II 111th CONGRESS 2d Session S. 3269 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.

1.

Short title

This Act may be cited as the Safe Teen and Novice Driver Uniform Protection Act of 2010 or the STANDUP Act.

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.

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.

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).

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.