[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1938 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1938

    To establish a program to reduce injuries and deaths caused by 
                cellphone use and texting while driving.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 2009

   Mr. Rockefeller (for himself, Mrs. Hutchison, Mr. Lautenberg, Mr. 
 Schumer, Mr. Thune, and Ms. Klobuchar) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
    To establish a program to reduce injuries and deaths caused by 
                cellphone use and texting while driving.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Distracted Driving 
Prevention Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Distracted driving incentive grants.
Sec. 3. Distracted driving national education program.
Sec. 4. Research and data collection.
Sec. 5. Research program.
Sec. 6. FCC report on distracted driving technology.
Sec. 7. Provision of information to States.
Sec. 8. Commercial motor vehicles and school buses.
Sec. 9. Funding.

SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``413. Distracted driving incentive grants
    ``(a) In General.--The Secretary shall make a grant under this 
section to any State that enacts and implements a statute that meets 
the requirements of subsections (b) and (c) of this section.
    ``(b) Prohibition on Texting While Driving.--A State statute meets 
the requirements of this subsection if the statute--
            ``(1) prohibits the use of a personal wireless 
        communications device by a driver for texting while driving;
            ``(2) makes violation of the statute a primary offense;
            ``(3) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(4) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(c) Prohibition on Handheld Cellphone Use While Driving.--A State 
statute meets the requirements of this subsection if the statute--
            ``(1) prohibits a driver from holding a personal wireless 
        communications device to conduct a telephone call while 
        driving;
            ``(2) allows the use of hands-free devices that enable a 
        driver, other than a driver who has not attained the age of 18, 
        to initiate, conduct, or receive a telephone call without 
        holding the device;
            ``(3) makes violation of the statute a primary offense;
            ``(4) requires distracted driving issues to be tested as 
        part of the State driver's license examination;
            ``(5) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(6) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(d) Permitted Exceptions.--A statute that meets the requirements 
of subsections (b) and (c) may provide exceptions for--
            ``(1) use of a personal wireless communications device by a 
        driver to contact emergency services;
            ``(2) manipulation of such a device by a driver to 
        activate, deactivate, or initialize the hands-free 
        functionality of the device;
            ``(3) use of a personal wireless communications device by 
        emergency services personnel while operating an emergency 
        services vehicle and engaged in the performance of their duties 
        as emergency services personnel; and
            ``(4) use of a device by an individual employed as a 
        commercial motor vehicle driver, or a school bus driver, within 
        the scope of such individual's employment if such use is 
        permitted under the regulations promulgated pursuant to section 
        31152 of title 49.
    ``(e) Grant Year.--The Secretary shall make a grant under this 
section to a State in any year in which the State--
            ``(1) enacts a law that meets the requirements of 
        subsections (b) and (c) before July 1; or
            ``(2) maintains a statute, that meets the requirements of 
        subsections (b) and (c), enacted in a previous year that is in 
        effect through June 30th of the grant year.
    ``(f) Disbursement and Apportionment.--Grants to qualifying States 
shall be disbursed after July 1 each year according to the 
apportionment criteria of section 402(c).
    ``(g) Use of Grant Funds.--A State that receives a grant under this 
section--
            ``(1) shall use at least 50 percent of the grant--
                    ``(A) to educate and advertise to the public 
                information about the dangers of texting or using a 
                cellphone while driving;
                    ``(B) for traffic signs that notify drivers about 
                the distracted driving law of the State;
                    ``(C) for law enforcement of the distracted driving 
                law; or
                    ``(D) for a combination of such uses; and
            ``(2) may use up to 50 percent of the grant for other 
        projects that improve traffic safety and that are consistent 
        with the criteria in section 402(a).
    ``(h) Definitions.--In this section:
            ``(1) Driving.--The term `driving' means operating a motor 
        vehicle on a public road, including operation while temporarily 
        stationary because of traffic, a traffic light or stop sign, or 
        otherwise. It does not include operating a motor vehicle when 
        the vehicle has pulled over to the side of, or off, an active 
        roadway and has stopped in a location where it can safely 
        remain stationary.
            ``(2) Hands-free device.--The term `hands-free device' 
        means a device that allows a driver to use a personal wireless 
        communications device to initiate, conduct, or receive a 
        telephone call without holding the personal wireless 
        communications device.
            ``(3) Personal wireless communications device.--The term 
        `personal wireless communications device' means a device 
        through which personal wireless services (as defined in section 
        332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 
        332(c)(7)(C)(i))) are transmitted. It does not include a global 
        navigation satellite system receiver used for positioning, 
        emergency notification, or navigation purposes.
            ``(4) Primary offense.--The term `primary offense' means an 
        offense for which a law enforcement officer may stop a vehicle 
        solely for the purpose of issuing a citation in the absence of 
        evidence of another offense.
            ``(5) Public road.--The term `public road' has the meaning 
        given that term in section 402(c).
            ``(6) Texting.--The term `texting' means reading from or 
        manually entering data into a personal wireless communications 
        device, including doing so for the purpose of SMS texting, e-
        mailing, instant messaging, or engaging in any other form of 
        electronic data retrieval or electronic data communication.''.
    (b) Conforming Amendment.--The table of contents for chapter 4 of 
title 23, United States Code, is amended by adding at the end the 
following:

