I 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Distracted Driving Prevention Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. DISTRACTED DRIVING PREVENTION INCENTIVE 

2 GRANTS. 

3 (a) IN GENERAL.—Chapter 4 of title 23, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 413. Distracted driving prevention incentive 

7 grants 

8 ‘‘(a) IN GENERAL.—Subject to the amounts made 

9 available to carry out this section, the Secretary shall 

10 make a grant under this section each fiscal year to each 

11 State that enacts and implements a law that meets the 

12 requirements of subsections (b) and (c). 

13 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 

14 A State law meets the requirements of this subsection if 

15 the law— 

16 ‘‘(1) prohibits the use of a personal wireless 

17 communications device by a driver for texting while 

18 driving; 

19 ‘‘(2) makes violation of the law a primary of20 fense; 

21 ‘‘(3) establishes— 


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1 ‘‘(A) a minimum fine for a first violation 

2 of the law; and 

3 ‘‘(B) increased fines for repeat violations; 

4 and 

5 ‘‘(4) provides increased civil and criminal pen6 alties, as compared to those that would otherwise 

7 apply, if a vehicle accident is caused by a driver who 

8 is using such a device in violation of the law. 

9 ‘‘(c) PROHIBITION ON HANDHELD CELL PHONE USE

10 WHILE DRIVING.—A State law meets the requirements of 

11 this subsection if the law— 

12 ‘‘(1) prohibits a driver from holding a personal 

13 wireless communications device to conduct a tele14 phone call while driving; 

15 ‘‘(2) allows the use of a hands-free device by a 

16 driver, other than a driver who has not attained the 

17 age of 18 years, for initiating, conducting, or receiv18 ing a telephone call; 

19 ‘‘(3) makes violation of the law a primary of20 fense; 

21 ‘‘(4) requires distracted driving issues to be 

22 tested as part of the driver’s license examination of 

23 the State; 

24 ‘‘(5) establishes— 


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1 ‘‘(A) a minimum fine for a first violation 

2 of the law; and 

3 ‘‘(B) increased fines for repeat violations; 

4 and 

5 ‘‘(6) provides increased civil and criminal pen6 alties, as compared to those that would otherwise 

7 apply, if a vehicle accident is caused by a driver who 

8 is using a personal wireless communications device 

9 in violation of the law. 

10 ‘‘(d) PERMITTED EXCEPTIONS.—A State law meets 

11 the requirements of subsections (b) and (c) without regard 

12 to whether the law provides exceptions for— 

13 ‘‘(1) use of a personal wireless communications 

14 device by a driver to contact emergency services; 

15 ‘‘(2) manipulation of a personal wireless com16 munications device by a driver to activate, deacti17 vate, or initialize the hands-free functionality of the 

18 device; 

19 ‘‘(3) use of a personal wireless communications 

20 device by emergency services personnel while oper21 ating an emergency services vehicle and engaged in 

22 the performance of the duties of emergency services 

23 personnel; and 

24 ‘‘(4) use of a device by an individual employed 

25 as a commercial motor vehicle driver or a school bus 


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1 driver within the scope of such individual’s employ2 ment, if such use is permitted under the regulations 

3 issued pursuant to section 31152 of title 49. 

4 ‘‘(e) GRANT YEAR.—The Secretary shall make a 

5 grant under this section to a State in each year in which 

6 the State— 

7 ‘‘(1) enacts a law that meets the requirements 

8 of subsections (b) and (c) before July 1 of that year; 

9 or 

10 ‘‘(2) maintains a law that— 

11 ‘‘(A) meets the requirements of subsections 

12 (b) and (c); 

13 ‘‘(B) was enacted prior to that year; and 

14 ‘‘(C) is in effect at least from January 1 

15 through June 30 of that year. 

16 ‘‘(f) DISBURSEMENT AND APPORTIONMENT.—Grants 

17 to States under this section shall be disbursed after July 

18 1 each year according to the apportionment criteria under 

19 section 402(c). 

