692 
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds re-
ceived by a State under this subsection shall be used 
for— 
‘‘(A) making data program improvements 
to core highway safety databases related to quan-
tifiable, measurable progress in any of the 6 sig-
nificant data program attributes set forth in 
paragraph (3)(D); 
‘‘(B) developing or acquiring programs to 
identify, collect, and report data to State and 
local government agencies, and enter data, in-
cluding crash, citation and adjudication, driver, 
emergency medical services or injury surveillance 
system, roadway, and vehicle, into the core high-
way safety databases of a State; 
‘‘(C) purchasing equipment to improve 
processes by which data is identified, collected, 
and reported to State and local government 
agencies; 
‘‘(D) linking core highway safety databases 
of a State with such databases of other States or 
with other data systems within the State, includ-
ing systems that contain medical, roadway, and 
economic data; 
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‘‘(E) improving the compatibility and 
interoperability of the core highway safety data-
bases of the State with national data systems 
and data systems of other States; 
‘‘(F) enhancing the ability of a State and 
the Secretary to observe and analyze local, State, 
and national trends in crash occurrences, rates, 
outcomes, and circumstances; 
‘‘(G) 
supporting 
traffic 
records-related 
training and related expenditures for law en-
forcement, emergency medical, judicial, prosecu-
torial, and traffic records professionals; 
‘‘(H) hiring traffic records professionals, in-
cluding a Fatality Analysis Reporting System 
liaison for a State; and 
‘‘(I) conducting research on State traffic 
safety information systems, including developing 
and evaluating programs to improve core high-
way safety databases of such State and processes 
by which data is identified, collected, reported to 
State and local government agencies, and entered 
into such core safety databases.’’; 
(5) by striking subsection (d)(6)(A) and insert-
ing the following: 
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‘‘(A) GRANTS TO STATES WITH ALCOHOL-IG-
NITION INTERLOCK LAWS.—The Secretary shall 
make a separate grant under this subsection to 
each State that— 
‘‘(i) adopts and is enforcing a manda-
tory alcohol-ignition interlock law for all 
individuals arrested or convicted of driving 
under the influence of alcohol or of driving 
while intoxicated; 
‘‘(ii) does not allow any individual ar-
rested or convicted of driving under the in-
fluence of alcohol or driving while intoxi-
cated to drive a motor vehicle unless such 
individual installs an ignition interlock for 
a minimum 6-month 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 sub-
stance to install an ignition interlock 
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695 
for a minimum 6-month interlock pe-
riod; and 
‘‘(II) a compliance-based removal 
program in which an individual ar-
rested or convicted of driving under the 
influence of alcohol or driving while 
intoxicated shall install an ignition 
interlock for a minimum 6-month 
interlock period and have completed a 
minimum consecutive period of not less 
than 40 percent of the required inter-
lock period immediately preceding the 
date of release, without a confirmed 
violation of driving under the influence 
of alcohol or driving while intoxi-
cated.’’; 
(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-
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697 
‘‘(i) until the date on which the Sec-
retary issues a regulation pursuant to para-
graph (8)(A), a device through which per-
sonal services (as such term is defined in 
section 332(c)(7)(C)(i) of the Communica-
tions 
Act 
of 
1934 
(47 
U.S.C. 
332(c)(7)(C)(i)) are transmitted, but not in-
cluding the use of such a device as a global 
navigation system receiver used for posi-
tioning, emergency notification, or naviga-
tion 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 para-
graph (8)(A), reading from or manually en-
tering data into a personal wireless commu-
nications device, including doing so for the 
purpose of SMS texting, emailing, instant 
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698 
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.’’; 
(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) and (C), 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. 
‘‘(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). 
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‘‘(C) SECONDARY 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 secondary offense shall be allo-
cated 50 percent of the amount calculated under 
subparagraph (A). 
‘‘(3) PROHIBITION
ON
HANDHELD
PERSONAL 
WIRELESS COMMUNICATION DEVICE USE WHILE DRIV-
ING.—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 feature 
or function of the personal wireless commu-
nications device; 
‘‘(B) establishes a fine for a violation of the 
law; and 
‘‘(C) does not provide for an exemption that 
specifically allows a driver to hold or use a per-
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700 
sonal wireless communication device while 
stopped in traffic. 
‘‘(4) PROHIBITION ON PERSONAL WIRELESS COM-
MUNICATION
DEVICE
USE
WHILE
DRIVING
OR 
STOPPED IN TRAFFIC.—A State law meets the require-
ments 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 personal 
wireless communication device while stopped in 
traffic.’’; and 
(I) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) RULEMAKING.—Not later than 1 year after 
the date of enactment of this paragraph, the Secretary 
shall issue such regulations as are necessary to ac-
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701 
count for diverse State approaches to combating dis-
tracted driving that— 
‘‘(A) defines the terms personal wireless 
communications device and texting for the pur-
poses of this subsection; and 
‘‘(B) determines additional permitted excep-
tions 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 inserting 
the following: 
‘‘(2) MINIMUM REQUIREMENTS.— 
‘‘(A) TIER 1 STATE.—A State shall be eligi-
ble 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 before 
receiving an unrestricted driver’s license that in-
cludes— 
‘‘(i) a learner’s permit stage that— 
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702 
‘‘(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 dura-
tion; 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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703 
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 vehi-
cle with more than 1 nonfamilial 
passenger 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. 
‘‘(B) TIER 2 STATE.—A State shall be eligi-
ble 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 before 
receiving an unrestricted driver’s license that in-
cludes— 
‘‘(i) a learner’s permit stage that— 
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704 
‘‘(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 dura-
tion; 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 vehi-
cle with any nonfamilial pas-
senger younger than 18 years of 
age, except when a parent, guard-
ian, driving instructor, or li-
censed 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 inserting 
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 proc-
ess that complies with paragraph (2); 
‘‘(ii) training for law enforcement per-
sonnel and other relevant State agency per-
sonnel relating to the enforcement described 
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 sub-
section— 
‘‘(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.’’; and 
(8) by adding at the end the following: 
‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 
‘‘(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: 
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708 
‘‘(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 agen-
cies of the State, of instruction and testing con-
cerning law enforcement practices during traffic 
stops, including information on— 
‘‘(i) the role of law enforcement and 
the duties and responsibilities of peace offi-
cers; 
‘‘(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 complaint 
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 
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