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<br />6 <br />1 retrieval of a text message, respectively, to commu- <br />2 nicate with any person or device. <br />3 "(b) WITHHOLDING OF APPORTION:YlENTS I<~OR NON- <br />4 COMPLIANCE.- <br />5 "(1) IN GENERAh-On October 1 of the second <br />6 fiscal year beginning after the date of promulgation <br />7 of the regulations under subsection (d), and annually <br />8 thereafter, the Secretary shall withhold 25 percent <br />9 of the amount required to be apportioned to any <br />10 State under each of paragraphs (1), (3), and (4) of <br />11 section 1 04(b) for the fiscal year if the Secretary de- <br />12 termines that the State does not meet the reqmre- <br />13 ment under paragraph (2) as of that date. <br />14 "(2) REQUIRE:\iENT.-A State shall meet the <br />15 requirement under this paragraph if the State has <br />16 enacted and is enforcing a law that- <br />17 "(A) except in the event of an emergency, <br />18 prohibits an operator of a moving motor vehicle <br />19 from writing, sending, or reading a text mes- <br />20 sage using a hand-held mobile telephone; and <br />21 "(B) requires, upon conviction of a viola- <br />22 tion of that prohibition, the imposition of pen- <br />23 alties in aecordance with the requirements for <br />24 minimum penalties described in the regulations <br />25 promulgated under subsection (d). <br /> <br />.S 1536 IS <br />