I 
114TH CONGRESS 
1ST SESSION H. R. 1392 
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 
MARCH 17, 2015 
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 2015’’ or the 
‘‘FOCUS Act of 2015’’. 
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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: 
‘‘§ 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’ 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 or any device in which the user 
plays a game or watches a video. 
‘‘(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 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 
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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 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 described in 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 
the Secretary that the State satisfies the requirement 
under subsection (b)(2). 
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‘‘(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 of-
fenses.’’. 
(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.’’. 
Æ 
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