To amend title 23, United States Code, to require the Secretary of Transportation to withhold a portion of Federal-aid Highway funds apportioned to a State unless the State enacts and implements a law establishing penalties for using a cell phone to make telephone calls or text while driving with a minor in the vehicle.

Summary: Drive to Stay Alive Act of 2011 - Requires the Secretary of Transportation (DOT) to withhold 5% of a state's apportionment of certain federal-aid highway funds for FY2012, and each succeeding fiscal year, if the state has not enacted and implemented a law that: (1) prohibits a driver from using a personal wireless communications device (cell phone, but excluding a global navigation satellite system receiver used for positioning, emergency notification, or navigation [GPS]) to call or text while driving when there is a minor in the vehicle, (2) makes violation of the law a primary offense, and (3) establishes certain minimum fines and increased civil and criminal penalties.

Permits laws meeting the requirements of this Act to provide exceptions for driver: (1) use of a hands-free device (other than a driver who is a minor), (2) use of a cell phone in emergency situations, and (3) use of a cell phone by a commercial motor vehicle driver or school bus driver.

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Drive to Stay Alive Act of 2011''.

SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR STATES FAILING TO 
              ENACT AND IMPLEMENT LAWS ESTABLISHING PENALTIES FOR USING 
              A CELL PHONE WHILE DRIVING WITH A MINOR IN THE VEHICLE.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:

``SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE DRIVING WITH A MINOR 
              IN THE VEHICLE.

    ``(a) Withholding Funds for Noncompliance.--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, 2012, and on October 1 of each year thereafter, if the State 
has not enacted and implemented a law that meets the requirements of 
subsection (b) by that date.
    ``(b) Requirements.--
            ``(1) Prohibition on cell phone use while driving.--A State 
        law meets the requirements of subsection (b) if the law--
                    ``(A) prohibits a driver from using a personal 
                wireless communications device to conduct a telephone 
                call or text while driving if there is a minor in the 
                vehicle;
                    ``(B) makes violation of the law a primary offense;
                    ``(C) establishes--
                            ``(i) minimum fines for a first violation 
                        of the law; and
                            ``(ii) increased fines for repeat 
                        violations; and
                    ``(D) provides for increased civil and criminal 
                penalties than would otherwise apply if a vehicle 
                accident is caused by a driver who is using a personal 
                wireless communications device in violation of the law.
            ``(2) Permitted exceptions.--A law that meets the 
        requirements of paragraphs (1) may provide exceptions for--
                    ``(A) use of a hands-free device that enables a 
                driver, other than a driver who is a minor, to 
                initiate, conduct, or receive a telephone call without 
                holding the hands-free device or the personal wireless 
                communications device;
                    ``(B) use of a personal wireless communications 
                device by a driver to contact emergency services;
                    ``(C) use of a personal wireless communications 
                device by emergency services personnel while operating 
                an emergency services vehicle and engaged in the 
                performance of their duties as emergency services 
                personnel; and
                    ``(D) use of a device by an individual employed as 
                a commercial motor vehicle driver, or a school bus 
                driver, within the scope of such individual's 
                employment if such use is permitted under the 
                regulations promulgated pursuant to section 31152 of 
                title 49.
    ``(c) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability.--Any funds withheld under 
        subsection (a) shall remain available until the end of 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 fiscal year for which funds are 
        withheld under subsection (a), the State enacts a law that 
        meets the requirements of subsection (b), the Secretary shall, 
        on the first day on which the State meets the requirements, 
        apportion to the State the funds withheld under subsection (a) 
        for such State.
            ``(3) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) are 
        available for apportionment to a State under paragraph (1), the 
        State does not enact and implement a law that meets the 
        requirements of subsection (b), the funds shall lapse.
    ``(d) Definitions.--In this section:
            ``(1) Driving.--The term `driving' means operating a motor 
        vehicle on a public road, including operation while temporarily 
        stationary because of traffic, a traffic light or stop sign, or 
        otherwise. It does not include operating a motor vehicle when 
        the vehicle has pulled over to the side of, or off, an active 
        roadway and has stopped in a location where it can safely 
        remain stationary.
            ``(2) Hands-free device.--The term `hands-free device' 
        means a device that allows a driver to use a personal wireless 
        communications device to initiate, conduct, or receive a 
        telephone call without holding the personal wireless 
        communications device.
            ``(3) Minor.--The term `minor' means an individual who has 
        not attained the age of 18.
            ``(4) Personal wireless communications device.--The term 
        `personal wireless communications device' means a device 
        through which personal wireless services (as defined in section 
        332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 
        332(c)(7)(C)(i))) are transmitted. It does not include a global 
        navigation satellite system receiver used for positioning, 
        emergency notification, or navigation purposes.
            ``(5) Primary offense.--The term `primary offense' means an 
        offense for which a law enforcement officer may stop a vehicle 
        solely for the purpose of issuing a citation in the absence of 
        evidence of another offense.
            ``(6) Text.--The term `text' means reading from or manually 
        entering data into a personal wireless communications device, 
        including doing so for the purpose of SMS texting, e-mailing, 
        instant messaging, or engaging in any other form of electronic 
        data retrieval or electronic data communication.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``413. Minimum penalties for using a cell phone while driving with a 
                            minor in the vehicle.''.