 remain
available for use in the adjudication of any
claims relating to the excavation.
(B) The provision of information on excavation
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 operators--
(i) provide for locating and marking, in
accordance with the American Public Works
Association Uniform Color Code for Utilities,
or otherwise identifying, in accordance 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 notification of such
intended excavation; and
(ii) monitor such excavation as
appropriate.
(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 subparagraphs (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 underground
facilities is unknown.
(I) Procedures to improve underground facility
location capabilities, including compiling and
notifying excavators, facility operators, and one-call
centers of any information about previously 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 thereafter, the Secretary shall
conduct workshops with facility operators, excavators, one-call
notification system operators, and State and local governments
in order to develop, amend, and promote the model program, and
to provide an opportunity to share information among such
parties and to recognize State programs that exemplify the
goals of this title.
(c) Public Education.--The Secretary shall develop, in conjunction
with facility operators, excavators, one-call notification system
operators, and State and local governments, public service
announcements and other educational materials and programs to be
broadcast or published to educate the public about one-call
notification systems, 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 submit to the Secretary
a report on progress made in implementing this title.
(2) Status reports.--Within 4\1/2\ 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 Secretary 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 implementing a one-
call notification system that provides greater 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 locations.
SEC. 113. VISION WAIVER STUDY PROGRAM.
In order to further substantiate research carried out by the
Secretary in fiscal year 1992 under the vision waiver 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 REGARDING 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 Administrator of the Research and
Special Programs Administration of the Department of Transportation, to
the greatest 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 declined from
5.5 deaths per 100 million vehicle miles traveled in 1966 to an
historic low of an estimated 1.8 deaths per 100 million vehicle
miles traveled during 1992. In order to further this desired
trend, the safety programs and policies implemented by the
Department of Transportation must be continued, and at the same
time, the focus of these efforts as they pertain to high risk
drivers of all ages must be strengthened.
(2) Motor vehicle crashes are the leading cause of death
among teenagers, and teenage drivers tend to be at fault for
their fatal crashes more often than older drivers. Drivers who
are 16 to 20 years old comprised 7.4 percent of the United
States population in 1991 but were involved in 15.4 percent of
fatal motor vehicle crashes. Also, on the basis of crashes per
100,000 licensed drivers, young drivers are the highest risk
group of drivers.
(3) During 1991, 6,630 teenagers from age 15 through 20
died in motor vehicle crashes. This tragic loss demands that
the Federal Government intensify its efforts to promote highway
safety among members of this high risk group.
(4) The consumption of alcohol, speeding over allowable
limits or too fast for road conditions, inadequate use of
occupant restraints, and other high risk behaviors are several
of the key causes for this tragic loss of young drivers and
passengers. The Department of Transportation, working
cooperatively with the States, student groups, and other
organizations, must reinvigorate its current programs and
policies to address more effectively these pressing problems of
teenage drivers.
(5) In 1991 individuals aged 70 years and older, who are
particularly susceptible to injury, were involved in 12 percent
of all motor vehicle traffic crash fatalities. These deaths
accounted for 4,828 fatalities out of 41,462 total traffic
fatalities.
(6) The number of older Americans who drive is expected to
increase dramatically during the next 30 years. Unfortunately,
during the last 15 years, the Department of Transportation has
supported an extremely limited program concerning older
drivers. Research on older driver behavior and licensing has
suffered from intermittent funding at amounts that were
insufficient to address the scope and nature of the challenges
ahead.
(7) A major objective of United States transportation
policy must be to promote the mobility of older Americans while
at the same time ensuring public safety on our Nation's
highways. In order to accomplish these two objectives
simultaneously, the Department of Transportation must support a
vigorous and sustained program of research, technical
assistance, evaluation, and other appropriate activities that
are designed to reduce the fatality and crash rate of older
drivers who have identifiable risk characteristics.
SEC. 212. DEFINITIONS.
For purposes of this subtitle--
(1) The term ``high risk driver'' means a motor vehicle
driver who belongs to a class of drivers that, based on vehicle
crash rates, fatality rates, traffic safety violation rates,
and other factors specified by the Secretary, presents a risk
of injury to the driver and other individuals that is higher
than the risk presented by the average driver.
(2) The term ``Secretary'' means the Secretary of
Transportation.
SEC. 213. POLICY AND PROGRAM DIRECTION.
(a) General Responsibility of Secretary.--The Secretary shall
develop and implement effective and comprehensive policies and programs
to promote safe driving behavior by young drivers, older drivers, and
repeat violators of traffic safety regulations and laws.
