article: SECTION 1. NATIONAL STANDARDS TO PREVENT DISTRACTED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. National standards to prevent distracted driving ``(a) Penalty.--On October 1, 2011, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) an amount equal to the amount specified in subsection (c). ``(b) Requirement.-- ``(1) In general.--A State meets the requirement of this subsection if the State has enacted and is enforcing a law that prohibits a person from operating a motor vehicle in the State while the person is using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or part of traffic. ``(2) Exceptions.--Paragraph (1) does not apply if a wireless communications device is used-- ``(A) solely in a voice-activated or other hands- free mode; ``(B) for making a cellular phone call; ``(C) for obtaining emergency assistance to-- ``(i) report a traffic accident, medical emergency, or serious traffic hazard; or ``(ii) prevent a crime about to be committed; ``(D) in the reasonable belief that a person's life or safety is in immediate danger; ``(E) in an authorized emergency vehicle while in the performance of official duties; ``(F) when a motor vehicle is stopped and the driver has the motor vehicle transmission in neutral or park; and ``(G) in other circumstances, as identified by the Secretary by regulation, in which use of a wireless communications device does not adversely affect safety. ``(c) Amount To Be Withheld.--If a State is subject to a penalty under subsection (a), the Secretary shall withhold for a fiscal year from the apportionments of the State described in subsection (a) an amount equal to a percentage of the funds apportioned to the State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal year 2009. The percentage shall be as follows: ``(1) For fiscal year 2012, 2 percent. ``(2) For fiscal year 2013, 4 percent. ``(3) For fiscal year 2014, 6 percent. ``(4) For fiscal year 2015, and each fiscal year thereafter, 8 percent. ``(d) Effect of Compliance and Noncompliance.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the Secretary determines that the State meets the requirement of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, a State does not meet the requirement of subsection (b) any amounts so withheld from the State shall lapse. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Electronic message.-- ``(A) In general.--The term `electronic message' means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ``(B) Inclusions.--The term includes e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person. ``(2) Wireless communications device.-- ``(A) In general.--The term `wireless communications device' means-- ``(i) a cellular phone; or ``(ii) a portable electronic device that is capable of receiving and transmitting data, including to text messages and e-mail, without an access line for service. ``(B) Exclusion.--The term does not include a device that is permanently affixed to the vehicle, including a global positioning system or navigation system.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. National standards to prevent distracted driving.''.
summary: Requires the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway program funds for FY2012-FY2015, and thereafter, if the state has not enacted or is not enforcing a law that prohibits, with specified exceptions, a person from using a wireless communications device to compose, read, or send an electronic message while operating a motor vehicle that is in motion or part of traffic.