787 
conviction of driving under the influence of 
alcohol or of driving while intoxicated; 
‘‘(ii) does not allow any individual re-
quired to have an ignition interlock for 
driving privileges to drive a motor vehicle 
unless such individual installs an ignition 
interlock for a minimum 180-day interlock 
period; or 
‘‘(iii) has— 
‘‘(I) enacted and is enforcing a 
state law requiring all individuals con-
victed of, or whose driving privilege is 
revoked or denied for, refusing to sub-
mit to a chemical or other test for the 
purpose of determining the presence 
or concentration of any intoxicating 
substance to install an ignition inter-
lock for a minimum 180-day interlock 
period unless the driver successfully 
completes an appeal process; and 
‘‘(II) a compliance-based removal 
program in which an individual re-
quired to install an ignition interlock 
for a minimum 180-day interlock pe-
riod and have completed a minimum 
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consecutive period of not less than 60 
days of the required interlock period 
immediately preceding the date of re-
lease, without a confirmed violation, 
as defined by State law or regulations, 
of driving under the influence of alco-
hol or driving while intoxicated.’’; 
(6) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘para-
graphs (2) and (3)’’ and inserting ‘‘paragraph 
(2)’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘paragraph (2) or (3)’’ 
and inserting ‘‘paragraph (3) or (4)’’; 
(ii) in subparagraph (A) by striking 
‘‘communications device to contact emer-
gency services’’ and inserting ‘‘communica-
tions device during an emergency to con-
tact emergency services or to prevent in-
jury to persons or property’’; 
(iii) in subparagraph (C) by striking 
‘‘; and’’ and inserting a semicolon; 
(iv) by redesignating subparagraph 
(D) as subparagraph (E); and 
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(v) by inserting after subparagraph 
(C) the following: 
‘‘(D) a driver who uses a personal wireless 
communication device for navigation; and’’; 
(C) in paragraph (5)(A)(i) by striking 
‘‘texting or using a cell phone while’’ and in-
serting ‘‘distracted’’; 
(D) in paragraph (7) by striking ‘‘Of the 
amounts’’ and inserting ‘‘In addition to the 
amounts authorized under section 404 and of 
the amounts’’; 
(E) in paragraph (9)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) PERSONAL
WIRELESS
COMMUNICA-
TIONS
DEVICE.—The term ‘personal wireless 
communications device’ means— 
‘‘(i) until the date on which the Sec-
retary issues a regulation pursuant to 
paragraph (8)(A), a device through which 
personal services (as such term is defined 
in section 332(c)(7)(C)(i) of the Commu-
nications 
Act 
of 
1934 
(47 
U.S.C. 
332(c)(7)(C)(i)) are transmitted, but not 
including the use of such a device as a 
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global navigation system receiver used for 
positioning, 
emergency 
notification, 
or 
navigation purposes; and 
‘‘(ii) on and after the date on which 
the Secretary issues a regulation pursuant 
to paragraph (8)(A), the definition de-
scribed in such regulation.’’; and 
(ii) by striking subparagraph (E) and 
inserting the following: 
‘‘(E) 
TEXTING.—The 
term 
‘texting’ 
means— 
‘‘(i) until the date on which the Sec-
retary issues a regulation pursuant to 
paragraph (8)(A), reading from or manu-
ally entering data into a personal wireless 
communications device, including doing so 
for the purpose of SMS texting, emailing, 
instant messaging, or engaging in any 
other form of electronic data retrieval or 
electronic data communication; and 
‘‘(ii) on and after the date on which 
the Secretary issues a regulation pursuant 
to paragraph (8)(A), the definition de-
scribed in such regulation.’’; 
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(F) by striking paragraphs (2), (3), (6), 
and (8); 
(G) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; 
(H) by inserting after paragraph (1) the 
following: 
‘‘(2) ALLOCATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D), the allocation of 
grant funds to a State under this subsection for 
a fiscal year shall be in proportion to the 
State’s apportionment under section 402 for 
fiscal year 2009. 
‘‘(B) PRIMARY OFFENSE LAWS.—A State 
that has enacted and is enforcing a law that 
meets the requirements set forth in paragraphs 
(3) and (4) as a primary offense shall be allo-
cated 100 percent of the amount calculated 
under subparagraph (A). 
‘‘(C) SECONDARY
OFFENSE
LAWS.—A 
State that has enacted and is enforcing a law 
that meets the requirements set forth in para-
graphs (3) and (4) as a secondary offense shall 
be allocated 50 percent of the amount cal-
culated under subparagraph (A). 
