[Congressional Record Volume 151, Number 26 (Tuesday, March 8, 2005)]
[Senate]
[Pages S2263-S2270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWine (for himself and Mr. Rockefeller):
  S. 565. A bill to direct the National Highway Traffic Safety 
Administration to establish and carry out traffic safety law 
enforcement and compliance campaigns, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DeWINE. Mr. President, the number one killer of those between the 
ages of 4 and 34 in this country today is auto fatalities. If you look 
at those between the ages of 16 and 25, the figures are even more 
exaggerated. We all know that in this country over 42,000 Americans 
lose their lives every year in auto accidents. That figure stays fairly 
constant. The last year we have figures for is 2003, and in that year, 
42,643 of our fellow citizens lost their lives.
  In fact, in the next 12 minutes, to be precise, at least one person 
will be killed in an automobile accident in this country, while nearly 
six people will be injured in just the next 60 seconds.
  This is a tragedy that we as a society are much too willing to 
tolerate. If a foreign enemy were doing this to us, we would not 
tolerate it. We would be up in arms. Someone said it is the equivalent 
of a 747 airplane going down every two days in this country. If that 
were happening, of course, it would be on CNN; we would be demanding an 
explanation. Yet, these auto fatalities that occur, hour-by-hour, day-
by-day, just go on, and for some reason, we have become immune to it, 
hardened to it. They just continue.
  I come to the Floor today to discuss five bills--five bills that my 
staff and I have been working on for a few years now--five bills that I 
will be introducing, but hope will be incorporated in the 
transportation bill we will be considering in the next several weeks. 
These bills are commonsense, practical ways to save lives. Each bill is 
built on solid evidence of what will, in fact, make a difference. These 
are bills that will, in fact, save lives.
  Last year, the Senate passed each of these bills as a part of the 
SAFE-TEA transportation bill. I want to thank Senators Inhofe, 
Jeffords, Bond, Reid, and McCain for their assistance in making that 
happen. Our former colleague Senator Hollings was also instrumental in 
clearing these bills. So, what I'm talking about today is a set of 
bills that has already enjoyed the support of the Senate, and I believe 
we ought to pass each and every one of them again this year as a part 
of the transportation reauthorization. In particular, I look forward to 
working with Senators Stevens, Lott, and Inouye on the Commerce 
Committee portion of my transportation safety package.
  I am thankful for the support and assistance of Senator Rockefeller 
as the lead co-sponsor on the first several bills--the vehicle safety 
bills--as well as Senator Lautenberg's leadership as my chief co-
sponsor on the drunk driving prevention campaign bill. Both Senators 
are great leaders on highway safety, and I'm pleased to be working with 
them this year in an effort to get these bills signed into law.
  The first bill we call ``Stars on Cars.'' While its name is cute, its 
focus is quite serious. When you go to buy a new car, there is a large 
label in the window detailing the price, features, gas mileage, and 
other information about the vehicle. This label is referred to in the 
auto industry as the ``Monroney Label'' after a former member of this 
body, Senator Monroney from Oklahoma. We all know what the sticker 
looks like.
  But, what we may not know is that most of the content on that sticker 
is mandated by the Federal Government. The mileage per gallon has been 
on there for a number of years. The Federal government says that your 
city mileage has to be on there and your highway mileage has to be on 
there. It has to tell you whether the vehicle has air-conditioning. It 
has to tell you whether it has a stereo. It has to tell you a whole 
bunch of other stuff.
  One piece of information is not on there--and that is the vehicle's 
safety rating.
  The funny thing is that in the vast majority of cases, you have 
already paid to have the Federal Government--specifically the National 
Highway Traffic Safety Administration (NHTSA)--spend millions of 
dollars to test that very car and others like it. In fact, the National 
Highway Traffic Safety Administration has put that information up on 
the Internet. Nonetheless, the basic fact is that when you go in to buy 
that car, that information is not available to you. It is not available 
to the American consumer in the one place where it would make a 
difference--where you buy the car, at the dealership.
  Doing this right wouldn't cost the taxpayers another dime. The car 
companies are already printing the labels. Under this legislation, we 
would add a new section to the label titled ``Government Safety 
Information.'' The new section would clearly lay out information from 
each of the government crash tests--frontal crash impact, side impact, 
and rollover resistance. For vehicles that haven't been tested yet, the 
label will say so. We would show the ratings pure and simple, as 
graphical star ratings on the label, just like many automakers do in 
their commercials.

  The bill requires that this be done in a manner that can be clearly 
understood by your average car buyer, with short explanations as to 
what each rating means.
  What impact would this have? I happen to believe the consumer is 
better off with more information than less information on whatever we 
are talking about. The consumer ought to know what the Government does. 
The consumer ought to know that type of information. The consumer would 
make better choices. Consumers care about safety. They will make better 
choices, and in all likelihood, they are going to choose safer vehicles 
and more lives will, in fact, be saved.
  It just makes good common sense to do this. We have worked hard to 
fashion a bill that gets this life-saving information to consumers in a 
way that is sensitive to the concerns of automakers, as well as the 
NHTSA. We've reached out to a broad coalition to craft our bill for 
2005, and I look forward to working with interested parties to continue 
to improve and shape the language contained in it. In the end, this 
bill is my number one safety priority for passage into law this year.
  The second bill we call ``Safe Kids and Cars.'' Cars, unfortunately, 
are involved in child deaths at unbelievable rates. According to NHTSA 
data, automobile accidents happen to be the leading cause of death in 
the United States for children age 4 and up, and are right among the 
top causes for those ages 0 to 3.
  More than cancer, more than homicide, more than fire, more than 
drowning, more than anything else, auto accidents are the source of 
child fatalities. We have a problem. And, while I congratulate auto 
manufacturers, safety groups, and NHTSA for working hard on this issue, 
there's more work to be done. Anything we can do to make a car safer 
for our kids, we should be doing it. Complacency is not an option.
  The focus of this bill is to improve data collection and vehicle 
testing with regard to some specific dangers that small children face. 
NHTSA has done an excellent job in terms of working from solid data, 
and this is one area where unfortunately we just don't have enough data 
to move forward. Likewise, we need the tools to perform effective 
vehicle tests once we have those numbers, and my bill contains measures 
to see to it that we develop these tools.
  In terms of testing, child-size dummies are an area where NHTSA needs 
to review its testing and look for areas where increased use of these 
dummies would lead to increased safety, or a better understanding of 
how crash forces impact small children. My bill directs NHTSA to 
conduct a full review of test procedures and incorporate

[[Page S2264]]

these child dummies when and where suitable. We also ask the agency to 
give a status update on the extremely important Hybrid-III 10-year-old 
child test dummy.
  The rest of the bill focuses on an emerging danger for small children 
often referred to as ``non-traffic, non-crash'' accident situations. 
These are incidents in which interaction between an automobile and a 
child leads to injury or death when the vehicle is not on the road, or 
where no actual crash has occurred. Instead, these are incidents that 
happen in parked cars, driveways, parking lots, and other very common 
situations. Unfortunately, these common situations can be deadly under 
the wrong circumstances.
  A prime example of ``non-traffic, non-crash'' dangers to small 
children has to do with dangerous power window switches. In many cases, 
children are left alone in a vehicle and manage to inadvertently 
activate a power window switch--a situation which can lead to the 
window moving up and crushing a limb or other part of the child's body. 
Some children are killed almost instantaneously by the force of the 
rising window. These incidents are not terribly frequent, but they are 
preventable at almost no cost to consumers and manufacturers.
  Power windows are an area where NHTSA has taken action since I last 
introduced the child safety bill, and I want to pause to thank Dr. 
Jeffrey Runge, NHTSA Administrator; Janette Fennel, President of the 
safety advocacy group Kids and Cars; and several other groups for their 
work to make the new power window safety rule possible. The new rule, 
which I helped announce in Columbus late last year, will lead to the 
elimination of unsafe power window switches--switches that can be 
accidentally tripped by children with ease--in every car and light 
truck sold in the United States. It is clearly a step in the right 
direction, and it will save lives.

