[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3269 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3269

    To provide driver safety grants to States with graduated driver 
         licensing laws that meet certain minimum requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2010

 Mrs. Gillibrand (for herself, Mr. Dodd, and Ms. Klobuchar) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide driver safety grants to States with graduated driver 
         licensing laws that meet certain minimum requirements.

    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 ``Safe Teen and Novice Driver Uniform 
Protection Act of 2010'' or the ``STANDUP Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Highway Traffic Safety Administration has 
        reported that--
                    (A) motor vehicle crashes are the leading cause of 
                death of Americans between 15 and 20 years of age;
                    (B) in the 10-year period ending in 2007, 86,981 
                Americans died in motor vehicle crashes involving 
                drivers between 15 and 20 years of age, an average of 
                167 deaths per week;
                    (C) drivers between 16 and 20 years of age have a 
                fatality rate that is 4 times higher than the rate for 
                drivers between 25 and 70 years of age; and
                    (D) teenage drivers who are 16 years of age have a 
                motor vehicle crash rate that is almost 10 times higher 
                than the crash rate for drivers between 30 and 60 years 
                of age.
            (2) According to the American Automobile Association--
                    (A) teenage drivers comprise slightly more than \1/
                3\ of all fatalities in motor vehicle crashes in which 
                they are involved; and
                    (B) nearly \2/3\ of all fatalities in those crashes 
                are other drivers, passengers, and pedestrians.
            (3) According to the Insurance Institute for Highway 
        Safety, the chance of a crash by a 16- or 17-year-old driver is 
        doubled if there are 2 peers in the vehicle and quadrupled if 
        there are 3 or more peers in the vehicle.
            (4) According to the National Highway Traffic Safety 
        Administration, the cognitive distraction caused by hands-free 
        and hand-held cellular phones is significant enough to degrade 
        a driver's performance, particularly teenage drivers between 15 
        and 20 years of age.
            (5) Although only 20 percent of driving by teenage drivers 
        occurs at night, more than 50 percent of the motor vehicle 
        crash fatalities involving teenage drivers occur at night.
            (6) According to the Insurance Institute for Highway 
        Safety, in 1997, the first full year of Florida's graduated 
        driver licensing system, the number of fatal and injurious 
        crashes among teenage drivers between 15 and 18 years of age 
        was 9 percent lower than in 1995.
            (7) The Journal of the American Medical Association reports 
        that crashes involving 16-year-old drivers decreased between 
        1995 and 1999 by 25 percent in Michigan and by 27 percent in 
        North Carolina. Comprehensive graduated driver licensing 
        systems were implemented in 1997 in these States.
            (8) According to the Automobile Club of Southern 
        California, between 1998 and 2000, the first 3 years of 
        California's graduated driver licensing program--
                    (A) teenage passenger deaths and injuries resulting 
                from crashes in California involving 16-year-old 
                drivers declined by 40 percent; and
                    (B) the number of at-fault collisions in California 
                involving 16-year-old drivers declined by 24 percent.
            (9) The National Transportation Safety Board reports that--
                    (A) more than 40 States and the District of 
                Columbia have implemented 3-stage graduated driver 
                licensing systems; and
                    (B) many States have not yet implemented other 
                basic safety features of graduated driver licensing 
                laws to protect the lives of teenage and novice 
                drivers.
            (10) A 2001 Harris Poll indicates that--
                    (A) 95 percent of Americans support a requirement 
                of 30 to 50 hours of practice driving with and adult;
                    (B) 92 percent of Americans support a 6-month 
                learner's permit period; and
                    (C) 74 percent of Americans support limiting the 
                number of teenage passengers in a car with a teenage 
                driver and supervised driving during high-risk driving 
                periods, such as night.

SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.

    (a) Minimum Requirements.--
            (1) In general.--A State is in compliance with this section 
        if the State has a graduated driver licensing law that requires 
        novice drivers younger than 21 years of age to comply with the 
        2-stage licensing process described in paragraph (2) before 
        receiving an unrestricted driver's license.
            (2) Licensing process.--A State is in compliance with the 
        2-stage licensing process described in this paragraph if the 
        State's driver's license laws include--
                    (A) a learner's permit stage that--
                            (i) commences at 16 years of age or older;
                            (ii) is at least 6 months in duration;
                            (iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation;
                            (iv) prohibits driving at night; and
                            (v) remains in effect until--
                                    (I) the commencement of the 
                                intermediate stage; or
                                    (II) the driver reaches 18 years of 
                                age;
                    (B) an intermediate stage that--
                            (i) commences immediately after the 
                        expiration of the learner's permit stage;
                            (ii) is at least 6 months in duration;
                            (iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation;
                            (iv) prohibits driving at night;
                            (v) prohibits the driver from operating a 
                        motor vehicle with more than 1 non-familial 
                        passenger younger than 21 years of age unless a 
                        licensed driver who is at least 21 years of age 
                        is in the motor vehicle; and
                            (vi) remains in effect until the driver 
                        reaches 18 years of age; and
                    (C) any other requirement that the Secretary of 
                Transportation may require, including--
                            (i) in the learner's permit stage--
                                    (I) at least 40 hours of behind-
                                the-wheel training with a licensed 
                                driver who is at least 21 years of age;
                                    (II) a driver training course; and
                                    (III) a requirement that any such 
                                driver be accompanied and supervised by 
                                a licensed driver who is at least 21 
                                years of age at all times while such 
                                driver is operating a motor vehicle; 
                                and
                            (ii) in the learner's permit or 
                        intermediate stage, a requirement that, in 
                        addition to any other penalties imposed by 
                        State law, the grant of an unrestricted 
                        driver's license be automatically delayed for 
                        any individual who, during the learner's permit 
                        or intermediate stage, is convicted of a 
                        driving-related offense, such as--
                                    (I) driving while intoxicated;
                                    (II) misrepresentation of his or 
                                her true age;
                                    (III) reckless driving;
                                    (IV) driving without wearing a seat 
                                belt;
                                    (V) speeding; or
                                    (VI) any other driving-related 
                                offense, as determined by the 
                                Secretary.
    (b) Rulemaking.--The Secretary of Transportation shall promulgate 
regulations necessary to implement this section in accordance with the 
notice and comment provisions under section 553 of title 5, United 
States.

