II 

111TH CONGRESS 

2D SESSION S. 3269 

To provide driver safety grants to States with graduated driver licensing 

laws that meet certain minimum requirements. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2010 

Mrs. GILLIBRAND (for herself, Mr. DODD, and Ms. KLOBUCHAR) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To provide driver safety grants to States with graduated 

driver licensing laws that meet certain minimum requirements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Teen and Novice 

5 Driver Uniform Protection Act of 2010’’ or the 

6 ‘‘STANDUP Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) The National Highway Traffic Safety Ad2 ministration has reported that— 

3 (A) motor vehicle crashes are the leading 

4 cause of death of Americans between 15 and 20 

5 years of age; 

6 (B) in the 10-year period ending in 2007, 

7 86,981 Americans died in motor vehicle crashes 

8 involving drivers between 15 and 20 years of 

9 age, an average of 167 deaths per week; 

10 (C) drivers between 16 and 20 years of age 

11 have a fatality rate that is 4 times higher than 

12 the rate for drivers between 25 and 70 years of 

13 age; and 

14 (D) teenage drivers who are 16 years of 

15 age have a motor vehicle crash rate that is al16 most 10 times higher than the crash rate for 

17 drivers between 30 and 60 years of age. 

18 (2) According to the American Automobile As19 sociation— 

20 (A) teenage drivers comprise slightly more 

than 1 21 ⁄3 of all fatalities in motor vehicle crashes 

22 in which they are involved; and 

(B) nearly 2 23 ⁄3 of all fatalities in those 

24 crashes are other drivers, passengers, and pe25 destrians. 


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1 (3) According to the Insurance Institute for 

2 Highway Safety, the chance of a crash by a 16- or 

3 17-year-old driver is doubled if there are 2 peers in 

4 the vehicle and quadrupled if there are 3 or more 

5 peers in the vehicle. 

6 (4) According to the National Highway Traffic 

7 Safety Administration, the cognitive distraction 

8 caused by hands-free and hand-held cellular phones 

9 is significant enough to degrade a driver’s perform10 ance, particularly teenage drivers between 15 and 20 

11 years of age. 

12 (5) Although only 20 percent of driving by teen13 age drivers occurs at night, more than 50 percent of 

14 the motor vehicle crash fatalities involving teenage 

15 drivers occur at night. 

16 (6) According to the Insurance Institute for 

17 Highway Safety, in 1997, the first full year of Flor18 ida’s graduated driver licensing system, the number 

19 of fatal and injurious crashes among teenage drivers 

20 between 15 and 18 years of age was 9 percent lower 

21 than in 1995. 

22 (7) The Journal of the American Medical Asso23 ciation reports that crashes involving 16-year-old 

24 drivers decreased between 1995 and 1999 by 25 per25 cent in Michigan and by 27 percent in North CaroVerDate Mar 15 2010 01:05 Apr 29, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269

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1 lina. Comprehensive graduated driver licensing sys2 tems were implemented in 1997 in these States. 

3 (8) According to the Automobile Club of South4 ern California, between 1998 and 2000, the first 3 

5 years of California’s graduated driver licensing pro6 gram— 

7 (A) teenage passenger deaths and injuries 

8 resulting from crashes in California involving 

9 16-year-old drivers declined by 40 percent; and 

10 (B) the number of at-fault collisions in 

11 California involving 16-year-old drivers declined 

12 by 24 percent. 

13 (9) The National Transportation Safety Board 

14 reports that— 

15 (A) more than 40 States and the District 

16 of Columbia have implemented 3-stage grad17 uated driver licensing systems; and 

18 (B) many States have not yet implemented 

19 other basic safety features of graduated driver 

20 licensing laws to protect the lives of teenage 

21 and novice drivers. 

22 (10) A 2001 Harris Poll indicates that— 

23 (A) 95 percent of Americans support a re24 quirement of 30 to 50 hours of practice driving 

25 with and adult; 


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1 (B) 92 percent of Americans support a 6- 

2 month learner’s permit period; and 

3 (C) 74 percent of Americans support lim4 iting the number of teenage passengers in a car 

5 with a teenage driver and supervised driving 

6 during high-risk driving periods, such as night. 

