I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fighting Occupied Cell 

5 Use So Everyone Drives More Safely Act of 2009’’ or the 

6 ‘‘FOCUS Act of 2009’’. 


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1 SEC. 2. OPERATION OF MOTOR VEHICLES WHILE USING A 

2 COMMUNICATION DEVICE. 

3 (a) IN GENERAL.—Chapter 1 of title 23, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 167. Operation of motor vehicles while using a 

7 communication device 

8 ‘‘(a) DEFINITIONS.—In this section, the following 

9 definitions apply: 

10 ‘‘(1) COMMUNICATION DEVICE.—The term 

11 ‘communication device’ means any mobile telephone 

12 or other portable electronic communication device 

13 with which a user engages in a call or writes, sends, 

14 or reads a message. 

15 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi16 cle’ has the meaning given the term in section 

17 154(a). 

18 ‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON19 COMPLIANCE.— 

20 ‘‘(1) IN GENERAL.—On October 1 of the second 

21 fiscal year beginning after the date of the issuance 

22 of the regulations under subsection (d), and annually 

23 thereafter, the Secretary shall withhold 25 percent 

24 of the amount required to be apportioned to any 

25 State under each of paragraphs (1), (3), and (4) of 

26 section 104(b) for the fiscal year if the Secretary deVerDate Nov 24 2008 05:04 Oct 16, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829

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1 termines that the State does not satisfy the require2 ment under paragraph (2) of this subsection as of 

3 that date. 

4 ‘‘(2) REQUIREMENT.—A State satisfies the re5 quirement under this paragraph if the State has en6 acted and is enforcing a law that— 

7 ‘‘(A) except in the event of an emergency, 

8 prohibits an operator of a moving motor vehicle 

9 from— 

10 ‘‘(i) utilizing any communication de11 vice if such operator is under the age of 

12 21; and 

13 ‘‘(ii) utilizing a hand-held communica14 tion device if such operator is 21 years of 

15 age or older; and 

16 ‘‘(B) requires, upon conviction of a viola17 tion of a prohibition under subparagraph (A), 

18 the imposition of penalties in accordance with 

19 the requirements for minimum penalties de20 scribed in the regulations issued under sub21 section (d). 

22 ‘‘(c) RECOVERY OF FUNDS WITHHELD.—All funds 

23 withheld under this section from apportionment to a State 

24 for 1 or more fiscal years shall be available for apportion25 ment to the State immediately upon a determination by 


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1 the Secretary that the State satisfies the requirement 

2 under subsection (b)(2). 

3 ‘‘(d) REGULATIONS.—Not later than 180 days after 

4 the date of enactment of this section, the Secretary shall 

5 issue regulations to carry out this section, including re6 quirements for minimum penalties for violations of a pro7 hibition under subsection (b)(2)(A) that— 

8 ‘‘(1) specify a minimum penalty for a first of9 fense; and 

10 ‘‘(2) stipulate that penalties shall be graduated 

11 for repeated offenses.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for such 

13 chapter is amended by adding at the end the following: 

‘‘167. Operation of motor vehicles while using a communication device.’’. 

Æ 


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