[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2333 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2333

To enhance safety of individuals by banning the use of hand-held mobile 
             devices while driving, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2011

  Mrs. McCarthy of New York introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To enhance safety of individuals by banning the use of hand-held mobile 
             devices 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.

    This Act may be cited as the ``Safe Drivers Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) hand-held personal wireless devices are not only 
        instrumentalities and channels of interstate commerce, but 
        products of interstate commerce;
            (2) for those reasons, regulation of the use of hand-held 
        mobile telephones and personal wireless devices is covered by 
        the power of Congress to regulate interstate commerce as 
        enumerated in article I, section 8 of the Constitution;
            (3) additionally, the Supreme Court held in South Dakota v. 
        Dole, 483 U.S. 203 (June 23, 1987), that Congress may condition 
        Federal highway funding on State compliance with certain 
        conditions;
            (4) according to a National Highway Traffic Safety 
        Administration (NHTSA) driver distraction may be grouped into 
        manual, visual, and cognitive distractions;
            (5) according to Cisco Systems Inc., North American mobile 
        broadband traffic will grow fifty times between 2009-2014;
            (6) and according to CTIA, the main factors driving the 
        rise in the use of mobile traffic include the increasing 
        availability and capabilities of smartphones, and new form 
        factors (such as tablets), for consumers;
            (7) as of the date of enactment of this Act, only 8 States 
        and the District of Columbia ban mobile device use for all 
        drivers;
            (8) the Secretary of Transportation, Ray LaHood, has 
        recognized the significance of increased driver distraction as 
        a result of wireless devices by launching an aggressive 
        educational campaign, issuing Department regulations, and 
        consecutive ``Distracted Driving Summits'' with affected 
        industries;
            (9) it is necessary, therefore, for Congress to act to 
        protect the safety of all people in the United States on 
        highways, roads, and railways in the United States; and
            (10) Federal legislation to address the problem of 
        distracted driving is necessary to ensure that national minimum 
        standards of protection exist uniformly.

SEC. 3. REPORT ON DISTRACT DRIVING.

    (a) In General.--The Secretary of Transportation shall conduct a 
comprehensive study on distracted driving, including cognitive 
distraction when driving. The study should also include driver 
distraction impacts on young, inexperienced drivers and build upon past 
reports and findings that the Department has conducted.
    (b) Report Findings.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit a report regarding 
the findings of the study under subsection (a) to the appropriate 
committees of Congress, including any recommendations to revise the 
requirement for minimum penalties under section 167(b)(2) of title 23, 
United States Code.

SEC. 4. OPERATION OF MOTOR VEHICLES WHILE USING A HAND-HELD MOBILE 
              DEVICE.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:

``SEC. 167. OPERATION OF MOTOR VEHICLES USING A HAND-HELD MOBILE 
              DEVICE.

    ``(a) Definitions.--In this section the following definitions 
apply:
            ``(1) Hand-held mobile device.--
                    ``(A) In general.--The term `hand-held mobile 
                device' means a mobile telephone or other personal 
                wireless communication device that is meant for use 
                with at least 1 hand.
                    ``(B) Exclusions.--The term `hand-held mobile 
                device' does not include--
                            ``(i) a voice-operated, vehicle-integrated, 
                        or any device that requires the use of either 
                        hand to activate or deactivate a feature or 
                        function, or use in a hands-free manner; or
                            ``(ii) a global positioning system, not 
                        integrated in a motor vehicle, that is voice-
                        activated or used to view directions, except 
                        that if the system requires instructions to be 
                        inputted manually by hand, the motor vehicle 
                        must not be moving or idling.
            ``(2) Motor vehicle.--The term `motor vehicle' means--
                    ``(A) a vehicle driven or drawn by mechanical power 
                and manufactured primarily for use on public highways; 
                and
                    ``(B) a railcar or other component of a fixed 
                guideway system that is not subject to regulation by 
                the Federal Railroad Administration.
    ``(b) Requirements and Withholding of Apportionments for 
Noncompliance.--
            ``(1) In general.--On October 1 of the second fiscal year 
        beginning after the date of promulgation of the regulations 
        under subsection (d), and annually thereafter, the Secretary 
        shall withhold 25 percent of the amount required to be 
        apportioned to any State under each of paragraphs (1), (3), and 
        (4) of section 104(b) for the fiscal year if the Secretary 
        determines that the State does not meet the requirement under 
        paragraph (2) of this subsection as of that date.
            ``(2) Requirement.--A State shall meet the requirement 
        under this paragraph if the State has enacted and is enforcing 
        a law that--
                    ``(A) except in the event of an emergency, 
                prohibits an operator, on a public road, of a moving or 
                idling motor vehicle from using a hand-held mobile 
                device; and
                    ``(B) requires, upon conviction of a violation of 
                such State law, the imposition of penalties in 
                accordance with the requirements for minimum penalties 
                described in the regulations issued under subsection 
                (d).
    ``(c) Recovery of Funds Withheld.--All funds withheld under this 
section from apportionment to a State for 1 or more fiscal years shall 
be available for apportionment to the State immediately upon a 
determination by the Secretary that the State meets the requirement 
under paragraph (2).
    ``(d) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall issue regulations to 
carry out this section, including requirements for minimum penalties 
for violations of the prohibition under subsection (b)(2) (A) and (B) 
that--
            ``(1) specify a minimum penalty for a first offense; and
            ``(2) stipulate that penalties shall be graduated for 
        repeat offenses.''.
    (b) Technical Amendment.--The analysis of chapter 1 of title such 
title is amended by adding after section 166 the following:

``167. Operation of motor vehicles using a hand-held mobile device.''.
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