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‘‘(D) TEXTING WHILE DRIVING.—Notwith-
standing subparagraphs (B) and (C), a State 
shall be allocated 25 percent of the amount cal-
culated under subparagraph (A) if such State 
has enacted and is enforcing a law that pro-
hibits a driver from viewing a personal wireless 
communication device, except for the purpose of 
navigation. 
‘‘(3) PROHIBITION
ON
HANDHELD
PERSONAL 
WIRELESS
COMMUNICATION
DEVICE
USE
WHILE 
DRIVING.—A State law meets the requirements set 
forth in this paragraph if the law— 
‘‘(A) prohibits a driver from holding or 
using, including texting, a personal wireless 
communications device while driving, except for 
the use of a personal wireless communications 
device— 
‘‘(i) in a hands-free manner or with a 
hands-free accessory; or 
‘‘(ii) to activate or deactivate a fea-
ture or function of the personal wireless 
communications device; 
‘‘(B) establishes a fine for a violation of 
the law; and 
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‘‘(C) does not provide for an exemption 
that specifically allows a driver to hold or use 
a personal wireless communication device while 
stopped in traffic. 
‘‘(4) PROHIBITION
ON
PERSONAL
WIRELESS 
COMMUNICATION
DEVICE
USE
WHILE
DRIVING
OR 
STOPPED IN TRAFFIC.—A State law meets the re-
quirements set forth in this paragraph if the law— 
‘‘(A) prohibits a driver from holding or 
using a personal wireless communications device 
while driving if the driver is— 
‘‘(i) younger than 18 years of age; or 
‘‘(ii) in the learner’s permit or inter-
mediate license stage described in subpara-
graph (A) or (B) of subsection (g)(2); 
‘‘(B) establishes a fine for a violation of 
the law; and 
‘‘(C) does not provide for an exemption 
that specifically allows a driver to use a per-
sonal wireless communication device while 
stopped in traffic.’’; and 
(I) by inserting after paragraph (7) the 
following: 
‘‘(8) RULEMAKING.—Not later than 1 year 
after the date of enactment of this paragraph, the 
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Secretary shall issue such regulations as are nec-
essary to account for diverse State approaches to 
combating distracted driving that— 
‘‘(A) defines the terms personal wireless 
communications device and texting for the pur-
poses of this subsection; and 
‘‘(B) determines additional permitted ex-
ceptions that are appropriate for a State law 
that meets the requirements under paragraph 
(3) or (4).’’; 
(7) in subsection (g)— 
(A) in paragraph (1) by inserting ‘‘sub-
paragraphs (A) and (B) of’’ before ‘‘paragraph 
(2)’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) MINIMUM REQUIREMENTS.— 
‘‘(A) TIER 1 STATE.—A State shall be eli-
gible for a grant under this subsection as a Tier 
1 State if such State requires novice drivers 
younger than 18 years of age to comply with a 
2-stage graduated driver licensing process be-
fore receiving an unrestricted driver’s license 
that includes— 
‘‘(i) a learner’s permit stage that— 
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‘‘(I) is at least 180 days in dura-
tion; 
‘‘(II) requires that the driver be 
accompanied and supervised at all 
times; and 
‘‘(III) has a requirement that the 
driver obtain at least 40 hours of be-
hind-the-wheel training with a super-
visor; and 
‘‘(ii) an intermediate stage that— 
‘‘(I) 
commences 
immediately 
after the expiration of the learner’s 
permit stage; 
‘‘(II) is at least 180 days in du-
ration; and 
‘‘(III) for the first 180 days of 
the intermediate stage, restricts the 
driver from— 
‘‘(aa) driving at night be-
tween the hours of 11:00 p.m. 
and at least 4:00 a.m. except— 
‘‘(AA) when a parent, 
guardian, driving instructor, 
or licensed driver who is at 
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least 21 years of age is in 
the motor vehicle; and 
‘‘(BB) when driving to 
and from work, school and 
school-related activities, reli-
gious activities, for emer-
gencies, or as a member of 
voluntary emergency service; 
and 
‘‘(bb) operating a motor ve-
hicle with more than 1 non-
familial passenger younger than 
18 years of age, except when a 
parent, guardian, driving instruc-
tor, or licensed driver who is at 
least 21 years of age is in the 
motor vehicle. 
