[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 179 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 179

To amend title 23, United States Code, to provide for a prohibition on 
       use of mobile telephones while operating a motor vehicle.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2003

  Mr. Corzine introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to provide for a prohibition on 
       use of mobile telephones while operating a motor vehicle.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mobile Telephone Driving Safety Act 
of 2003''.

SEC 2. MOBILE TELEPHONE USE WHILE OPERATING MOTOR VEHICLES.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 165. Mobile telephone use while operating motor vehicles
    ``(a) Definition of Motor Vehicle.--In this section, the term 
`motor vehicle' means a vehicle driven or drawn by mechanical power and 
manufactured primarily for use on public highways, but does not include 
a vehicle operated only on a rail.
    ``(b) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2005.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any State 
        under each of paragraphs (1), (3), and (4) of section 104(b) on 
        October 1, 2004, if the State does not meet the requirements of 
        paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall 
        withhold 10 percent of the amount required to be apportioned to 
        any State under each of paragraphs (1), (3), and (4) of section 
        104(b) on October 1, 2005, and on October 1 of each fiscal year 
        thereafter, if the State does not meet the requirements of 
        paragraph (3) on that date.
            ``(3) Requirements.--
                    ``(A) In general.--A State meets the requirements 
                of this paragraph if the State has enacted and is 
                enforcing a law that prohibits an individual from using 
                a mobile telephone (other than a mobile telephone used 
                as described in subparagraph (B)) while operating a 
                motor vehicle, except in the case of an emergency or 
                other exceptional circumstance (as determined by the 
                State).
                    ``(B) Hands-free devices.--A State law described in 
                subparagraph (A) may permit an individual operating a 
                motor vehicle to use a mobile telephone with a device 
                that permits hands-free operation of the telephone if 
                the State determines that such use does not pose a 
                threat to public safety.
    ``(c) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--Any funds 
        withheld under subsection (b) from apportionment to any State 
        shall remain available until the end of the fourth 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 (b) from apportionment are to remain available 
        for apportionment to a State under paragraph (1), the State 
        meets the requirements of subsection (a)(3), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, apportion to the State the funds withheld under 
        subsection (b) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--
                    ``(A) In general.--Any funds apportioned under 
                paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Any funds 
                apportioned under paragraph (2) that are not obligated 
                at the end of the period referred to in subparagraph 
                (A) shall be allocated equally among the States that 
                meet the requirements of subsection (a)(3).
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (b) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirements of 
        subsection (a)(3), the funds shall be allocated equally among 
        the States that meet the requirements of subsection (a)(3).''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by adding at the end the 
following:

``165. Mobile telephone use while operating motor vehicles.''.
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