Distracted Driving Prevention Act of 2013

Summary: Distracted Driving Prevention Act of 2013 - Requires the Secretary of Transportation (DOT) to withhold a certain percentage of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018, and each succeeding fiscal year, if the state has not enacted or is not enforcing a law that: (1) prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to text or call while driving; (2) allows the use of a hands-free device by a driver (other than a driver who is less than 18 years old) to call; (3) makes violation of the law a primary offense; (4) requires distracted driving issues to be tested as part of the state's driver's license examination; and (5) establishes certain minimum fines and increased civil and criminal penalties. Excludes from the meaning of personal wireless communications device a global navigation satellite system receiver used for positioning, emergency notification, or navigation (GPS). Declares that laws meet the requirements of this Act without regard to whether it provides exceptions for driver: (1) use of a cell phone in emergency situations, and (2) use of a cell phone to activate its hands-free capabilities. Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers.  Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Distracted Driving 
Prevention Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Distracted driving prevention.
Sec. 3. Research program.
Sec. 4. FCC report on distracted driving technology.

SEC. 2. DISTRACTED DRIVING PREVENTION.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. Distracted driving prevention
    ``(a) Withholding of Funds for States Without Distracted Driving 
Laws.--
            ``(1) Fiscal year 2016.--On October 1, 2015, the Secretary 
        shall withhold 1 percent of the amount required to be 
        apportioned to a State under each of paragraphs (1) and (2) of 
        section 104(b) for fiscal year 2016 if the State has not 
        enacted or is not enforcing a law that meets the requirements 
        of subsections (b) and (c).
            ``(2) Fiscal year 2017.--On October 1, 2016, the Secretary 
        shall withhold 3 percent of the amount required to be 
        apportioned to a State under each of paragraphs (1) and (2) of 
        section 104(b) for fiscal year 2017 if the State has not 
        enacted or is not enforcing a law that meets the requirements 
        of subsections (b) and (c).
            ``(3) Fiscal year 2018 and thereafter.--On October 1, 2017, 
        and on October 1 of each fiscal year thereafter, the Secretary 
        shall withhold 5 percent of the amount required to be 
        apportioned to a State under each of paragraphs (1) and (2) of 
        section 104(b) for the applicable fiscal year if the State has 
        not enacted or is not enforcing 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 offense;
            ``(3) establishes--
                    ``(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 penalties, 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 telephone 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 receiving a telephone call;
            ``(3) makes violation of the law a primary offense;
            ``(4) requires distracted driving issues to be tested as 
        part of the driver's license examination of the State;
            ``(5) establishes--
                    ``(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 penalties, 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 communications 
        device by a driver to activate, deactivate, or initialize the 
        hands-free functionality of the device; and
            ``(3) use of a personal wireless communications device by 
        emergency services personnel while operating an emergency 
        services vehicle and engaged in the performance of the duties 
        of emergency services personnel.
    ``(e) Period of Availability of Withheld Funds; Effect of 
Compliance and Noncompliance.--
            ``(1) Period of availability of withheld funds.--Any funds 
        withheld under subsection (a) from apportionment to a State 
        shall remain available for apportionment to the State until the 
        end of the third fiscal year following the fiscal year for 
        which the funds are authorized to be appropriated.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1), the State 
        enacts and begins enforcement of a law that meets the 
        requirements of subsections (b) and (c), the Secretary shall, 
        on the first day on which the State has enacted and begins 
        enforcement of such a law, apportion to the State the funds 
        withheld under subsection (a) that remain available for 
        apportionment to the State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--Any funds apportioned pursuant to paragraph (2)--
                    ``(A) shall remain available for expenditure until 
                the end of the third fiscal year following the fiscal 
                year in which the funds are so apportioned; and
                    ``(B) if not apportioned at the end of that period, 
                shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State has not enacted or has not begun 
        enforcement of a law that meets the requirements of subsections 
        (b) and (c), the funds shall lapse.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(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, 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 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. The term 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.''.
    (b) Clerical 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.''.

SEC. 3. RESEARCH PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a research program to study distracted driving by passenger and 
commercial vehicle drivers.
    (b) Scope.--The program shall include studies of--
            (1) driver behavior;
            (2) vehicle technology; and
            (3) portable electronic devices that are commonly brought 
        into passenger or commercial vehicles.
    (c) Research Agreements.--
            (1) In general.--In carrying out this section the Secretary 
        may grant research contracts to non-governmental entities to 
        study distracted driving.
            (2) Limitations.--The Secretary may not grant a research 
        contract under this section to any person that produces or 
        sells--
                    (A) electronic equipment that is used in vehicles;
                    (B) portable electronic equipment commonly brought 
                into passenger or commercial vehicles; or
                    (C) passenger or commercial vehicles.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the research program under this section.

SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.

    Not later than 180 days after the date of enactment of this Act, 
the Federal Communications Commission shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report that 
identifies--
            (1) data the Commission can collect and analyze that will 
        assist in understanding and reducing the problem of distracted 
        driving involving the use of personal wireless communications 
        devices;
            (2) existing and developing wireless communications 
        technology that may be used to reduce problems associated with 
        distracted driving; and
            (3) existing authority that the Commission may use to 
        assist in reducing those problems.