‘‘(B) TIER 2 STATE.—A State shall be eli-
gible for a grant under this subsection as a Tier 
2 State if such State requires novice drivers 
younger than 18 years of age to comply with a 
2-stage graduated driver licensing process be-
fore receiving an unrestricted driver’s license 
that includes— 
‘‘(i) a learner’s permit stage that— 
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‘‘(I) is at least 180 days in dura-
tion; 
‘‘(II) requires that the driver be 
accompanied and supervised at all 
times; and 
‘‘(III) has a requirement that the 
driver obtain at least 50 hours of be-
hind-the-wheel training, with at least 
10 hours at night, with a supervisor; 
and 
‘‘(ii) an intermediate stage that— 
‘‘(I) 
commences 
immediately 
after the expiration of the learner’s 
permit stage; 
‘‘(II) is at least 180 days in du-
ration; and 
‘‘(III) for the first 180 days of 
the intermediate stage, restricts the 
driver from— 
‘‘(aa) driving at night be-
tween the hours of 10:00 p.m. 
and at least 4:00 a.m. except— 
‘‘(AA) when a parent, 
guardian, driving instructor, 
or licensed driver who is at 
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least 21 years of age is in 
the motor vehicle; and 
‘‘(BB) when driving to 
and from work, school and 
school-related activities, reli-
gious activities, for emer-
gencies, or as a member of 
voluntary emergency service; 
and 
‘‘(bb) operating a motor ve-
hicle with any nonfamilial pas-
senger younger than 18 years of 
age, 
except 
when 
a 
parent, 
guardian, driving instructor, or 
licensed driver who is at least 21 
years of age is in the motor vehi-
cle.’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A) by inserting 
‘‘subparagraphs (A) and (B) of’’ before 
‘‘paragraph (2)’’; and 
(ii) in subparagraph (B) by inserting 
‘‘subparagraphs (A) and (B) of’’ before 
‘‘paragraph (2)’’ each place such term ap-
pears; 
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(D) in paragraph (4) by striking ‘‘such fis-
cal year’’ and inserting ‘‘fiscal year 2009’’; and 
(E) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) USE OF FUNDS.— 
‘‘(A) TIER 1 STATES.—A Tier 1 State shall 
use grant funds provided under this subsection 
for— 
‘‘(i) enforcing a 2-stage licensing 
process that complies with paragraph (2); 
‘‘(ii) training for law enforcement per-
sonnel and other relevant State agency 
personnel relating to the enforcement de-
scribed in clause (i); 
‘‘(iii) publishing relevant educational 
materials that pertain directly or indirectly 
to the State graduated driver licensing law; 
‘‘(iv) carrying out other administrative 
activities that the Secretary considers rel-
evant to the State’s 2-stage licensing proc-
ess; or 
‘‘(v) carrying out a teen traffic safety 
program described in section 402(m). 
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‘‘(B) TIER 2 STATES .—Of the grant funds 
made available to a Tier 2 State under this 
subsection— 
‘‘(i) 25 percent shall be used for any 
activity described in subparagraph (A); 
and 
‘‘(ii) 75 percent may be used for any 
project or activity eligible under section 
402.’’; 
(8) by amending subsection (h)(4) to read as 
follows: 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 
received by a State under this subsection may be 
used for the safety of pedestrians and bicyclists, in-
cluding— 
‘‘(A) training of law enforcement officials 
on pedestrian and bicycle safety, State laws ap-
plicable to pedestrian and bicycle safety, and in-
frastructure designed to improve pedestrian and 
bicycle safety; 
‘‘(B) carrying out a program to support 
enforcement mobilizations and campaigns de-
signed to enforce State traffic laws applicable to 
pedestrian and bicycle safety; 
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‘‘(C) public education and awareness pro-
grams designed to inform motorists, pedes-
trians, and bicyclists about— 
‘‘(i) pedestrian and bicycle safety, in-
cluding information on nonmotorized mo-
bility and the important of speed manage-
ment to the safety of pedestrians and 
bicyclists; 
‘‘(ii) the value of the use of pedestrian 
and bicycle safety equipment, including 
lighting, conspicuity equipment, mirrors, 
helmets and other protective equipment, 
and compliance with any State or local 
laws requiring their use; 
‘‘(iii) State traffic laws applicable to 
pedestrian and bicycle safety, including 
motorists’ responsibilities towards pedes-
trians and bicyclists; and 
‘‘(iv) infrastructure designed to im-
prove pedestrian and bicycle safety; and 
‘‘(D) data analysis and research con-
cerning pedestrian and bicycle safety.’’; and 
(9) by adding at the end the following: 
‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 
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‘‘(1) GENERAL AUTHORITY.—Subject to the re-
quirements under this subsection, the Secretary shall 
award grants to— 
‘‘(A) States that enact a commuter safety 
education program; and 
‘‘(B) States qualifying under paragraph 
(5)(A). 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the costs of activities carried out using amounts 
from a grant awarded under this subsection may not 
exceed 80 percent. 
