[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3829

To amend title 23, United States Code, to reduce the amount of Federal 
highway funding available to States that do not enact a law prohibiting 
   the use of certain communication devices while operating a motor 
                    vehicle, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2009

  Mr. Brady of Pennsylvania introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to reduce the amount of Federal 
highway funding available to States that do not enact a law prohibiting 
   the use of certain communication devices while operating a motor 
                    vehicle, and for other purposes.

    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 ``Fighting Occupied Cell Use So 
Everyone Drives More Safely Act of 2009'' or the ``FOCUS Act of 2009''.

SEC. 2. OPERATION OF MOTOR VEHICLES WHILE USING A COMMUNICATION DEVICE.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 167. Operation of motor vehicles while using a communication 
              device
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Communication device.--The term `communication 
        device' means any mobile telephone or other portable electronic 
        communication device with which a user engages in a call or 
        writes, sends, or reads a message.
            ``(2) Motor vehicle.--The term `motor vehicle' has the 
        meaning given the term in section 154(a).
    ``(b) Withholding of Apportionments for Noncompliance.--
            ``(1) In general.--On October 1 of the second fiscal year 
        beginning after the date of the issuance of the regulations 
        under subsection (d), and annually thereafter, the Secretary 
        shall withhold 25 percent of the amount required to be 
        apportioned to any State under each of paragraphs (1), (3), and 
        (4) of section 104(b) for the fiscal year if the Secretary 
        determines that the State does not satisfy the requirement 
        under paragraph (2) of this subsection as of that date.
            ``(2) Requirement.--A State satisfies the requirement under 
        this paragraph if the State has enacted and is enforcing a law 
        that--
                    ``(A) except in the event of an emergency, 
                prohibits an operator of a moving motor vehicle from--
                            ``(i) utilizing any communication device if 
                        such operator is under the age of 21; and
                            ``(ii) utilizing a hand-held communication 
                        device if such operator is 21 years of age or 
                        older; and
                    ``(B) requires, upon conviction of a violation of a 
                prohibition under subparagraph (A), the imposition of 
                penalties in accordance with the requirements for 
                minimum penalties described in the regulations issued 
                under subsection (d).
    ``(c) Recovery of Funds Withheld.--All funds withheld under this 
section from apportionment to a State for 1 or more fiscal years shall 
be available for apportionment to the State immediately upon a 
determination by the Secretary that the State satisfies the requirement 
under subsection (b)(2).
    ``(d) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall issue regulations to 
carry out this section, including requirements for minimum penalties 
for violations of a prohibition under subsection (b)(2)(A) that--
            ``(1) specify a minimum penalty for a first offense; and
            ``(2) stipulate that penalties shall be graduated for 
        repeated offenses.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``167. Operation of motor vehicles while using a communication 
                            device.''.
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