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

                                                       Calendar No. 656
111th CONGRESS
  2d Session
                                S. 1938

                          [Report No. 111-355]

    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, Ms. Klobuchar, Mr. Vitter, Mr. Casey, Mr. Warner, 
  Mr. Nelson of Florida, and Mr. Udall of New Mexico) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

                            October 29, 2009

 Committee discharged; referred to the Committee on Commerce, Science, 
                           and Transportation

                           November 30, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL

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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.</DELETED>

<DELETED>    (a) In General.--Chapter 4 of title 23, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``</DELETED><DELETED>413. Distracted driving incentive 
              grants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Prohibition on Texting While Driving.--A State 
statute meets the requirements of this subsection if the statute--
</DELETED>
        <DELETED>    ``(1) prohibits the use of a personal wireless 
        communications device by a driver for texting while 
        driving;</DELETED>
        <DELETED>    ``(2) makes violation of the statute a primary 
        offense;</DELETED>
        <DELETED>    ``(3) establishes--</DELETED>
                <DELETED>    ``(A) a minimum fine for a first violation 
                of the statute; and</DELETED>
                <DELETED>    ``(B) increased fines for repeat 
                violations; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Prohibition on Handheld Cellphone Use While 
Driving.--A State statute meets the requirements of this subsection if 
the statute--</DELETED>
        <DELETED>    ``(1) prohibits a driver from holding a personal 
        wireless communications device to conduct a telephone call 
        while driving;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) makes violation of the statute a primary 
        offense;</DELETED>
        <DELETED>    ``(4) requires distracted driving issues to be 
        tested as part of the State driver's license 
        examination;</DELETED>
        <DELETED>    ``(5) establishes--</DELETED>
                <DELETED>    ``(A) a minimum fine for a first violation 
                of the statute; and</DELETED>
                <DELETED>    ``(B) increased fines for repeat 
                violations; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Permitted Exceptions.--A statute that meets the 
requirements of subsections (b) and (c) may provide exceptions for--
</DELETED>
        <DELETED>    ``(1) use of a personal wireless communications 
        device by a driver to contact emergency services;</DELETED>
        <DELETED>    ``(2) manipulation of such a device by a driver to 
        activate, deactivate, or initialize the hands-free 
        functionality of the device;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Grant Year.--The Secretary shall make a grant under 
this section to a State in any year in which the State--</DELETED>
        <DELETED>    ``(1) enacts a law that meets the requirements of 
        subsections (b) and (c) before July 1; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(g) Use of Grant Funds.--A State that receives a grant 
under this section--</DELETED>
        <DELETED>    ``(1) shall use at least 50 percent of the grant--
        </DELETED>
                <DELETED>    ``(A) to educate and advertise to the 
                public information about the dangers of texting or 
                using a cellphone while driving;</DELETED>
                <DELETED>    ``(B) for traffic signs that notify 
                drivers about the distracted driving law of the 
                State;</DELETED>
                <DELETED>    ``(C) for law enforcement of the 
                distracted driving law; or</DELETED>
                <DELETED>    ``(D) for a combination of such uses; 
                and</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(h) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Public road.--The term `public road' has the 
        meaning given that term in section 402(c).</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``413. Distracted driving incentive grants.''.

<DELETED>SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION 
              PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) texting (as defined in section 413(h)(6) of 
        title 23, United States Code) while driving; and</DELETED>
        <DELETED>    (2) the use of personal wireless communications 
        devices (as defined in section 413(h)(3) of that title) while 
        driving.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) shall give consideration to advertising 
        directed at non-English speaking populations, including those 
        who listen, read, or watch nontraditional media; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. RESEARCH AND DATA COLLECTION.</DELETED>

<DELETED>    (a) In General.--Section 408(e)(2) of title 23, United 
States Code, is amended to read as follows:</DELETED>
        <DELETED>    ``(2) Data on use of electronic devices.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) In order to meet the requirements of 
                subparagraph (A), State and local governments shall--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) incorporate the 
                        information collected under clause (i) into its 
                        traffic safety information system.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. RESEARCH PROGRAM.</DELETED>

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

<DELETED>SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) existing and developing wireless 
        communications technology that may be used to reduce problems 
        associated with distracted driving; and</DELETED>
        <DELETED>    (3) existing authority that the Commission may use 
        to assist in reducing those problems.</DELETED>

<DELETED>SEC. 7. PROVISION OF INFORMATION TO STATES.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) texting while driving a passenger vehicle, 
        school bus, or commercial vehicle; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES.</DELETED>

<DELETED>    (a) In General.--Subchapter III of chapter 311 of title 
49, United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``</DELETED><DELETED>31152. Regulation of the use of 
              distracting devices in commercial motor vehicles and 
              school buses</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 9. FUNDING.</DELETED>

<DELETED>    Section 2001(a) of Public Law 109-59 is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' in paragraph 
        (4);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) by redesignating paragraph (11) as paragraph 
        (12) and inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Distracted Driving 
Prevention Act of 2010''.
    (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. 10. Prohibition on electronic visual entertainment in driver's 
                            view.

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) makes violation of the statute a primary offense;
            ``(3) requires distracted driving issues to be tested as 
        part of the State driver's license examination;
            ``(4) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(5) 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) 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) manipulation of such a device by a driver to 
        activate, deactivate, or initialize the hands-free 
        functionality of the device;
            ``(4) 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
            ``(5) 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 beginning fiscal year 2011 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 2011 and 2012.
    (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 2010, 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.

    (a) In General.--Section 2001(a)(4) of Public Law 109-59 is amended 
by striking ``2010.'' and inserting ``2010, of which $7,500,000 shall 
be for carrying out section 3 of the Distracted Driving Prevention Act 
of 2010. 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. Unallocated 
amounts from sections 406 and 413 in a fiscal year shall be carried 
over to the next fiscal year for use under sections 406 and 413.''.
    (b) Conforming Amendment.--Section 406 of title 23, United States 
Code, is amended by striking subsections (c) and (d).

SEC. 10. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN DRIVER'S 
              VIEW.

    (a) Visual Entertainment Screens in Driver's View.--The Secretary 
of Transportation shall initiate a rulemaking proceeding to prescribe a 
Federal motor vehicle safety standard that would prohibit electronic 
screens from displaying broadcast television, movies, video games, and 
other forms of similar visual entertainment that is visible to the 
driver while driving. The standard shall allow electronic screens that 
display information or images regarding operation of the vehicle, 
vehicle surroundings, telematic functions such as the vehicle's 
navigation and communications system, weather, time, or the vehicle's 
audio system.
    (b) Deadline.--The Secretary shall issue a final rule under 
subsection (a) within 2 years after the date of enactment of this Act.
    (c) Deadline for Rulemaking.--If the Secretary determines that a 
deadline for a final rule under this Act or an amendment made by this 
Act cannot be met, the Secretary shall--
            (1) notify the House of Representatives Committee on Energy 
        and Commerce and the Senate Committee on Commerce, Science, and 
        Transportation and explain why that deadline cannot be met; and
            (2) establish a new deadline for that rule.
                                                       Calendar No. 656

111th CONGRESS

  2d Session

                                S. 1938

                          [Report No. 111-355]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 30, 2010

                       Reported with an amendment
```