  Unsafe power window switches show one kind of ``non-traffic, non-
crash'' danger children face today. Were it not for a one-time study of 
death certificates by NHTSA, we would have no government data 
whatsoever on how widespread this problem happens to be. We would not 
know much about other types of ``non-traffic, non-crash'' dangers, such 
as backover incidents and heat exhaustion in closed vehicles. These are 
areas where there is a clear need for better data collection and 
testing. My bill tackles each head-on.
  The ``Safe Kids and Cars'' bill directs NHTSA to continue pushing 
forward on ``non-traffic, non-crash'' incidents by instituting, for the 
first time, regular collection of data on these kinds of accidents. 
With time and some solid data, we may be able to tackle other kinds of 
``non-traffic, non-crash'' problems in the future. Understanding the 
problem is the first step.
  A third bill has to do with dangerous road intersections. Every State 
has them. Most States, fortunately, rank these roads. They keep a list 
of the bad ones. But, amazingly, there are many States that keep this 
information secret and don't tell the public.
  Again, citizens have a right to know this information. What would you 
do with the information? As a parent, I might tell my 16-year-old not 
to go that way to the movie. At least I have the right to have that 
information and would be able to say go another way. It might take 
another 10 minutes, but go that way. Don't go by that intersection. 
Don't go on that curvy road. State Departments of Transportation 
already have that information.
  Each State should provide that information to the public. They 
already know it, and they should provide it. Policymakers need to know 
that to make decisions about how to spend money in that state and what 
roads to fix.
  I would like to briefly talk about a woman by the name of Sandy 
Johnson and her mother Jacqueline. On October 5, 2002, Sandy and 
Jacqueline were killed in a car crash at a dangerous intersection near 
Columbus.
  What they did not know as they drove into that intersection--and what 
countless other area residents who used the roads that cross through it 
did not know at the time--was that this particular intersection was 
known at that time by the Ohio Department of Transportation to be a 
very dangerous area. In fact, ODOT had indeed known that information 
for quite some time. Perhaps if Sandy Johnson had known that she would 
have taken a different route that day. We will never know.
  Following the tragic death of his wife and his mother-in-law, Dean 
Johnson initiated a campaign to tackle the issue of dangerous roads and 
dangerous intersections, not just in Ohio, but across the country. He 
has tried with varying results from state to state to get information 
on dangerous roads and intersection locations out to the public so 
tragedies like the one involving his wife could be prevented.
  As I have in the past, I would like to thank Dean Johnson for his 
dedication to this very important public safety issue and for the 
progress he has made in my home State of Ohio and elsewhere in terms of 
getting critical lifesaving information out to citizens through the 
Sandy Johnson Foundation. His assistance has been an asset in crafting 
this legislation, and I look forward to working with him in the future.
  My bill requires that safety information be disclosed to the public 
as an eligibility requirement for a new Federal safety funding 
program--the Highway Safety Improvement Program. States seeking 
additional Federal dollars for safety construction projects will have 
to take the quick and easy step of identifying their danger spots, 
ranking them according to severity, and then disclosing them to the 
public. I believe this is the least we can ask from States in exchange 
for large chunks of federal aid.
  In some cases, States would like to release the data but fear the 
legal ramifications of doing so. My bill contains a fix for this that 
provides the same kind of protection States already enjoy for other 
types of highway safety data. In other words, no legal harm could come 
to a State for releasing lists of dangerous locations under this bill.
  Further, States need to find ways to get safety experts, law 
enforcement, engineers, transportation officials, and the general 
public working together to identify and correct dangerous locations. 
I've borrowed language in my bill from last year's Senate-passed SAFE-
TEA bill--excellent language drafted and passed by Senator Inhofe and 
the Environment and Public Works Committee that creates incentives for 
States to foster this kind of collaboration. Collaboration between 
these entities is essential to finding quick, effective solutions to 
fatalities arising from dangerous intersections, as well as long 
stretches of roadway that account for high crash rates. I am including 
the Committee's language on Highway Safety Improvement Programs in my 
bill because I strongly believe that it is a step in the right 
direction.

  The fourth bill I am introducing has to do with driver education. 
Teen driving is an area where fatality rates are extremely high and 
unfortunately where programs across the country are not getting the job 
done.
  Above average crash and fatality rates may be inevitable for teenage 
drivers, but they can certainly be reduced substantially from present-
day levels. The Federal Government cannot run driver education. It is 
clearly a State responsibility. But it can play a small, productive 
role.
  For decades, our attempt to address this problem--standard classroom-
based driver education--has been ineffective or worse, inspiring false 
confidence in students and parents alike that graduates are ready to 
drive safely. Fortunately, we've started to move in a new direction as 
a nation, with 41 States adding innovative graduated driver licensing 
(GDL) laws to their ongoing driver education efforts. These new laws 
have been proven to be effective in reducing accident and fatality 
rates. While my bill contains language to raise the bar on GDL laws and 
make them more effective, its real emphasis is on finding a better way 
with respect to driver education.
  Revitalized driver education needs to be data-driven and cognizant of 
the limitations associated with classroom-based instruction. It must 
utilize new ways of inculcating young drivers with the knowledge and 
skills they need to avoid unnecessary high-risk situations, 
particularly in the first six months behind the wheel. Integration of 
driver education with the graduated driver licensing process to 
maximize the safety value of both programs also must be addressed.

