Distracted Driving Bills in the 111th Congress (2008 – 2010)
S. 1536 – The ALERT Drivers Act
It would instruct the Secretary of Transportation to withhold 25% of a state’s federal highway funding, if the state does not enact a texting ban. The ban would need to include writing, reading, or sending using a hand-held mobile telephone, except in an emergency situation. The law would also have to include minimum penalties. The bill defines mobile telephone to include other portable electronic devices. This law is modeled after the drinking age law, requiring states to imposed a drinking age of 21. (It was referred to the Senate Environment and Public Works Committee).
Sponsors & Co-Sponsors:
- Sen. Charles Schumer (Sponsor)
- Sen. Robert Casey
- Sen. Amy Klobuchar
- Sen. Mary Landrieu
- Sen. Frank Lautenberg
- Sen. Joseph Lieberman
- Sen. Robert Menendez
- Sen. John Rockefeller
- Sen. Mark Warner
S. 1938 – The Distracted Driving Prevention Act of 2009
S. 1938 provides grants to states that enact a distracted driving law. To qualify for the grant, the state law must include that distracted driving be a primary offense. The ban would need to include not only texting, but also holding a cell phone or other personal wireless communication device. The law would also have to include a complete ban of any mobile device, including hands free, for drivers under the age of 18. The bill would be budget neutral because it uses surplus money from other Transportation Grants. This bill is modeled after the child safety seat bills. Additionally, this bill has been referred to the Senate Commerce Committee, which is notable because Sens. Rockefeller and Hutchinson were the Chair and Ranking Member of the committee.
Sponsors & Co-Sponsors:
- Sen. John Rockefeller (Sponor)
- Sen. Robert Casey
- Sen. Kay Bailey Hutchinson
- Sen. Amy Klobuchar
- Sen. Frank Lautenberg
- Sen. Bill Nelson
- Sen. Charles Schumer
- Sen. John Thune
- Sen. David Vitter
- Sen. Mark Warner
HR 3535 – The ALERT Drivers Act
As this bill is the companion to S. 1536, it is identical to Schumer’s bill. It was referred to the House Committee on Transportation and Infrastructure. Congresswoman McCarthy testified about her bill before the Subcommittee on Highways and Transit, of the Transportation and Infrastructure committee on Oct 29, 2009.
Sponsors & Co-Sponsors:
- Rep. Carolyn McCarthy (Sponsor)
- Rep. John Adler
- Rep. Tim Bishop
- Rep. Steve Cohen
- Rep. Elijah Cummings
- Rep. Alan Grayson
- Rep. Nita Lowey
- Rep. Eric Massa
- Rep. Jarrold Nadler
- Rep. Todd Platts
- Rep. Janice Schakowski
- Rep. Betty Sutton
HR 3829 – The FOCUS Act of 2009
This bill would withhold 25% of federal highway funding from states, if they did not enact a ban on texting while driving. Additionally, the state bill would be required to ban the use of all communication devices for drivers under the age of 21 and hand held communication devices for drivers 21 or older. This bill was referred to the Committee on Transportation and Infrastructure.
- Rep. Bill Brady (Sponsor)
HR 3994 – The Distracted Driving Prevention Act of 2009
This bill is the companion bill to S 1938 and it is identical to S 1938. It was referred to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.
- Rep. Eliot Engel (Sponsor)
- Rep. Joseph Coa
- Rep. Betsy Markey
- Rep. Laura Richardson
- Rep. Jean Schmidt
HR 4153 – To amend title 23, United States Code, to establish national standards to prevent distracted driving, and for other purposes.
This bill would require a state to enact a law banning texting while driving or they would lose federal highway funding. This bill differs from other bills because it would withhold a smaller percentage of funding. Additionally the longer it took for the state to become complaint, a larger percentage of funding would be withheld. It would start at withholding 2% in FY 2012 to 8% in FY 2015 and thereafter. This bill was referred to the Committee on Transportation and Infrastructure.
Sponsors & Co-Sponsors:
- Rep. Todd Russell Platts (Sponsor)
- Rep. John Adler
- Rep. Joseph Coa
- Rep. Carolyn McCarthy