20 ‘‘(g) USE OF GRANT FUNDS.—A State that receives 

21 a grant under this section— 

22 ‘‘(1) shall use at least 50 percent of the grant 

23 amount— 

24 ‘‘(A) to educate the public regarding and 

25 advertise information on the dangers of a driver 


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1 using a personal wireless communications device 

2 for texting or conducting a telephone call that 

3 requires holding the device while driving; 

4 ‘‘(B) for signs that notify drivers about the 

5 law of the State that made the State eligible for 

6 the grant; 

7 ‘‘(C) for law enforcement of that law; or 

8 ‘‘(D) for a combination of such uses; and 

9 ‘‘(2) may use up to 50 percent of the grant 

10 amount for other projects that improve traffic safety 

11 and that are consistent with the programs specified 

12 in section 402(a). 

13 ‘‘(h) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) DRIVING.—The term ‘driving’ means oper16 ating a motor vehicle on a public road, including op17 eration while temporarily stationary because of traf18 fic, a traffic light, a stop sign, or another reason. 

19 The term does not include operating a motor vehicle 

20 when the vehicle has pulled over to the side of, or 

21 off, an active roadway and has stopped in a location 

22 where it can safely remain stationary. 

23 ‘‘(2) HANDS-FREE DEVICE.—The term ‘hands24 free device’ means a device that allows a driver to 

25 use a personal wireless communications device to iniVerDate Mar 15 2010 23:02 May 09, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 tiate, conduct, or receive a telephone call without 

2 holding the personal wireless communications device. 

3 ‘‘(3) PERSONAL WIRELESS COMMUNICATIONS

4 DEVICE.—The term ‘personal wireless communica5 tions device’ means a device through which personal 

6 wireless services (as defined in section 

7 332(c)(7)(C)(i) of the Communications Act of 1934 

8 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. The 

9 term does not include a global navigation satellite 

10 system receiver used for positioning, emergency noti11 fication, or navigation purposes. 

12 ‘‘(4) PRIMARY OFFENSE.—The term ‘primary 

13 offense’ means an offense for which a law enforce14 ment officer may stop a vehicle solely for the pur15 pose of issuing a citation in the absence of evidence 

16 of another offense. 

17 ‘‘(5) PUBLIC ROAD.—The term ‘public road’ 

18 has the meaning given that term in section 402(c). 

19 ‘‘(6) TEXTING.—The term ‘texting’ means 

20 reading from or manually entering data into a per21 sonal wireless communications device, including 

22 doing so for the purpose of SMS texting, e-mailing, 

23 instant messaging, or engaging in any other form of 

24 electronic data retrieval or electronic data commu25 nication.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 4 of title 23, United States Code, is amended by 

3 adding at the end the following: 

‘‘413. Distracted driving prevention incentive grants.’’. 

4 SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PRO5 GRAM. 

6 (a) IN GENERAL.—The Administrator of the Na7 tional Highway Traffic Safety Administration shall estab8 lish and administer a program under which at least 2 

9 high-visibility education and advertising campaigns related 

10 to distracted driving will be carried out for the purpose 

11 specified in subsection (b) during fiscal years 2012 and 

12 2013. 

13 (b) PURPOSE.—The purpose of an education and ad14 vertising campaign under this section shall be to educate 

15 the public about the risks associated with distracted driv16 ing, including those associated with— 

17 (1) a driver using a personal wireless commu18 nications device for texting while driving; and 

19 (2) a driver holding a personal wireless commu20 nications device to conduct a telephone call while 

21 driving. 

22 (c) USE OF FUNDS.—The Administrator may use, or 

23 authorize the use of, funds made available to carry out 

24 this section to pay for the development, production, publi25 cation, and broadcast of electronic and print media adverVerDate Mar 15 2010 23:02 May 09, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1772.IH H1772

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1 tising. In carrying out campaigns under this section, the 

2 Administrator— 

3 (1) shall give consideration to advertising di4 rected at non-English speaking populations, includ5 ing those who listen to, read, or watch nontradi6 tional media; and 

7 (2) may use a portion of the funds available to 

8 target advertising in local jurisdictions that have en9 acted laws prohibiting the use of personal wireless 

10 communications devices for texting or conducting a 

11 telephone call that requires holding the device while 

12 driving. 