[[Page S2265]]

  Past failures in our Nation's history with regard to driver education 
are not a reason to abandon these programs. They are a reason to go 
back to the drawing board to re-invent more effective means of 
promoting safe driving.
  A recent study by the National Institutes for Health sheds some light 
on the problem. The study suggests that due to their unique brain 
development, risk tolerance, and other tendencies--teen drivers are 
naturally inclined toward increased danger on the roads. Clearly, some 
methods used in driver education today aren't getting the message 
through, and in some areas, the message may never get through 
independent of who does the teaching.
  NHTSA and its research partners must find ways to tailor the content 
and delivery of driver education so that it recognizes these realities 
and focuses on areas where novice drivers can learn the skills 
necessary to be safer drivers. A NHTSA pilot program is currently under 
way with several states to test out updated ``best practices'' driver 
education models--not mandates, not national standards, but just best 
practices.
  My bill responds to the call for national leadership in driver 
education and licensing made at a recent National Transportation Safety 
Board forum by creating a Driver Education and Licensing Improvement 
Program within NHTSA. The new Improvement Program will provide NHTSA 
with the resources and time it needs to run the pilot program and then 
evaluate the results to see what works and what doesn't.
  Once this pilot program has run its course, my bill provides a modest 
amount of grant funding to supply states with the resources and 
technical expertise necessary to implement the ``best practices'' model 
in a way that fits their specific needs and circumstances. The grants 
will be competitively awarded, and also will be available for 
fulfillment of several other state needs with regard to novice driver 
education and licensing. This grant program is 100 percent voluntary, 
and my bill has been crafted carefully to ensure that the prerogatives 
of States are protected in every manner.
  The areas ripe for improvement are numerous: instructor 
certification, curriculum improvement, outreach to increase parental 
involvement, enforcement of graduated driver licensing laws, and 
follow-up testing to ensure program effectiveness. These are just a few 
examples. By creating a National Driver Education and Licensing 
Improvement Program within NHTSA, and tasking that program to come up 
with best practices, we can help States interested in improving their 
programs do so without having to expend the time and resources 
necessary to ``re-invent the wheel'' on their own.

  I have worked for over a year with NHTSA, the American Driver 
Training and Safety Education Association, the Governors' Highway 
Safety Association, the American Motor Vehicle Administrators' 
Association, AAA, the Driving School Association of America, Advocates 
for Auto and Highway Safety, and several other groups to come up with 
the bill that will be introduced today. Its contents are a compromise 
that reflects significant input from each of these fine organizations, 
and I believe we are now at a point where the road ahead toward safer, 
more effective driver education and licensing programs is clear. The 
goals set by this bill are clear, and the means to achieve them are 
provided for in full. The time has come to take serious action on 
driver education and licensing in this country.
  Lastly, I'd like to introduce the Safe Intersections Act of 2005. 
This bill would criminalize the unauthorized sale or use of mobile 
infrared transmitters, also known as ``MIRTs.''
  A MIRT is a remote control for changing traffic signals. These 
devices have been used for years by ambulances, police cars, and fire 
trucks, and maintenance crews, allowing them to reach emergencies 
faster. As an ambulance approaches an intersection where the light is 
red, the driver engages the transmitter. That transmitter then sends a 
signal to a receiver on the traffic light, which changes to green 
within a few seconds. This is a very useful tool when properly used in 
emergency situations.
  In a 2002 survey, the U.S. Department of Transportation found that in 
the top 78 metropolitan areas, there are 24,683 traffic lights equipped 
with the sensors. In Ohio, there is a joint pilot project underway by 
the Washington Township Fire Department and the Dublin Police 
Department to install these devices. Other areas in Ohio where they are 
in use include Mentor, Twinsburg, Willoughby, and Westerville. Here in 
the District of Columbia, emergency services across the country, law 
enforcement officers, fire departments, and paramedics utilize this 
technology to make communities safer.
  However, recently it has come to light that this technology may be 
sold to unauthorized individuals--individuals who want to use this 
technology to bypass red lights during their commute or during their 
everyday driving. MIRT was never intended for this use. MIRT 
technology--in the hands of unauthorized users--could result in traffic 
problems, like gridlock, or even worse, accidents in which people are 
injured or killed.
  Let me quote from an ad that was posted on the Internet auction site, 
eBay:
  ``Tired of sitting at endless red lights? Frustrated by lights that 
turn from green to red too quickly, trapping you in traffic? The MIRT 
light changer used by police and other emergency vehicles Change the 
Traffic Signal Red to Green [for] only $499.00. Traffic Signal Changing 
Devices--it's every motorist's fantasy to be able to make a red traffic 
light turn green without so much as easing off the accelerator. The 
very technology that has for years allowed fire trucks, ambulances, and 
police cars to get to emergencies faster--a remote control that changes 
traffic signals--is now much cheaper and potentially accessible.''
  This ad demonstrates the extent to which the potential widespread 
sale and possession of MIRT technology by drivers would be a hazard to 
public safety and must be stopped before it starts. The Congressional 
Fire Service Institute, Ohio Fire Alliance, and several other 
organizations have come out in support of this measure. I look forward 
to working with my colleagues to ensure that it becomes law.
  The sixth bill I am introducing today is a bi-partisan bill aimed at 
reducing the number of drinking and driving deaths and injuries on our 
roads. Tragically, our Nation has experienced increases in alcohol-
related traffic fatalities three of the past four years. In 2003--the 
last year for which full statistics are available--17,013 Americans 
died in alcohol-related incidents. This total represents 40 percent of 
the 42,643 people killed in traffic incidents.
  The bill I am introducing today along with Senator Lautenberg--the 
Traffic Safety Law Enforcement Campaign Act--would require states to 
conduct a combined media/law enforcement campaign aimed at reducing 
drunk driving fatalities. Specifically, the law enforcement portion 
consists of sobriety checkpoints in the District of Columbia and in the 
39 States that allow them and saturation patrols in those states that 
do not. The Centers for Disease Control estimate that the sobriety 
checkpoints proposed in the underlying bill may reduce alcohol related 
crashes by as much as 20 percent. Law enforcement officials from across 
the United States underscored this point in a recent conference 
sponsored by MADD, making high visibility enforcement campaigns a top 
priority. More than 75 percent of the public has indicated in NHTSA 
polls their support for sobriety checkpoints. In fact, NHTSA has 
concluded that 62 percent of Americans want sobriety checkpoints to be 
used more often.
  These six bills will go a long way. They are common sense. They will 
make a difference. This is something I have been interested in for many 
years, going back to my time in the Ohio Legislature 20 years ago when 
I introduced the drunk driving bill, and we were able to pass a tough 
drunk driving bill in the Ohio Legislature. I worked for .08. It was 
very controversial in the Senate, but we were able to pass .08. Senator 
Lautenburg and I worked on that.
  Anytime you lose 42,643 Americans every year, highway safety is 
something we all have to be concerned about.
  I know the SAFE-TEA highway bill is not on the Floor yet, but I have 
seen it, and of course was pleased to support

[[Page S2266]]

it on the Floor last year. As passed by the Senate in 2004, the bill 
goes farther than any highway bill regard to safety. This year's bill 
from the Environment and Public Works Committee will enable the same 
great progress on highway safety. I congratulate the authors.
  In the weeks ahead, I look forward to working with the respective 
committees and outside organizations on the bills I have described 
above as amendments to the 2005 SAFE-TEA bill. But, I want to make it 
very clear that these bills and amendments are not in any way critical 
of the underlying bill. In fact, I hope they will be complementary and 
simply add to a good product that is already a good product and will 
help to improve it.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 560

       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 ``Stars on Cars Act of 2005''.

     SEC. 2. AMENDMENT OF AUTOMOBILE INFORMATION DISCLOSURE ACT.

