[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1772 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1772

 To amend titles 23 and 49, United States Code, to reduce injuries and 
  deaths caused by cell phone use and texting while driving, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2011

  Mr. Engel introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend titles 23 and 49, United States Code, to reduce injuries and 
  deaths caused by cell phone use and texting while driving, and for 
                            other purposes.

    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 2011''.
    (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 prevention 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 PREVENTION INCENTIVE GRANTS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. Distracted driving prevention incentive grants
    ``(a) In General.--Subject to the amounts made available to carry 
out this section, the Secretary shall make a grant under this section 
each fiscal year to each State that enacts and implements a law that 
meets the requirements of subsections (b) and (c).
    ``(b) Prohibition on Texting While Driving.--A State law meets the 
requirements of this subsection if the law--
            ``(1) prohibits the use of a personal wireless 
        communications device by a driver for texting while driving;
            ``(2) makes violation of the law a primary offense;
            ``(3) establishes--
                    ``(A) a minimum fine for a first violation of the 
                law; and
                    ``(B) increased fines for repeat violations; and
            ``(4) provides increased civil and criminal penalties, as 
        compared to those that would otherwise apply, if a vehicle 
        accident is caused by a driver who is using such a device in 
        violation of the law.
    ``(c) Prohibition on Handheld Cell Phone Use While Driving.--A 
State law meets the requirements of this subsection if the law--
            ``(1) prohibits a driver from holding a personal wireless 
        communications device to conduct a telephone call while 
        driving;
            ``(2) allows the use of a hands-free device by a driver, 
        other than a driver who has not attained the age of 18 years, 
        for initiating, conducting, or receiving a telephone call;
            ``(3) makes violation of the law a primary offense;
            ``(4) requires distracted driving issues to be tested as 
        part of the driver's license examination of the State;
            ``(5) establishes--
                    ``(A) a minimum fine for a first violation of the 
                law; and
                    ``(B) increased fines for repeat violations; and
            ``(6) provides increased civil and criminal penalties, as 
        compared to those that would otherwise apply, if a vehicle 
        accident is caused by a driver who is using a personal wireless 
        communications device in violation of the law.
    ``(d) Permitted Exceptions.--A State law meets the requirements of 
subsections (b) and (c) without regard to whether the law provides 
exceptions for--
            ``(1) use of a personal wireless communications device by a 
        driver to contact emergency services;
            ``(2) manipulation of a personal wireless communications 
        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 the duties 
        of 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 issued pursuant to section 
        31152 of title 49.
    ``(e) Grant Year.--The Secretary shall make a grant under this 
section to a State in each year in which the State--
            ``(1) enacts a law that meets the requirements of 
        subsections (b) and (c) before July 1 of that year; or
            ``(2) maintains a law that--
                    ``(A) meets the requirements of subsections (b) and 
                (c);
                    ``(B) was enacted prior to that year; and
                    ``(C) is in effect at least from January 1 through 
                June 30 of that year.
    ``(f) Disbursement and Apportionment.--Grants to States under this 
section shall be disbursed after July 1 each year according to the 
apportionment criteria under 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 amount--
                    ``(A) to educate the public regarding and advertise 
                information on the dangers of a driver using a personal 
                wireless communications device for texting or 
                conducting a telephone call that requires holding the 
                device while driving;
                    ``(B) for signs that notify drivers about the law 
                of the State that made the State eligible for the 
                grant;
                    ``(C) for law enforcement of that law; or
                    ``(D) for a combination of such uses; and
            ``(2) may use up to 50 percent of the grant amount for 
        other projects that improve traffic safety and that are 
        consistent with the programs specified in section 402(a).
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(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, a stop sign, or 
        another reason. The term 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. The term 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 analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``413. Distracted driving prevention 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) during fiscal years 2012 and 2013.
    (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) a driver using a personal wireless communications 
        device for texting while driving; and
            (2) a driver holding a personal wireless communications 
        device to conduct a telephone call while driving.
    (c) Use of Funds.--The Administrator may use, or authorize the use 
of, funds made available to carry out this section to pay for the 
development, production, publication, and broadcast of electronic and 
print media advertising. In carrying out campaigns under this section, 
the Administrator--
            (1) shall give consideration to advertising directed at 
        non-English speaking populations, including those who listen 
        to, read, or watch nontraditional media; and
            (2) may use a portion of the funds available to target 
        advertising in local jurisdictions that have enacted laws 
        prohibiting the use of personal wireless communications devices 
        for texting or conducting a telephone call that requires 
        holding the device while driving.
    (d) Coordination With States.--The Administrator may coordinate 
with States to carry out the education and advertising campaigns under 
this section in a manner that coincides with high-visibility 
enforcement of State laws prohibiting the use of personal wireless 
communications devices for texting or conducting a telephone call that 
requires holding the device 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 of such evaluations 
to the Committee on Commerce, Science, and Transportation of the 
Senate, the Committee on Energy and Commerce of the House of 
Representatives, and the Committee on Transportation and Infrastructure 
of the House of Representatives.
    (f) Definitions.--The definitions in section 413(h) of title 23, 
United States Code, apply to this section.

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) In general.--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) Requirements.--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 information on 
                        whether or not a personal wireless 
                        communications device (as defined in section 
                        413(h)(3)) was in use at the time of an 
                        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 described in clause (i); and
                            ``(iii) incorporate the information 
                        described in clause (i) into the 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 2011.

SEC. 5. RESEARCH PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, 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.
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the research program under this section.

SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.

    Not later than 180 days after the date of enactment of this Act, 
the Federal Communications Commission shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report 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 wireless 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, is amended by adding 
at the end the following:
    ``(c) Exception.--Subsection (a) shall not apply to the provision 
of Government-sponsored research and highway safety data or technical 
assistance relating to a legislative proposal addressing the dangers or 
potential dangers of--
            ``(1) a driver using a personal wireless communications 
        device (as defined in section 413(h)(3) of title 23) for 
        texting while driving; or
            ``(2) a driver holding a personal wireless communications 
        device (as defined in section 413(h)(3) of title 23) to conduct 
        a telephone call while driving.''.

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:
``Sec. 31152. Regulation of the use of distracting devices in 
              commercial motor vehicles and school buses
    ``(a) In General.--Not later than one year after the date of 
enactment of the Distracted Driving Prevention Act of 2011, the 
Secretary of Transportation shall issue 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 (as defined in section 
        31301(4)) 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)) 
        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 under 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 the 
devices described in subsection (a) in circumstances in which the 
Secretary determines that such use interferes with a 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 analysis 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 SAFETEA-LU is amended--
            (1) in paragraph (4)--
                    (A) by striking ``and $124,500,000'' and inserting 
                ``$124,500,000''; and
                    (B) by striking ``2011.'' and inserting ``2011, 
                $94,500,000 for fiscal year 2012, and $94,500,000 for 
                fiscal year 2013. 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 2011, the unallocated amount shall be 
                allocated to States through grants under section 413 of 
                that title.''; and
            (2) 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 2011 
        $30,000,000 for each of fiscal years 2012 and 2013.''.
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