(b) Safety Promotion Activities.--The Secretary shall promote or
engage in activities that seek to ensure that--
(1) cost effective and scientifically-based guidelines and
technologies for the nondiscriminatory evaluation and licensing
of high risk drivers are advanced;
(2) model driver training, screening, licensing, control,
and evaluation programs are improved;
(3) uniform or compatible State driver point systems and
other licensing and driver record information systems are
advanced as a means of identifying and initially evaluating
high risk drivers; and
(4) driver training programs and the delivery of such
programs are advanced.
(c) Driver Training Research.--The Secretary shall explore the
feasibility and advisability of using cost efficient simulation and
other technologies as a means of enhancing driver training; shall
advance knowledge regarding the perceptual, cognitive, and decision
making skills needed for safe driving and to improve driver training;
and shall investigate the most effective means of integrating
licensing, training, and other techniques for preparing novice drivers
for the safe use of highway systems.
Subtitle B--Young Driver Programs
SEC. 221. STATE GRANTS FOR YOUNG DRIVER PROGRAMS.
(a) Establishment of Grant Program.--Chapter 4 of title 23, United
States Code, is amended by adding at the end the following new section:
``Sec. 411. Programs for young drivers
``(a) General Authority.--Subject to the provisions of this
section, the Secretary shall make basic and supplemental grants to
those States which adopt and implement programs for young drivers which
include measures, described in this section, to reduce traffic safety
problems resulting from the driving performance of young drivers. Such
grants may only be used by recipient States to implement and enforce
such measures.
``(b) Maintenance of Effort.--No grant may be made to a State under
this section in any fiscal year unless such State enters into such
agreements with the Secretary as the Secretary may require to ensure
that such State will maintain its aggregate estimated expenditures from
all other sources for programs for young drivers at or above the
average level of such expenditures in its 2 fiscal years preceding the
fiscal year in which the High Risk Drivers Act of 1994 is enacted.
``(c) Federal Share.--No State may receive grants under this
section in more than 5 fiscal years. The Federal share payable for any
grant under this section shall not exceed--
``(1) in the first fiscal year a State receives a grant
under this section, 75 percent of the cost of implementing and
enforcing in such fiscal year the young driver program adopted
by the State pursuant to subsection (a);
``(2) in the second fiscal year the State receives a grant
under this section, 50 percent of the cost of implementing and
enforcing in such fiscal year such program; and
``(3) in the third, fourth, and fifth fiscal years the
State receives a grant under this section, 25 percent of the
cost of implementing and enforcing in such fiscal year such
program.
``(d) Maximum Amount of Basic Grants.--Subject to subsection (c),
the amount of a basic grant made under this section for any fiscal year
to any State which is eligible for such a grant under subsection (e)
shall equal 30 percent of the amount apportioned to such State for
fiscal year 1989 under section 402 of this title. A grant to a State
under this section shall be in addition to the State's apportionment
under section 402, and basic grants during any fiscal year may be
proportionately reduced to accommodate an applicable statutory
obligation limitation for that fiscal year.
``(e) Eligibility for Basic Grants.--
``(1) General.--For purposes of this section, a State is
eligible for a basic grant if such State--
``(A) establishes and maintains a graduated
licensing program for drivers under 18 years of age
that meets the requirements of paragraph (2); and
``(B)(i) in the first year of receiving grants
under this section, meets 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 graduated licensing
program consisting of the following licensing stages
for any driver under 18 years of age:
``(i) An instructional license, valid for a
minimum period determined by the Secretary,
under which the licensee shall not operate a
motor vehicle unless accompanied in the front
passenger seat by the holder of a full driver's
license.
``(ii) A provisional driver's license which
shall not be issued unless the driver has
passed a written examination on traffic safety
and has passed a roadtest administered by the
driver licensing agency of the State.
``(iii) A full driver's license which shall
not be issued until the driver has held a
provisional license for at least 1 year with a
clean driving record.
``(B) For purposes of subparagraph (A)(iii),
subsection (f)(1), and subsection (f)(6)(B), a
provisional licensee has a clean driving record if the
licensee--
``(i) has not been found, by civil or
criminal process, to have committed a moving
traffic violation during the applicable period;
``(ii) has not been assessed points against
the license because of safety violations during
such period; and
``(iii) has satisfied such other
requirements as the Secretary may prescribe by
regulation.
``(C) The Secretary shall determine the conditions
under which a State shall suspend provisional driver's
licenses in order to be eligible for a basic grant. At
a minimum, the holder of a provisional license shall be
subject to driver control actions that are stricter
than those applicable to the holder of a full driver's
license, including warning letters and suspension at a
lower point threshold.
