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111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-355
_______________________________________________________________________

                                     

                                                       Calendar No. 656
 
               DISTRACTED DRIVING PREVENTION ACT OF 2009

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1938



                                     

               November 30, 2010.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 656
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-355

======================================================================




               DISTRACTED DRIVING PREVENTION ACT OF 2009

                                _______
                                

               November 30, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1938]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1938) to establish a program to 
reduce injuries and deaths caused by cell phone use and texting 
while driving, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1938, as reported, is to establish a 
program to reduce injuries and deaths caused by cell phone use 
and texting while driving.

                          Background and Needs

  The National Highway Traffic Safety Administration (NHTSA) 
estimates that in 2008, nearly 16 percent of all motor vehicle 
fatalities and 22 percent of all motor vehicle injuries 
occurred in crashes in which at least one form of distracted 
driving was reported in the crash report. As large as these 
numbers are, they still may not state the true size of the 
problem, as the identification of distraction by law 
enforcement and its role in a crash can be very difficult to 
ascertain. What is clear is that exposure to distracted driving 
has skyrocketed with the explosion of cell phones and other 
personal wireless devices. Today, 87 percent of Americans own 
some form of wireless device.
  Distracted driving encompasses a wide range of behavior, 
including cell phone use, that takes the driver's attention 
away from his or her primary driving responsibilities. As 
overall cell phone use and text messaging have increased year-
to-year, the proportion of vehicle fatalities associated with 
driver distraction has risen--from 12 percent in 2004 to 16 
percent in 2008. In a 2009 poll conducted by the AAA Foundation 
for Traffic Safety, 67 percent of drivers self-reported using a 
cell phone while driving, and 21 percent self-reported that 
they send and receive text messages while driving.

DISTRACTED DRIVING DATA

  As cell phone use increased dramatically during the past 
decade, NHTSA researchers began looking into the safety risks 
of cell phone use by drivers. The NHTSA staff collected and 
summarized more than 100 private, university, and foreign 
clinical studies examining driver attention span, the effect of 
telephone conversations on a driver's cognitive abilities, and 
driver reaction times when distracted. Looking at its own 
limited crash data at the time, NHTSA researchers estimated 
that in 2002, cell phone use was a contributing factor in 
crashes that killed an estimated 508 to 1,248 people. An exact 
figure was impossible to determine due to the lack of 
definitive data.
  U.S. Department of Transportation (DOT) Secretary Ray LaHood 
and NHTSA have focused considerable time and attention on 
distracted driving research and awareness. At the DOT's 
Distracted Driving Conference on September 30 and October 1, 
2009, NHTSA released a compilation of safety statistics related 
to cell phone use and texting in passenger cars.\1\ The data 
was drawn from NHTSA's Fatality Analysis Reporting System 
(FARS) and the National Automotive Sampling System's General 
Estimates System (NASS GES). The FARS annually collects 
fatality crash data from the States. The NASS GES is a 
nationally representative sample of police-reported crashes 
across a range of causes and accident severity.
---------------------------------------------------------------------------
    \1\The entire report is available at www.nhtsa.gov.
---------------------------------------------------------------------------
  According to NHTSA, in 2008, 2.3 million people were injured 
in motor vehicle traffic crashes. Of these, 37,261 people were 
killed. Driver distraction played a role in 515,000 vehicle 
injuries, or 22 percent of all injuries, and played a role in 
5,870 fatalities, or 16 percent of all vehicle fatalities. 
Drivers under 20 years of age accounted for the greatest 
proportion of distracted driving fatalities.
  NHTSA conducts an annual survey of seat belt use in each 
State, referred to as the National Occupant Protection Use 
Survey. The survey recently began recording information on the 
use of electronic devices while driving. In 2008, the survey 
results show that 11 percent of drivers at any given daylight 
hour were using an electronic device, whether hand-held or 
hands-free. The same survey results show that 6 percent of 
drivers at any given daylight hour, or 812,000 drivers, were 
holding a cell phone to their ears. That usage rate was a 
reduction from 2007, when the survey results show that more 
than one million drivers held a cell phone to their ears at any 
given daylight hour. The decrease, however, may be the result 
of more drivers using hands-free devices.
  NHTSA's Motor Vehicle Occupant Safety Survey (MVOSS) is a 
periodic telephone survey to obtain data on attitudes, 
knowledge, and behavior on seat belt use, child safety, and 
other aspects of occupant protection. In 2007, the survey 
showed that 81 percent of drivers have a wireless phone with 
them when they drive.\2\ Of those that have a wireless phone in 
the vehicle, 64 percent of respondents said they always or 
usually answer incoming phone calls and 16 percent said they 
talk while driving during most or all of their trips.\3\ Only 
10 percent said they never make a phone call while in the 
car.\4\
---------------------------------------------------------------------------
    \2\See NHTSA 2007 Motor Vehicle Occupant Safety Survey, Volume 4: 
Crash Injury and Emergency Medical Services Report at 20.
    \3\Id. at 23-4.
    \4\Id. at 29.
---------------------------------------------------------------------------
  Prior to NHTSA's compilation of the above statistics, several 
news reports about distracted driving cited studies that mostly 
consisted of artificial environments, such as driving 
simulators in university labs, or placing cameras inside a 
limited number of passenger cars or trucks to record driver 
behavior. The most frequently cited study (funded by NHTSA and 
the Federal Motor Carrier Safety Administration (FMCSA), and 
performed by Virginia Tech's Transportation Institute) 
installed video and other recording equipment in 100 passenger 
vehicles and recorded driver behavior during a one-year 
period.\5\ The researchers also tracked drivers in 100 
commercial vehicles for a period of 18 months. NHTSA warned 
that the ``findings of the 100-car study cannot be generalized 
to represent the behavior of the Nation's population or the 
potential causal factors for the crashes that occur across the 
Nation's roadways.''\6\ Texting was studied only for commercial 
drivers, but not passenger car drivers.
---------------------------------------------------------------------------
    \5\See The 100-Car Naturalistic Driving Study Phase II--Results of 
the 100-Car Field Experiment. April 2006. Accesssible at http://
www.nhtsa.gov/DOT/NHTSA/NRD/Multimedia/PDFs/Crash%20Avoidance/
Driver%20Distraction/100CarMain.pdf.
    \6\National Highway Traffic Safety Administration. Traffic Safety 
Facts Research Note: An Examination of Driver Distraction as Recorded 
in NHTSA Databanks, at 6. September 2009.
---------------------------------------------------------------------------
  The Virginia Tech study concluded that:
           Drivers of passenger vehicles are
                   2.8 times more likely to be in a 
                crash when dialing a cell phone;
                   1.3 times more likely to be in a 
                crash when talking or listening on a cell 
                phone; and
                   1.4 times more likely to be in a 
                crash when reaching for an object.
           Drivers of heavy vehicles and trucks are
                   5.9 times more likely to be in a 
                crash when dialing a cell phone;
                   1.0 times more likely to be in a 
                crash when talking or listening on a cell 
                phone;
                   6.7 times more likely to be in a 
                crash when using or reaching for an electronic 
                device; and
                   23.2 times more likely to be in a 
                crash when text messaging. Text messaging risk 
                is high because that distraction had the 
                longest duration of a driver's eyes leaving 
                sight of the road.
           Drivers' eyes diverted during text messaging 
        for an average of 4.6 seconds over a 6 second interval. 
        A driver traveling 55 miles per hour would cover the 
        length of a football field by the time he or she looked 
        up after 4.6 seconds.\7\
---------------------------------------------------------------------------
    \7\See Virginia Tech Transportation Institute, ``New Data from VTTI 
Provides Insight Into Cell Phone Use and Driving Distraction,'' July 
27, 2009.
---------------------------------------------------------------------------
  This driving data comes against the backdrop of the overall 
surge in cell phone subscriptions and cell phone use. In 2008, 
there were 270 million wireless subscribers in the U.S.\8\ From 
1995 to 2008, the number of wireless subscribers increased by 8 
times, and the number of minutes talked increased by 58 times. 
In 2008, wireless consumers used 2.2 trillion minutes and sent 
and received 110 billion text messages each month.\9\
---------------------------------------------------------------------------
    \8\See Federal Communications Commission, Annual Report and 
Analysis of Competitive Market Conditions with Respect to Mobile 
Wireless, Including Commercial Mobile Services, Fourteenth Report. May 
20, 2010.
    \9\ Id.
---------------------------------------------------------------------------

