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 with-
in 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Distracted Driving Prevention Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. DISTRACTED DRIVING PREVENTION INCENTIVE 
GRANTS. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 413. 
Distracted 
driving 
prevention 
incentive 
grants 
‘‘(a) IN GENERAL.—Subject to the amounts made 
available to carry out this section, the Secretary shall 
make a grant under this section each fiscal year to each 
State that enacts and implements a law that meets the 
requirements of subsections (b) and (c). 
‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 
A State law meets the requirements of this subsection if 
the law— 
‘‘(1) prohibits the use of a personal wireless 
communications device by a driver for texting while 
driving; 
‘‘(2) makes violation of the law a primary of-
fense; 
‘‘(3) establishes— 
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‘‘(A) a minimum fine for a first violation 
of the law; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(4) provides increased civil and criminal pen-
alties, as compared to those that would otherwise 
apply, if a vehicle accident is caused by a driver who 
is using such a device in violation of the law. 
‘‘(c) PROHIBITION ON HANDHELD CELL PHONE USE 
WHILE DRIVING.—A State law meets the requirements of 
this subsection if the law— 
‘‘(1) prohibits a driver from holding a personal 
wireless communications device to conduct a tele-
phone call while driving; 
‘‘(2) allows the use of a hands-free device by a 
driver, other than a driver who has not attained the 
age of 18 years, for initiating, conducting, or receiv-
ing a telephone call; 
‘‘(3) makes violation of the law a primary of-
fense; 
‘‘(4) requires distracted driving issues to be 
tested as part of the driver’s license examination of 
the State; 
‘‘(5) establishes— 
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‘‘(A) a minimum fine for a first violation 
of the law; and 
‘‘(B) increased fines for repeat violations; 
and 
‘‘(6) provides increased civil and criminal pen-
alties, as compared to those that would otherwise 
apply, if a vehicle accident is caused by a driver who 
is using a personal wireless communications device 
in violation of the law. 
‘‘(d) PERMITTED EXCEPTIONS.—A State law meets 
the requirements of subsections (b) and (c) without regard 
to whether the law provides exceptions for— 
‘‘(1) use of a personal wireless communications 
device by a driver to contact emergency services; 
‘‘(2) manipulation of a personal wireless com-
munications device by a driver to activate, deacti-
vate, 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 the duties of emergency services 
personnel; and 
‘‘(4) use of a device by an individual employed 
as a commercial motor vehicle driver or a school bus 
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driver within the scope of such individual’s employ-
ment, if such use is permitted under the regulations 
issued pursuant to section 31152 of title 49. 
‘‘(e) GRANT YEAR.—The Secretary shall make a 
grant under this section to a State in each year in which 
the State— 
‘‘(1) enacts a law that meets the requirements 
of subsections (b) and (c) before July 1 of that year; 
or 
‘‘(2) maintains a law that— 
‘‘(A) meets the requirements of subsections 
(b) and (c); 
‘‘(B) was enacted prior to that year; and 
‘‘(C) is in effect at least from January 1 
through June 30 of that year. 
‘‘(f) DISBURSEMENT AND APPORTIONMENT.—Grants 
to States under this section shall be disbursed after July 
1 each year according to the apportionment criteria under 
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 
amount— 
‘‘(A) to educate the public regarding and 
advertise information on the dangers of a driver 
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using a personal wireless communications device 
for texting or conducting a telephone call that 
requires holding the device while driving; 
‘‘(B) for signs that notify drivers about the 
law of the State that made the State eligible for 
the grant; 
‘‘(C) for law enforcement of that law; or 
‘‘(D) for a combination of such uses; and 
‘‘(2) may use up to 50 percent of the grant 
amount for other projects that improve traffic safety 
and that are consistent with the programs specified 
in section 402(a). 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(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, a stop sign, or another reason. 
The term 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 ini-
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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. The 
term does not include a global navigation satellite 
system receiver used for positioning, emergency noti-
fication, or navigation purposes. 
‘‘(4) PRIMARY OFFENSE.—The term ‘primary 
offense’ means an offense for which a law enforce-
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.’’. 
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘413. Distracted driving prevention 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) during fiscal years 2012 and 
2013. 
(b) PURPOSE.—The purpose of an education and ad-
vertising campaign under this section shall be to educate 
the public about the risks associated with distracted driv-
ing, including those associated with— 
(1) a driver using a personal wireless commu-
nications device for texting while driving; and 
(2) a driver holding a personal wireless commu-
nications device to conduct a telephone call while 
driving. 
(c) USE OF FUNDS.—The Administrator may use, or 
authorize the use of, funds made available to carry out 
this section to pay for the development, production, publi-
cation, and broadcast of electronic and print media adver-
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tising. In carrying out campaigns under this section, the 
Administrator— 
(1) shall give consideration to advertising di-
rected at non-English speaking populations, includ-
ing those who listen to, read, or watch nontradi-
tional media; and 
(2) may use a portion of the funds available to 
target advertising in local jurisdictions that have en-
acted laws prohibiting the use of personal wireless 
communications devices for texting or conducting a 
telephone call that requires holding the device while 
driving. 
(d) COORDINATION WITH STATES.—The Adminis-
trator may coordinate with States to carry out the edu-
cation and advertising campaigns under this section in a 
manner that coincides with high-visibility enforcement of 
State laws prohibiting the use of personal wireless commu-
nications devices for texting or conducting a telephone call 
that requires holding the device 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 of such evaluations to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, the Committee on Energy and Commerce of the 
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‘‘(2) a school bus (as defined in section 
30125(a)(1)) that is a commercial motor vehicle (as 
defined in section 31301(4)) while that individual is 
engaged in the performance of such individual’s du-
ties as the operator of the school bus. 
‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 
base the regulations required under subsection (a) on acci-
dent data analysis, the results of ongoing research, and 
other information, as appropriate. 
‘‘(c) PROHIBITED USE.—The Secretary shall prohibit 
the use of the devices described in subsection (a) in cir-
cumstances in which the Secretary determines that such 
use interferes with a 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 deter-
mines that such use is necessary for the safety of the driv-
er or the public in emergency circumstances.’’. 
(b) CONFORMING AMENDMENT.—The analysis 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 vehi-
cles and school buses.’’. 
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