,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #affd  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bc1 #bjac    
,mr4 ,engel introduced the following    
bill2 which was referred to the         
,committee on ,transportation and       
,infrastructure1 and in addition to the 
,committee on ,energy and ,commerce1 for
 a period to be subsequently determined 
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
amend title #bc1 ,united ,states ,code1 
to reduce injuries and deaths caused by 
cell phone use and texting while        
driving1 and for other purposes4  #a4   
,short title2 table of contents  7a7    
,short ,title ,this ,act may be cited as
 the ,distracted ,driving ,prevention   
,act of #bjac4  7b7 ,table of ,contents 
,the table of contents for this ,act is 
as follows3  ,sec4 #a4 ,short title2    
table of contents4 ,sec4 #b4 ,distracted
 driving prevention4 ,sec4 #c4 ,research

 program4 ,sec4 #d4 ,,fcc report on     
distracted driving technology4  #b4     
,distracted driving prevention  7a7 ,in 
,general ,chapter #d of title #bc1      
,united ,states ,code1 is amended by    
adding at the end the following3  #dac4 
,distracted driving prevention  7a7     
,withholding of funds for ,states       
without distracted driving laws  7#a7   
,fiscal year #bjaf ,on ,october #a1     
#bjae1 the ,secretary shall withhold #a 
percent of the amount required to be    
apportioned to a ,state under each of   
paragraphs 7#a7 and 7#b7 of section     
#ajd7;b7 for fiscal year #bjaf if the   
,state has not enacted or is not        
enforcing a law that meets the          
requirements of subsections 7b7 and 7c74
  7#b7 ,fiscal year #bjag ,on ,october  
#a1 #bjaf1 the ,secretary shall withhold
 #c percent of the amount required to be
 apportioned to a ,state under each of  
paragraphs 7#a7 and 7#b7 of section     
#ajd7;b7 for fiscal year #bjag if the   
,state has not enacted or is not        

enforcing a law that meets the          
requirements of subsections 7b7 and 7c74
  7#c7 ,fiscal year #bjah and thereafter
 ,on ,october #a1 #bjag1 and on ,october
 #a of each fiscal year thereafter1 the 
,secretary shall withhold #e percent of 
the amount required to be apportioned to
 a ,state under each of paragraphs 7#a7 
and 7#b7 of section #ajd7;b7 for the    
applicable fiscal year if the ,state has
 not enacted or is not enforcing a law  
that meets the requirements of          
subsections 7b7 and 7c74  7b7           
,prohibition on ,texting ,while ,driving
 ,a ,state law meets the requirements of
 this subsection if the law--  7#a7     
prohibits the use of a personal wireless
 communications device by a driver for  
texting while driving2  7#b7 makes      
violation of the law a primary offense2 
7#c7 establishes--  7,a7 a minimum fine 
for a first violation of the law2 and   
7,b7 increased fines for repeat         
violations2 and  7#d7 provides increased
 civil and criminal penalties1 as       

compared to those that would otherwise  
apply1 if a vehicle accident is caused  
by a driver who is using such a device  
in violation of the law4  7c7           
,prohibition on ,handheld ,cell ,phone  
,use ,while ,driving ,a ,state law meets
 the requirements of this subsection if 
the law--  7#a7 prohibits a driver from 
holding a personal wireless             
communications device to conduct a      
telephone call while driving2  7#b7     
allows the use of a hands-free device by
 a driver1 other than a driver who has  
not attained the age of #ah years1 for  
initiating1 conducting1 or receiving a  
telephone call2  7#c7 makes violation of
 the law a primary offense2  7#d7       
requires distracted driving issues to be
 tested as part of the driver's license 
examination of the ,state2  7#e7        
establishes--  7,a7 a minimum fine for a
 first violation of the law2 and  7,b7  
increased fines for repeat violations2  
and  7#f7 provides increased civil and  
criminal penalties1 as compared to those

 that would otherwise apply1 if a       
vehicle accident is caused by a driver  
who is using a personal wireless        
communications device in violation of   
the law4  7d7 ,permitted ,exceptions ,a 
,state law meets the requirements of    
subsections 7b7 and 7c7 without regard  
to whether the law provides exceptions  
for--  7#a7 use of a personal wireless  
communications device by a driver to    
contact emergency services2  7#b7       
manipulation of a personal wireless     
communications device by a driver to    
activate1 deactivate1 or initialize the 
hands-free functionality of the device2 
and  7#c7 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 personnel4  7e7      
,period of availability of withheld     
funds2 effect of compliance and         
noncompliance  7#a7 ,period of          
availability of withheld funds ,any     