FEDERAL AND STATE ROLES

  Driver licensing, rules of the road, and traffic enforcement 
are generally a State responsibility. However, the Federal 
government, through FMCSA, regulates motor carrier and 
motorcoach safety, and certain aspects of school bus safety. 
NHTSA regulates the safety of vehicles, and conducts a number 
of programs, including incentive-based programs with the 
States, to encourage safer driver behavior.

STATE LAWS ON DISTRACTED DRIVING

  There are great variations among State distracted driving 
laws, including what constitutes a violation, and the penalties 
for a violation. Some States make the law a ``secondary'' 
offense, meaning that a law enforcement officer must have a 
separate enforcement reason (e.g., speeding) other than the 
cell phone or texting violation to pull over a driver.
  Currently, no State has banned all use of cell phones while 
driving. 7 states (California, Connecticut, Delaware, New 
Jersey, Oregon, Utah (2nd),\10\ Washington (2nd)) and the 
District of Columbia have banned the use of a hand-held phone 
while driving. Texas has banned the use of a hand-held phone in 
school crossing zones and Illinois has banned the use of a 
hand-held phone in construction and school zones. Texting while 
driving has been targeted by a majority of the States as well. 
As of this writing, 30 States and the District of Columbia ban 
all drivers from texting.\11\
---------------------------------------------------------------------------
    \10\``2nd'' denotes the restriction to be a ``secondary'' offense 
under the State law.
    \11\Alaska, Arkansas, California, Colorado, Connecticut, Delaware, 
Georgia, Illinois, Iowa (2nd for adult; primary for teens), Kentucky, 
Louisiana (2nd), Maryland, Michigan, Minnesota, Nebraska (2nd), New 
Hampshire, New Jersey, New York (2nd), North Carolina, Oregon, Rhode 
Island, Tennessee, Utah, Virginia (2nd), Washington, Wisconsin, and 
Wyoming.
---------------------------------------------------------------------------
  A number of States have placed greater restrictions on teen 
drivers. 25 States and the District of Columbia ban teen 
drivers from talking on all cell phones.\12\ Also, a number of 
States with no general prohibition on texting prohibit such 
behavior for teen drivers.\13\
---------------------------------------------------------------------------
    \12\Arkansas, California, Colorado, Connecticut, Delaware, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana (2nd), Maine, 
Maryland (2nd), Massachusetts, Minnesota, Nebraska (2nd), New Jersey, 
North Carolina, Oregon, Rhode Island, Tennessee, Texas (intermediate 
license holders only), Virginia (2nd), Washington, and West Virginia.
    \13\Alabama, Indiana, Kansas, Maine, Mississippi, Montana, Nebraska 
(2nd), Texas, and West Virginia.
---------------------------------------------------------------------------
  Maine takes a broad view of distracted driving. Maine's 
distracted driving law defines ``operation of a motor vehicle 
while distracted'' as an activity that is not necessary for the 
operation of the vehicle, and that actually impairs, or would 
reasonably be expected to impair, the ability of the driver to 
safely operate the vehicle.

FEDERAL LAW ON DISTRACTED DRIVING FOR COMMERCIAL VEHICLES

  Unlike most passenger vehicle drivers, commercial motor 
vehicles often serve as office space for their drivers. Devices 
to receive directions, follow-up on orders, or maintain contact 
with dispatchers are necessary for a truck or bus driver to 
perform his or her duties. These devices, too, may be 
distracting if they divert a driver's attention away from the 
roadway.
  In 2006, the National Transportation Safety Board (NTSB) 
recommended that the FMCSA publish regulations prohibiting cell 
phone use by commercial driver's license (CDL) holders with 
passenger or school bus endorsements while operating a 
motorcoach or bus, except in emergency situations. This 
recommendation followed an NTSB investigation of a 2004 bus 
accident in Alexandria, Virginia, that injured 11 of the 27 
passengers. The NTSB found that the probable cause of the 
accident was the bus driver's failure to notice and respond to 
warning signs due to cognitive distraction resulting from 
conversing on a hands-free cellular telephone while driving. 
The NTSB has since added this recommendation to its ``Most 
Wanted'' list of transportation safety improvements.
  On January 27, 2010, Secretary LaHood issued guidance for 
commercial motor vehicle drivers regarding an existing motor 
carrier safety rule to make clear that texting while driving is 
prohibited. On April 1, 2010, the Secretary formally proposed a 
rule to directly prohibit texting by commercial motor vehicle 
drivers operating in interstate commerce, and to impose 
sanctions and penalties for violations. The proposed rule would 
also revoke the CDL of any school bus driver convicted of 
texting while driving a school bus. Comments were due on May 3, 
2010.
  Although the FMCSA has not yet issued a final rule regarding 
distracted drivers for CDL holders, commercial motor vehicle 
drivers are covered by most State laws that have banned hand-
held phone use and texting while driving for all drivers. Many 
States have exceptions for emergencies and emergency workers. 
Illinois and Oregon reference commercial motor vehicle drivers 
in their exceptions. In Illinois, a commercial motor vehicle 
driver is permitted to read a message displayed on a 
permanently installed communications device that does not 
exceed 10 square inches. Oregon permits hand-held cell phone 
use while driving if the person is operating within the scope 
of the person's employment and if the operation of the motor 
vehicle is necessary for the person's job.