``413. Distracted driving incentive grants.''.

SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM.

    (a) In General.--The Administrator of the National Highway Traffic 
Safety Administration shall establish and administer a program under 
which at least 2 high-visibility education and advertising campaigns 
related to distracted driving will be carried out for the purpose 
specified in subsection (b) for fiscal years 2010 and 2011.
    (b) Purpose.--The purpose of an education and advertising campaign 
under this section shall be to educate the public about the risks 
associated with distracted driving, including those associated with--
            (1) texting (as defined in section 413(h)(6) of title 23, 
        United States Code) while driving; and
            (2) the use of personal wireless communications devices (as 
        defined in section 413(h)(3) of that title) while driving.
    (c) Advertising.--The Administrator may use, or authorize the use 
of, funds available to carry out this section to pay for the 
development, production, publication, and broadcast of electronic and 
print media advertising in carrying out traffic safety education and 
advertising campaigns under this section. The Administrator--
            (1) shall give consideration to advertising directed at 
        non-English speaking populations, including those who listen, 
        read, or watch nontraditional media; and
            (2) may use a portion of the funds available for this 
        program to target local jurisdictions that have enacted laws 
        prohibiting texting or the use of personal wireless 
        communications devices while driving.
    (d) Coordination With States.--The Administrator may coordinate 
with the States to carry out the education and advertising campaigns 
under this section to coincide with high-visibility enforcement of 
State laws prohibiting texting while driving or the use of personal 
wireless communications devices while driving.
    (e) Annual Evaluation.--The Administrator shall conduct an annual 
evaluation of the effectiveness of the education and advertising 
campaigns under this section, and report the results to the Senate 
Committee on Commerce, Science, and Transportation, and the House of 
Representatives Committee on Energy and Commerce.

SEC. 4. RESEARCH AND DATA COLLECTION.

    (a) In General.--Section 408(e)(2) of title 23, United States Code, 
is amended to read as follows:
            ``(2) Data on use of electronic devices.--
                    ``(A) The model data elements required under 
                paragraph (1) shall include data elements, as 
                determined appropriate by the Secretary, in 
                consultation with the States and appropriate elements 
                of the law enforcement community, on the impact on 
                traffic safety of the use of electronic devices while 
                driving.
                    ``(B) In order to meet the requirements of 
                subparagraph (A), State and local governments shall--
                            ``(i) require that official vehicle 
                        accident investigation reports include a 
                        designated space to record whether or not the 
                        use of a personal wireless communications 
                        device (as defined in section 413(h)(3)) was in 
                        use at the time of the accident by any driver 
                        involved in the accident;
                            ``(ii) require that all law enforcement 
                        officers, as part of a vehicle accident 
                        investigation, inquire about and record the 
                        information required by clause (i); and
                            ``(iii) incorporate the information 
                        collected under clause (i) into its traffic 
                        safety information system.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to grants under section 408 of title 23, United 
States Code, for fiscal years beginning after fiscal year 2010.

