Distracted Driving Prevention Act of 2013

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. 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. 2. Distracted driving prevention (a) In General Chapter 4 413. 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 (2) Hands-free device The term hands-free device (3) Personal wireless communications device The term personal wireless communications device Communications Act of 1934 (4) Primary offense The term primary offense (5) Public road The term public road (6) Texting The term texting . (b) Clerical Amendment The analysis for chapter 4 413. Distracted driving prevention. . 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. 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.

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.