       (a) Safety Labeling Requirement.--Section 3 of the 
     Automobile Information Disclosure Act (15 U.S.C. 1232) is 
     amended--
       (1) in subsection (e), by striking ``and'' at the end;
       (2) in subsection (f)--
       (A) in paragraph (3), by inserting ``and'' after the 
     semicolon; and
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(g) if 1 or more safety ratings for such automobile have 
     been assigned and formally published or released by the 
     National Highway Traffic Safety Administration under the New 
     Car Assessment Program, information about safety ratings 
     that--
       ``(1) includes a graphic depiction of the number of stars, 
     or other applicable rating, that corresponds to each such 
     assigned safety rating displayed in a clearly differentiated 
     fashion indicating the maximum possible safety rating;
       ``(2) refers to frontal impact crash tests, side impact 
     crash tests, and rollover resistance tests (whether or not 
     such automobile has been assigned a safety rating for such 
     tests);
       ``(3) contains information describing the nature and 
     meaning of the crash test data presented and a reference to 
     additional vehicle safety resources, including http://
www.safecar.gov; and
       ``(4) is presented in a legible, visible, and prominent 
     fashion and covers at least--
       ``(A) 8 percent of the total area of the label; or
       ``(B) an area with a minimum length of 4\1/2\ inches and a 
     minimum height of 3\1/2\ inches; and
       ``(h) if an automobile has not been tested by the National 
     Highway Traffic Safety Administration under the New Car 
     Assessment Program, or safety ratings for such automobile 
     have not been assigned in one or more rating categories, a 
     statement to that effect.''.
       (b) Regulations.--Not later than January 1, 2006, the 
     Secretary of Transportation shall issue regulations to 
     implement the labeling requirements under subsections (g) and 
     (h) of section 3 of the Automobile Information Disclosure 
     Act, as added by subsection (a).
       (c) Applicability.--The labeling requirements under 
     subsections (g) and (h) of section 3 of such Act (as added by 
     subsection (a)), and the regulations prescribed under 
     subsection (b), shall apply to new automobiles delivered on 
     or after--
       (1) September 1, 2006, if the regulations under subsection 
     (b) are prescribed not later than August 31, 2005; or
       (2) September 1, 2007, if the regulations under subsection 
     (b) are prescribed after August 31, 2005.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation, to accelerate the testing processes and 
     increasing the number of vehicles tested under the New Car 
     Assessment Program of the National Highway Traffic Safety 
     Administration--
       (1) $15,000,000 for fiscal year 2006;
       (2) $8,134,065 for fiscal year 2007;
       (3) $8,418,760 for fiscal year 2008;
       (4) $8,713,410 for fiscal year 2009; and
       (5) $9,018,385 for fiscal year 2010.

                                 S. 561

       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 Kids and Cars Act of 
     2005''.
       (a) Incorporation of Child Dummies in Safety Tests.--
       (1) Review process required.--Not later than 2 years after 
     the date of the enactment of this Act, the Administrator of 
     the National Highway Traffic Safety Administration shall 
     conduct a review process to increase utilization of child 
     dummies, including Hybrid-III child dummies, in motor vehicle 
     safety tests, including crash tests, conducted by the 
     Administration.
       (2) Criteria.--In conducting the review process under 
     subsection (a), the Administrator shall select motor vehicle 
     safety tests in which the inclusion of child dummies will 
     lead to--
       (A) increased understanding of crash dynamics with respect 
     to children; and
       (B) measurably improved child safety.
       (3) Public input.--The Secretary of Transportation shall 
     solicit and consider input from the public regarding the 
     review process under paragraph (1).
       (4) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall publish a report 
     regarding the implementation of this section. The report 
     shall include information regarding the current status of the 
     Hybrid-III 10 year old child test dummy.
       (b) Child Safety Information Programs.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall supplement ongoing consumer information programs 
     relating to child safety with information regarding hazards 
     to children in nontraffic, noncrash accident situations.
       (2) Activities to supplement information.--In supplementing 
     such programs, the Secretary shall--
       (A) utilize information collected in the database 
     maintained under subsection (e) regarding nontraffic, 
     noncrash injuries, as well as other relevant data from 
     private organizations, to establish priorities for the 
     program;
       (B) address ways in which parents can mitigate dangers to 
     small children arising from preventable causes, including 
     backover incidents, hyperthermia in closed vehicles, and 
     accidental activation of power windows;
       (C) partner with national child safety research 
     organizations and other interested organizations with respect 
     to the delivery of program information; and
       (D) make information related to child safety available to 
     the public via the Internet and other means.
       (c) Report on Vehicle Visibility.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary of 
     Transportation shall submit a report to Congress on the 
     extent to which driver visibility of the area immediately 
     surrounding [light passenger vehicles] and obstructions to 
     such visibility affect pedestrian safety, including the 
     safety of infants and small children, in nontraffic, noncrash 
     situations.
       (d) Report on Enhanced Vehicle Safety Technologies.--Not 
     later than 18 months after the date of the enactment of this 
     Act, the Secretary of Transportation shall submit to Congress 
     a report that describes, evaluates, and determines the 
     relative effectiveness of--
       (1) currently available and emerging technologies, 
     including auto-reverse functions, that are designed to 
     prevent and reduce the number of injuries and deaths to 
     children left unattended inside parked motor vehicles, 
     including injuries and deaths that result from hyperthermia 
     or are related to power windows or power sunroofs; and
       (2) currently available and emerging technologies that are 
     designed to prevent deaths and injuries to small children 
     resulting from vehicle blind spots and backover incidents.
       (e) Database on Injuries and Deaths in Nontraffic, Noncrash 
     Events.--
       (1) In general.--The Secretary of Transportation shall 
     maintain a database of, and regularly collect data regarding, 
     injuries and deaths in nontraffic, noncrash events involving 
     motor vehicles. The database shall include information 
     regarding--
       (A) the number, types, and proximate causes of injuries and 
     deaths resulting from such events;
       (B) the characteristics of motor vehicles involved in such 
     events;
       (C) the characteristics of the motor vehicle operators and 
     victims involved in such events; and
       (D) the presence or absence in motor vehicles involved in 
     such events of advanced technologies designed to prevent such 
     injuries and deaths.
       (2) Regulations.--The Secretary shall prescribe regulations 
     regarding how to structure and compile the database. The 
     Secretary shall solicit and consider input from the public 
     regarding data collection procedures and the structure of the 
     database maintained under paragraph (1).
       (3) Deadlines.--The Secretary shall--
       (A) complete the prescription of regulations and the 
     consideration of public input under paragraph (2) not later 
     than September 1, 2006; and
       (B) commence the collection of data under paragraph (1) not 
     later than January 1, 2007.
       (4) Availability.--The Secretary shall make the database 
     maintained under paragraph (1) available to the public.

                                 S. 562

       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 Streets and Highways 
     Act of 2005''.

     SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       (a) Safety Improvement.--
       (1) In general.--Section 148 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 148. Highway safety Improvement program

       ``(a) Definitions.--In this section:

[[Page S2267]]

       ``(1) Driver conditioning.--The term `driver conditioning' 
     means the process by which drivers learn to respond to 
     specific road conditions and traffic patterns that generally 
     remain consistent over time, making the driver susceptible to 
     error when confronted with minor changes in those road 
     conditions or traffic patterns.
       ``(2) Highway safety improvement program.--The term 
     `highway safety improvement program' means the program 
     carried out under this section.
       ``(3) Highway safety improvement project.--
       ``(A) In general.--The term `highway safety improvement 
     project' means a project described in the State strategic 
     highway safety plan that--
       ``(i) corrects or improves a hazardous road location or 
     feature; or
       ``(ii) addresses a highway safety problem.
       ``(B) Inclusions.--The term `highway safety improvement 
     project' includes a project for--
       ``(i) an intersection safety improvement;
       ``(ii) pavement and shoulder widening (including addition 
     of a passing lane to remedy an unsafe condition);
       ``(iii) installation of rumble strips or another warning 
     device, if the rumble strips or other warning devices do not 
     adversely affect the safety or mobility of bicyclists and 
     pedestrians;
       ``(iv) installation of a skid-resistant surface at an 
     intersection or other location with a high frequency of 
     accidents;
       ``(v) an improvement for pedestrian or bicyclist safety;
       ``(vi)(I) construction of any project for the elimination 
     of hazards at a railway-highway crossing that is eligible for 
     funding under section 130, including the separation or 
     protection of grades at railway-highway crossings;
       ``(II) construction of a railway-highway crossing safety 
     feature; or
       ``(III) the conduct of a model traffic enforcement activity 
     at a railway-highway crossing;
       ``(vii) construction of a traffic calming feature;
       ``(viii) elimination of a roadside obstacle;
       ``(ix) improvement of highway signage and pavement 
     markings, including improvements designed to implement 
     minimum retroflectivity standards in compliance with section 
     406 of the Department of Transportation and Related Agencies 
     Appropriations Act, 1993 (106 Stat. 1564), and signage 
     designed to identify high-crash locations or address driver 
     conditioning hazards;
       ``(x) installation of a priority control system for 
     emergency vehicles at signalized intersections;
       ``(xi) installation of a traffic control or other warning 
     device at a location with high accident potential;
       ``(xii) safety-conscious planning;
       ``(xiii) improvement in the collection and analysis of 
     crash data;
       ``(xiv) planning, integrated, interoperable emergency 
     communications, equipment, operational activities, or traffic 
     enforcement activities (including police assistance) relating 
     to workzone safety;
       ``(xv) installation of guardrails, barriers (including 
     barriers between construction work zones and traffic lanes 
     for the safety of motorists and workers), and crash 
     attenuators;
       ``(xvi) the addition or retrofitting of structures or other 
     measures to eliminate or reduce accidents involving vehicles 
     and wildlife; or
       ``(xvii) installation and maintenance of signs (including 
     fluorescent, yellow-green signs) at pedestrian-bicycle 
     crossings and in school zones.
       ``(4) Safety project under any other section.--
       ``(A) In general.--The term `safety project under any other 
     section' means a project carried out for the purpose of 
     safety under any other section of this title.
       ``(B) Inclusion.--The term `safety project under any other 
     section' includes a project to--
       ``(i) promote the awareness of the public and educate the 
     public concerning highway safety matters; or
       ``(ii) enforce highway safety laws.
       ``(5) State highway safety improvement program.--The term 
     `State highway safety improvement program' means projects or 
     strategies included in the State strategic highway safety 
     plan carried out as part of the State transportation 
     improvement program under section 135(f).
       ``(6) State strategic highway safety plan.--The term `State 
     strategic highway safety plan' means a plan developed by the 
     State transportation department that--
       ``(A) is developed after consultation with--
       ``(i) a highway safety representative of the Governor of 
     the State;
       ``(ii) regional transportation planning organizations and 
     metropolitan planning organizations, if any;
       ``(iii) representatives of major modes of transportation;
       ``(iv) State and local traffic enforcement officials;
       ``(v) persons responsible for administering section 130 at 
     the State level;
       ``(vi) representatives conducting Operation Lifesaver;
       ``(vii) representatives conducting a motor carrier safety 
     program under section 31104 or 31107 of title 49;
       ``(viii) motor vehicle administration agencies; and
       ``(ix) other major State and local safety stakeholders;
       ``(B) analyzes and makes effective use of State, regional, 
     or local crash data;
       ``(C) addresses engineering, management, operation, 
     education, enforcement, and emergency services elements 
     (including integrated, interoperable emergency 
     communications) of highway safety as key factors in 
     evaluating highway projects;
       ``(D) considers safety needs of, and high-fatality segments 
     of, public roads;
       ``(E) considers the results of State, regional, or local 
     transportation and highway safety planning processes;
       ``(F) describes a program of projects or strategies to 
     reduce or eliminate safety hazards;
       ``(G) is approved by the Governor of the State or a 
     responsible State agency; and
       ``(H) is consistent with the requirements of section 
     135(f).
       ``(b) Program.--
       ``(1) In general.--The Secretary shall carry out a highway 
     safety improvement program.
       ``(2) Purpose.--The purpose of the highway safety 
     improvement program shall be to achieve a significant 
     reduction in traffic fatalities and serious injuries on 
     public roads.
       ``(c) Eligibility.--
       ``(1) In general.--To obligate funds apportioned under 
     section 104(b)(5) to carry out this section, a State shall 
     have in effect a State highway safety improvement program 
     under which the State--
       ``(A) develops and implements a State strategic highway 
     safety plan that identifies and analyzes highway safety 
     problems and opportunities as provided in paragraph (2);
       ``(B) produces a program of projects or strategies to 
     reduce identified safety problems;
       ``(C) evaluates the plan on a regular basis to ensure the 
     accuracy of the data and priority of proposed improvements; 
     and
       ``(D) submits to the Secretary an annual report that--
       ``(i) describes, in a clearly understandable fashion, not 
     less than 25 percent of locations determined by the State, 
     using criteria established in accordance with paragraph 
     (2)(B)(ii), as exhibiting the most severe safety needs; and
       ``(ii) contains an assessment of--

       ``(I) potential remedies to hazardous locations identified;
       ``(II) estimated costs associated with those remedies; and
       ``(III) impediments to implementation other than cost 
     associated with those remedies.

       ``(2) Identification and analysis of highway safety 
     problems and opportunities.--As part of the State strategic 
     highway safety plan, a State shall--
       ``(A) have in place a crash data system with the ability to 
     perform safety problem identification and countermeasure 
     analysis;
       ``(B) based on the analysis required by subparagraph (A)--
       ``(i) identify hazardous locations, sections, and elements 
     (including roadside obstacles, railway-highway crossing 
     needs, and unmarked or poorly marked roads) that constitute a 
     danger to motorists, bicyclists, pedestrians, and other 
     highway users; and
       ``(ii) using such criteria as the State determines to be 
     appropriate, establish the relative severity of those 
     locations, in terms of accidents, injuries, deaths, traffic 
     volume levels, and other relevant data;
       ``(C) adopt strategic and performance-based goals that--
       ``(i) address traffic safety, including behavioral and 
     infrastructure problems and opportunities on all public 
     roads;
       ``(ii) focus resources on areas of greatest need; and
       ``(iii) are coordinated with other State highway safety 
     programs;
       ``(D) advance the capabilities of the State for traffic 
     records data collection, analysis, and integration with other 
     sources of safety data (such as road inventories) in a manner 
     that--
       ``(i) complements the State highway safety program under 
     chapter 4 and the commercial vehicle safety plan under 
     section 31102 of title 49;
       ``(ii) includes all public roads;
       ``(iii) identifies hazardous locations, sections, and 
     elements on public roads that constitute a danger to 
     motorists, bicyclists, pedestrians, and other highway users; 
     and
       ``(iv) includes a means of identifying the relative 
     severity of hazardous locations described in clause (iii) in 
     terms of accidents, injuries, deaths, and traffic volume 
     levels;
       ``(E)(i) determine priorities for the correction of 
     hazardous road locations, sections, and elements (including 
     railway-highway crossing improvements), as identified through 
     crash data analysis;
       ``(ii) identify opportunities for preventing the 
     development of such hazardous conditions; and
       ``(iii) establish and implement a schedule of highway 
     safety improvement projects for hazard correction and hazard 
     prevention; and
       ``(F)(i) establish an evaluation process to analyze and 
     assess results achieved by highway safety improvement 
     projects carried out in accordance with procedures and 
     criteria established by this section; and
       ``(ii) use the information obtained under clause (i) in 
     setting priorities for highway safety improvement projects.
       ``(d) Eligible Projects.--

