I 111th CONGRESS 1st Session H. R. 3829 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.

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.

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:

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. .