ROLE FOR THE FEDERAL COMMUNICATIONS COMMISSION

  The Federal Communications Commission (FCC) is an independent 
United States government agency established by the 
Communications Act of 1934 (Communications Act). The agency is 
charged with regulating interstate and international 
communications by radio, television, wire, satellite, and 
cable. Title III of the Communications Act provides the FCC 
with authority to regulate ``radio communications,'' or 
wireless spectrum and services. In practice, that means the 
agency oversees a wide variety of issues that affect the 
consumer wireless experience and access to spectrum for 
commercial wireless providers.
  As wireless phones and mobile devices have surged in 
popularity in recent years, the FCC's focus on wireless issues 
has increased. To date, however, the agency has not used its 
regulatory authority to address distracted driving. While there 
are limits to the FCC's jurisdiction in this area, the agency 
can use its authority to work with technology companies to 
promote solutions. For example, some have proposed technology 
that would disable certain cell phone functions when inside a 
car, or send automated responses to callers that the owner of 
the phone is driving, and thus cannot answer the phone. The FCC 
may be a natural forum to promote such technological solutions. 
The FCC can play an important role in determining the technical 
feasibility and potential issues with proposed devices for 
jamming cell phone signals in vehicles to stop distracted 
driving.
  The wireless phone industry has recognized that it is in its 
best interest to address distracted driving. To this end, 
CTIA--The Wireless Association has begun a campaign with the 
National Safety Council to educate teenagers about the dangers 
of texting while driving. This campaign includes a website, 
educational materials, and a public service announcement for 
television.

THE FEDERAL ROLE IN TRAFFIC SAFETY

  When traffic safety issues of national importance arise, the 
Federal government has used Federal funding incentives and 
penalties to influence States. Highway safety programs under 
the jurisdiction of the Senate Commerce Committee use 
incentives to affect highway safety behaviors and practices. 
During past multi-year reauthorizations of the transportation 
bill, the Commerce Committee has created grant programs that 
give funding incentives to States to enact highway safety laws 
and programs. Under the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act--A Legacy For Users, or ``SAFETEA-
LU'' (P.L. 109-59), the last multi-year reauthorization that 
passed in 2005, the Commerce Committee authorized grant 
programs that send roughly $500 million a year to States for 
highway safety programs and funding incentives to enact safety 
belt and drunk driving laws.
  S. 1938 uses this approach to encourage States to 
aggressively address the deaths and injuries caused by 
distracted driving.

                         Summary of Provisions

  The Distracted Driving Prevention Act would create a new 
program to make grants to States as an incentive to pass laws 
against distracted driving. The program is modeled after 
similar incentive-based programs that have granted States money 
to fight drunk driving and encourage safety belt use.
  To qualify for a grant, a State must adopt a law or amend an 
existing law to meet certain minimum criteria. Specifically, 
the State must enact a ban on all texting while driving, 
require drivers using a cell phone to use a hands-free device, 
and prohibit drivers under the age of 18 from using any cell 
phone device while driving. The State must make a violation of 
the statute a primary offense and enact an unspecified minimum 
penalty for a violation. The State must also enact increased 
civil and criminal penalties for a driver who causes an 
accident while texting or using a cell phone. The State grants 
for distracted driving would be funded with existing surpluses 
in the primary safety belt incentive program.
  The bill would also create and fund a national education and 
advertising program to educate the public about the dangers of 
distracted driving. The campaigns within these programs are 
meant to be comprehensive and include more than just direct 
appeals to drivers not to use a cell phone or text while 
driving. Part of the reason drivers make calls and send texts 
while driving is that employers, friends, and family members 
pressure drivers for immediate responses in non-emergency 
situations.
  The Secretary of Transportation would be required to 
prescribe regulations on the use of electronic or wireless 
devices, including cell phones and other distracting devices, 
by commercial motor vehicle and school bus drivers during the 
performance of their duties. The regulations would cover 
commercial motor vehicles, with gross vehicle weight greater 
than 10,000 pounds, buses with more than 16 passengers 
(including the driver), vehicles used to transport hazardous 
materials in a quantity that requires placarding, and certain 
school buses. In recognition of the fact that motor carriers 
and commercial motor vehicle drivers rely on a variety of 
devices to run their businesses and operations, the Committee's 
direction allows the Secretary flexibility regarding the 
regulations to be issued. However, the Committee expects the 
Secretary to base the regulations on a robust analysis of 
safety data and research, and ensure the safety of motor 
vehicle drivers, passengers, and other users of our roads and 
highways.
  To improve safety research, the bill would direct DOT to 
study distracted driving by passenger and commercial drivers, 
and direct the FCC to identify technologies with the potential 
to reduce the dangers of distracted driving. The bill would 
also require States to collect data on distracted driving 
accidents as part of the crash data they already collect.
  To reduce distractions in new vehicles, the Secretary of 
Transportation would be required to issue regulations that 
prohibit screens for visual entertainment in new vehicles that 
are in the driver's view. Exceptions would be made for images 
related to vehicle operation, communications systems, and 
navigation systems.
  S. 1938 would not increase the budget deficit. The grant 
program in section 2, and the national advertising campaign in 
section 3, are paid for by redirecting unused surpluses from 
the SAFETEA-LU grants for States that enact a new primary 
safety belt law. The number of States enacting a new primary 
safety belt law has slowed in recent years, leaving only a few 
eligible States.
  Any State that enacts a new primary safety belt law in 2010 
and 2011 would still receive their safety belt grant from the 
pool of $124 million. But funding not claimed for new primary 
safety belt laws would be redirected to the distracted driving 
grant program. The first $7.5 million through the first fiscal 
quarter of FY 2011 would be directed to the national 
advertising campaign in section 3. Funding for section 3 is 
expected to be annualized at $30 million, which Congress 
reauthorizes or extends through the highway and transit 
program, which currently expires on December 31, 2010. The 
remaining funds--approximately $94 million dollars--would be 
divided by existing safety funding formulas among States with a 
qualifying distracted driving law under section 2. Any 
surpluses from the safety belt program in fiscal year 2010 
would be rolled over into the same account in fiscal year 2011 
to add to the pool of funds for States that qualify for a 
distracted driving grant in fiscal year 2011.