``(D) For a State's first 2 years of receiving a
grant under this section, the Secretary may waive the
clean driving record requirement of subparagraph
(A)(iii) if the State submits satisfactory evidence of
its efforts to establish such a requirement.
``(3) Criteria for Basic Grant.--The 7 criteria referred to
in paragraph (1)(B) are as follows:
``(A) The State requires that any driver under 21
years of age with a blood alcohol concentration of 0.02
percent or greater when driving a motor vehicle shall
be deemed to be driving while intoxicated for the
purpose of (i) administrative or judicial sanctions or
(ii) a law or regulation that prohibits any individual
under 21 years of age with a blood alcohol
concentration of 0.02 percent or greater from driving a
motor vehicle.
``(B) The State has a law or regulation that
provides a mandatory minimum penalty of at least $500
for anyone who in violation of State law or regulation
knowingly, or without checking for proper
identification, provides or sells alcohol to any
individual under 21 years of age.
``(C) The State requires that the license of a
driver under 21 years of age be suspended for a period
specified by the State if such driver is convicted of
the unlawful purchase or public possession of alcohol.
The period of suspension shall be at least 6 months for
a first conviction and at least 12 months for a
subsequent conviction; except that specific license
restrictions may be imposed as an alternative to such
minimum periods of suspension where necessary to avoid
undue hardship on any individual.
``(D) The State conducts youth-oriented traffic
safety enforcement activities, and education and
training programs--
``(i) with the participation of judges and
prosecutors, that are designed to ensure
enforcement of traffic safety laws and
regulations, including those that prohibit
drivers under 21 years of age from driving
while intoxicated, restrict the unauthorized
use of a motor vehicle, and establish other
moving violations; and
``(ii) with the participation of student
and youth groups, that are designed to ensure
compliance with such traffic safety laws and
regulations.
``(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 passengers.
``(F) The State provides, to a parent or legal
guardian of any provisional licensee, general
information prepared with the assistance of the
insurance industry on the effect of traffic safety
convictions and at-fault accidents on insurance rates
for young drivers.
``(G) The State requires that a provisional
driver's license may be issued only to a driver who has
satisfactorily completed a State-accepted driver
education and training program that meets Department of
Transportation guidelines and includes information on
the interaction of alcohol and controlled substances
and the effect of such interaction on driver
performance, and information on the importance of
motorcycle helmet use and safety belt use.
``(f) Supplemental Grant Program.--
``(1) Extended application of provisional license
requirement.--For purposes of this section, a State is eligible
for a supplemental grant for a fiscal year in an amount,
subject to subsection (c), not to exceed 10 percent of the
amount apportioned to such State for fiscal year 1989 under
section 402 of this title if such State is eligible for a basic
grant and in addition such State requires that a driver under
21 years of age shall not be issued a full driver's license
until the driver has held a provisional license for at least 1
year with a clean driving record as described in subsection
(e)(2)(B).
``(2) Remedial driver education.--For purposes of this
section, a State is eligible for a supplemental grant for a
fiscal year in an amount, subject to subsection (c), not to
exceed 5 percent of the amount apportioned to such State for
fiscal year 1989 under section 402 of this title if such State
is eligible for a basic grant and in addition such State
requires, at a lower point threshold than for other drivers,
remedial driver improvement instruction for drivers under 21
years of age and requires such remedial instruction for any
driver under 21 years of age who is convicted of reckless
driving, excessive speeding, driving under the influence of
alcohol, or driving while intoxicated.
``(3) Record of serious convictions; habitual or repeat
offender sanctions.--For purposes of this section, a State is
eligible for a supplemental grant for a fiscal year in an
amount, subject to subsection (c), not to exceed 5 percent of
the amount apportioned to such State for fiscal year 1989 under
section 402 of this title if such State is eligible for a basic
grant and in addition such State--
``(A) requires that a notation of any serious
traffic safety conviction of a driver be maintained on
the driver's permanent traffic record for at least 10
years after the date of the conviction; and
``(B) provides additional sanctions for any driver
who, following conviction of a serious traffic safety
violation, is convicted during the next 10 years of one
or more subsequent serious traffic safety violations.
``(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 Secretary and other
States, and develops and achieves demonstrable annual progress
in implementing a plan to ensure that (i) each court of the
State report expeditiously to the State driver licensing agency
all traffic safety convictions, license suspensions, license
revocations, or other license restrictions, and driver
improvement efforts sanctioned or ordered by the court, and
that (ii) such records be available electronically to
appropriate government officials (including enforcement,
officers, judges, and prosecutors) upon request at all times.
