[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3664-S3666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Warner):
  S. 795, A bill to provide driver safety grants to States with 
graduated driver licensing laws that meet certain minimum requirements; 
to the Committee on Environment and Public Works.
  Mr. DODD. Mr. President, I rise with my colleague from Virginia, 
Senator Warner, to introduce the Safe Teen and Novice Driver Uniform 
Protection (STAND UP) Act of 2005--an important piece of legislation 
that seeks to protect and ensure the lives of the 20 million teenage 
drivers in our country.
  We all know that the teenage years represent an important formative 
stage in a person's life. They are a bridge between childhood and 
adulthood--the transitional and often challenging period during which a 
person will first gain an inner awareness of his or her identity. The 
teenage years encompass a time for discovery, a time for growth, and a 
time for gaining independence--all of which ultimately help boys and 
girls transition successfully into young men and women.
  As we also know, the teenage years also encompass a time for risk-
taking. A groundbreaking study to be published soon by the National 
Institutes of Health concludes that the frontal lobe region of the 
brain which inhibits risky behavior is not fully formed until the age 
of 25. In my view, this important report implies that we approach 
teenagers' behavior with a new sensitivity. It also implies that we 
have a societal obligation to steer teenagers towards positive risk-
taking that fosters further growth and development and away from 
negative risk-taking that has an adverse effect on their well-being and 
the well-being of others.
  Unfortunately, we see all too often this negative risk-taking in 
teenagers when they are behind the wheel of a motor vehicle. We see all 
too often how this risk-taking needlessly endangers the life of a 
teenage driver, his or her passengers, and other drivers on the road. 
And we see all too often the tragic results of this risk-taking when 
irresponsible and reckless behavior behind the wheel of a motor vehicle 
causes severe harm and death.
  According to the National Transportation Safety Board, motor vehicle 
crashes are the leading cause of death for Americans between 15 and 20 
years of age. In 2002, teenage drivers, who constituted only 6.4 
percent of all drivers, were involved in 14.3 percent of all fatal 
motor vehicle crashes. In 2003, 5,691 teenage drivers were killed in 
motor vehicle crashes and 300,000 teenage drivers suffered injuries in 
motor vehicle crashes.
  The National Highway Traffic Safety Administration reports that 
teenage drivers have a fatality rate that is four times higher than the 
average fatality rate for drivers between 25 and 70 years of age. 
Furthermore, teenage drivers who are 16 years of age have a motor 
vehicle crash rate that is almost ten times the crash rate for drivers 
between the ages of 30 and 60.
  Finally, the Insurance Institute for Highway Safety concludes 
that the chance of a crash by a driver either 16

[[Page S3665]]

or 17 years of age is doubled if there are two peers in the motor 
vehicle and quadrupled with three or more peers in the vehicle.

