[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1994 AND ADDRESSING PROGRAMS 
                     RELATING TO HIGH-RISK DRIVERS

  Mr. SHARP. Mr. Speaker, I ask unanimous consent that the Committee on 
Public Works and Transportation and the Committee on Energy and 
Commerce be discharged from further consideration of the bill (H.R. 
5248) 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, and ask for 
its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. de la Garza). Is there objection to the 
request of the gentleman from Indiana?
  Mr. MOORHEAD. Mr. Speaker, reserving the right to object, and I will 
not object; I take this reservation for the purpose of asking the 
gentleman from Indiana [Mr. Sharp] to explain what is in this bill.
  Mr. SHARP. Mr. Speaker, will the gentleman yield?
  Mr. MOORHEAD. I yield to the gentleman from Indiana.
  Mr. SHARP. Mr. Speaker, I rise in support of H.R. 5248, the 
Comprehensive One-Call Notification Act of 1994. This bill is designed 
to encourage and promote the use of one-call systems by all States and 
further encourage the adoption of minimum standards. It is the goal of 
this legislation to improve and enhance each State's ability to provide 
the greatest amount of protection to the public health and safety as 
well as preserve the integrity of underground facilities.
  One-call legislation was first introduced by Mr. Pallone and Senator 
Bradley after the fiery explosion that occurred as a result of 
excavation damage to a natural gas transmission pipeline in Edison, NJ 
last March. The bill has enjoyed widespread support from its inception, 
and we have worked closely with both the majority and the minority 
Members of the House Public Works Committee and the Senate Commerce 
Committee in order to ensure consensus.
  There are those who have expressed a concern over some of the 
specific exemption language that was put into the bill during Committee 
markup sessions. For clarification purposes, I would like to suggest 
that as always when drafting legislation, the word ``includes'' is not 
necessarily comprehensive. I would also like to emphasize that H.R. 
5248 allows a great deal of flexibility for States as they consider the 
Federal program.
  There is nothing in the act that mandates that a State adopt a one-
call system as outlined in the bill, and there are no penalties for a 
State's decision not to adopt the Federal program. The ultimate 
decision for adoption of any or all of the bill is left up to each 
State on an individual basis.
  Mr. Speaker, adoption of H.R. 5248 will help us to further protect 
the public and property from damage due to excavation. I urge my 
colleagues to support passage of the Comprehensive One-Call 
Notification Act of 1994.
  Mr. MOORHEAD. Mr. Speaker, further reserving the right to object, I 
rise again in support of this legislation.
  This bill minimizes the risk of third-party dig-ups of natural gas 
pipelines and other underground facilities by requiring States to 
consider creating one-call notification systems. Since most damage to 
pipelines and other types of underground facilities are caused by third 
parties, this bill will greatly enhance the safety of such facilities.
  One-call notification systems are mechanisms by which a person 
planning to excavate can notify a buried facility owner or operator of 
planned excavation. The owner or operator of the buried facility then 
marks his facilities so the excavator can avoid it in his excavation. 
Establishing these systems makes good sense. They reduce the hazard 
posed by underground facilities to workers and the general public when 
excavation is done. They also save the cost of repairing underground 
facilities damaged by excavation.
  The one-call initiative contained in this bill will help reduce the 
risk to human health and the environment and will save all underground 
facility owners millions of dollars in costly repairs from third-party 
damage. Thus, I support this legislation and encourage my fellow 
Members to support it.
  Mr. Speaker, further reserving the right to object, I yield to the 
gentleman from California [Mr. Mineta].
  Mr. MINETA. Mr. Speaker, I thank my friend and colleague for yielding 
to me under his reservation of objection.
  Mr. Speaker, I rise in strong support of H.R. 5248. I wish to thank 
our colleague, the gentleman from New Jersey [Mr. Pallone] for his 
leadership in introducing this bill, as well as the gentleman from 
Indiana [Mr. Sharp], who so ably has chaired this subcommittee and 
exhibited leadership for this One-Call. Of course, Mr. Speaker, we are 
all going to miss Phil. We came together in 1974, and we are going to 
miss his leadership.
  Mr. Speaker, I rise in support of H.R. 5248, the Comprehensive One-
Call Notification Act of 1994. This bill includes the same text as H.R. 
4394, which passed in the House this past Monday.
  As I stated at that time, this committee has long supported the 
worthiness of the concept for ``one-call'' notification programs, and 
in fact, mandated in the 1988 Pipeline Safety Reauthorization Act that 
the Secretary establish minimum Federal requirements for State ``one-
call'' programs to meet. That legislation, however, was limited to 
pipelines only and did not apply to other underground facilities.
  H.R. 5248, which is before us today, appears to make a significant 
inroad into solving the well-known problem of damage to pipelines and 
other underground facilities as a result of excavation by third 
parties. This legislation will enhance the safety of those underground 
facilities and the general public.
  There are only a few very carefully constructed exemptions to the 
elements a State must consider in this legislation. The definition of 
some of the activities involved in those narrow exemptions are, 
however, illustrative and not necessarily exclusive. It is the 
committee's intent that these programs, if adopted by a State, be as 
comprehensive as possible.
  Therefore, I urge my colleagues to join me in passing H.R. 5248.
  Mr. MOORHEAD. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5248

       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 USC 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

     Section 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.''
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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