[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1866 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1866

To promote the implementation of programs to improve the traffic safety 
                   performance of high risk drivers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1995

 Mr. Wolf (for himself, Mr. Baker of Louisiana, Mr. Blute, Mr. Davis, 
 Mr. Frost, Mr. Hansen, Mr. McDermott, Mrs. Morella, and Mr. Reynolds) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To promote the implementation of programs to improve the traffic safety 
                   performance of high risk drivers.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Risk Drivers Act of 1995''.

SEC. 2. FINDINGS.

    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.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) High risk driver.--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) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 4. 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 of 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.
                     TITLE I--YOUNG DRIVER PROGRAMS

SEC. 101. 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 this section 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 this 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 eight 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.
            ``(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 drivers' 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 subparagraph (A)(iii) if the State submits 
        satisfactory evidence of its efforts to establish such a 
        requirement.
            ``(3) Criteria for basic grant.--The 8 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 age 21 years of age.
                    ``(C) The State requires that all front seat and 
                rear seat occupants of any motor vehicle shall use 
                safety belts.
                    ``(D) 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.
                    ``(E) The State conducts 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.
                    ``(F) 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 (ii) such 
                records be available electronically to appropriate 
                government officials (including enforcement, officers, 
                judges, and prosecutors) upon request at all times.
                    ``(G) 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.
                    ``(H) 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.
    ``(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) Provision of insurance information.--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 
        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.
            ``(3) Readily distinguishable licenses for young drivers.--
        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 the provisional driver's 
                license, or full driver's license, of any driver under 
                21 years of age be readily distinguishable from the 
                licenses of drivers who are 21 years of age or older, 
                through the use of special background, marking, 
                profile, or any other features, consistent with any 
                guidelines developed by the Secretary in cooperation 
                with the American Association of Motor Vehicle 
                Administrators; and
                    ``(B) employs the Social Security number as a 
                common identifier on every driver's license so as to 
                facilitate the transfer of traffic records among 
                States.
            ``(4) Driver training prerequisite.--For purposes of this 
        section, a State is eligible for a supplemental grant 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 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.
            ``(5) 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, driving under the influence of alcohol, or driving 
        while intoxicated.
            ``(6) Provisional license requirement after license 
        suspension or revocation.--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 that any driver 
        whose driving privilege is restored after license suspension or 
        revocation resulting from a traffic safety violation shall for 
        at least 1 year be subject to the following:
                    ``(A) The restored license shall be immediately 
                suspended, for a period to be determined by the 
                Secretary, upon the driver's conviction of any moving 
                traffic safety violation, except that the Secretary may 
                by regulation define limited circumstances under which 
                the State may waive this immediate suspension 
                requirement.
                    ``(B) A full driver's license shall be issued only 
                after the driver has held a provisional license for at 
                least 1 year with a clean driving record, as described 
                in subsection (e)(2)(B).
                    ``(C) The driver shall be--
                            ``(i) deemed to be driving while 
                        intoxicated if the driver has a blood alcohol 
                        concentration of .02 percent or greater; or
                            ``(ii) prohibited from operating a motor 
                        vehicle with such a blood alcohol 
                        concentration.
            ``(7) 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.
            ``(8) Oversight of alcohol sales to underage drinkers.--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 
        appropriated 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 exercises effective oversight of 
        colleges and universities that provide or allow the selling of 
        alcohol to underage drinkers as defined by State law or 
        regulation.
    ``(g) Applicability of Chapter 1.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, all provisions of chapter 1 of this title that are 
        applicable to National Highway System funds, other than 
        provisions relating to the apportionment formula and provisions 
        limiting the expenditure of such funds to the Federal-aid 
        systems, shall apply to the funds authorized to be appropriated 
        to carry out this section.
            ``(2) Inconsistent provisions.--If the Secretary determines 
        that a provision of chapter 1 of this title is inconsistent 
        with this section, such provision shall not apply to funds 
        authorized to be appropriated to carry out this section.
            ``(3) Credit for state and local expenditures.--The 
        aggregate of all expenditures made during any fiscal year by a 
        State and its political subdivisions (exclusive of Federal 
        funds) for carrying out the State highway safety program (other 
        than planning and administration) shall be available for the 
        purpose of crediting such State during such fiscal year for the 
        non-Federal share of the cost of any project under this section 
        (other than one for planning or administration) without regard 
        to whether such expenditures were actually made in connection 
        with such project.
            ``(4) Increased federal share for certain indian tribe 
        programs.--In the case of a local highway safety program 
        carried out by an Indian tribe, if the Secretary is satisfied 
        that an Indian tribe does not have sufficient funds available 
        to meet the non-Federal share of the cost of such program, the 
        Secretary may increase the Federal share of the cost thereof 
        payable under this title to the extent necessary.
            ``(5) Treatment of term `state highway department'.--In 
        applying provisions of chapter 1 in carrying out this section, 
        the term `State highway department' as used in such provisions 
        shall mean the Governor of a State and, in the case of an 
        Indian tribe program, the Secretary of the Interior.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $18,000,000 for each of fiscal 
years 1996 and 1997, $20,000,000 for fiscal year 1998, and $22,000,000 
for each of fiscal years 1999 and 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 the 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. 102. 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, 1999, 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 
Transportation and Infrastructure of the House of Representatives. The 
report shall include any related recommendations by the Secretary for 
legislative changes.

                      TITLE II--HIGH RISK DRIVERS

SEC. 201. STUDY ON WAYS TO IMPROVE TRAFFIC RECORDS OF ALL HIGH RISK 
              DRIVERS.

    (a) In General.--Within 1 year after the date of the 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. 202. 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.
                                 <all>
HR 1866 IH----2