7 SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS. 

8 (a) MINIMUM REQUIREMENTS.— 

9 (1) IN GENERAL.—A State is in compliance 

10 with this section if the State has a graduated driver 

11 licensing law that requires novice drivers younger 

12 than 21 years of age to comply with the 2-stage li13 censing process described in paragraph (2) before 

14 receiving an unrestricted driver’s license. 

15 (2) LICENSING PROCESS.—A State is in compli16 ance with the 2-stage licensing process described in 

17 this paragraph if the State’s driver’s license laws in18 clude— 

19 (A) a learner’s permit stage that— 

20 (i) commences at 16 years of age or 

21 older; 

22 (ii) is at least 6 months in duration; 

23 (iii) prohibits the driver from using a 

24 cellular telephone or any communications 

25 device in a nonemergency situation; 


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1 (iv) prohibits driving at night; and 

2 (v) remains in effect until— 

3 (I) the commencement of the in4 termediate stage; or 

5 (II) the driver reaches 18 years 

6 of age; 

7 (B) an intermediate stage that— 

8 (i) commences immediately after the 

9 expiration of the learner’s permit stage; 

10 (ii) is at least 6 months in duration; 

11 (iii) prohibits the driver from using a 

12 cellular telephone or any communications 

13 device in a nonemergency situation; 

14 (iv) prohibits driving at night; 

15 (v) prohibits the driver from operating 

16 a motor vehicle with more than 1 non-fa17 milial passenger younger than 21 years of 

18 age unless a licensed driver who is at least 

19 21 years of age is in the motor vehicle; and 

20 (vi) remains in effect until the driver 

21 reaches 18 years of age; and 

22 (C) any other requirement that the Sec23 retary of Transportation may require, includ24 ing— 

25 (i) in the learner’s permit stage— 


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1 (I) at least 40 hours of behind2 the-wheel training with a licensed 

3 driver who is at least 21 years of age; 

4 (II) a driver training course; and 

5 (III) a requirement that any such 

6 driver be accompanied and supervised 

7 by a licensed driver who is at least 21 

8 years of age at all times while such 

9 driver is operating a motor vehicle; 

10 and 

11 (ii) in the learner’s permit or inter12 mediate stage, a requirement that, in addi13 tion to any other penalties imposed by 

14 State law, the grant of an unrestricted 

15 driver’s license be automatically delayed 

16 for any individual who, during the learn17 er’s permit or intermediate stage, is con18 victed of a driving-related offense, such 

19 as— 

20 (I) driving while intoxicated; 

21 (II) misrepresentation of his or 

22 her true age; 

23 (III) reckless driving; 

24 (IV) driving without wearing a 

25 seat belt; 


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1 (V) speeding; or 

2 (VI) any other driving-related of3 fense, as determined by the Secretary. 

4 (b) RULEMAKING.—The Secretary of Transportation 

5 shall promulgate regulations necessary to implement this 

6 section in accordance with the notice and comment provi7 sions under section 553 of title 5, United States. 

8 SEC. 4. INCENTIVE GRANTS. 

9 (a) IN GENERAL.—For each of the first 3 fiscal years 

10 beginning after the date of enactment of this Act, the Sec11 retary of Transportation shall award a grant to any State 

12 that submits an application under subsection (b) if that 

13 State is in compliance with section 3(a) on or before the 

14 first day of that fiscal year. 

15 (b) APPLICATION.— 

16 (1) IN GENERAL.—Any State desiring a grant 

17 under this section shall submit an application to the 

18 Secretary of Transportation at such time, in such 

19 manner, and containing such information as the Sec20 retary may require, including a certification by the 

21 Governor of the State that the State is in compli22 ance with section 3(a). 

23 (2) REVIEW.—The Secretary shall review each 

24 State application and determine whether or not the 

25 State is in compliance with section 3(a). 


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1 (c) GRANTS.—Amounts appropriated to carry out 

2 this section for each fiscal year shall be apportioned to 

3 each State that is in compliance with section 3(a) in an 

4 amount determined by multiplying— 

5 (1) the amount appropriated to carry out this 

6 section for such fiscal year; by 

7 (2) the ratio that the amount of funds appor8 tioned to each such State for such fiscal year under 

9 section 402 of title 23, United States Code, bears to 

10 the total amount of funds apportioned to all such 

11 States for such fiscal year under such section. 

12 (d) USE OF FUNDS.—Amounts received by a State 

13 from a grant awarded under this section may be used 

14 for— 

15 (1) enforcing a 2-stage licensing process that 

16 complies with section 3(a)(2); 