``(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 driven by
an individual in violation of an alcohol-related
traffic safety law, if such violator has been convicted
on more than one occasion of an alcohol-related traffic
offense within any 5-year period beginning after the
date of enactment of this section, or has been
convicted of driving while his or her driver's license
is suspended or revoked by reason of a conviction for
such an offense;
``(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 permission 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 September 30, 1999,
and $18,000,000 for the fiscal year ending September 30, 2000.''.
(b) Conforming Amendment.--The analysis of chapter 4 of title 23,
United States Code, is amended by inserting immediately after the item
relating to section 410 the following new item:
``411. Programs for young drivers.''.
(c) Deadlines for Issuance of Regulations.--The Secretary shall
issue and publish in the Federal Register proposed regulations to
implement section 411 of title 23, United States Code (as added by this
section), not later than 6 months after the date of enactment of this
Act. The final regulations for such implementation shall be issued,
published in the Federal Register, and transmitted to Congress not
later than 12 months after such date of enactment.
SEC. 222. PROGRAM EVALUATION.
(a) Evaluation by Secretary.--The Secretary shall, under section
403 of title 23, United States Code, conduct an evaluation of the
effectiveness of State provisional driver's licensing programs and the
grant program authorized by section 411 of title 23, United States Code
(as added by section 101 of this Act).
(b) Report to Congress.--By January 1, 1997, the Secretary shall
transmit a report on the results of the evaluation conducted under
subsection (a) and any related research to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives. The report
shall include any related recommendations by the Secretary for
legislative changes.
Subtitle C--Older Driver Programs
SEC. 231. OLDER DRIVER SAFETY RESEARCH.
(a) Research on Predictability of High Risk Driving.--
(1) The Secretary shall conduct a program that funds,
within budgetary limitations, the research challenges presented
in the Transportation Research Board's report entitled
``Research and Development Needs for Maintaining the Safety and
Mobility of Older Drivers'' and the research challenges
pertaining to older drivers presented in a report to Congress
by the National Highway Traffic Safety Administration entitled
``Addressing the Safety Issues Related to Younger and Older
Drivers''.
(2) To the extent technically feasible, the Secretary shall
consider the feasibility and further the development of cost
efficient, reliable tests capable of predicting increased risk
of accident involvement or hazardous driving by older high risk
drivers.
(b) Specialized Training for License Examiners.--The Secretary
shall encourage and conduct research and demonstration activities to
support the specialized training of license examiners or other
certified examiners to increase their knowledge and sensitivity to the
transportation needs and physical limitations of older drivers,
including knowledge of functional disabilities related to driving, and
to be cognizant of possible countermeasures to deal with the challenges
to safe driving that may be associated with increasing age.
(c) Counseling Procedures and Consultation Methods.--The Secretary
shall encourage and conduct research and disseminate information to
support and encourage the development of appropriate counseling
procedures and consultation methods with relatives, physicians, the
traffic safety enforcement and the motor vehicle licensing communities,
and other concerned parties. Such procedures and methods shall include
the promotion of voluntary action by older high risk drivers to
restrict or limit their driving when medical or other conditions
indicate such action is advisable. The Secretary shall consult
extensively with the American Association of Retired Persons, the
American Association of Motor Vehicle Administrators, the American
Occupational Therapy Association, the American Automobile Association,
the Department of Health and Human Services, the American Public Health
Association, and other interested parties in developing educational
materials on the interrelationship of the aging process, driver safety,
and the driver licensing process.
(d) Alternative Transportation Means.--The Secretary shall ensure
that the agencies of the Department of Transportation overseeing the
various modes of surface transportation coordinate their policies and
programs to ensure that funds authorized under the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
1914) and implementing Department of Transportation and Related
Agencies Appropriation Acts take into account the transportation needs
of older Americans by promoting alternative transportation means
whenever practical and feasible.
(e) State Licensing Practices.--The Secretary shall encourage State
licensing agencies to use restricted licenses instead of canceling a
license whenever such action is appropriate and if the interests of
public safety would be served, and to closely monitor the driving
performance of older drivers with such licenses. The Secretary shall
encourage States to provide educational materials of benefit to older
drivers and concerned family members and physicians. The Secretary
shall promote licensing and relicensing programs in which the applicant
appears in person and shall promote the development and use of cost
effective screening processes and testing of physiological, cognitive,
and perception factors as appropriate and necessary. Not less than one
model State program shall be evaluated in light of this subsection
during each of the fiscal years 1996 through 1998. Of the sums
authorized under subsection (i), $250,000 is authorized for each such
fiscal year for such evaluation.
