FOCUS Act of 2015

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. Short title This Act may be cited as the Fighting Occupied Cell Use So Everyone Drives More Safely Act of 2015 FOCUS Act of 2015 2. Operation of motor vehicles while using a communication device (a) In general Chapter 1 171. Operation of motor vehicles while using a communication device (a) Definitions In this section, the following definitions apply: (1) Communication device The term communication device (2) Motor vehicle The term motor vehicle (b) Withholding of apportionments for noncompliance (1) In general On October 1 of the second fiscal year beginning after the date of enactment of this Act, and annually thereafter, the Secretary shall withhold 25 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) for the fiscal year if the Secretary determines that the State does not satisfy the requirement under paragraph (2) of this subsection as of that date. (2) Requirement A State satisfies the requirement under this paragraph if the State has enacted and is enforcing a law that— (A) except in the event of an emergency, prohibits an operator of a moving motor vehicle from— (i) utilizing any communication device if such operator is under the age of 21; and (ii) utilizing a hand-held communication device if such operator is 21 years of age or older; and (B) requires, upon conviction of a violation of a prohibition under subparagraph (A), the imposition of penalties described in subsection (d). (c) Recovery of funds withheld All funds withheld under this section from apportionment to a State for 1 or more fiscal years shall be available for apportionment to the State immediately upon a determination by the Secretary that the State satisfies the requirement under subsection (b)(2). (d) Penalties A State shall treat a conviction of an offense described in this section in the same manner as an offense of driving while intoxicated or driving under the influence as such terms are defined in section 164. In addition, penalties shall be graduated for repeated offenses. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 171. Operation of motor vehicles while using a communication device. .

Summary: Fighting Occupied Cell Use So Everyone Drives More Safely Act of 2015 or the FOCUS Act of 2015 This bill directs the Secretary of Transportation to withhold 25% of a state's apportionment of certain federal-aid highway funds for a fiscal year if the state has not enacted and is not enforcing a law that: prohibits an operator of a moving motor vehicle from using a communication device, except in the event of an emergency, if the operator is under age 21, and using a hand-held communication device if that operator is 21 or older; and requires, upon conviction of a violation of such prohibition, the imposition of penalties similar to those for conviction of the offense of driving while intoxicated or driving under the influence. "Communication device" means a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a message, or plays a game or watches a video.