‘‘(B) requires, upon conviction of a viola-
tion of the prohibition under subparagraph (A), 
the imposition of penalties in accordance with 
the requirements for minimum penalties de-
scribed in the regulations issued under sub-
section (d). 
‘‘(2) EXCEPTIONS.—Paragraph (1)(A) does not 
apply if a wireless communication device is used— 
‘‘(A) for obtaining emergency assistance 
to— 
‘‘(i) report a traffic accident, medical 
emergency, or serious traffic hazard; or 
‘‘(ii) prevent a crime about to be com-
mitted; 
‘‘(B) in the reasonable belief that an indi-
vidual’s life or safety is in immediate danger; 
‘‘(C) in an authorized emergency vehicle 
while in the performance of official duties; 
‘‘(D) when a motor vehicle is stopped and 
the driver has the motor vehicle transmission in 
neutral or park; and 
‘‘(E) in other circumstances, as identified 
by the Secretary by regulation, in which use of 
a wireless communication device does not ad-
versely affect safety. 
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‘‘(c) RECOVERY OF FUNDS WITHHELD.—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 under 
subsection (b), the apportionment of the State shall be in-
creased by an amount equal to the amount withheld. If, 
at the end of such 4-year period, a State does not meet 
the requirement under subsection (b) any amounts so 
withheld from the State shall lapse. 
‘‘(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 re-
quirements for minimum penalties for violations of the 
prohibition under subsection (b)(1)(A) that— 
‘‘(1) specify a minimum penalty for a first of-
fense; and 
‘‘(2) stipulate that penalties shall be graduated 
for repeated offenses. 
‘‘(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. 
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‘‘(B) INCLUSIONS.—The term ‘electronic 
message’ includes an email, a text message, an 
instant message, a command or request to ac-
cess a World Wide Web page, or other data 
that uses a commonly recognized electronic 
communications protocol. The term does not in-
clude data transmitted automatically by a wire-
less communication device without direct initi-
ation by an individual. 
‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ has the same meaning given the term in section 
154(a). 
‘‘(3) SCHOOL ZONE.— 
‘‘(A) IN
GENERAL.—The term ‘school 
zone’ means— 
‘‘(i) in or on the grounds of a public, 
parochial, or private school; or 
‘‘(ii) within a distance of 1,000 feet 
from the grounds of a public, parochial, or 
private school. 
‘‘(B) STATE DEFINITIONS.—With respect 
to a State, the Secretary may substitute, for the 
definition under subparagraph (A), a definition 
of the term ‘school zone’ established by the 
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State if the Secretary determines that such sub-
stitution is appropriate. 
‘‘(4) WIRELESS COMMUNICATION DEVICE.— 
‘‘(A) IN
GENERAL.—The term ‘wireless 
communication device’ means a mobile tele-
phone or other portable electronic device with 
which a user may engage in a call or compose, 
send, or read an electronic message. 
‘‘(B) EXCLUSION.—The term does not in-
clude a device that is permanently affixed to the 
motor 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. Wireless communication device use while operating a motor vehicle in a 
school zone.’’. 
Æ 
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