(f) Improvement of Medical Screening.--The Secretary shall conduct
research and other activities designed to support and encourage the
States to establish and maintain medical review or advisory groups to
work with State licensing agencies to improve and provide current
information on the screening and licensing of older drivers. The
Secretary shall encourage the participation of the public in these
groups to ensure fairness and concern for the safety and mobility needs
of older drivers.
(g) Intelligent Vehicle-highway Systems.--In implementing the
Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note),
the Secretary shall ensure that the National Intelligent Vehicle-
Highway Systems Program devotes sufficient attention to the use of
intelligent vehicle-highway systems to aid older drivers in safely
performing driver functions. Federally-sponsored research, development,
and operational testing shall ensure the advancement of night vision
improvement systems, technology to reduce the involvement of older
drivers in accidents occurring at intersections, and other technologies
of particular benefit to older drivers.
(h) Technical Evaluations Under Intermodal Surface Transportation
Efficiency Act.--In conducting the technical evaluations required under
section 6055 of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240; 105 Stat. 2192), the Secretary shall ensure
that the safety impacts on older drivers are considered, with special
attention being devoted to ensuring adequate and effective exchange of
information between the Department of Transportation and older drivers
or their representatives.
(i) Authorization of Appropriations.--Of the funds authorized under
section 403 of title 23, United States Code, $1,250,000 is authorized
for each of the fiscal years 1995 through 1997 to support older driver
programs described in subsections (a), (b), (c), (e), and (f).
Subtitle D--High Risk Drivers
SEC. 241. STUDY ON WAYS TO IMPROVE TRAFFIC RECORDS OF ALL HIGH RISK
DRIVERS.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Secretary shall complete a study to determine whether
additional or strengthened Federal activities, authority, or regulatory
actions are desirable or necessary to improve or strengthen the driver
record and control systems of the States to identify high risk drivers
more rapidly and ensure prompt intervention in the licensing of high
risk drivers. The study, which shall be based in part on analysis
obtained from a request for information published in the Federal
Register, shall consider steps necessary to ensure that State traffic
record systems are unambiguous, accurate, current, accessible,
complete, and (to the extent useful) uniform among the States.
(b) Specific Matters for Consideration.--Such study shall at a
minimum consider--
(1) whether specific legislative action is necessary to
improve State traffic record systems;
(2) the feasibility and practicality of further encouraging
and establishing a uniform traffic ticket citation and control
system;
(3) the need for a uniform driver violation point system to
be adopted by the States;
(4) the need for all the States to participate in the
Driver License Reciprocity Program conducted by the American
Association of Motor Vehicle Administrators;
(5) ways to encourage the States to cross-reference driver
license files and motor vehicle files to facilitate the
identification of individuals who may not be in compliance with
driver licensing laws; and
(6) the feasibility of establishing a national program that
would limit each driver to one driver's license from only one
State at any time.
(c) Evaluation of National Information Systems.--As part of the
study required by this section, the Secretary shall consider and
evaluate the future of the national information systems that support
driver licensing. In particular, the Secretary shall examine whether
the Commercial Driver's License Information System, the National Driver
Register, and the Driver License Reciprocity program should be more
closely linked or continue to exist as separate information systems and
which entities are best suited to operate such systems effectively at
the least cost. The Secretary shall cooperate with the American
Association of Motor Vehicle Administrators in carrying out this
evaluation.
SEC. 242. STATE PROGRAMS FOR HIGH RISK DRIVERS.
The Secretary shall encourage and promote State driver evaluation,
assistance, or control programs for high risk drivers. These programs
may include in-person license reexaminations, driver education or
training courses, license restrictions or suspensions, and other
actions designed to improve the operating performance of high risk
drivers.
Subtitle E--Funding
SEC. 251. FUNDING FOR 23 U.S.C. 410 PROGRAM.
In addition to any amount otherwise appropriated or available for
such use, there are authorized to be appropriated $15,000,000 for
fiscal years 1995, 1996, and 1997 for the purpose of carrying out
section 410 of title 23, United States Code.
TITLE III--CORRECTION OF LOCATION
SEC. 301.
The table contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended in item number 24, by
adding at the end ``and for similar purposes eligible for funding under
title 23, United States Code, or under the Intermodal Surface
Transportation Efficiency Act on any similar existing facility within a
150 mile radius of such project as selected by the State of
Pennsylvania.''.
Passed the House of Representatives October 7, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 5248
_______________________________________________________________________
AN ACT
To require States to consider adopting mandatory, comprehensive,
Statewide one-call notification systems to protect natural gas and
hazardous liquid pipelines and all other underground facilities from
being damaged by any excavations, and for other purposes.