SEC. 2. WITHHOLDING FEDERAL-AID HIGHWAY FUNDS FOR 
STATES FAILING TO ENACT AND IMPLEMENT 
LAWS ESTABLISHING PENALTIES FOR USING 
A CELL PHONE WHILE DRIVING WITH A 
MINOR IN THE VEHICLE. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 413. PENALTIES FOR USING A CELL PHONE WHILE 
DRIVING WITH A MINOR IN THE VEHICLE. 
‘‘(a) WITHHOLDING FUNDS FOR NONCOMPLIANCE.— 
The Secretary shall withhold 5 percent of the amount re-
quired to be apportioned to any State under each of para-
graphs (1), (3), and (4) of section 104(b) on October 1, 
2012, and on October 1 of each year thereafter, if the 
State has not enacted and implemented a law that meets 
the requirements of subsection (b) by that date. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) PROHIBITION ON CELL PHONE USE WHILE 
DRIVING.—A State law meets the requirements of 
subsection (b) if the law— 
‘‘(A) prohibits a driver from using a per-
sonal wireless communications device to conduct 
a telephone call or text while driving if there is 
a minor in the vehicle; 
VerDate Mar 15 2010 
03:20 Jul 19, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2575.IH
H2575
jbell on DSKDVH8Z91PROD with BILLS
‘‘(B) makes violation of the law a primary 
offense; 
‘‘(C) establishes— 
‘‘(i) minimum fines for a first viola-
tion of the law; and 
‘‘(ii) increased fines for repeat viola-
tions; and 
‘‘(D) provides for increased civil and crimi-
nal penalties than would otherwise apply if a 
vehicle accident is caused by a driver who is 
using a personal wireless communications device 
in violation of the law. 
‘‘(2) PERMITTED
EXCEPTIONS.—A law that 
meets the requirements of paragraphs (1) may pro-
vide exceptions for— 
‘‘(A) use of a hands-free device that en-
ables a driver, other than a driver who is a 
minor, to initiate, conduct, or receive a tele-
phone call without holding the hands-free device 
or the personal wireless communications device; 
‘‘(B) use of a personal wireless commu-
nications device by a driver to contact emer-
gency services; 
‘‘(C) use of a personal wireless communica-
tions device by emergency services personnel 
VerDate Mar 15 2010 
03:20 Jul 19, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2575.IH
H2575
jbell on DSKDVH8Z91PROD with BILLS
while operating an emergency services vehicle 
and engaged in the performance of their duties 
as emergency services personnel; and 
‘‘(D) use of a device by an individual em-
ployed as a commercial motor vehicle driver, or 
a school bus driver, within the scope of such in-
dividual’s employment if such use is permitted 
under the regulations promulgated pursuant to 
section 31152 of title 49. 
‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.— 
‘‘(1) PERIOD
OF
AVAILABILITY.—Any funds 
withheld under subsection (a) shall remain available 
until the end of the fiscal year for which the funds 
are authorized to be appropriated. 
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS 
AFTER COMPLIANCE.—If, before the last day of the 
fiscal year for which funds are withheld under sub-
section (a), the State enacts a law that meets the re-
quirements of subsection (b), the Secretary shall, on 
the first day on which the State meets the require-
ments, apportion to the State the funds withheld 
under subsection (a) for such State. 
‘‘(3) EFFECT OF NONCOMPLIANCE.—If, at the 
end of the period for which funds withheld under 
VerDate Mar 15 2010 
03:20 Jul 19, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2575.IH
H2575
jbell on DSKDVH8Z91PROD with BILLS
subsection (a) are available for apportionment to a 
State under paragraph (1), the State does not enact 
and implement a law that meets the requirements of 
subsection (b), the funds shall lapse. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) DRIVING.—The term ‘driving’ means oper-
ating a motor vehicle on a public road, including op-
eration while temporarily stationary because of traf-
fic, a traffic light or stop sign, or otherwise. It does 
not include operating a motor vehicle when the vehi-
cle has pulled over to the side of, or off, an active 
roadway and has stopped in a location where it can 
safely remain stationary. 
‘‘(2) HANDS-FREE DEVICE.—The term ‘hands- 
free device’ means a device that allows a driver to 
use a personal wireless communications device to ini-
tiate, conduct, or receive a telephone call without 
holding the personal wireless communications device. 
‘‘(3) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18. 
‘‘(4) PERSONAL
WIRELESS
COMMUNICATIONS 
DEVICE.—The term ‘personal wireless communica-
tions device’ means a device through which personal 
wireless 
services 
(as 
defined 
in 
section 
332(c)(7)(C)(i) of the Communications Act of 1934 
VerDate Mar 15 2010 
03:20 Jul 19, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2575.IH
H2575
jbell on DSKDVH8Z91PROD with BILLS
(47 U.S.C. 332(c)(7)(C)(i))) are transmitted. It does 
not include a global navigation satellite system re-
ceiver used for positioning, emergency notification, 
or navigation purposes. 
‘‘(5) PRIMARY OFFENSE.—The term ‘primary 
offense’ means an offense for which a law enforce-
ment officer may stop a vehicle solely for the pur-
pose of issuing a citation in the absence of evidence 
of another offense. 
‘‘(6) TEXT.—The term ‘text’ means reading 
from or manually entering data into a personal wire-
less communications device, including doing so for 
the purpose of SMS texting, e-mailing, instant mes-
saging, or engaging in any other form of electronic 
data retrieval or electronic data communication.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘413. Minimum penalties for using a cell phone while driving with a minor in 
the vehicle.’’. 
Æ 
VerDate Mar 15 2010 
03:20 Jul 19, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H2575.IH
H2575
jbell on DSKDVH8Z91PROD with BILLS