[[Page S2268]]

       ``(1) In general.--A State may obligate funds apportioned 
     to the State under section 104(b)(5) to carry out--
       ``(A) any highway safety improvement project on any public 
     road or publicly owned bicycle or pedestrian pathway or 
     trail; or
       ``(B) as provided in subsection (e), for other safety 
     projects.
       ``(2) Use of other funding for safety.--
       ``(A) Effect of section.--Nothing in this section prohibits 
     the use of funds made available under other provisions of 
     this title for highway safety improvement projects.
       ``(B) Use of other funds.--States are encouraged to address 
     the full scope of their safety needs and opportunities by 
     using funds made available under other provisions of this 
     title (except a provision that specifically prohibits that 
     use).
       ``(e) Flexible Funding for States With a Strategic Highway 
     Safety Plan.--
       ``(1) In general.--To further the implementation of a State 
     strategic highway safety plan, a State may use up to 25 
     percent of the amount of funds made available under this 
     section for a fiscal year to carry out safety projects under 
     any other section as provided in the State strategic highway 
     safety plan.
       ``(2) Other transportation and highway safety plans.--
     Nothing in this subsection requires a State to revise any 
     State process, plan, or program in effect on the date of 
     enactment of this section.
       ``(f) Reports.--
       ``(1) In general.--A State shall submit to the Secretary a 
     report that--
       ``(A) describes progress being made to implement highway 
     safety improvement projects under this section;
       ``(B) assesses the effectiveness of those improvements; and
       ``(C) describes the extent to which the improvements funded 
     under this section contribute to the goals of--
       ``(i) reducing the number of fatalities on roadways;
       ``(ii) reducing the number of roadway-related injuries;
       ``(iii) reducing the occurrences of roadway-related 
     crashes;
       ``(iv) mitigating the consequences of roadway-related 
     crashes; and
       ``(v) reducing the occurrences of roadway-railroad grade 
     crossing crashes.
       ``(2) Contents; schedule.--The Secretary shall establish 
     the content and schedule for a report under paragraph (1).
       ``(3) Transparency.--The Secretary shall make reports under 
     subsection (c)(1)(D) available to the public through--
       ``(A) the Internet site of the Department; and
       ``(B) such other means as the Secretary determines to be 
     appropriate.
       ``(4) Discovery and admission into evidence of certain 
     reports, surveys, and information.--Notwithstanding any other 
     provision of law, reports, surveys, schedules, lists, or data 
     compiled or collected for any purpose directly relating to 
     paragraph (1) or subsection (c)(1)(D), or published by the 
     Secretary in accordance with paragraph (3), shall not be 
     subject to discovery or admitted into evidence in a Federal 
     or State court proceeding or considered for other purposes in 
     any action for damages arising from any occurrence at a 
     location identified or addressed in such reports, surveys, 
     schedules, lists, or other data.
       ``(g) Federal Share of Highway Safety Improvement 
     Projects.--Except as provided in sections 120 and 130, the 
     Federal share of the cost of a highway safety improvement 
     project carried out with funds made available under this 
     section shall be 90 percent.
       ``(h) Funds for Bicycle and Pedestrian Safety.--A State 
     shall allocate for bicycle and pedestrian improvements in the 
     State a percentage of the funds remaining after 
     implementation of sections 130(e) and 150, in an amount that 
     is equal to or greater than the percentage of all fatal 
     crashes in the States involving bicyclists and pedestrians.
       ``(i) Roadway Safety Improvements for Older Drivers and 
     Pedestrians.--For each of fiscal years 2005 through 2010, 
     $25,000,000 is authorized to be appropriated out of the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     projects in all States to improve traffic signs and pavement 
     markings in a manner consistent with the recommendations 
     included in the publication of the Federal Highway 
     Administration entitled `Guidelines and Recommendations to 
     Accommodate Older Drivers and Pedestrians (FHWA-RD-01-103)' 
     and dated October 2001.''.
       (2) Allocations of apportioned funds.--Section 133(d) of 
     title 23, United States Code, is amended--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively;
       (C) in paragraph (2) (as redesignated by subparagraph 
     (B))--
       (i) in the first sentence of subparagraph (A)--

       (I) by striking ``subparagraphs (C) and (D)'' and inserting 
     ``subparagraph (C)''; and
       (II) by striking ``80 percent'' and inserting ``90 
     percent'';

       (ii) in subparagraph (B), by striking ``tobe'' and 
     inserting ``to be'';
       (iii) by striking subparagraph (C);
       (iv) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively; and
       (v) in subparagraph (C) (as redesignated by clause (iv)), 
     by adding a period at the end; and
       (D) in paragraph (4)(A) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (2)'' and inserting ``paragraph 
     (1)''.
       (3) Administration.--Section 133(e) of title 23, United 
     States Code, is amended in each of paragraphs (3)(B)(i), 
     (5)(A), and (5)(B) of subsection (e), by striking ``(d)(2)'' 
     each place it appears and inserting ``(d)(1)''.
       (4) Conforming amendments.--
       (A) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 148 
     and inserting the following:

``148. Highway safety improvement program''.

       (B) Section 104(g) of title 23, United States Code, is 
     amended in the first sentence by striking ``sections 130, 
     144, and 152 of this title'' and inserting ``sections 130 and 
     144''.
       (C) Section 126 of title 23, United States Code, is 
     amended--
       (i) in subsection (a), by inserting ``under'' after 
     ``State's apportionment''; and
       (ii) in subsection (b)--

       (I) in the first sentence, by striking ``the last sentence 
     of section 133(d)(1) or to section 104(f) or to section 
     133(d)(3)'' and inserting ``section 104(f) or 133(d)(2)''; 
     and
       (II) in the second sentence, by striking ``or 133(d)(2)''.

