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 commu-
nication devices while operating a motor vehicle, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighting Occupied Cell 
Use So Everyone Drives More Safely Act of 2009’’ or the 
‘‘FOCUS Act of 2009’’. 
VerDate Nov 24 2008 
05:04 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3829.IH
H3829
tjames on DSKG8SOYB1PROD with BILLS
SEC. 2. OPERATION OF MOTOR VEHICLES WHILE USING A 
COMMUNICATION DEVICE. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 167. 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’ means any mobile telephone 
or other portable electronic communication device 
with which a user engages in a call or writes, sends, 
or reads a message. 
‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the meaning given the term in section 
154(a). 
‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.— 
‘‘(1) IN GENERAL.—On October 1 of the second 
fiscal year beginning after the date of the issuance 
of the regulations under subsection (d), 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 de-
VerDate Nov 24 2008 
05:04 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3829.IH
H3829
tjames on DSKG8SOYB1PROD with BILLS
termines that the State does not satisfy the require-
ment under paragraph (2) of this subsection as of 
that date. 
‘‘(2) REQUIREMENT.—A State satisfies the re-
quirement under this paragraph if the State has en-
acted 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 de-
vice if such operator is under the age of 
21; and 
‘‘(ii) utilizing a hand-held communica-
tion device if such operator is 21 years of 
age or older; and 
‘‘(B) requires, upon conviction of a viola-
tion of a prohibition under subparagraph (A), 
the imposition of penalties in accordance with 
the requirements for minimum penalties de-
scribed in the regulations issued under sub-
section (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 apportion-
ment to the State immediately upon a determination by 
VerDate Nov 24 2008 
05:04 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3829.IH
H3829
tjames on DSKG8SOYB1PROD with BILLS
the Secretary that the State satisfies the requirement 
under subsection (b)(2). 
‘‘(d) REGULATIONS.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
issue regulations to carry out this section, including re-
quirements for minimum penalties for violations of a pro-
hibition under subsection (b)(2)(A) that— 
‘‘(1) specify a minimum penalty for a first of-
fense; and 
‘‘(2) stipulate that penalties shall be graduated 
for repeated offenses.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘167. Operation of motor vehicles while using a communication device.’’. 
Æ 
VerDate Nov 24 2008 
05:04 Oct 16, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3829.IH
H3829
tjames on DSKG8SOYB1PROD with BILLS