Fighting Occupied Cell Use So Everyone Drives More Safely Act of 2015

“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 vehicle has the meaning given the term in section 154(a).

“(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.”