                          Legislative History

  The Distracted Driving Prevention Act of 2009, S. 1938, was 
introduced on October 27, 2009, by Chairman Rockefeller, 
Ranking Member Hutchison, and Senators Lautenberg, Thune, 
Klobuchar and Schumer, and referred to the Committee on 
Commerce, Science and Transportation. The bill has five 
additional co-sponsors: Senators Casey, Nelson of Florida, 
Udall of New Mexico, Vitter, and Warner. On October 28, 2009, 
the Committee held a hearing on distracted driving. The 
witnesses were Secretary of Transportation Ray LaHood and FCC 
Chairman Julius Genachowski. The Committee considered S. 1938 
in Executive Session on June 9, 2010, at which time a 
substitute amendment was offered. The Committee favorably 
reported the bill, as amended, by a roll call vote of 17 yeas 
and 8 nays.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                     July 15, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1938, the Distracted 
Driving Prevention Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Sarah Puro 
(for federal costs) and Samuel Wice (for the impact on the 
private sector).
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1938--Distracted Driving Prevention Act of 2010

    Summary: S. 1938 would authorize the National Highway 
Transportation Safety Administration (NHTSA) to use previously 
appropriated contract authority (the authority to incur 
obligations in advance of appropriations and a mandatory form 
of budget authority) for activities related to preventing 
distracted driving (such as using a cell phone while driving) 
in fiscal year 2011. CBO estimates that enacting the 
legislation would have no significant impact on the federal 
budget.
    Enacting S. 1938 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures would not apply.
    S. 1938 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). Any costs to state, 
local, or tribal governments would result from complying with 
conditions of assistance.
    The bill would impose private-sector mandates as defined in 
UMRA on commercial drivers and on the manufacturers and owners 
of motor vehicles. Because the cost of the requirements on 
commercial drivers would depend upon future regulations, CBO 
cannot estimate whether the aggregate cost of the mandates 
would exceed the annual threshold established in UMRA for the 
private sector ($141 million in 2010, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: S. 1938 would 
authorize NHTSA to use $7.5 million of previously appropriated 
contract authority during the first quarter of fiscal year 2011 
for activities related to preventing distracted driving. Those 
activities include providing grants to states and conducting 
educational outreach and research.
    CBO assumes that use of the contract authority would 
continue to be controlled by obligations on limitations 
contained in appropriation acts. CBO expects that the rate of 
expenditures for activities to prevent distracted driving would 
be similar to spending that would otherwise occur; therefore, 
enacting the bill would have no significant impact on the 
federal budget.
    Estimated impact on State, local, and tribal governments: 
S. 1938 contains no intergovernmental mandates as defined in 
UMRA. Any costs to State, local, or tribal governments would 
result from complying with conditions of assistance.
    Estimated impact on the private sector: The bill would 
impose private-sector mandates as defined in UMRA on commercial 
drivers and on the manufacturers and owners of motor vehicles. 
Because the cost of the requirements on commercial drivers 
would depend upon future rules and regulation, CBO cannot 
estimate whether the aggregate cost of the mandates on private-
sector entities would exceed the annual threshold established 
in UMRA for such mandates ($141 million in 2010, adjusted 
annually for inflation).

Commercial motor vehicles and school buses

    The bill would prohibit drivers of commercial vehicles and 
school buses from using electronic or wireless devices in 
circumstances where such use interferes with their safe 
operation of the vehicles. The cost of the mandate would be any 
income forgone by those commercial drivers, typically truck 
drivers, whose income depends on the distance driven. That cost 
would depend on the specific regulations the Federal Motor 
Carrier Safety Administration (FMCSA) imposes. According to 
FMCSA, there are seven million commercial drivers, and the 
average full-time driver of a truck makes slightly less than 
$20 an hour.

Prohibition on electronic visual entertainment in driver's view

    S. 1938 would direct the Department of Transportation to 
establish a new standard that would prohibit electronic screens 
from displaying broadcast television, movies, video games, and 
other visual entertainment that is visible to the driver while 
driving. According to information from industry sources, no 
vehicle manufacturers offer or plan to offer in the future 
devices providing entertainment in the driver's view while 
driving. Thus, CBO estimates that the cost of the mandate would 
be minimal if any.
    Similarly, vehicle owners would be prohibited from adding 
after-market devices providing such entertainment in the 
driver's view. The cost of the mandate would be minimal.
    Estimate prepared by: Federal Costs: Sarah Puro; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Samuel Wice.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The majority of the bill focuses on Federal and State 
government initiatives. State distracted driving laws would 
apply to an estimated population of 208 million licensed 
drivers. Section 8 would apply to commercial motor vehicle 
drivers, estimated at 3.4 million persons, although that number 
can fluctuate based on economic conditions. Section 10 would 
require the Secretary to issue new regulations that would 
prohibit auto manufacturers from installing entertainment 
screens in new cars that are in the view of the driver while 
driving.

                            ECONOMIC IMPACT

  S. 1938 would not increase the budget deficit because it 
would redirect existing highway trust fund money already 
allocated to the primary safety belt program. Minimal 
regulatory costs of prohibiting commercial vehicle drivers from 
using distracting electronic devices and prohibiting 
entertainment screens in new cars from the view of drivers 
would be be more than offset by the economic cost savings of 
reducing traffic accidents that cause property damage, serious 
injuries, and death.

                                PRIVACY

  This bill would not have any adverse impact on the privacy of 
individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens resulting from this legislation.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title and table of contents

  The section would provide that S. 1938 may be cited as 
Distracted Driving Prevention Act of 2010.

Section 2. Distracted driving incentive grants

  The section would amend chapter 4 of title 23, United States 
Code, by adding a new section 413 entitled ``Distracted driving 
incentive grants.'' Subsection 413(a) would direct the 
Secretary of Transportation to create a new program to make 
grants to States that enact and implement a statute that meets 
the requirements set forth in subsections 413(b) and (c). 
Specifically, a State statute would meet the requirements of 
subsections 413(b) and (c) if it prohibits the use of a 
wireless communications device for texting while driving; 
prohibits a driver from holding a wireless communications 
device to make a call while driving; requires distracted 
driving issues to be tested as part of the State driver's 
license examination; makes a violation a primary offence; 
creates a minimum fine for a first-time violation of the 
statute; imposes increased penalties for repeat violations; and 
provides increased civil and criminal penalties for a driver 
that causes an accident while using a device in violation of 
the statute.
  A State statute meeting the requirements of the section would 
be permitted under section 413(d) to provide exceptions for a 
driver contacting emergency services; the use of hands-free 
devices for drivers 18 or older; manipulation of a device to 
use the hands-free functionality; use of a wireless 
communications device by emergency services in the performance 
of their duties; and use of a device by commercial motor 
vehicle drivers, if such use is permitted under the regulations 
promulgated pursuant to section 31152 of title 49.
  Subsection 413(e) would require the Secretary to make a grant 
to a State beginning in fiscal year 2011 that enacts a 
qualifying law before July 1 or maintains a qualifying statute 
enacted in the previous year that is in effect through the end 
of June of the grant year. Under subsection 413(f), grants 
would be apportioned among qualifying States according to the 
same formula as safety belt and drunk driving grant programs.
  Subsection 413(g) would direct a State receiving a grant to 
use at least 50 percent of funds to educate the public and 
advertise information about the dangers of texting or using a 
cellphone while driving; for traffic signs notifying the public 
of distracted driving laws; for enforcement of the distracted 
driving law; or for a combination of such efforts. Up to 50 
percent of the grant money could be devoted to other projects 
that improve traffic safety.
  Subsection 413(h) sets forth the definition of several terms 
used in the section.

