II 

108TH CONGRESS 

1ST SESSION S. 179

To amend title 23, United States Code, to provide for a prohibition on 

use of mobile telephones while operating a motor vehicle. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2003

Mr. CORZINE introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL

To amend title 23, United States Code, to provide for a 

prohibition on use of mobile telephones 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 ‘‘Mobile Telephone Driv5 ing Safety Act of 2003’’. 

6 SEC 2. MOBILE TELEPHONE USE WHILE OPERATING 

7 MOTOR VEHICLES. 

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

9 23, United States Code, is amended by adding at the end 

10 the following: 
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1 ‘‘§ 165. Mobile telephone use while operating motor 

2 vehicles 

3 ‘‘(a) DEFINITION OF MOTOR VEHICLE.—In this sec4 tion, the term ‘motor vehicle’ means a vehicle driven or 

5 drawn by mechanical power and manufactured primarily 

6 for use on public highways, but does not include a vehicle 

7 operated only on a rail. 

8 ‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON9 COMPLIANCE.—

10 ‘‘(1) FISCAL YEAR 2005.—The Secretary shall 

11 withhold 5 percent of the amount required to be ap12 portioned to any State under each of paragraphs 

13 (1), (3), and (4) of section 104(b) on October 1, 

14 2004, if the State does not meet the requirements 

15 of paragraph (3) on that date. 

16 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec17 retary shall withhold 10 percent of the amount re18 quired to be apportioned to any State under each of 

19 paragraphs (1), (3), and (4) of section 104(b) on 

20 October 1, 2005, and on October 1 of each fiscal 

21 year thereafter, if the State does not meet the re22 quirements of paragraph (3) on that date. 

23 ‘‘(3) REQUIREMENTS.—

24 ‘‘(A) IN GENERAL.—A State meets the re25 quirements of this paragraph if the State has 

26 enacted and is enforcing a law that prohibits an 
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1 individual from using a mobile telephone (other 

2 than a mobile telephone used as described in 

3 subparagraph (B)) while operating a motor ve4 hicle, except in the case of an emergency or 

5 other exceptional circumstance (as determined 

6 by the State). 

7 ‘‘(B) HANDS-FREE DEVICES.—A State law 

8 described in subparagraph (A) may permit an 

9 individual operating a motor vehicle to use a 

10 mobile telephone with a device that permits 

11 hands-free operation of the telephone if the 

12 State determines that such use does not pose a 

13 threat to public safety. 

14 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI15 ANCE AND NONCOMPLIANCE.—

16 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

17 FUNDS.—Any funds withheld under subsection (b) 

18 from apportionment to any State shall remain avail19 able until the end of the fourth fiscal year following 

20 the fiscal year for which the funds are authorized to 

21 be appropriated. 

22 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

24 period for which funds withheld under subsection (b) 

25 from apportionment are to remain available for ap-
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1 portionment to a State under paragraph (1), the 

2 State meets the requirements of subsection (a)(3), 

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

4 State meets the requirements, apportion to the State 

5 the funds withheld under subsection (b) that remain 

6 available for apportionment to the State. 

7 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE8 QUENTLY APPORTIONED FUNDS.—

9 ‘‘(A) IN GENERAL.—Any funds appor10 tioned under paragraph (2) shall remain avail11 able for expenditure until the end of the third 

12 fiscal year following the fiscal year in which the 

13 funds are so apportioned. 

14 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

15 Any funds apportioned under paragraph (2) 

16 that are not obligated at the end of the period 

17 referred to in subparagraph (A) shall be allo18 cated equally among the States that meet the 

19 requirements of subsection (a)(3). 

20 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

21 end of the period for which funds withheld under 

22 subsection (b) from apportionment are available for 

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

24 State does not meet the requirements of subsection 

25 (a)(3), the funds shall be allocated equally among 
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1 the States that meet the requirements of subsection 

2 (a)(3).’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

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

5 is amended by adding at the end the following:

‘‘165. Mobile telephone use while operating motor vehicles.’’.

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