H.R.3829 - Fighting Occupied Cell Use So Everyone Drives More Safely Act of 2009
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.
One Moment Please
Loading Bill Text
Rollover any line of text to comment and/or link to it.
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.CommentsClose CommentsPermalink
Mr. BRADY of Pennsylvania introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
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 following:CommentsClose CommentsPermalink
‘Sec. 167. Operation of motor vehicles while using a communication device
‘(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.CommentsClose CommentsPermalink
‘(2) MOTOR VEHICLE- The term ‘motor vehicle’ has the meaning given the term in section 154(a).CommentsClose CommentsPermalink
‘(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 determines that the State does not satisfy the requirement under paragraph (2) of this subsection as of that date.CommentsClose CommentsPermalink
‘(2) REQUIREMENT- A State satisfies the requirement under this paragraph if the State has enacted and is enforcing a law that--CommentsClose CommentsPermalink
‘(A) except in the event of an emergency, prohibits an operator of a moving motor vehicle from--CommentsClose CommentsPermalink
‘(ii) utilizing a hand-held communication device if such operator is 21 years of age or older; andCommentsClose CommentsPermalink
‘(B) requires, upon conviction of a violation of a prohibition under subparagraph (A), the imposition of penalties in accordance with the requirements for minimum penalties described in the regulations issued under subsection (d).CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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 requirements for minimum penalties for violations of a prohibition under subsection (b)(2)(A) that--CommentsClose CommentsPermalink
OpenCongress is a free and open-source project of the Participatory Politics Foundation, a 501(c)3 non-profit organization with a mission to increase civic engagement. The non-profit Sunlight Foundation is the Founding and Primary Supporter of OpenCongress.
U.S. Congress - Text of H.R.3829 as Introduced in House Fighting Occupied Cell Use So Everyone Drives More Safely Act of 2009
