I 

112TH CONGRESS 

1ST SESSION H. R. 2575 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2011 

Ms. WILSON of Florida introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

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. 

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 ‘‘Drive to Stay Alive Act 

5 of 2011’’. 


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1 SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR 

2 STATES FAILING TO ENACT AND IMPLEMENT 

3 LAWS ESTABLISHING PENALTIES FOR USING 

4 A CELL PHONE WHILE DRIVING WITH A 

5 MINOR IN THE VEHICLE. 

6 (a) IN GENERAL.—Chapter 4 of title 23, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE 

10 DRIVING WITH A MINOR IN THE VEHICLE. 

11 ‘‘(a) WITHHOLDING FUNDS FOR NONCOMPLIANCE.— 

12 The Secretary shall withhold 5 percent of the amount re13 quired to be apportioned to any State under each of para14 graphs (1), (3), and (4) of section 104(b) on October 1, 

15 2012, and on October 1 of each year thereafter, if the 

16 State has not enacted and implemented a law that meets 

17 the requirements of subsection (b) by that date. 

18 ‘‘(b) REQUIREMENTS.— 

19 ‘‘(1) PROHIBITION ON CELL PHONE USE WHILE

20 DRIVING.—A State law meets the requirements of 

21 subsection (b) if the law— 

22 ‘‘(A) prohibits a driver from using a per23 sonal wireless communications device to conduct 

24 a telephone call or text while driving if there is 

25 a minor in the vehicle; 


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1 ‘‘(B) makes violation of the law a primary 

2 offense; 

3 ‘‘(C) establishes— 

4 ‘‘(i) minimum fines for a first viola5 tion of the law; and 

6 ‘‘(ii) increased fines for repeat viola7 tions; and 

8 ‘‘(D) provides for increased civil and crimi9 nal penalties than would otherwise apply if a 

10 vehicle accident is caused by a driver who is 

11 using a personal wireless communications device 

12 in violation of the law. 

13 ‘‘(2) PERMITTED EXCEPTIONS.—A law that 

14 meets the requirements of paragraphs (1) may pro15 vide exceptions for— 

16 ‘‘(A) use of a hands-free device that en17 ables a driver, other than a driver who is a 

18 minor, to initiate, conduct, or receive a tele19 phone call without holding the hands-free device 

20 or the personal wireless communications device; 

21 ‘‘(B) use of a personal wireless commu22 nications device by a driver to contact emer23 gency services; 

24 ‘‘(C) use of a personal wireless communica25 tions device by emergency services personnel 


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1 while operating an emergency services vehicle 

2 and engaged in the performance of their duties 

3 as emergency services personnel; and 

4 ‘‘(D) use of a device by an individual em5 ployed as a commercial motor vehicle driver, or 

6 a school bus driver, within the scope of such in7 dividual’s employment if such use is permitted 

8 under the regulations promulgated pursuant to 

9 section 31152 of title 49. 

10 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI11 ANCE AND NONCOMPLIANCE.— 

12 ‘‘(1) PERIOD OF AVAILABILITY.—Any funds 

13 withheld under subsection (a) shall remain available 

14 until the end of the fiscal year for which the funds 

15 are authorized to be appropriated. 

16 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

18 fiscal year for which funds are withheld under sub19 section (a), the State enacts a law that meets the re20 quirements of subsection (b), the Secretary shall, on 

21 the first day on which the State meets the require22 ments, apportion to the State the funds withheld 

23 under subsection (a) for such State. 

24 ‘‘(3) EFFECT OF NONCOMPLIANCE.—If, at the 

25 end of the period for which funds withheld under 


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1 subsection (a) are available for apportionment to a 

2 State under paragraph (1), the State does not enact 

3 and implement a law that meets the requirements of 

4 subsection (b), the funds shall lapse. 

5 ‘‘(d) DEFINITIONS.—In this section: 

6 ‘‘(1) DRIVING.—The term ‘driving’ means oper7 ating a motor vehicle on a public road, including op8 eration while temporarily stationary because of traf9 fic, a traffic light or stop sign, or otherwise. It does 

10 not include operating a motor vehicle when the vehi11 cle has pulled over to the side of, or off, an active 

12 roadway and has stopped in a location where it can 

13 safely remain stationary. 

14 ‘‘(2) HANDS-FREE DEVICE.—The term ‘hands15 free device’ means a device that allows a driver to 

16 use a personal wireless communications device to ini17 tiate, conduct, or receive a telephone call without 

18 holding the personal wireless communications device. 

19 ‘‘(3) MINOR.—The term ‘minor’ means an indi20 vidual who has not attained the age of 18. 

21 ‘‘(4) PERSONAL WIRELESS COMMUNICATIONS

22 DEVICE.—The term ‘personal wireless communica23 tions device’ means a device through which personal 

24 wireless services (as defined in section 

25 332(c)(7)(C)(i) of the Communications Act of 1934 


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1 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. It does 

2 not include a global navigation satellite system re3 ceiver used for positioning, emergency notification, 

4 or navigation purposes. 

5 ‘‘(5) PRIMARY OFFENSE.—The term ‘primary 

6 offense’ means an offense for which a law enforce7 ment officer may stop a vehicle solely for the pur8 pose of issuing a citation in the absence of evidence 

9 of another offense. 

10 ‘‘(6) TEXT.—The term ‘text’ means reading 

11 from or manually entering data into a personal wire12 less communications device, including doing so for 

13 the purpose of SMS texting, e-mailing, instant mes14 saging, or engaging in any other form of electronic 

15 data retrieval or electronic data communication.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 chapter 4 of title 23, United States Code, is amended by 

18 adding at the end the following: 

‘‘413. Minimum penalties for using a cell phone while driving with a minor in 

the vehicle.’’. 

Æ 


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