H.R. 5248 (103rd): Comprehensive One-Call Notification Act of 1994
HR 5248 RFS
H. R. 5248
IN THE SENATE OF THE UNITED STATES
October 8 (legislative day, SEPTEMBER 12), 1994
October 8 (legislative day, SEPTEMBER 12), 1994
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
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,
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
TITLE II--HIGH RISK DRIVERS PROGRAM
Subtitle A--High-Risk and Alcohol-Impaired Drivers
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
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:
Sec. ‘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
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
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.
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
TITLE III--CORRECTION OF LOCATION
SEC. 301. CORRECTION OF LOCATION.
- 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.
DONNALD K. ANDERSON,
- HR 5248 RFS----2
- HR 5248 RFS----3
- HR 5248 RFS----4