       (D) Sections 154, 164, and 409 of title 23, United States 
     Code, are amended by striking ``152'' each place it appears 
     and inserting ``148''.
       (b) Apportionment of Highway Safety Improvement Program 
     Funds.--Section 104(b) of title 23, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     after ``Improvement program,'' the following: ``the highway 
     safety improvement program,''; and
       (2) by adding at the end the following:
       ``(5) Highway safety improvement program.--
       ``(A) In general.--For the highway safety improvement 
     program, in accordance with the following formula:
       ``(i) 25 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 40 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 35 percent of the apportionments in the ratio 
     that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (c) Elimination of Hazards Relating to Railway-Highway 
     Crossings.--
       (1) Funds for railway-highway crossings.--Section 130(e) of 
     title 23, United States Code, is amended by inserting before 
     ``At least'' the following: ``For each fiscal year, at least 
     $200,000,000 of the funds authorized and expended under 
     section 148 shall be available for the elimination of hazards 
     and the installation of protective devices at railway-highway 
     crossings.''.
       (2) Biennial reports to congress.--Section 130(g) of title 
     23, United States Code, is amended in the third sentence--
       (A) by inserting ``and the Committee on Commerce, Science, 
     and Transportation,'' after ``Public Works''; and
       (B) by striking ``not later than April 1 of each year'' and 
     inserting ``every other year''.
       (3) Expenditure of funds.--Section 130 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(k) Expenditure of Funds.--Funds made available to carry 
     out this section shall be--
       ``(1) available for expenditure on compilation and analysis 
     of data in support of activities carried out under subsection 
     (g); and
       ``(2) apportioned in accordance with section 104(b)(5).''.
       (d) Transition.--
       (1) Implementation.--Except as provided in paragraph (2), 
     the Secretary shall approve obligations of funds apportioned 
     under section 104(b)(5) of title 23, United States Code (as 
     added by subsection (b)) to carry out section 148 of that 
     title, only if, not later than October 1 of the second fiscal 
     year after the date of enactment of this Act, a State has 
     developed and implemented a State strategic highway safety 
     plan as required under section 148(c) of that title.
       (2) Interim period.--
       (A) In general.--Before October 1 of the second fiscal year 
     after the date of enactment of this Act and until the date on 
     which a State develops and implements a State strategic 
     highway safety plan, the Secretary shall apportion funds to a 
     State for the highway safety improvement program and the 
     State may obligate funds apportioned to the State for the 
     highway safety improvement program under section 148 for 
     projects that were eligible for funding under sections 130 
     and 152 of that title, as in effect on the day before the 
     date of enactment of this Act.

[[Page S2269]]

       (B) No strategic highway safety plan.--If a State has not 
     developed a strategic highway safety plan by October 1 of the 
     second fiscal year after the date of enactment of this Act, 
     but demonstrates to the satisfaction of the Secretary that 
     progress is being made toward developing and implementing 
     such a plan, the Secretary shall continue to apportion funds 
     for 1 additional fiscal year for the highway safety 
     improvement program under section 148 of title 23, United 
     States Code, to the State, and the State may continue to 
     obligate funds apportioned to the State under this section 
     for projects that were eligible for funding under sections 
     130 and 152 of that title, as in effect on the day before the 
     date of enactment of this Act.
       (C) Penalty.--If a State has not adopted a strategic 
     highway safety plan by the date that is 2 years after the 
     date of enactment of this Act, funds made available to the 
     State under section 1101(6) shall be redistributed to other 
     States in accordance with section 104(b)(3) of title 23, 
     United States Code.

                                 S. 563

       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 ``Driver Licensing and 
     Education Improvement Act of 2005''.

     SEC. 2. DRIVER LICENSING AND EDUCATION.

       (a) National Driver Licensing and Education Improvement 
     Program.--Section 105 of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(f)(1) There is established, within the National Highway 
     Traffic Safety Administration, the National Driver Licensing 
     and Education Improvement Program.
       ``(2) The National Driver Licensing and Education 
     Improvement Program shall--
       ``(A) provide States with services for coordinating the 
     motor vehicle driver education and licensing programs of the 
     States;
       ``(B) develop, and make available to the States, a 
     cooperatively developed, research-based model for novice 
     driver motor vehicle driver education and graduated licensing 
     that incorporates the best practices in driver education and 
     graduated licensing;
       ``(C) carry out such research and undertake such other 
     activities that the Administrator determines appropriate to 
     develop and continually improve the model described in 
     subparagraph (B);
       ``(D) provide States with voluntary technical assistance 
     for the implementation and deployment of the model described 
     in subparagraph (B) through pilot programs and other means;
       ``(E) develop and recommend to the States methods for 
     harmonizing the presentation of motor vehicle driver 
     education and licensing with the requirements of multistage 
     graduated licensing systems, including systems described in 
     section 410(b)(1)(D) of title 23, and to demonstrate and 
     evaluate the effectiveness of those methods in selected 
     States;
       ``(F) develop programs identifying best practices for the 
     certification of driver education instructors;
       ``(G) provide States with financial assistance under 
     section 412 of title 23 for--
       ``(i) the implementation of the motor vehicle driver 
     education and licensing comprehensive model recommended under 
     subparagraph (B);
       ``(ii) the establishment or improved administration of 
     multistage graduated licensing systems; and
       ``(iii) the support of other improvements in motor vehicle 
     driver education and licensing programs;
       ``(H) evaluate the effectiveness of the comprehensive model 
     recommended under subparagraph (B); and
       ``(I) perform such other functions relating to motor 
     vehicle driver education or licensing as the Secretary may 
     require.
       ``(3) Not later than 3 years after the date of enactment of 
     the Driver Licensing and Education Improvement Act of 2005, 
     the Administrator shall submit to Congress a report on the 
     progress made by the National Driver Licensing and Education 
     with respect to the functions described in paragraph (2).''.
       (b) Grant Program for Improvement of Driver Education and 
     Licensing.--
       (1) Authority.--Chapter 4 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 412. Driver education and licensing

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall establish a program 
     to provide grants to States to--
       ``(A) improve motor vehicle driver education programs; and
       ``(B) establish and improve the administration of graduated 
     licensing systems, including systems described in section 
     410(b)(1)(D).
       ``(2) Program administration.--The Secretary shall 
     administer the program established under this section through 
     the National Driver Licensing and Education Improvement 
     Program.
       ``(b) Rulemaking.--
       ``(1) Eligibility requirements.--Not later than 18 months 
     after the date of enactment of this section, the Secretary 
     shall issue regulations, which describe the eligibility 
     requirements, application and approval procedures and 
     standards, and authorized uses of grant funds awarded under 
     this section.
       ``(2) Use of funds.--The regulations issued under this 
     subsection shall authorize the use of grant funds--
       ``(A) for quality assurance testing, including followup 
     testing to monitor the effectiveness of--
       ``(i) driver licensing and education programs;
       ``(ii) instructor certification testing; and
       ``(iii) other statistical research designed to evaluate the 
     performance of driver education and licensing programs;
       ``(B) to improve motor vehicle driver education curricula;
       ``(C) to train instructors for motor vehicle driver 
     education programs;
       ``(D) to test and evaluate motor vehicle driver 
     performance;
       ``(E) for public education and outreach regarding motor 
     vehicle driver education and licensing; and
       ``(F) to improve State graduated licensing programs and 
     carry out related enforcement activities.
       ``(3) Consultation requirement.--In prescribing regulations 
     under this subsection, the Secretary shall consult with--
       ``(A) the heads of such Federal departments and agencies as 
     the Secretary considers appropriate on the basis of relevant 
     interests or expertise;
       ``(B) appropriate officials of the governments of States 
     and political subdivisions of States; and
       ``(C) other experts and organizations recognized for 
     expertise, with respect to novice drivers, in--
       ``(i) graduated driver licensing;
       ``(ii) publicly administered driver education; or
       ``(iii) privately administered driver education.
       ``(c) Matching Requirement.--The amount of grant funds 
     awarded for a program, project, or activity under this 
     section may not exceed 75 percent of the total cost of such 
     program, project, or activity.
       ``(d) Prohibited Activities.--Grant funds provided to 
     States under this section may not be used to finance--
       ``(1) the day-to-day operational expenses, including 
     employee salaries and facilities costs, of publicly or 
     privately administered driver education programs; or
       ``(2) the activities described in subparagraphs (A) through 
     (C) of subsection (b)(2) in fiscal year 2006 or 2007.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of title 23, United States Code, is 
     amended by adding at the end the following:

``412. Driver education and licensing.''.

