[Congressional Record Volume 149, Number 8 (Thursday, January 16, 2003)]
[Senate]
[Pages S1072-S1073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE:
  S. 179. A bill to amend title 23, United States Code, to provide for 
a prohibition on use of mobile telephones while operating a motor 
vehicle; to the Committee on Environment and Public Works.
  Mr. CORZINE. Mr. President, today I am introducing legislation, the 
Mobile Telephone Driving Safety Act, to enhance highway safety by 
encouraging States to restrict the use of cell phones by drivers while 
they are operating a motor vehicle.
  I am introducing this legislation because of the significant threat 
posed by people who use cell phones while driving. According to a study 
by the Harvard Center for Risk Analysis released in December of 2002, 
``the use of cell phones by drivers may result in approximately 2,600 
deaths, 330,000 moderate to critical injuries and 1.5 million instances 
of property damage in America per year''. Other studies have reached 
similar conclusions. One, published in the New England Journal of 
Medicine in 1997, concluded that the ``use of cellular telephones in 
motor vehicles is associated with a quadrupling of the risks of a 
collision during the brief period of a call''. That study went on to 
say ``this relative risk is similar to the hazard associated with 
driving with a blood alcohol level at the legal limit''.
  States, counties and municipalities around the country have 
considered bans on hand-held cell phone use while driving. New York 
actually enacted such a ban in 2001. The Governor of New Jersey has 
proposed such a ban and related legislation has been unanimously 
approved by the New Jersey State Senate. A number of New Jersey 
municipalities also have chosen to enforce bans within their borders, 
including Marlboro, Carteret and Nutley.
  This patchwork of laws, however, does not take the place of a 
consistent, nation-wide ban. Congress needs to step forward and pass 
legislation that will ban the use of hand-held cell phones nationwide.
  The Mobile Telephone Driving Safety Act of 2003 is structured in a 
manner similar to other federal laws designed to promote highway 
safety, such as laws that encourage states to enact tough drunk driving 
standards. Under the legislation, a portion of Federal highway funds 
would be withheld from States that do not enact a ban on cell phone use 
while driving. Initially, this funding could be restored if states act 
to move into compliance. Later, the highway funding forfeited by one 
state would be distributed to other states that are in compliance. 
Experience has shown that the threat of losing highway funding is very 
effective in ensuring that states comply.
  To meet the bill's requirements, States would have to ban cell phone 
use while driving. However, such a ban

[[Page S1073]]

need not be absolute. It could include an exception where there are 
exceptional circumstances, such as the use of a phone to report a 
disabled vehicle or medical emergency. In addition, if a State makes a 
determination that the use of ``hands free'' cell phones does not pose 
a threat to public safety, such use could be exempted from the ban, as 
well.
  This is a necessary bill to keep our streets and highways safe. I 
urge my colleagues to support this legislation and ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 179

       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.''.
                                 ______