I 

113TH CONGRESS 

1ST SESSION H. R. 1664 

To amend title 23, United States Code, to reduce injuries and deaths caused 

by cell phone use and texting while driving, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2013 

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 23, United States Code, to reduce injuries 

and deaths caused by cell phone use and texting while 

driving, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Distracted Driving Prevention Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Distracted driving prevention. 


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Sec. 3. Research program. 

Sec. 4. FCC report on distracted driving technology. 

1 SEC. 2. DISTRACTED DRIVING PREVENTION. 

2 (a) IN GENERAL.—Chapter 4 of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 413. Distracted driving prevention 

6 ‘‘(a) WITHHOLDING OF FUNDS FOR STATES WITH7 OUT DISTRACTED DRIVING LAWS.— 

8 ‘‘(1) FISCAL YEAR 2016.—On October 1, 2015, 

9 the Secretary shall withhold 1 percent of the amount 

10 required to be apportioned to a State under each of 

11 paragraphs (1) and (2) of section 104(b) for fiscal 

12 year 2016 if the State has not enacted or is not en13 forcing a law that meets the requirements of sub14 sections (b) and (c). 

15 ‘‘(2) FISCAL YEAR 2017.—On October 1, 2016, 

16 the Secretary shall withhold 3 percent of the amount 

17 required to be apportioned to a State under each of 

18 paragraphs (1) and (2) of section 104(b) for fiscal 

19 year 2017 if the State has not enacted or is not en20 forcing a law that meets the requirements of sub21 sections (b) and (c). 

22 ‘‘(3) FISCAL YEAR 2018 AND THEREAFTER.—On 

23 October 1, 2017, and on October 1 of each fiscal 

24 year thereafter, the Secretary shall withhold 5 perVerDate Mar 15 2010 02:24 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664

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1 cent of the amount required to be apportioned to a 

2 State under each of paragraphs (1) and (2) of sec3 tion 104(b) for the applicable fiscal year if the State 

4 has not enacted or is not enforcing a law that meets 

5 the requirements of subsections (b) and (c). 

6 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 

7 A State law meets the requirements of this subsection if 

8 the law— 

9 ‘‘(1) prohibits the use of a personal wireless 

10 communications device by a driver for texting while 

11 driving; 

12 ‘‘(2) makes violation of the law a primary of13 fense; 

14 ‘‘(3) establishes— 

15 ‘‘(A) a minimum fine for a first violation 

16 of the law; and 

17 ‘‘(B) increased fines for repeat violations; 

18 and 

19 ‘‘(4) provides increased civil and criminal pen20 alties, as compared to those that would otherwise 

21 apply, if a vehicle accident is caused by a driver who 

22 is using such a device in violation of the law. 

23 ‘‘(c) PROHIBITION ON HANDHELD CELL PHONE USE

24 WHILE DRIVING.—A State law meets the requirements of 

25 this subsection if the law— 


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1 ‘‘(1) prohibits a driver from holding a personal 

2 wireless communications device to conduct a tele3 phone call while driving; 

4 ‘‘(2) allows the use of a hands-free device by a 

5 driver, other than a driver who has not attained the 

6 age of 18 years, for initiating, conducting, or receiv7 ing a telephone call; 

8 ‘‘(3) makes violation of the law a primary of9 fense; 

10 ‘‘(4) requires distracted driving issues to be 

11 tested as part of the driver’s license examination of 

12 the State; 

13 ‘‘(5) establishes— 

14 ‘‘(A) a minimum fine for a first violation 

15 of the law; and 

16 ‘‘(B) increased fines for repeat violations; 

17 and 

18 ‘‘(6) provides increased civil and criminal pen19 alties, as compared to those that would otherwise 

20 apply, if a vehicle accident is caused by a driver who 

21 is using a personal wireless communications device 

22 in violation of the law. 

23 ‘‘(d) PERMITTED EXCEPTIONS.—A State law meets 

24 the requirements of subsections (b) and (c) without regard 

25 to whether the law provides exceptions for— 


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1 ‘‘(1) use of a personal wireless communications 

2 device by a driver to contact emergency services; 

3 ‘‘(2) manipulation of a personal wireless com4 munications device by a driver to activate, deacti5 vate, or initialize the hands-free functionality of the 

6 device; and 

7 ‘‘(3) use of a personal wireless communications 

8 device by emergency services personnel while oper9 ating an emergency services vehicle and engaged in 

10 the performance of the duties of emergency services 

11 personnel. 

12 ‘‘(e) PERIOD OF AVAILABILITY OF WITHHELD

13 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI14 ANCE.— 

15 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

16 FUNDS.—Any funds withheld under subsection (a) 

17 from apportionment to a State shall remain available 

18 for apportionment to the State until the end of the 

19 third fiscal year following the fiscal year for which 

20 the funds are authorized to be appropriated. 