       (c) Study of National Driver Education Standards.--
       (1) Requirement for study.--The Secretary of Transportation 
     shall conduct a study to determine whether the establishment 
     and imposition of nationwide minimum standards of motor 
     vehicle driver education would improve national highway 
     traffic safety or the performance and legal compliance of 
     novice drivers.
       (2) Time for completion of study.--The Secretary shall 
     complete the study not later than 2 years after the date of 
     enactment of this Act.
       (3) Report.--The Secretary shall publish a report on the 
     results of the study under this section not later than 2 
     years after the study is completed.
       (d) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $25,000,000 for each of the fiscal years 2006 through 2010 to 
     carry out section 412 of title 23, United States Code, as 
     added by subsection (b).
       (2) Availability.--Funds appropriated pursuant to paragraph 
     (1) for fiscal years 2006 and 2007 may be used for the 
     National Driver Licensing and Education Improvement Program 
     established under section 105(f) of title 49, United States 
     Code.
       (e) Grants for Support of Alcohol-Impaired Driving 
     Countermeasures.--
       (1) Revised eligibility requirements.--Section 410(b)(1)(D) 
     of title 23, United States Code, is amended to read as 
     follows:
       ``(D) Graduated licensing system.--A multiple-stage 
     graduated licensing system for young drivers that--
       ``(i) authorizes the issuance of an initial license or 
     learner's permit to a driver on or after the driver's 16th 
     birthday;
       ``(ii) makes it unlawful for a person under age 21 to 
     operate a motor vehicle with a blood alcohol concentration of 
     .02 percent or greater;
       ``(iii) provides for a learning stage of at least 6 months 
     and an intermediate stage of at least 6 months; and
       ``(iv) applies the following restrictions and features to 
     the stages described in clause (iii) and to such other stage 
     or stages as may be provided under State law:

       ``(I) A restriction that not more than 2 passengers under 
     age 18 may occupy a vehicle while it is being operated by a 
     young driver.
       ``(II) Nighttime driving restrictions applicable, at a 
     minimum, during the hours between 10:00 p.m. and 5:00 a.m.
       ``(III) Special penalties (including delays in progression 
     through the stages of the graduated licensing system) for 
     violations of restrictions under the system and violations of 
     other State laws relating to operation of motor vehicles.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 1 year after the date of enactment of this 
     Act.
                                  ____


                                 S. 564

       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 Intersections Act of 
     2005''.

[[Page S2270]]

     SEC. 2. SAFE INTERSECTIONS.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec.  39. Traffic signal preemption transmitters

       ``(a) Offenses.--
       ``(1) Sale.--A person who knowingly sells a traffic signal 
     preemption transmitter in or affecting interstate or foreign 
     commerce to a person who is not acting on behalf of a public 
     agency or private corporation authorized by law to provide 
     fire protection, law enforcement, emergency medical services, 
     transit services, maintenance, or other services for a 
     Federal, State, or local government entity, shall, 
     notwithstanding section 3571(b) of title 18, United States 
     Code, be fined not more than $10,000, imprisoned not more 
     than 1 year, or both.
       ``(2) Use.--A person who makes unauthorized use of a 
     traffic signal preemption transmitter in or affecting 
     interstate or foreign commerce shall be fined not more than 
     $10,000, imprisoned not more than 6 months, or both.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Traffic signal preemption transmitter.--The term 
     `traffic signal preemption transmitter' means any mechanism 
     that can change or alter a traffic signal's phase time or 
     sequence.
       ``(2) Unauthorized use.--The term `unauthorized use' means 
     use of a traffic signal preemption transmitter by a person 
     who is not acting on behalf of a public agency or private 
     corporation authorized by law to provide fire protection, law 
     enforcement, emergency medical services, transit services, 
     maintenance, or other services for a Federal, State, or local 
     government entity. The term `unauthorized use' does not apply 
     to use of a traffic signal preemption transmitter for 
     classroom or instructional purposes.''.
       (b) Chapter Analysis.--The chapter analysis for chapter 2 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``39. Traffic signal preemption transmitters.''.

                                 S. 565

       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 ``Traffic Safety Law 
     Enforcement Campaign Act''.

     SEC. 2. TRAFFIC SAFETY LAW ENFORCEMENT CAMPAIGNS.

       (a) In General.--The Administrator of the National Highway 
     Traffic Safety Administration shall establish a program to 
     conduct at least 3 high-visibility traffic safety law 
     enforcement campaigns each year.
       (b) Focus.--The campaigns shall focus on--
       (1) reducing alcohol-impaired driving;
       (2) increasing seat belt use; and
       (3) a combination of reducing alcohol-impaired driving and 
     increasing seat belt use.
       (c) Advertising.--The Administrator may use, or authorize 
     the use of, funds available to carry out this section for the 
     development, production, and use of broadcast and print media 
     advertising in carry out this section.
       (d) Evaluation and Report.--The Administrator shall 
     evaluate the effectiveness of the campaigns at the end of 
     each year and, not later than 90 days after the end of each 
     year, submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that sets forth the findings, conclusions, 
     and recommendations of the Administrator with respect to the 
     program.

     SEC. 3. FUNDING.

       (a) In General.--There are authorized to be appropriated 
     out of the Highway Trust Fund (other than from the Mass 
     Transit Account) to the Administrator to carry out this Act 
     $150,000,000 for each of fiscal years 2006 through 2011, of 
     which--
       (1) $48,000,000 shall be used for each fiscal year for 
     nationwide advertising by the Administration;
       (2) $48,000,000 shall be made available each fiscal year by 
     the Administrator to States for advertising;
       (3) $48,000,000 shall be made available each fiscal year by 
     the Administrator to States for traffic safety law 
     enforcement; and
       (4) $6,000,000 shall be available to the Administrator for 
     evaluation of the program under section 2.
       (b) Program Standards.--Within 120 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     program standards and criteria for the use of funds under 
     subsection (a)(2) and (3) that will ensure the effective and 
     appropriate use of such funds in accordance with this Act, 
     taking into account State efforts, needs, administrative 
     resources, and priorities.
       (c) Apportionment.--The Administrator shall apportion funds 
     under subsection (a)(2) and (3) among the States on the same 
     basis as funds are apportioned among the States under section 
     402(c) of title 23, United States Code.
                                 ______