Section 3. Distracted driving national education program

  The section would require NHTSA to establish and administer 
two nationwide, high-visibility education and advertising 
campaigns to educate drivers about the dangers of texting and 
cellphone use while driving. In addition to the national 
campaigns, the section would allow NHTSA to use funds for 
targeted advertising campaigns in States or local jurisdictions 
that have enacted distracted driving laws and would require 
NHTSA to give consideration to advertising directed at non-
English speaking populations. Subsection 3(d) would allow NHTSA 
to coordinate with States to carry out the educational and 
advertising campaigns under this section to coincide with high-
visibility enforcement of State laws prohibiting texting or use 
of a cellphone while driving. Subsection 3(e) would require 
NHTSA to evaluate the effectiveness of the campaigns each year 
and report the results to Congress.

Section 4. Research and data collection

  The section would amend section 408(e)(2) of title 23, United 
States Code, to revise the data elements regarding vehicle 
crash causation collected by States that receive certain grants 
from NHTSA. New subsection 408(e)(2)(A) would add data 
elements, as determined appropriate by the Secretary, in 
consultation with the States and law enforcement, on the impact 
on traffic safety of the use of electronic devices while 
driving.
  In meeting the requirements of subparagraph (A), subsection 
408(e)(2)(B) would require that States and local governments to 
include a space in official vehicle accident investigation 
reports to record whether a wireless communications device was 
in use at the time of an accident; require that all law 
enforcement officers inquire about and record the use of such 
device; and incorporate the information into its traffic safety 
information system.
  The section would apply to grants under section 408 of title 
23, United States Code, for fiscal years beginning after fiscal 
year 2010.

Section 5. Research program

  The section would require the Secretary of Transportation to 
establish a dedicated program at the Federal level to study 
distracted driving by passenger and commercial drivers. The 
program would include studies of driver behavior, vehicle 
technology, and portable electronic devices that are commonly 
brought into passenger or commercial vehicles. The section 
would allow the Secretary to grant research contracts to 
nongovernmental entities provided that the entities do not 
produce or sell passenger or commercial vehicles, electronic 
equipment used in vehicles, or portable electronic equipment 
commonly brought into vehicles.

Section 6. FCC Report on distracted driving technology

  The section would require the FCC within 180 days after the 
date of enactment to submit a report identifying data the FCC 
can collect to help understand the problem of distracted 
driving; existing and developing technologies with potential to 
reduce the dangers of distracted driving; and existing FCC 
authority to take the initiative to reduce the dangers of 
distracted driving.

Section 7. Provision of information to the states

  The section would provide a limited exception to the 
prohibition on NHTSA from conveying safety information to 
States unless specifically requested to do so by a State 
entity. NHTSA would be permitted to provide government-
sponsored research and highway safety data or technical 
assistance relating to legislative proposals addressing the 
potential dangers of texting and cell phone use.

Section 8. Commercial motor vehicles and school buses

  The section would amend subchapter II of chapter 311 of title 
49, United States Code, by adding a new section 31152. Within 
one year of the date of enactment, the Secretary would be 
required to prescribe regulations on the use of electronic or 
wireless devices--including cell phones and other distracting 
devices--by commercial motor vehicle and school bus drivers 
during the performance of their duties. The regulations would 
cover commercial motor vehicles, including large trucks (gross 
vehicle weight greater than 10,000 pounds), buses with more 
than 16 passengers (including the driver), vehicles used to 
transport hazardous materials in a quantity that requires 
placarding, and certain school buses. The section would require 
the Secretary to prohibit the use of such devices in 
circumstances in which the Secretary determines that their use 
would interfere with the safe operation of the vehicle. The 
Secretary would be allowed to permit the use of wireless and 
electronic devices that would otherwise be prohibited, if the 
Secretary determines that they are necessary for the safety of 
the driver or the public in emergency circumstances.

Section 9. Funding

  The section would amend section 2001(a)(4) of Public Law 109-
59 to fund the State grant program and the national advertising 
campaign, by redirecting unused surpluses from the SAFETEA-LU 
grants for States to enact a new primary safety belt law. The 
section would designate $7.5 million for carrying out the 
national advertising campaign established for the first quarter 
of FY 2010 in section 3. Unallocated funds available for grants 
for States to enact a new primary safety belt law would be 
carried over to the next year for use under section 406 and 413 
(the distracted driving incentive grants).

Section 10. Prohibition on electronic visual entertainment

  The section would require the Secretary of Transportation to 
issue regulations, within two years after the date of 
enactment, that prohibit electronic screens in cars from 
displaying visual entertainment that is visible to the driver 
while driving. The section would require that the regulation 
allow electronic screens that display information or images 
regarding vehicle operation, vehicle surroundings, 
communications systems, and navigation systems. The section 
also provides that, if the Secretary determines a deadline for 
a final rule cannot be met, the Secretary shall notify Congress 
and establish a new deadline for that rule.

                      Rollcall Votes in Committee

  In executive session on June 9, 2010, Senator Rockefeller 
offered an amendment in the nature of a substitute to S. 1938. 
Senator Wicker then requested a rollcall vote on the bill, as 
amended. The Committee favorably reported S. 1938 by a vote of 
17 ayes and 8 nays.
        YEAS--17                      NAYS--8
Mr. Inouye\1\                       Ms. Snowe
Mr. Kerry                           Mr. Ensign\1\
Mr. Dorgan                          Mr. DeMint
Mrs. Boxer\1\                       Mr. Wicker
Mr. Nelson                          Mr. LeMieux
Ms. Cantwell                        Mr. Isakson
Mr. Lautenberg                      Mr. Brownback\1\
Mr. Pryor                           Mr. Johanns
Mrs. McCaskill
Ms. Klobuchar
Mr. Udall
Mr. Warner
Mr. Begich
Mrs. Hutchison
Mr. Thune
Mr. Vitter\1\
Mr. Rockefeller

    \1\By proxy.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                           UNITED STATES CODE