21 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

22 AFTER COMPLIANCE.—If, before the last day of the 

23 period for which funds withheld under subsection (a) 

24 from apportionment are to remain available for ap25 portionment to a State under paragraph (1), the 


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1 State enacts and begins enforcement of a law that 

2 meets the requirements of subsections (b) and (c), 

3 the Secretary shall, on the first day on which the 

4 State has enacted and begins enforcement of such a 

5 law, apportion to the State the funds withheld under 

6 subsection (a) that remain available for apportion7 ment to the State. 

8 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE9 QUENTLY APPORTIONED FUNDS.—Any funds appor10 tioned pursuant to paragraph (2)— 

11 ‘‘(A) shall remain available for expenditure 

12 until the end of the third fiscal year following 

13 the fiscal year in which the funds are so appor14 tioned; and 

15 ‘‘(B) if not apportioned at the end of that 

16 period, shall lapse. 

17 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

18 end of the period for which funds withheld under 

19 subsection (a) from apportionment are available for 

20 apportionment to a State under paragraph (1), the 

21 State has not enacted or has not begun enforcement 

22 of a law that meets the requirements of subsections 

23 (b) and (c), the funds shall lapse. 

24 ‘‘(f) DEFINITIONS.—In this section, the following 

25 definitions apply: 


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1 ‘‘(1) DRIVING.—The term ‘driving’ means oper2 ating a motor vehicle on a public road, including op3 eration while temporarily stationary because of traf4 fic, a traffic light, a stop sign, or another reason. 

5 The term does not include operating a motor vehicle 

6 when the vehicle has pulled over to the side of, or 

7 off, an active roadway and has stopped in a location 

8 where it can safely remain stationary. 

9 ‘‘(2) HANDS-FREE DEVICE.—The term ‘hands10 free device’ means a device that allows a driver to 

11 use a personal wireless communications device to ini12 tiate, conduct, or receive a telephone call without 

13 holding the personal wireless communications device. 

14 ‘‘(3) PERSONAL WIRELESS COMMUNICATIONS

15 DEVICE.—The term ‘personal wireless communica16 tions device’ means a device through which personal 

17 wireless services (as defined in section 

18 332(c)(7)(C)(i) of the Communications Act of 1934 

19 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. The 

20 term does not include a global navigation satellite 

21 system receiver used for positioning, emergency noti22 fication, or navigation purposes. 

23 ‘‘(4) PRIMARY OFFENSE.—The term ‘primary 

24 offense’ means an offense for which a law enforce25 ment officer may stop a vehicle solely for the purVerDate Mar 15 2010 02:24 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664

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1 pose of issuing a citation in the absence of evidence 

2 of another offense. 

3 ‘‘(5) PUBLIC ROAD.—The term ‘public road’ 

4 has the meaning given that term in section 402(c). 

5 ‘‘(6) TEXTING.—The term ‘texting’ means 

6 reading from or manually entering data into a per7 sonal wireless communications device, including 

8 doing so for the purpose of SMS texting, e-mailing, 

9 instant messaging, or engaging in any other form of 

10 electronic data retrieval or electronic data commu11 nication.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 4 of title 23, United States Code, is amended by add14 ing at the end the following: 

‘‘413. Distracted driving prevention.’’. 

15 SEC. 3. RESEARCH PROGRAM. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall establish a research program to study dis19 tracted driving by passenger and commercial vehicle driv20 ers. 

21 (b) SCOPE.—The program shall include studies of— 

22 (1) driver behavior; 

23 (2) vehicle technology; and 


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1 (3) portable electronic devices that are com2 monly brought into passenger or commercial vehi3 cles. 

4 (c) RESEARCH AGREEMENTS.— 

5 (1) IN GENERAL.—In carrying out this section 

6 the Secretary may grant research contracts to non7 governmental entities to study distracted driving. 

8 (2) LIMITATIONS.—The Secretary may not 

9 grant a research contract under this section to any 

10 person that produces or sells— 

11 (A) electronic equipment that is used in ve12 hicles; 

13 (B) portable electronic equipment com14 monly brought into passenger or commercial ve15 hicles; or 

16 (C) passenger or commercial vehicles. 

17 (d) REPORT.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Commerce, Science, and Transportation 

20 of the Senate, the Committee on Energy and Commerce 

21 of the House of Representatives, and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives a report on the results of the research pro24 gram under this section. 


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1 SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECH2 NOLOGY. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Federal Communications Commission shall 

5 submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on En7 ergy and Commerce of the House of Representatives a re8 port that identifies— 

9 (1) data the Commission can collect and ana10 lyze that will assist in understanding and reducing 

11 the problem of distracted driving involving the use of 

12 personal wireless communications devices; 

13 (2) existing and developing wireless communica14 tions technology that may be used to reduce prob15 lems associated with distracted driving; and 

16 (3) existing authority that the Commission may 

17 use to assist in reducing those problems. 

Æ 


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