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 with-
in 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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. 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
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 fol-
lowing: 
‘‘§ 413. Distracted driving prevention 
‘‘(a) WITHHOLDING OF FUNDS FOR STATES WITH-
OUT 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 en-
forcing a law that meets the requirements of sub-
sections (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 en-
forcing a law that meets the requirements of sub-
sections (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 per-
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
cent of the amount required to be apportioned to a 
State under each of paragraphs (1) and (2) of sec-
tion 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 of-
fense; 
‘‘(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 pen-
alties, 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— 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(1) prohibits a driver from holding a personal 
wireless communications device to conduct a tele-
phone 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 receiv-
ing a telephone call; 
‘‘(3) makes violation of the law a primary of-
fense; 
‘‘(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 pen-
alties, 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— 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(1) use of a personal wireless communications 
device by a driver to contact emergency services; 
‘‘(2) manipulation of a personal wireless com-
munications device by a driver to activate, deacti-
vate, or initialize the hands-free functionality of the 
device; and 
‘‘(3) use of a personal wireless communications 
device by emergency services personnel while oper-
ating 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 NONCOMPLI-
ANCE.— 
‘‘(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 ap-
portionment to a State under paragraph (1), the 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
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 apportion-
ment to the State. 
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—Any funds appor-
tioned 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 appor-
tioned; 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: 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(1) DRIVING.—The term ‘driving’ means oper-
ating a motor vehicle on a public road, including op-
eration while temporarily stationary because of traf-
fic, 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 ini-
tiate, conduct, or receive a telephone call without 
holding the personal wireless communications device. 
‘‘(3) PERSONAL
WIRELESS
COMMUNICATIONS 
DEVICE.—The term ‘personal wireless communica-
tions 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 noti-
fication, or navigation purposes. 
‘‘(4) PRIMARY OFFENSE.—The term ‘primary 
offense’ means an offense for which a law enforce-
ment officer may stop a vehicle solely for the pur-
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
pose 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 per-
sonal 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 commu-
nication.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 4 of title 23, United States Code, is amended by add-
ing 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 Transpor-
tation shall establish a research program to study dis-
tracted driving by passenger and commercial vehicle driv-
ers. 
(b) SCOPE.—The program shall include studies of— 
(1) driver behavior; 
(2) vehicle technology; and 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
(3) portable electronic devices that are com-
monly brought into passenger or commercial vehi-
cles. 
(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 ve-
hicles; 
(B) portable electronic equipment com-
monly brought into passenger or commercial ve-
hicles; 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 Rep-
resentatives a report on the results of the research pro-
gram under this section. 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECH-
NOLOGY. 
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 En-
ergy and Commerce of the House of Representatives a re-
port that identifies— 
(1) data the Commission can collect and ana-
lyze 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 communica-
tions technology that may be used to reduce prob-
lems associated with distracted driving; and 
(3) existing authority that the Commission may 
use to assist in reducing those problems. 
Æ 
VerDate Mar 15 2010 
02:24 Apr 30, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H1664.IH
H1664
smartinez on DSK6TPTVN1PROD with BILLS