  Crashes involving teenage injuries or fatalities are often 
highprofile tragedies in the area where they occur. However, when taken 
together, these individual tragedies speak to a national problem 
clearly illustrated by the staggering statistics I just mentioned. It 
is a problem that adversely affects teenage drivers, their passengers, 
and literally everyone else who operates or rides in a motor vehicle. 
Clearly, more work must be done to design and implement innovative 
methods that educate our young drivers on the awesome responsibilities 
that are associated with operating a motor vehicle safely.
  One such method involves implementing and enforcing a graduated 
driver's license system, or a GDL system. Under a typical GDL system, a 
teenage driver passes through several sequential learning stages before 
earning the full privileges associated with an unrestricted driver's 
license. Each learning stage is designed to teach a teenage driver 
fundamental lessons on driver operations, responsibilities, and safety. 
Each stage also imposes certain restrictions, such as curfews on 
nighttime driving and limitations on passengers, that further ensure 
the safety of the teenage driver, his or her passengers, and other 
motorists.
  First implemented over ten years ago, three-stage GDL systems now 
exist in 38 States. Furthermore, every State in the country has adopted 
at least one driving restriction for new teenage drivers. Several 
studies have concluded that GDL systems and other license restriction 
measures have been linked to an overall reduction on the number of 
teenage driver crashes and fatalities. In 1997, in the first full year 
that its GDL system was in effect, Florida experienced a 9 percent 
reduction in fatal and injurious motor vehicle crashes among teenage 
drivers between 15 and 18 years of age. After GDL systems were 
implemented in Michigan and North Carolina in 1997, the number of motor 
vehicle crashes involving teenage drivers 16 years in age decreased in 
each State by 25 percent and 27 percent, respectively. And in 
California, the numbers of teenage passenger deaths and injuries in 
crashes involving teenage drivers 16 years in age decreased by 40 
percent between 1998 and 2000, the first three years that California's 
GDL system was in effect. The number of ``at-fault'' crashes involving 
teenage drivers decreased by 24 percent during the same period.
  These statistics are promising and clearly show that many States are 
taking an important first step towards addressing this enormous problem 
concerning teenage driver safety. However, there is currently no 
uniformity between States with regards to GDL system requirements and 
other novice driver license restrictions. Some States have very strong 
initiatives in place that promote safe teenage driving while others 
have very weak initiatives in place. Given how many teenagers are 
killed or injured in motor vehicle crashes each year, and given how 
many other motorists and passengers are killed or injured in motor 
vehicle crashes involving teenage drivers each year, Senator Warner and 
I believe that the time has come for an initiative that sets a national 
minimum safety standard for teen driving laws while giving each State 
the flexibility to set additional standards that meet the more specific 
needs of its teenage driver population. The bill that Senator Warner 
and I are introducing today--the STANDUP Act--is such an initiative. 
There are four principal components of this legislation about which I 
would like to discuss.
  First, The STANDUP Act mandates that all States implement a national 
minimum safety standard for teenage drivers that contains three core 
requirements recommended by the National Transportation Safety Board. 
These requirements include implementing a three-stage GDL system, 
implementing at least some prohibition on nighttime driving, and 
placing a restriction on the number of passengers without adult 
supervision.
  Second, the STANDUP Act directs the Secretary of Transportation to 
issue voluntary guidelines beyond the three core requirements that 
encourage States to adopt additional standards that improve the safety 
of teenage driving. These additional standards may include requiring 
that the learner's permit and intermediate stages be six months each, 
requiring at least 30 hours of behind-the-wheel driving for a novice 
driver in the learner's permit stage in the company of a licensed 
driver who is over 21 years of age, requiring a novice driver in the 
learner's permit stage to be accompanied and supervised by a licensed 
driver 21 years of age or older at all times when the novice driver is 
operating a motor vehicle, and requiring that the granting of an 
unrestricted driver's license be delayed automatically to any novice 
driver in the learner's permit or intermediate stages who commits a 
motor vehicle offense, such as driving while intoxicated, 
misrepresenting his or her true age, reckless driving, speeding, or 
driving without a fastened seatbelt.

  Third, the STANDUP Act provides incentive grants to States that come 
into compliance within three fiscal years. Calculated on a State's 
annual share of the Highway Trust Fund, these incentive grants could be 
used for activities such as training law enforcement and relevant State 
agency personnel in the GDL law or publishing relevant educational 
materials on the GDL law.
  Finally, the STANDUP Act calls for sanctions to be imposed on States 
that do not come into compliance after three fiscal years. The bill 
withholds 1.5 percent of a State's Federal highway share after the 
first fiscal year of non-compliance, three percent after the second 
fiscal year, and six percent after the third fiscal year. The bill does 
allow a State to reclaim any withheld funds if that State comes into 
compliance within two fiscal years after the first fiscal year of non-
compliance.
  There are those who will say that the STAND UP Act infringes on 
States' rights. I respectfully disagree. I believe that working to 
protect and ensure the lives and safety of the millions of teenage 
drivers, their passengers, and other motorists in this country is 
national in scope and a job that is rightly suited for Congress. I also 
believe that the number of motor vehicle deaths and injuries associated 
with teenage drivers each year compels us to address this important 
national issue today and not tomorrow.
  The teenage driving provisions within the STANDUP Act are both well-
known and popular with the American public. A Harris Poll conducted in 
2001 found that 95 percent of Americans support a requirement of 30 to 
50 hours of practice driving within an adult, 92 percent of Americans 
support a six-month learner's permit stage, 74 percent of Americans 
support limiting the number of teen passengers in a motor vehicle with 
a teen driver, and 74 percent of Americans also support supervised or 
restricted driving during high-risk periods such as nighttime. Clearly, 
these numbers show that teen driving safety is an issue that transcends 
party politics and is strongly embraced by a solid majority of 
Americans. Therefore, I ask my colleagues today to join Senator Warner 
and myself in protecting the lives of our teenagers and in supporting 
this important legislation.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 795