                           TITLE 23. HIGHWAYS

                       CHAPTER 4. HIGHWAY SAFETY

 406. Safety belt performance grants

  (a) In General.--The Secretary shall make grants to States in 
accordance with the provisions of this section to encourage the 
enactment and enforcement of laws requiring the use of safety 
belts in passenger motor vehicles.
  (b) Grants for Enacting Primary Safety Belt Use Laws.--
          (1) In general.--The Secretary shall make a single 
        grant to each State that either--
                  (A) enacts for the first time after December 
                31, 2002, and has in effect and is enforcing a 
                conforming primary safety belt use law for all 
                passenger motor vehicles; or
                  (B) in the case of a State that does not have 
                such a primary safety belt use law, has after 
                December 31, 2005, a State safety belt use rate 
                of 85 percent or more for each of the 2 
                calendar years immediately preceding the fiscal 
                year of a grant, as measured under criteria 
                determined by the Secretary.
          (2) Amount.--The amount of a grant available to a 
        State in fiscal year 2006 or in a subsequent fiscal 
        year under paragraph (1) shall equal 475 percent of the 
        amount apportioned to the State under section 402(c) 
        for fiscal year 2003.
          (3) July 1 cut-off.--For the purpose of determining 
        the eligibility of a State for a grant under paragraph 
        (1)(A), a conforming primary safety belt use law 
        enacted after June 30th of any year shall--
                  (A) not be considered to have been enacted in 
                the Federal fiscal year in which that June 30th 
                falls; but
                  (B) be considered as if it were enacted after 
                October 1 of the next Federal fiscal year.
          (4) Shortfall.--If the total amount of grants 
        provided for by this subsection for a fiscal year 
        exceeds the amount of funds available for such grants 
        for that fiscal year, the Secretary shall make grants 
        under this subsection to States in the order in which--
                  (A) the conforming primary safety belt use 
                law came into effect; or
                  (B) the State's safety belt use rate was 85 
                percent or more for 2 consecutive calendar 
                years (as measured under by criteria determined 
                by the Secretary), whichever first occurs.
          (5) Catch-up grants.--The Secretary shall make a 
        grant to any State eligible for a grant under this 
        subsection that did not receive a grant for a fiscal 
        year because of the application of paragraph (4), in 
        the next fiscal year if the State's conforming primary 
        safety belt use law remains in effect or its safety 
        belt use rate is 85 percent or more for the 2 
        consecutive calendar years preceding such next fiscal 
        year (subject to the condition in paragraph (4)).
  [(c) Grants for pre-2003 Laws.--
          [(1) In general.----To the extent that amounts made 
        available for grants under this section for any of 
        fiscal years 2006 through 2009 exceed the total amount 
        of grants to be awarded under subsection (b) for the 
        fiscal year, including amounts to be awarded for catch-
        up grants under subsection (b)(5), the Secretary shall 
        make a single grant to each State that enacted, has in 
        effect, and is enforcing a conforming primary safety 
        belt use law for all passenger motor vehicles that was 
        in effect before January 1, 2003.
          [(2) Amount; installments.--The amount of a grant 
        available to a State under this subsection shall be 
        equal to 200 percent of the amount of funds apportioned 
        to the State under section 402(c) for fiscal year 2003. 
        The Secretary may award the grant in annual 
        installments.
  [(d) Allocation of Unallocated Funds.--
          [(1) Additional grants.--The Secretary shall make 
        additional grants under this section of any amounts 
        made available for grants under this section that, on 
        July 1, 2009, have not been allocated to States under 
        this section.
          [(2) Allocation.--The additional grants made under 
        this subsection shall be allocated among all States 
        that, as of that date, have enacted, have in effect, 
        and are enforcing conforming primary safety belt laws 
        for all passenger motor vehicles. The allocations shall 
        be made in accordance with the formula for apportioning 
        funds among the States under section 402(c).]
  (e) Use of Grant Funds.--
          (1) In general.--Subject to paragraph (2), a State 
        may use a grant under this section for any safety 
        purpose under this title or for any project that 
        corrects or improves a hazardous roadway location or 
        feature or proactively addresses highway safety 
        problems, including--
                  (A) intersection improvements;
                  (B) pavement and shoulder widening;
                  (C) installation of rumble strips and other 
                warning devices;
                  (D) improving skid resistance;
                  (E) improvements for pedestrian or bicyclist 
                safety;
                  (F) railway-highway crossing safety;
                  (G) traffic calming;
                  (H) the elimination of roadside obstacles;
                  (I) improving highway signage and pavement 
                marking;
                  (J) installing priority control systems for 
                emergency vehicles at signalized intersections;
                  (K) installing traffic control or warning 
                devices at locations with high accident 
                potential;
                  (L) safety-conscious planning; and
                  (M) improving crash data collection and 
                analysis.
          (2) Safety activity requirement.--Notwithstanding 
        paragraph (1), the Secretary shall ensure that at least 
        $1,000,000 of amounts received by States under this 
        section are obligated for safety activities under this 
        chapter.
          (3) Support activity.--The Secretary or his designee 
        may engage in activities with States and State 
        legislators to consider proposals related to safety 
        belt use laws.
  (f) Carry-forward of Excess Funds.--If the amount available 
for grants under this section for any fiscal year exceeds the 
sum of the grants made under this section for that fiscal year, 
the excess amount and obligational authority shall be carried 
forward and made available for grants under this section in the 
succeeding fiscal year.
  (g) Federal Share.--The Federal share payable for grants 
under this section shall be 100 percent.
  (h) Passenger Motor Vehicle Defined.--In this section, the 
term ``passenger motor vehicle'' means--
          (1) a passenger car;
          (2) a pickup truck; and
          (3) a van, minivan, or sport utility vehicle with a 
        gross vehicle weight rating of less than 10,000 pounds.

