[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1392 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1392

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

                             March 17, 2015

  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 2015'' or the ``FOCUS Act of 2015''.

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. 171. 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 or any device in which the 
        user plays a game or watches a video.
            ``(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 enactment of this Act, 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 described in 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) Penalties.--A State shall treat a conviction of an offense 
described in this section in the same manner as an offense of driving 
while intoxicated or driving under the influence as such terms are 
defined in section 164. In addition, penalties shall be graduated for 
repeated offenses.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

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