13 (d) COORDINATION WITH STATES.—The Adminis14 trator may coordinate with States to carry out the edu15 cation and advertising campaigns under this section in a 

16 manner that coincides with high-visibility enforcement of 

17 State laws prohibiting the use of personal wireless commu18 nications devices for texting or conducting a telephone call 

19 that requires holding the device while driving. 

20 (e) ANNUAL EVALUATION.—The Administrator shall 

21 conduct an annual evaluation of the effectiveness of the 

22 education and advertising campaigns under this section 

23 and report the results of such evaluations to the Com24 mittee on Commerce, Science, and Transportation of the 

25 Senate, the Committee on Energy and Commerce of the 


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1 House of Representatives, and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives. 

4 (f) DEFINITIONS.—The definitions in section 413(h) 

5 of title 23, United States Code, apply to this section. 

6 SEC. 4. RESEARCH AND DATA COLLECTION. 

7 (a) IN GENERAL.—Section 408(e)(2) of title 23, 

8 United States Code, is amended to read as follows: 

9 ‘‘(2) DATA ON USE OF ELECTRONIC DEVICES.— 

10 ‘‘(A) IN GENERAL.—The model data ele11 ments required under paragraph (1) shall in12 clude data elements, as determined appropriate 

13 by the Secretary, in consultation with the 

14 States and appropriate elements of the law en15 forcement community, on the impact on traffic 

16 safety of the use of electronic devices while driv17 ing. 

18 ‘‘(B) REQUIREMENTS.—In order to meet 

19 the requirements of subparagraph (A), State 

20 and local governments shall— 

21 ‘‘(i) require that official vehicle acci22 dent investigation reports include a des23 ignated space to record information on 

24 whether or not a personal wireless commu25 nications device (as defined in section 


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1 413(h)(3)) was in use at the time of an ac2 cident by any driver involved in the acci3 dent; 

4 ‘‘(ii) require that all law enforcement 

5 officers, as part of a vehicle accident inves6 tigation, inquire about and record the in7 formation described in clause (i); and 

8 ‘‘(iii) incorporate the information de9 scribed in clause (i) into the traffic safety 

10 information system.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall apply with respect to grants under sec13 tion 408 of title 23, United States Code, for fiscal years 

14 beginning after fiscal year 2011. 

15 SEC. 5. RESEARCH PROGRAM. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall establish a research program to study dis19 tracted driving by passenger and commercial vehicle driv20 ers. 

21 (b) SCOPE.—The program shall include studies of— 

22 (1) driver behavior; 

23 (2) vehicle technology; and 


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1 (3) portable electronic devices that are com2 monly brought into passenger or commercial vehi3 cles. 

4 (c) RESEARCH AGREEMENTS.— 

5 (1) IN GENERAL.—In carrying out this section 

6 the Secretary may grant research contracts to non7 governmental entities to study distracted driving. 

8 (2) LIMITATIONS.—The Secretary may not 

9 grant a research contract under this section to any 

10 person that produces or sells— 

11 (A) electronic equipment that is used in ve12 hicles; 

13 (B) portable electronic equipment com14 monly brought into passenger or commercial ve15 hicles; or 

16 (C) passenger or commercial vehicles. 

17 (d) REPORT.—Not later than one year after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Commerce, Science, and Transportation 

20 of the Senate, the Committee on Energy and Commerce 

21 of the House of Representatives, and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives a report on the results of the research pro24 gram under this section. 


