I

107TH CONGRESS

1ST SESSION H. R. 1837

To amend title 23, United States Code, to direct the Secretary of Transportation to withhold highways funds from any State that permits an individual to use a hand-held mobile telephone while operating a motor

vehicle.

IN THE HOUSE OF REPRESENTATIVES

MAY 15, 2001

Mr. ACKERMAN introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, to direct the Secretary of Transportation to withhold highways funds

from any State that permits an individual to use a handheld mobile telephone while operating a motor vehicle.

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 ‘‘Call Responsibly and

5 Stay Healthy Act 2001’’.
2

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1 SEC. 2. PROHIBITION ON USE OF HAND-HELD MOBILE

2 TELEPHONES BY INDIVIDUALS OPERATING

3 MOTOR VEHICLES.

4 (a) IN GENERAL.—Subchapter I of chapter 1 of title

5 23, United States Code, is amended by adding at the end

6 the following:

7 ‘‘§ 165. Prohibition on use of hand-held mobile tele8 phones by individuals operating motor

9 vehicles

10 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON11 COMPLIANCE.—

12 ‘‘(1) FISCAL YEAR 2004.—The Secretary shall

13 withhold 5 percent of the amount required to be ap14 portioned to any State under each of paragraphs

15 (1), (3), and (4) of section 104(b) on October 1,

16 2003, if the State does not meet the requirement of

17 paragraph (3) on that date.

18 ‘‘(2) THEREAFTER.—The Secretary shall with19 hold 10 percent of the amount required to be appor20 tioned to any State under each of paragraphs (1),

21 (3), and (4) of section 104(b) on October 1, 2004,

22 and on October 1 of each fiscal year thereafter, if

23 the State does not meet the requirement of para24 graph (3) on that date.

25 ‘‘(3) REQUIREMENT.—
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1 ‘‘(A) IN GENERAL.—A State meets the re2 quirement of this paragraph if the State has

3 enacted and is enforcing a law that makes un4 lawful throughout the State the use of a hand5 held mobile telephone by an individual who is

6 operating a motor vehicle.

7 ‘‘(B) EMERGENCIES.—A State law de8 scribed in subparagraph (A) may provide an ex9 emption to permit an individual who is oper10 ating a motor vehicle to use a hand-held mobile

11 telephone in the case of an emergency.

12 ‘‘(C) HANDS-FREE DEVICES.—A State law

13 described in subparagraph (A) may provide an

14 exemption to permit an individual who is oper15 ating a motor vehicle to use a hand-held mobile

16 telephone with a device that permits hands-free

17 operation of the telephone.

18 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI19 ANCE AND NONCOMPLIANCE.—

20 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

21 FUNDS.—

22 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

23 SEPTEMBER 30, 2005.—Any funds withheld

24 under subsection (a) from apportionment to any

25 State on or before September 30, 2005, shall
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1 remain available until the end of the third fiscal

2 year following the fiscal year for which the

3 funds are authorized to be appropriated.

4 ‘‘(B) FUNDS WITHHELD AFTER SEP5 TEMBER 30, 2005.—No funds withheld under

6 this section from apportionment to any State

7 after September 30, 2005, shall be available for

8 apportionment to the State.

9 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

10 AFTER COMPLIANCE.—If, before the last day of the

11 period for which funds withheld under subsection (a)

12 from apportionment are to remain available for ap13 portionment to a State under paragraph (1), the

14 State meets the requirement of subsection (a)(3),

15 the Secretary shall, on the first day on which the

16 State meets the requirement, apportion to the State

17 the funds withheld under subsection (a) that remain

18 available for apportionment to the State.

19 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE20 QUENTLY APPORTIONED FUNDS.—Any funds appor21 tioned pursuant to paragraph (2) shall remain avail22 able for expenditure until the end of the third fiscal

23 year following the fiscal year in which the funds are

24 so apportioned. Sums not obligated at the end of

25 that period shall lapse.
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1 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

2 end of the period for which funds withheld under

3 subsection (a) from apportionment are available for

4 apportionment to a State under paragraph (1), the

5 State does not meet the requirement of subsection

6 (a)(3), the funds shall lapse.’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 subchapter I of chapter 1 of title 23, United States Code,

9 is amended by adding at the end the following:

‘‘165. Prohibition on use of hand-held mobile telephones by individuals operating

motor vehicles.’’.

Æ