 408. State traffic safety information system improvements

  (a) Grant Authority.--Subject to the requirements of this 
section, the Secretary shall make grants to eligible States to 
support the development and implementation of effective 
programs by such States to--
          (1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the 
        safety data of the State that is needed to identify 
        priorities for national, State, and local highway and 
        traffic safety programs;
          (2) evaluate the effectiveness of efforts to make 
        such improvements;
          (3) link the State data systems, including traffic 
        records, with other data systems within the State, such 
        as systems that contain medical, roadway, and economic 
        data; and
          (4) improve the compatibility and interoperability of 
        the data systems of the State with national data 
        systems and data systems of other States and enhance 
        the ability of the Secretary to observe and analyze 
        national trends in crash occurrences, rates, outcomes, 
        and circumstances.
  (b) First-year Grants.--To be eligible for a first-year grant 
under this section in a fiscal year, a State shall demonstrate 
to the satisfaction of the Secretary that the State has--
          (1) established a highway safety data and traffic 
        records coordinating committee with a multidisciplinary 
        membership that includes, among others, managers, 
        collectors, and users of traffic records and public 
        health and injury control data systems; and
          (2) developed a multiyear highway safety data and 
        traffic records system strategic plan--
                  (A) that addresses existing deficiencies in 
                the State's highway safety data and traffic 
                records system;
                  (B) that is approved by the highway safety 
                data and traffic records coordinating 
                committee;
                  (C) that specifies how existing deficiencies 
                in the State's highway safety data and traffic 
                records system were identified;
                  (D) that prioritizes, on the basis of the 
                identified highway safety data and traffic 
                records system deficiencies of the State, the 
                highway safety data and traffic records system 
                needs and goals of the State, including the 
                activities under subsection (a);
                  (E) that identifies performance-based 
                measures by which progress toward those goals 
                will be determined; and
                  (F) that specifies how the grant funds and 
                any other funds of the State are to be used to 
                address needs and goals identified in the 
                multiyear plan.
  (c) Successive Year Grants.--A State shall be eligible for a 
grant under this subsection in a fiscal year succeeding the 
first fiscal year in which the State receives a grant under 
subsection (b) if the State--
          (1) certifies to the Secretary that an assessment or 
        audit of the State's highway safety data and traffic 
        records system has been conducted or updated within the 
        preceding 5 years;
          (2) certifies to the Secretary that its highway 
        safety data and traffic records coordinating committee 
        continues to operate and supports the multiyear plan;
          (3) specifies how the grant funds and any other funds 
        of the State are to be used to address needs and goals 
        identified in the multiyear plan;
          (4) demonstrates to the Secretary measurable progress 
        toward achieving the goals and objectives identified in 
        the multiyear plan; and
          (5) submits to the Secretary a current report on the 
        progress in implementing the multiyear plan.
  (d) Grant Amount.--Subject to subsection (e)(3), the amount 
of a year grant made to a State for a fiscal year under this 
section shall equal the higher of--
          (1) the amount determined by multiplying--
                  (A) the amount appropriated to carry out this 
                section for such fiscal year, by
                  (B) the ratio that the funds apportioned to 
                the State under section 402 for fiscal year 
                2003 bears to the funds apportioned to all 
                States under such section for fiscal year 2003; 
                or
          (2)(A) $300,000 in the case of the first fiscal year 
        a grant is made to a State under this section after the 
        date of enactment of this subparagraph; or
          (B) $500,000 in the case of a succeeding fiscal year 
        a grant is made to the State under this section after 
        such date of enactment.
  (e) Additional Requirements and Limitations.--
          (1) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, 
        shall determine the model data elements that are useful 
        for the observation and analysis of State and national 
        trends in occurrences, rates, outcomes, and 
        circumstances of motor vehicle traffic accidents. In 
        order to be eligible for a grant under this section, a 
        State shall submit to the Secretary a certification 
        that the State has adopted and uses such model data 
        elements, or a certification that the State will use 
        grant funds provided under this section toward adopting 
        and using the maximum number of such model data 
        elements as soon as practicable.
          [(2) Data on use of electronic devices.--The model 
        data elements required under paragraph (1) shall 
        include data elements, as determined appropriate by the 
        Secretary, in consultation with the States and 
        appropriate elements of the law enforcement community, 
        on the impact on traffic safety of the use of 
        electronic devices while driving.]
          (2) Data on use of electronic devices.--
                  (A) The model data elements required under 
                paragraph (1) shall include data elements, as 
                determined appropriate by the Secretary, in 
                consultation with the States and appropriate 
                elements of the law enforcement community, 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 
                        accident investigation reports include 
                        a designated space to record whether or 
                        not the 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 
                        investigation, inquire about and record 
                        the information required by clause (i); 
                        and
                          (iii) incorporate the information 
                        collected under clause (i) into its 
                        traffic safety information system.
          (3) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for highway safety data programs at or above 
        the average level of such expenditures maintained by 
        such State in the 2 fiscal years preceding the date of 
        enactment of the SAFETEA-LU.
          (4) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State 
        program described in subsection (a) may not exceed 80 
        percent.
          (5) Limitation on use of grant proceeds.--A State may 
        use the proceeds of a grant received under this section 
        only to implement the program described in subsection 
        (a) for which the grant is made.
  (f) Applicability of Chapter 1.--Section 402(d) of this title 
shall apply in the administration of this section.

 413. Distracted driving incentive grants

  (a) In General.--The Secretary shall make a grant under this 
section to any State that enacts and implements a statute that 
meets the requirements of subsections (b) and (c) of this 
section.
  (b) Prohibition on Texting While Driving.--A State statute 
meets the requirements of this subsection if the statute--
          (1) prohibits the use of a personal wireless 
        communications device by a driver for texting while 
        driving;
          (2) makes violation of the statute a primary offense;
          (3) establishes--
                  (A) a minimum fine for a first violation of 
                the statute; and
                  (B) increased fines for repeat violations; 
                and
          (4) provides increased civil and criminal penalties 
        than would otherwise apply if a vehicle accident is 
        caused by a driver who is using such a device in 
        violation of the statute.
  (c) Prohibition on Handheld Cellphone Use While Driving.--A 
State statute meets the requirements of this subsection if the 
statute--
          (1) prohibits a driver from holding a personal 
        wireless communications device to conduct a telephone 
        call while driving;
          (2) makes violation of the statute a primary offense;
          (3) requires distracted driving issues to be tested 
        as part of the State driver's license examination;
          (4) establishes--
                  (A) a minimum fine for a first violation of 
                the statute; and
                  (B) increased fines for repeat violations; 
                and
          (5) provides increased civil and criminal penalties 
        than would otherwise apply if a vehicle accident 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) allows the use of hands-free devices that enable 
        a driver, other than a driver who has not attained the 
        age of 18, to initiate, conduct, or receive a telephone 
        call without holding the device;
          (3) manipulation of such a device by a driver to 
        activate, deactivate, or initialize the hands-free 
        functionality of the device;
          (4) use of a personal wireless communications device 
        by emergency services personnel while operating an 
        emergency services vehicle and engaged in the 
        performance of their duties as emergency services 
        personnel; and
          (5) 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 
        employment 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 beginning fiscal year 2011 in 
which the State--
          (1) enacts a law that meets the requirements of 
        subsections (b) and (c) before July 1; or
          (2) maintains a statute, that meets the requirements 
        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).
  (h) Definitions.--In this section:
          (1) Driving.--The term ``driving'' means operating a 
        motor vehicle on a public road, including operation 
        while temporarily stationary because of traffic, a 
        traffic light or stop sign, or otherwise. It 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 initiate, 
        conduct, or receive a telephone call without holding 
        the personal wireless communications device.
          (3) Personal wireless communications device.--The 
        term ``personal wireless communications 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 receiver used for 
        positioning, emergency notification, or navigation 
        purposes.
          (4) Primary offense.--The term ``primary offense'' 
        means an offense for which a law enforcement officer 
        may stop a vehicle solely for the purpose 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 personal 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 communication.

                           UNITED STATES CODE

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

                           PART B--COMMERCIAL

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

 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 2010, the Secretary of 
Transportation shall prescribe regulations on the use of 
electronic or wireless devices, including cell phones and other 
distracting devices, by an individual employed as the operator 
of--
          (1) a commercial motor vehicle while that individual 
        is engaged in the performance of such individual'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 Secretary determines 
that their use interferes with the 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 determines that such use 
is necessary for the safety of the driver or the public in 
emergency circumstances.