SEC. 4. INCENTIVE GRANTS.

    (a) In General.--For each of the first 3 fiscal years beginning 
after the date of enactment of this Act, the Secretary of 
Transportation shall award a grant to any State that submits an 
application under subsection (b) if that State is in compliance with 
section 3(a) on or before the first day of that fiscal year.
    (b) Application.--
            (1) In general.--Any State desiring a grant under this 
        section shall submit an application to the Secretary of 
        Transportation at such time, in such manner, and containing 
        such information as the Secretary may require, including a 
        certification by the Governor of the State that the State is in 
        compliance with section 3(a).
            (2) Review.--The Secretary shall review each State 
        application and determine whether or not the State is in 
        compliance with section 3(a).
    (c) Grants.--Amounts appropriated to carry out this section for 
each fiscal year shall be apportioned to each State that is in 
compliance with section 3(a) in an amount determined by multiplying--
            (1) the amount appropriated to carry out this section for 
        such fiscal year; by
            (2) the ratio that the amount of funds apportioned to each 
        such State for such fiscal year under section 402 of title 23, 
        United States Code, bears to the total amount of funds 
        apportioned to all such States for such fiscal year under such 
        section.
    (d) Use of Funds.--Amounts received by a State from a grant awarded 
under this section may be used for--
            (1) enforcing a 2-stage licensing process that complies 
        with section 3(a)(2);
            (2) training for law enforcement personnel and other 
        relevant State agency personnel relating to the enforcement 
        described in paragraph (1);
            (3) publishing relevant educational materials that pertain 
        directly or indirectly to the State graduated driver licensing 
        law; and
            (4) carrying out other administrative activities that the 
        Secretary considers relevant to the State's 2-stage licensing 
        process.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000, out of the Highway Trust Fund (other than the 
Mass Transit Account), to carry out this section during each fiscal 
year described in subsection (a).

SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.

    (a) In General.--
            (1) Fourth fiscal year.--During the fourth fiscal year 
        beginning after the date of the enactment of this Act, the 
        Secretary shall withhold 3 percent of the amount otherwise 
        required to be apportioned to any State for such fiscal year 
        under each of the paragraphs (1), (3), and (4) of section 
        104(b) of title 23, United States Code, if the State is not in 
        compliance with section 3(a) on the first day of such fiscal 
        year.
            (2) Fifth fiscal year.--During the fifth fiscal year 
        beginning after the date of the enactment of this Act, the 
        Secretary shall withhold 5 percent of the amount otherwise 
        required to be apportioned to any State for such fiscal year 
        under each of the paragraphs (1), (3), and (4) of section 
        104(b) of title 23, United States Code, if that State is not in 
        compliance with section 3(a) on the first day of such fiscal 
        year.
            (3) Sixth and subsequent fiscal years.--During each fiscal 
        year after the fifth fiscal year beginning after the date of 
        the enactment of this Act, the Secretary shall withhold 10 
        percent of the amount otherwise required to be apportioned to 
        any State for such fiscal year under each of the paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code, if that State is not in compliance with section 3(a) on 
        the first day of such fiscal year.
    (b) Period of Availability of Withheld Funds.--
            (1) Funds withheld during or before the sixth fiscal 
        year.--Any amount withheld from any State under subsection (a) 
        on or before the last day of the sixth fiscal year beginning 
        after the date of the enactment of this Act, shall remain 
        available for distribution to the State under subsection (c) 
        until the end of the third fiscal year following the fiscal 
        year for which such amount is appropriated.
            (2) Funds withheld after the sixth fiscal year.--Any amount 
        withheld under subsection (a)(2) from any State after the end 
        of the sixth fiscal year beginning after the date of the 
        enactment of this Act, may not be distributed to the State.
    (c) Apportionment of Withheld Funds After Compliance.--
            (1) In general.--If, before the last day of the period for 
        which funds withheld under subsection (a) remain available to a 
        State under subsection (b), the State comes into compliance 
        with section 3(a), the Secretary of Transportation shall, on 
        the first day on which the Secretary determines the State has 
        come into compliance, distribute to the State any amounts 
        withheld under subsection (a) that remains available for 
        apportionment to the State.
            (2) Period of availability of subsequently apportioned 
        funds.--Any amount distributed under paragraph (1) shall remain 
        available for expenditure by the State until the end of the 
        third fiscal year following the year for which the funds are so 
        apportioned. Any amount not expended by the State by the end of 
        such period shall revert back to the Treasury of the United 
        States.
            (3) Effect of noncompliance.--If a State is not in 
        compliance with section 3(a) at the end of the period for which 
        any amount withheld under subsection (a) remains available for 
        distribution to the State under subsection (b), such amount 
        shall revert back to the Treasury of the United States.
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