17 (2) training for law enforcement personnel and 

18 other relevant State agency personnel relating to the 

19 enforcement described in paragraph (1); 

20 (3) publishing relevant educational materials 

21 that pertain directly or indirectly to the State grad22 uated driver licensing law; and 

23 (4) carrying out other administrative activities 

24 that the Secretary considers relevant to the State’s 

25 2-stage licensing process. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $25,000,000, out of the 

3 Highway Trust Fund (other than the Mass Transit Ac4 count), to carry out this section during each fiscal year 

5 described in subsection (a). 

6 SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. 

7 (a) IN GENERAL.— 

8 (1) FOURTH FISCAL YEAR.—During the fourth 

9 fiscal year beginning after the date of the enactment 

10 of this Act, the Secretary shall withhold 3 percent 

11 of the amount otherwise required to be apportioned 

12 to any State for such fiscal year under each of the 

13 paragraphs (1), (3), and (4) of section 104(b) of 

14 title 23, United States Code, if the State is not in 

15 compliance with section 3(a) on the first day of such 

16 fiscal year. 

17 (2) FIFTH FISCAL YEAR.—During the fifth fis18 cal year beginning after the date of the enactment 

19 of this Act, the Secretary shall withhold 5 percent 

20 of the amount otherwise required to be apportioned 

21 to any State for such fiscal year under each of the 

22 paragraphs (1), (3), and (4) of section 104(b) of 

23 title 23, United States Code, if that State is not in 

24 compliance with section 3(a) on the first day of such 

25 fiscal year. 


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1 (3) SIXTH AND SUBSEQUENT FISCAL YEARS.— 

2 During each fiscal year after the fifth fiscal year be3 ginning after the date of the enactment of this Act, 

4 the Secretary shall withhold 10 percent of the 

5 amount otherwise required to be apportioned to any 

6 State for such fiscal year under each of the para7 graphs (1), (3), and (4) of section 104(b) of title 23, 

8 United States Code, if that State is not in compli9 ance with section 3(a) on the first day of such fiscal 

10 year. 

11 (b) PERIOD OF AVAILABILITY OF WITHHELD

12 FUNDS.— 

13 (1) FUNDS WITHHELD DURING OR BEFORE

14 THE SIXTH FISCAL YEAR.—Any amount withheld 

15 from any State under subsection (a) on or before the 

16 last day of the sixth fiscal year beginning after the 

17 date of the enactment of this Act, shall remain avail18 able for distribution to the State under subsection 

19 (c) until the end of the third fiscal year following the 

20 fiscal year for which such amount is appropriated. 

21 (2) FUNDS WITHHELD AFTER THE SIXTH FIS22 CAL YEAR.—Any amount withheld under subsection 

23 (a)(2) from any State after the end of the sixth fis24 cal year beginning after the date of the enactment 

25 of this Act, may not be distributed to the State. 


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1 (c) APPORTIONMENT OF WITHHELD FUNDS AFTER

2 COMPLIANCE.— 

3 (1) IN GENERAL.—If, before the last day of the 

4 period for which funds withheld under subsection (a) 

5 remain available to a State under subsection (b), the 

6 State comes into compliance with section 3(a), the 

7 Secretary of Transportation shall, on the first day 

8 on which the Secretary determines the State has 

9 come into compliance, distribute to the State any 

10 amounts withheld under subsection (a) that remains 

11 available for apportionment to the State. 

12 (2) PERIOD OF AVAILABILITY OF SUBSE13 QUENTLY APPORTIONED FUNDS.—Any amount dis14 tributed under paragraph (1) shall remain available 

15 for expenditure by the State until the end of the 

16 third fiscal year following the year for which the 

17 funds are so apportioned. Any amount not expended 

18 by the State by the end of such period shall revert 

19 back to the Treasury of the United States. 

20 (3) EFFECT OF NONCOMPLIANCE.—If a State is 

21 not in compliance with section 3(a) at the end of the 

22 period for which any amount withheld under sub23 section (a) remains available for distribution to the 


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1 State under subsection (b), such amount shall revert 

2 back to the Treasury of the United States. 

Æ 


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