       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 2005'' or the ``STANDUP Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The National Transportation Safety Board has reported 
     that--
       (A) in 2002, teen drivers, which constituted only 6.4 
     percent of all drivers, were involved in 14.3 percent of all 
     fatal motor vehicle crashes;
       (B) motor vehicle crashes are the leading cause of death 
     for Americans between 15 and 20 years of age;
       (C) between 1994 and 2003, almost 64,000 Americans between 
     15 and 20 years of age died in motor vehicle crashes, an 
     average of 122 per week; and
       (D) in 2003--
       (i) 3,657 American drivers between 15 and 20 years of age 
     were killed in motor vehicle crashes;
       (ii) 300,000 Americans between 15 and 20 years of age were 
     injured in motor vehicle crashes; and

[[Page S3666]]

       (iii) 7,884 American drivers between 15 and 20 years of age 
     were involved in fatal crashes, resulting in 9,088 total 
     fatalities, a 5 percent increase since 1993.
       (2) Though only 20 percent of driving by young drivers 
     occurs at night, over 50 percent of the motor vehicle crash 
     fatalities involving young drivers occur at night.
       (3) The National Highway Traffic Safety Administration has 
     reported that--
       (A) 6,300,000 motor vehicle crashes claimed the lives of 
     nearly 43,000 Americans in 2003 and injured almost 3,000,000 
     more Americans;
       (B) teen drivers between 16 and 20 years of age have a 
     fatality rate that is 4 times the rate for drivers between 25 
     and 70 years of age; and
       (C) drivers who are 16 years of age have a motor vehicle 
     crash rate that is almost ten times the crash rate for 
     drivers aged between 30 and 60 years of age.
       (4) 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 
     with 3 or more peers in the vehicle.
       (5) In 1997, the first full year of its graduated driver 
     licensing system, Florida experienced a 9 percent reduction 
     in fatal and injurious crashes among young drivers between 
     the ages of 15 and 18, compared with 1995, according the 
     Insurance Institute for Highway Safety.
       (6) 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 27 percent in 
     North Carolina. Comprehensive graduated driver licensing 
     systems were implemented in 1997 in these States.
       (7) In California, according to the Automobile Club of 
     Southern California, teenage passenger deaths and injuries 
     resulting from crashes involving 16-year-old drivers declined 
     by 40 percent from 1998 to 2000, the first 3 years of 
     California's graduated driver licensing program. The number 
     of at-fault collisions involving 16-year-old drivers 
     decreased by 24 percent during the same period.
       (8) The National Transportation Safety Board reports that 
     39 States and the District of Columbia have implemented 3-
     stage graduated driver licensing systems. Many States have 
     not yet implemented these and other basic safety features of 
     graduated driver licensing laws to protect the lives of 
     teenage and novice drivers.
       (9) A 2001 Harris Poll indicates that--
       (A) 95 percent of Americans support a requirement of 30 to 
     50 hours of practice driving with an 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 
     teen passengers in a car with a teen driver and supervised 
     driving during high-risk driving periods, such as night.

     SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.