funds withheld under subsection 7a7 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    
appropriated4  7#b7 ,apportionment of   
withheld funds after compliance ,if1    
before the last day of the period for   
which funds withheld under subsection   
7a7 from apportionment are to remain    
available for apportionment to a ,state 
under paragraph 7#a71 the ,state enacts 
and begins enforcement of a law that    
meets the requirements of subsections   
7b7 and 7c71 the ,secretary shall1 on   
the first day on which the ,state has   
enacted and begins enforcement of such a
 law1 apportion to the ,state the funds 
withheld under subsection 7a7 that      
remain available for apportionment to   
the ,state4  7#c7 ,period of            
availability of subsequently apportioned
 funds ,any funds apportioned pursuant  
to paragraph 7#b7--  7,a7 shall remain  

available for expenditure until the end 
of the third fiscal year following the  
fiscal year in which the funds are so   
apportioned2 and  7,b7 if not           
apportioned at the end of that period1  
shall lapse4  7#d7 ,effect of           
noncompliance ,if1 at the end of the    
period for which funds withheld under   
subsection 7a7 from apportionment are   
available for apportionment to a ,state 
under paragraph 7#a71 the ,state has not
 enacted or has not begun enforcement of
 a law that meets the requirements of   
subsections 7b7 and 7c71 the funds shall
 lapse4  7f7 ,definitions ,in this      
section1 the following definitions      
apply3  7#a7 ,driving ,the term driving 
means operating a motor vehicle on a    
public road1 including operation while  
temporarily stationary because of       
traffic1 a traffic light1 a stop sign1  
or another reason4 ,the term does not   
include operating a motor vehicle when  
the vehicle has pulled over to the side 
of1 or off1 an active roadway and has   

stopped in a location where it can      
safely remain stationary4  7#b7         
,hands-free device ,the term hands-free 
device means a device that allows a     
driver to use a personal wireless       
communications device to initiate1      
conduct1 or receive a telephone call    
without holding the personal wireless   
communications device4  7#c7 ,personal  
wireless communications device ,the term
 personal wireless communications device
 means a device through which personal  
wireless services 7as defined in section
 #ccb7;c77#g77;,c77i7 of the            
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #ccb7;c77#g77;,c77i777 are    
transmitted4 ,the term does not include 
a global navigation satellite system    
receiver used for positioning1 emergency
 notification1 or navigation purposes4  
7#d7 ,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 offense4  7#e7 ,public road ,the
 term public road has the meaning given 
that term in section #djb7;c74  7#f7    
,texting ,the term texting means reading
 from or manually entering data into a  
personal wireless communications device1
 including doing so for the purpose of  
,,sms texting1 e-mailing1 instant       
messaging1 or engaging in any other form
 of electronic data retrieval or        
electronic data communication4  4  7b7  
,clerical ,amendment ,the analysis for  
chapter #d of title #bc1 ,united ,states
 ,code1 is amended by adding at the end 
the following3  #dac4 ,distracted       
driving prevention4  4  #c4 ,research   
program  7a7 ,in ,general ,not later    
than #ahj days after the date of        
enactment of this ,act1 the ,secretary  
of ,transportation shall establish a    
research program to study distracted    
driving by passenger and commercial     
vehicle drivers4  7b7 ,scope ,the       
program shall include studies of--  7#a7
 driver behavior2  7#b7 vehicle         

technology2 and  7#c7 portable          
electronic devices that are commonly    
brought into passenger or commercial    
vehicles4  7c7 ,research ,agreements    
7#a7 ,in general ,in carrying out this  
section the ,secretary may grant        
research contracts to non-governmental  
entities to study distracted driving4   
7#b7 ,limitations ,the ,secretary may   
not grant a research contract under this
 section to any person that produces or 
sells--  7,a7 electronic equipment that 
is used in vehicles2  7,b7 portable     
electronic equipment commonly brought   
into passenger or commercial vehicles2  
or  7,c7 passenger or commercial        
vehicles4  7d7 ,report ,not later than  
#a year after the date of enactment of  
this ,act1 the ,secretary shall submit  
to the ,committee on ,commerce1         
,science1 and ,transportation of the    
,senate1 the ,committee on ,energy and  
,commerce of the ,house of              
,representatives1 and the ,committee on 
,transportation and ,infrastructure of  

the ,house of ,representatives a report 
on the results of the research program  
under this section4  #d4 ,,fcc report on
 distracted driving technology ,not     
later than #ahj days after the date of  
enactment of this ,act1 the ,federal    
,communications ,commission shall submit
 to the ,committee on ,commerce1        
,science1 and ,transportation of the    
,senate and the ,committee on ,energy   
and ,commerce of the ,house of          
,representatives a report that          
identifies--  7#a7 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 devices2  7#b7 existing  
and developing wireless communications  
technology that may be used to reduce   
problems associated with distracted     
driving2 and  7#c7 existing authority   
that the ,commission may use to assist  
in reducing those problems4