‘‘(3) ELIGIBILITY.—To be eligible for a grant 
under this subsection, a State shall enact a law or 
adopt a program that requires the following: 
‘‘(A) DRIVER
EDUCATION
AND
DRIVING 
SAFETY
COURSES.—Inclusion, in driver edu-
cation and driver safety courses provided to in-
dividuals by educational and motor vehicle 
agencies of the State, of instruction and testing 
concerning law enforcement practices during 
traffic stops, including information on— 
‘‘(i) the role of law enforcement and 
the duties and responsibilities of peace offi-
cers; 
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‘‘(ii) an individual’s legal rights con-
cerning interactions with peace officers; 
‘‘(iii) best practices for civilians and 
peace officers during such interactions; 
‘‘(iv) the consequences for an individ-
ual’s or officer’s failure to comply with 
those laws and programs; and 
‘‘(v) how and where to file a com-
plaint against or a compliment on behalf of 
a peace officer. 
‘‘(B) PEACE
OFFICER
TRAINING
PRO-
GRAMS.—Development and implementation of a 
training program, including instruction and 
testing materials, for peace officers and reserve 
law enforcement officers (other than officers 
who have received training in a civilian course 
described in subparagraph (A)) with respect to 
proper interaction with civilians during traffic 
stops. 
‘‘(4) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection for a fiscal 
year shall be in proportion to the State’s apportion-
ment under section 402 for fiscal year 2009. 
‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 
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‘‘(A) QUALIFYING STATE.—A State quali-
fies pursuant to this subparagraph if— 
‘‘(i) the Secretary determines such 
State has taken meaningful steps toward 
the full implementation of a law or pro-
gram described in paragraph (3); 
‘‘(ii) the Secretary determines such 
State has established a timetable for the 
implementation of such a law or program; 
and 
‘‘(iii) such State has received a grant 
pursuant to this subsection for a period of 
not more than 5 years. 
‘‘(B) WITHHOLDING.—With respect to a 
State that qualifies pursuant to subparagraph 
(A), the Secretary shall— 
‘‘(i) withhold 50 percent of the 
amount that such State would otherwise 
receive if such State were a State described 
in paragraph (1)(A); and 
‘‘(ii) direct any such amounts for dis-
tribution among the States that are enforc-
ing and carrying out a law or program de-
scribed in paragraph (3). 
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‘‘(6) USE OF GRANT AMOUNTS.—A State re-
ceiving a grant under this subsection may use such 
grant— 
‘‘(A) for the production of educational ma-
terials and training of staff for driver education 
and driving safety courses and peace officer 
training described in paragraph (3); and 
‘‘(B) for the implementation of the law de-
scribed in paragraph (3).’’. 
(b) CONFORMING AMENDMENT.—Sections 402, 403, 
and 405 of title 23, United States Code, are amended— 
(1) by striking ‘‘accidents’’ and inserting 
‘‘crashes’’ each place it appears; and 
(2) by striking ‘‘accident’’ and inserting 
‘‘crash’’ each place it appears. 
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
Section 164(b)(1) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A) by striking ‘‘alcohol- 
impaired’’ and inserting ‘‘alcohol or polysubstance- 
impaired’’; and 
(2) in subparagraph (B)— 
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(A) on the website of the Federal Motor 
Carrier Safety Administration; and 
(B) in appropriate offices of the Federal 
Motor Carrier Safety Administration. 
(h) TERMINATION.—The Board shall terminate on 
submission of the report to Congress under subsection (g). 
(i) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Motor Carrier Safety Administration. 
(2) BOARD.—The term ‘‘Board’’ means the 
Women of Trucking Advisory Board established 
under subsection (d). 
(3) LARGE
TRUCKING
COMPANY.—The term 
‘‘large trucking company’’ means a motor carrier (as 
defined in section 13102 of title 49, United States 
Code) with an annual revenue greater than 
$1,000,000,000. 
(4) MID-SIZED TRUCKING COMPANY.—The term 
‘‘mid-sized trucking company’’ means a motor car-
rier (as defined in section 13102 of title 49, United 
States Code) with an annual revenue of not less 
than 
$35,000,000 
and 
not 
greater 
than 
$1,000,000,000. 
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