       (a) Minimum Requirements.--A State is in compliance with 
     this section if the State has a graduated driver licensing 
     law that includes, for novice drivers under the age of 21--
       (1) a 3-stage licensing process, including a learner's 
     permit stage and an intermediate stage before granting an 
     unrestricted driver's license;
       (2) a prohibition on nighttime driving during the learner's 
     permit and intermediate stages;
       (3) a prohibition, during the learner's permit intermediate 
     stages, from operating a motor vehicle with more than 1 non-
     familial passenger under the age of 21 if there is no 
     licensed driver 21 years of age or older present in the motor 
     vehicle; and
       (4) any other requirement that the Secretary of 
     Transportation (referred to in this Act as the ``Secretary'') 
     may require, including--
       (A) a learner's permit stage of at least 6 months;
       (B) an intermediate stage of at least 6 months;
       (C) for novice drivers in the learner's permit stage--
       (i) a requirement of at least 30 hours of behind-the-wheel 
     training with a licensed driver who is over 21 years of age; 
     and
       (ii) a requirement that any such driver be accompanied and 
     supervised by a licensed driver 21 years of age or older at 
     all times when such driver is operating a motor vehicle; and
       (D) a requirement that the grant of full licensure be 
     automatically delayed, in addition to any other penalties 
     imposed by State law for any individual who, while holding a 
     provisional license, convicted of an offense, such as driving 
     while intoxicated, misrepresentation of their true age, 
     reckless driving, unbelted driving, speeding, or other 
     violations, as determined by the Secretary.
       (b) Rulemaking.--After public notice and comment rulemaking 
     the Secretary shall issue regulations necessary to implement 
     this section.

     SEC. 4. INCENTIVE GRANTS.

       (a) In General.--For each of the first 3 fiscal years 
     following the date of enactment of this Act, the Secretary 
     shall award a grant to any State in compliance with section 
     3(a) on or before the first day of that fiscal year that 
     submits an application under subsection (b).
       (b) Application.--Any State desiring a grant under this 
     section shall submit an application to the Secretary 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).
       (c) Grants.--For each fiscal year described in subsection 
     (a), amounts appropriated to carry out this section shall be 
     apportioned to each State 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 402.
       (d) Use of Funds.--Amounts received under a grant under 
     this section shall be used for--
       (1) enforcement and providing training regarding the State 
     graduated driver licensing law to law enforcement personnel 
     and other relevant State agency personnel;
       (2) publishing relevant educational materials that pertain 
     directly or indirectly to the State graduated driver 
     licensing law; and
       (3) other administrative activities that the Secretary 
     considers relevant to the State graduated driver licensing 
     law.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $25,000,000 for each of the fiscal years 2005 through 2009.

     SEC. 5. WITHHOLDING OF FUNDS FOR NON-COMPLIANCE.

       (a) In General.--
       (1) Fiscal year 2010.--The Secretary shall withhold 1.5 
     percent of the amount otherwise required to be apportioned to 
     any State for fiscal year 2010 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) of this Act on October 1, 2009.
       (2) Fiscal year 2011.--The Secretary shall withhold 3 
     percent of the amount otherwise required to be apportioned to 
     any State for fiscal year 2011 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) of this Act on October 1, 2010.
       (3) Fiscal year 2012 and thereafter.--The Secretary shall 
     withhold 6 percent of the amount otherwise required to be 
     apportioned to any State for each fiscal year beginning with 
     fiscal year 2012 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) of this Act 
     on the first day of such fiscal year.
       (b) Period of Availability of Withheld Funds.--
       (1) Funds withheld on or before september 30, 2011.--Any 
     amount withheld from any State under subsection (a) on or 
     before September 30, 2011, 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 september 30, 2011.--Any amount 
     withheld under subsection (a)(2) from any State after 
     September 30, 2011, 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) are to remain 
     available to a State under subsection (b), the State comes 
     into compliance with section 3(a), the Secretary shall, on 
     the first day on which the State comes 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 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 non-compliance.--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.
                                 ______