SEC. 5. RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish a 
research program to study distracted driving by passenger and 
commercial vehicle drivers.
    (b) Scope.--The program shall include studies of--
            (1) driver behavior;
            (2) vehicle technology; and
            (3) portable electronic devices that are commonly brought 
        into passenger or commercial vehicles.
    (c) Research Agreements.--
            (1) In general.--In carrying out this section the Secretary 
        may grant research contracts to non-governmental entities to 
        study distracted driving.
            (2) Limitations.--The Secretary may not grant a research 
        contract under this section to any person that produces or 
        sells--
                    (A) electronic equipment that is used in vehicles;
                    (B) portable electronic equipment commonly brought 
                into passenger or commercial vehicles; or
                    (C) passenger or commercial vehicles.

SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce that identifies--
            (1) data the Commission can collect and analyze that will 
        assist in understanding and reducing the problem of distracted 
        driving involving the use of personal communications devices;
            (2) existing and developing wireless communications 
        technology that may be used to reduce problems associated with 
        distracted driving; and
            (3) existing authority that the Commission may use to 
        assist in reducing those problems.

SEC. 7. PROVISION OF INFORMATION TO STATES.

    Section 30105 of title 49, United States Code, shall not apply to 
providing government-sponsored research and highway safety data, or 
providing technical assistance, relating to legislative proposals 
addressing the dangers or potential dangers of--
            (1) texting while driving a passenger vehicle, school bus, 
        or commercial vehicle; or
            (2) the use of personal wireless communications devices (as 
        defined in section 413(h)(3) of title 23, United States Code) 
        while driving a passenger vehicle, school bus, or commercial 
        vehicle.

SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES.

    (a) In General.--Subchapter III of chapter 311 of title 49, United 
States Code, is amended by adding at the end the following:
``31152. Regulation of the use of distracting devices in commercial 
              motor vehicles and school buses
    ``(a) In General.--No later than 1 year after the enactment of the 
Distracted Driving Prevention Act of 2009, the Secretary of 
Transportation shall prescribe regulations on the use of electronic or 
wireless devices, including cell phones and other distracting devices, 
by an individual employed as the operator of--
            ``(1) a commercial motor vehicle while that individual is 
        engaged in the performance of such individual's duties as the 
        operator of the commercial motor vehicle; or
            ``(2) a school bus (as defined in section 30125(a)(1)) that 
        is a commercial motor vehicle (as defined in section 
        31301(4)(A)) while that individual is engaged in the 
        performance of such individual's duties as the operator of the 
        school bus.
    ``(b) Basis for Regulations.--The Secretary shall base the 
regulations required by subsection (a) on accident data analysis, the 
results of ongoing research, and other information, as appropriate.
    ``(c) Prohibited Use.--The Secretary shall prohibit the use of such 
devices in circumstances in which the Secretary determines that their 
use interferes with the driver's safe operation of a school bus or 
commercial motor vehicle.
    ``(d) Permitted Use.--Under the regulations, the Secretary may 
permit the use of a device, the use of which is prohibited under 
subsection (c), if the Secretary determines that such use is necessary 
for the safety of the driver or the public in emergency 
circumstances.''.
    (b) Conforming Amendment.--The table of contents for chapter 311 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 31151 the following:

``31152. Regulation of the use of distracting devices in commercial 
                            motor vehicles and school buses.''.

SEC. 9. FUNDING.

    Section 2001(a) of Public Law 109-59 is amended--
            (1) by striking ``and'' in paragraph (4);
            (2) by striking ``2009.'' in paragraph (4) and inserting 
        ``2009, $94,500,000 for fiscal year 2010, and $94,500,000 for 
        fiscal year 2011. If any amount of the funds authorized by this 
        paragraph has not been allocated to States meeting the criteria 
        of section 406 of title 23, United States Code, by July 1 of a 
        fiscal year beginning after fiscal year 2009, the unallocated 
        amount shall be allocated to States meeting the criteria of 
        section 413 of that title.''; and
            (3) by redesignating paragraph (11) as paragraph (12) and 
        inserting after paragraph (10) the following:
            ``(11) Distracted driving program.--For carrying out 
        section 3 of the Distracted Driving Prevention Act of 2009, 
        $30,000,000 for each of fiscal years 2010 and 2011.''.
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