I 
117TH CONGRESS 
1ST SESSION 
H. R. 762 
To amend title 23, United States Code, to require the Secretary of Transpor-
tation to provide States applying for distracted driving grants an expla-
nation of the eligibility decision with respect to such State, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2021 
Mr. KRISHNAMOORTHI (for himself, Mr. COHEN, and Mr. GALLAGHER) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure 
A BILL 
To amend title 23, United States Code, to require the Sec-
retary of Transportation to provide States applying for 
distracted driving grants an explanation of the eligibility 
decision with respect to such State, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘States Afforded Fund-
ing Extensions To Oppose Driving Recklessly In Vehicular 
Engagements Act’’ or the ‘‘SAFE TO DRIVE Act’’. 
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SEC. 2. NATIONAL PRIORITY SAFETY PROGRAMS. 
Section 405(e) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (6) and inserting the 
following: 
‘‘(6) 
ADDITIONAL
DISTRACTED
DRIVING 
GRANTS.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary shall use up to 25 per-
cent of the amounts available for grants under 
this subsection to award grants to any State 
otherwise ineligible under this subsection that 
certifies that such State has enacted a statute 
that— 
‘‘(i) is applicable to drivers of all ages; 
‘‘(ii) makes a violation of the statute 
a primary offense; and 
‘‘(iii) prohibits— 
‘‘(I) texting, as defined in para-
graph (10)(E); or 
‘‘(II) non-navigational viewing of 
a personal wireless communication de-
vice. 
‘‘(B) USE
OF
GRANT
FUNDS.—Notwith-
standing paragraph (5), amounts received by a 
State under subparagraph (A) may be used for 
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activities related to the enforcement of dis-
tracted driving laws, including for public infor-
mation and awareness purposes.’’; 
(2) by redesignating paragraph (9) as para-
graph (10); and 
(3) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) 
DETERMINATIONS
OF
GRANT
ELIGI-
BILITY.— 
‘‘(A) 
EXPLANATION
OF
DETERMINA-
TION.—In making an eligibility determination 
in granting or denying an application of a State 
for a grant under this subsection, the Secretary 
shall provide each applicant State with an ex-
planation of such determination, including an 
explanation of whether each section of the stat-
ute submitted with such application met or did 
not meet the requirements for a grant under 
this subsection. 
‘‘(B) AVAILABILITY OF DETERMINATION.— 
Not later than 60 days after granting or deny-
ing an application for a grant under this sub-
section, the Secretary shall make the deter-
mination under subparagraph (A) publicly 
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available on the Department of Transportation 
website.’’. 
Æ 
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