text: 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.''.
target: 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.
feat_title: To amend title 23, United States Code, to establish national standards to prevent distracted driving, and for other purposes.