       PUBLIC LAW 109-59: SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT 
             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
          (1) Highway safety programs.--For carrying out 
        section 402 of title 23, United States Code, 
        $163,680,000 for fiscal year 2005, $217,000,000 for 
        fiscal year 2006, $220,000,000 for fiscal year 2007, 
        $225,000,000 for fiscal year 2008, $235,000,000 for 
        fiscal year 2009, $235,000,000 for fiscal year 2010, 
        and $58,750,000 for the period beginning on October 1, 
        2010, and ending on December 31, 2010.
          (2) Highway safety research and development.--For 
        carrying out section 403 of title 23, United States 
        Code, $71,424,000 for fiscal year 2005, $110,000,000 
        for fiscal year 2006, $107,750,000 for fiscal year 
        2007, $107,750,000 for fiscal year 2008, $105,500,000 
        for fiscal year 2009, $107,329,000 for fiscal year 
        2010, and $27,061,000 for the period beginning on 
        October 1, 2010, and ending on December 31, 2010.
          (3) Occupant protection incentive grants.--For 
        carrying out section 405 of title 23, United States 
        Code, $19,840,000 for fiscal year 2005, $25,000,000 for 
        fiscal year 2006, $25,000,000 for fiscal year 2007, 
        $25,000,000 for fiscal year 2008, $25,000,000 for 
        fiscal year 2009, $25,000,000 for fiscal year 2010, and 
        $6,250,000 for the period beginning on October 1, 2010, 
        and ending on December 31, 2010.
          (4) Safety belt performance grants.--For carrying out 
        section 406 of title 23, United States Code, 
        $124,500,000 for fiscal year 2006, $124,500,000 for 
        fiscal year 2007, $124,500,000 for fiscal year 2008, 
        $124,500,000 for fiscal year 2009, $124,500,000 for 
        fiscal year 2010, and [$31,125,000] $23,625,000 for the 
        period beginning on October 1, 2010, and ending on 
        December 31, [2010.] 2010, of which $7,500,000 shall be 
        for carrying out section 3 of the Distracted Driving 
        Prevention Act of 2010. If any amount of the funds 
        authorized by this paragraph has not been allocated to 
        States meeting the criteria of section 406 of title 23, 
        United States Code, by July 1 of a fiscal year 
        beginning after fiscal year 2009, the unallocated 
        amount shall be allocated to States meeting the 
        criteria of section 413 of that title. Unallocated 
        amounts from sections 406 and 413 in a fiscal year 
        shall be carried over to the next fiscal year for use 
        under sections 406 and 413.
          (5) State traffic safety information system 
        improvements.--For carrying out section 408 of title 
        23, United States Code, $34,500,000 for fiscal year 
        2006, $34,500,000 for fiscal year 2007, $34,500,000 for 
        fiscal year 2008, $34,500,000 for fiscal year 2009, 
        $34,500,000 for fiscal year 2010, and $8,625,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010.
          (6) Alcohol-impaired driving countermeasures 
        incentive grant program.--For carrying out section 410 
        of title 23, United States Code, $39,680,000 for fiscal 
        year 2005, $120,000,000 for fiscal year 2006, 
        $125,000,000 for fiscal year 2007, $131,000,000 for 
        fiscal year 2008, and $139,000,000 for fiscal year 
        2009, $139,000,000 for fiscal year 2010, and 
        $34,750,000 for the period beginning on October 1, 
        2010, and ending on December 31, 2010.
          (7) National driver register.--For the National 
        Highway Traffic Safety Administration to carry out 
        chapter 303 of title 49, United States Code, $3,968,000 
        for fiscal year 2005, $4,000,000 for fiscal year 2006, 
        $4,000,000 for fiscal year 2007, $4,000,000 for fiscal 
        year 2008, $4,000,000 for fiscal year 2009, $4,078,000 
        for fiscal year 2010, and $1,029,000 for the period 
        beginning on October 1, 2010, and ending on December 
        31, 2010.
          (8) High visibility enforcement program.--For 
        carrying out section 2009 of this title $29,000,000 for 
        fiscal year 2006, $29,000,000 for fiscal year 2007, 
        $29,000,000 for fiscal year 2008, $29,000,000 for 
        fiscal year 2009, $29,000,000 for fiscal year 2010, and 
        $7,250,000 for the period beginning on October 1, 2010, 
        and ending on December 31, 2010.
          (9) Motorcyclist safety.--For carrying out section 
        2010 of this title $6,000,000 for fiscal year 2006, 
        $6,000,000 for fiscal year 2007, $6,000,000 for fiscal 
        year 2008, $7,000,000 for fiscal year 2009, $7,000,000 
        for fiscal year 2010, and $1,750,000 for the period 
        beginning on October 1, 2010, and ending on December 
        31, 2010.
          (10) Child safety and child booster seat safety 
        incentive grants.--For carrying out section 2011 of 
        this title $6,000,000 for fiscal year 2006, $6,000,000 
        for fiscal year 2007, $6,000,000 for fiscal year 2008, 
        $7,000,000 for fiscal year 2009, $7,000,000 for fiscal 
        year 2010, and $1,750,000 for the period beginning on 
        October 1, 2010, and ending on December 31, 2010.
          (11) Distracted driving program.--For carrying out 
        section 3 of the Distracted Driving Prevention Act of 
        2010, $7,500,000 for the period beginning on October 1, 
        2010, and ending on December 31, 2010.
          [(11)] (12) Administrative expenses.--For 
        administrative and related operating expenses of the 
        National Highway Traffic Safety Administration in 
        carrying out chapter 4 of title 23, United States Code, 
        and this title $17,500,000 for fiscal year 2006, 
        $17,750,000 for fiscal year 2007, $18,250,000 for 
        fiscal year 2008, and $18,500,000 for fiscal year 2009, 
        $25,047,000 for fiscal year 2010, and $6,332,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010.
  (b) Prohibition on Other Uses.--Except as otherwise provided 
in chapter 4 of title 23, United States Code, and this title, 
(including the amendments made by this title), the amounts made 
available from the Highway Trust Fund (other than the Mass 
Transit Account) for a program under such chapter shall only be 
used to carry out such program and may not be used by States or 
local governments for construction purposes.
  (c) Applicability of Title 23.--Except as otherwise provided 
in chapter 4 of title 23, United States Code, and this title, 
amounts made available under subsection (a) for each of fiscal 
years 2005 through 2011 shall be available for obligation in 
the same manner as if such funds were apportioned under chapter 
1 of title 23, United States Code.
  (d) Transfers.--In each fiscal year, the Secretary may 
transfer any amounts remaining available under paragraph (3), 
(5), or (6) of subsection (a) to the amounts made available 
under any other of such paragraphs in order to ensure, to the 
maximum extent possible, that each State receives the maximum 
incentive funding for which the State is eligible under 
sections 405, 408, and 410 of title 23, United States Code.
  (e) Clarifications.--The amounts made available by each of 
subsections (a)(1) through (a)(7) shall be less any amounts 
made available from the Highway Trust Fund (other than the Mass 
Transit Account) by laws enacted before the date of enactment 
of this Act for the respective programs referred to in each of 
such subsections for fiscal year 2005. Amounts authorized by 
such subsections are post-rescission and shall not be subject 
to any rescission after the date of enactment of this Act.