‘‘(6) provides increased civil and criminal pen-
alties than would otherwise apply if a vehicle acci-
dent 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) manipulation of such a device by a driver 
to activate, deactivate, or initialize the hands-free 
functionality of the device; 
‘‘(3) use of a personal wireless communications 
device by emergency services personnel while oper-
ating an emergency services vehicle and engaged in 
the performance of their duties as emergency serv-
ices personnel; and 
‘‘(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 employ-
ment 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 in which 
the State— 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
‘‘(1) enacts a law that meets the requirements 
of subsections (b) and (c) before July 1; or 
‘‘(2) maintains a statute, that meets the re-
quirements 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). 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) DRIVING.—The term ‘driving’ means oper-
ating a motor vehicle on a public road, including op-
eration while temporarily stationary because of traf-
fic, a traffic light or stop sign, or otherwise. It does 
not include operating a motor vehicle when the vehi-
cle 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 ini-
tiate, conduct, or receive a telephone call without 
holding the personal wireless communications device. 
‘‘(3) PERSONAL
WIRELESS
COMMUNICATIONS 
DEVICE.—The term ‘personal wireless communica-
tions 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 re-
ceiver used for positioning, emergency notification, 
or navigation purposes. 
‘‘(4) PRIMARY OFFENSE.—The term ‘primary 
offense’ means an offense for which a law enforce-
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
ment officer may stop a vehicle solely for the pur-
pose 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 per-
sonal 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 commu-
nication.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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 PRO-
GRAM. 
(a) IN GENERAL.—The Administrator of the Na-
tional Highway Traffic Safety Administration shall estab-
lish 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. 
(b) PURPOSE.—The purpose of an education and ad-
vertising campaign under this section shall be to educate 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
the public about the risks associated with distracted driv-
ing, 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 sec-
tion 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 di-
rected at non-English speaking populations, includ-
ing 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 per-
sonal wireless communications devices while driving. 
(d) COORDINATION WITH STATES.—The Adminis-
trator 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 pro-
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
hibiting texting while driving or the use of personal wire-
less 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 Com-
merce, 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 ele-
ments, as determined appropriate by the Sec-
retary, in consultation with the States and ap-
propriate elements of the law enforcement com-
munity, 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 acci-
dent investigation reports include a des-
ignated space to record whether or not the 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
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 inves-
tigation, inquire about and record the in-
formation required by clause (i); and 
‘‘(iii) incorporate the information col-
lected under clause (i) into its traffic safe-
ty information system.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to grants under sec-
tion 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 com-
monly brought into passenger or commercial vehi-
cles. 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
(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 ve-
hicles; 
(B) portable electronic equipment com-
monly brought into passenger or commercial ve-
hicles; or 
(C) passenger or commercial vehicles. 
SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECH-
NOLOGY. 
Within 180 days after the date of enactment of this 
Act, the Federal Communications Commission shall sub-
mit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Represent-
atives Committee on Energy and Commerce that identi-
fies— 
(1) data the Commission can collect and ana-
lyze that will assist in understanding and reducing 
the problem of distracted driving involving the use of 
personal communications devices; 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
(2) existing and developing wireless communica-
tions technology that may be used to reduce prob-
lems 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 vehi-
cle, 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: 
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS
‘‘§ 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 
2009, the Secretary of Transportation shall prescribe reg-
ulations on the use of electronic or wireless devices, includ-
ing cell phones and other distracting devices, by an indi-
vidual employed as the operator of— 
‘‘(1) a commercial motor vehicle while that indi-
vidual is engaged in the performance of such individ-
ual’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 Sec-
retary determines that their use interferes with the driv-
VerDate Nov 24 2008 
05:02 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3994.IH
H3994
jbell on DSKDVH8Z91PROD with BILLS