In subsection (a), before clause (1), the words “Not later than 18 months after October 31, 1988” are omitted as obsolete. The words “as described in subsection (a)” are omitted as surplus. In clause (1), the words “or systems” are omitted because of 1:1. In clause (8), the words “or not” are omitted as surplus.

In subsection (b), the words “all of the requirements established under” are omitted as surplus.

In subsection (c), the words “contractor, excavator, or other” are omitted as surplus.

In subsection (d), before clause (1), the words “When apportioning the amount appropriated to carry out” are substituted for “In making allocations under” for consistency with section 60107 of the revised title. In clause (2), the words “shall withhold part of a payment under section 60107 of this title” are substituted for “such State may not receive the full reimbursement under such sections to which it would otherwise be entitled” for clarity and consistency.

This amends 49:60114(a)(9) to clarify the restatement of 49 App.:1687(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1319), because the requirement for substantially the same sanctions was not intended to include criminal penalties.

2006—Subsecs. (d) to (g). Pub. L. 109–468 added subsecs. (d) to (g).

2002—Subsec. (a)(2). Pub. L. 107–355, § 3(b), inserted “, including a government employee or contractor,” after “person”.

Subsecs. (c), (d). Pub. L. 107–355, § 21(2), redesignated subsec. (d) as (c).

1996—Subsec. (a)(9). Pub. L. 104–287 and Pub. L. 104–304, § 20(d)(1), amended par. (9) identically, substituting “60120 and 60122” for “60120, 60122, and 60123”.

Subsec. (b). Pub. L. 104–304, § 20(d)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

“(b) Grants.—The Secretary may make a grant to a State under this section to develop and establish a one-call notification system consistent with subsection (a) of this section.”

Subsec. (c). Pub. L. 104–304, § 20(d)(3), redesignated subsec. (c) as (b).

Subsecs. (d), (e). Pub. L. 104–304, § 20(d)(2), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:

“(d) Apportionment.—When apportioning the amount appropriated to carry out section 60107 of this title among the States, the Secretary—

“(1) shall consider whether a State has adopted or is seeking adoption of a one-call notification system under this section; and

“(2) shall withhold part of a payment under section 60107 of this title when the Secretary decides a State has not adopted, or is not seeking adoption of, a one-call notification system.”

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Pub. L. 107–355, § 17, Dec. 17, 2002, 116 Stat. 3008, provided that: “Within 1 year after the date of the enactment of this Act [Dec. 17, 2002], the Secretary of Transportation shall, in conjunction with the Federal Communications Commission, facility operators, excavators, and one-call notification system operators, provide for the establishment of a 3-digit nationwide toll-free telephone number system to be used by State one-call notification systems.”