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1 SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECH2 NOLOGY. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Federal Communications Commission shall 

5 submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on En7 ergy and Commerce of the House of Representatives a re8 port that identifies— 

9 (1) data the Commission can collect and ana10 lyze that will assist in understanding and reducing 

11 the problem of distracted driving involving the use of 

12 personal wireless communications devices; 

13 (2) existing and developing wireless communica14 tions technology that may be used to reduce prob15 lems associated with distracted driving; and 

16 (3) existing authority that the Commission may 

17 use to assist in reducing those problems. 

18 SEC. 7. PROVISION OF INFORMATION TO STATES. 

19 Section 30105 of title 49, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(c) EXCEPTION.—Subsection (a) shall not apply to 

22 the provision of Government-sponsored research and high23 way safety data or technical assistance relating to a legis24 lative proposal addressing the dangers or potential dan25 gers of— 


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1 ‘‘(1) a driver using a personal wireless commu2 nications device (as defined in section 413(h)(3) of 

3 title 23) for texting while driving; or 

4 ‘‘(2) a driver holding a personal wireless com5 munications device (as defined in section 413(h)(3) 

6 of title 23) to conduct a telephone call while driv7 ing.’’. 

8 SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL 

9 BUSES. 

10 (a) IN GENERAL.—Subchapter III of chapter 311 of 

11 title 49, United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 31152. Regulation of the use of distracting devices 

14 in commercial motor vehicles and school 

15 buses 

16 ‘‘(a) IN GENERAL.—Not later than one year after the 

17 date of enactment of the Distracted Driving Prevention 

18 Act of 2011, the Secretary of Transportation shall issue 

19 regulations on the use of electronic or wireless devices, in20 cluding cell phones and other distracting devices, by an 

21 individual employed as the operator of— 

22 ‘‘(1) a commercial motor vehicle (as defined in 

23 section 31301(4)) while that individual is engaged in 

24 the performance of such individual’s duties as the 

25 operator of the commercial motor vehicle; or 


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1 ‘‘(2) a school bus (as defined in section 

2 30125(a)(1)) that is a commercial motor vehicle (as 

3 defined in section 31301(4)) while that individual is 

4 engaged in the performance of such individual’s du5 ties as the operator of the school bus. 

6 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

7 base the regulations required under subsection (a) on acci8 dent data analysis, the results of ongoing research, and 

9 other information, as appropriate. 

10 ‘‘(c) PROHIBITED USE.—The Secretary shall prohibit 

11 the use of the devices described in subsection (a) in cir12 cumstances in which the Secretary determines that such 

13 use interferes with a driver’s safe operation of a school 

14 bus or commercial motor vehicle. 

15 ‘‘(d) PERMITTED USE.—Under the regulations, the 

16 Secretary may permit the use of a device, the use of which 

17 is prohibited under subsection (c), if the Secretary deter18 mines that such use is necessary for the safety of the driv19 er or the public in emergency circumstances.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 311 of title 49, United States Code, is amended 

22 by inserting after the item relating to section 31151 the 

23 following: 

‘‘31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses.’’. 


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1 SEC. 9. FUNDING. 

2 Section 2001(a) of SAFETEA–LU is amended— 

3 (1) in paragraph (4)— 

4 (A) by striking ‘‘and $124,500,000’’ and 

5 inserting ‘‘$124,500,000’’; and 

6 (B) by striking ‘‘2011.’’ and inserting 

7 ‘‘2011, $94,500,000 for fiscal year 2012, and 

8 $94,500,000 for fiscal year 2013. If any 

9 amount of the funds authorized by this para10 graph has not been allocated to States meeting 

11 the criteria of section 406 of title 23, United 

12 States Code, by July 1 of a fiscal year begin13 ning after fiscal year 2011, the unallocated 

14 amount shall be allocated to States through 

15 grants under section 413 of that title.’’; and 

16 (2) by redesignating paragraph (11) as para17 graph (12) and inserting after paragraph (10) the 

18 following: 

19 ‘‘(11) DISTRACTED DRIVING PROGRAM.—For 

20 carrying out section 3 of the Distracted Driving Pre21 vention Act of 2011 $30,000,000 for each of fiscal 

22 years 2012 and 2013.’’. 

Æ 


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