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

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.