[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Introduced in Senate (IS)]

  1st Session
                                S. 1353

   To amend title 23, United States Code, to require the transfer of 
 certain Federal highway funds to a State highway safety program if a 
  State fails to prohibit open containers of alcoholic beverages and 
   consumption of alcoholic beverages in the passenger area of motor 
                   vehicles, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 18), 1995

 Mr. Dorgan (for himself, Mr. Bumpers, Mr. DeWine, and Mr. Lautenberg) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend title 23, United States Code, to require the transfer of 
 certain Federal highway funds to a State highway safety program if a 
  State fails to prohibit open containers of alcoholic beverages and 
   consumption of alcoholic beverages in the passenger area of motor 
                   vehicles, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Drunk Driving Prevention 
Act of 1995''.

SEC. 2. OPEN CONTAINER LAWS.

    (a) Establishment.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 161. Open container requirements
    ``(a) Penalty.--
            ``(1) General rule.--
                    ``(A) Fiscal year 2000.--If, at any time in fiscal 
                year 2000, a State does not have in effect a law 
                described in subsection (b), the Secretary shall 
                transfer 1.5 percent of the funds apportioned to the 
                State for fiscal year 2001 under each of paragraphs 
                (1), (2), and (3) of section 104(b) to the 
                apportionment of the State under section 402.
                    ``(B) Fiscal years thereafter.--If, at any time in 
                a fiscal year beginning after September 30, 2000, a 
                State does not have in effect a law described in 
                subsection (b), the Secretary shall transfer 3 percent 
                of the funds apportioned to the State for the 
                succeeding fiscal year under each of paragraphs (1), 
                (2), and (3) of section 104(b) to the apportionment of 
                the State under section 402.
    ``(b) Open Container Laws.--For the purposes of this section, each 
State shall have in effect a law that prohibits the possession of any 
open alcoholic beverage container, or the consumption of any alcoholic 
beverage, in the passenger area of any motor vehicle (including 
possession or consumption by the driver of the vehicle) located on a 
public highway, or the right-of-way of a public highway, in the State. 
If a State has in effect a law that makes the possession of any open 
alcoholic beverage container unlawful in the passenger area by the 
driver (but not by a passenger) of a motor vehicle designed to 
transport more than 10 passengers (including the driver) while being 
used to provide charter transportation of passengers, the State shall 
be deemed in compliance with subsection (a) with respect to the motor 
vehicle for each fiscal year during which the law is in effect.
    ``(c) Federal Share.--The Federal share of the cost of any project 
carried out under section 402 with funds transferred under subsection 
(a) to the apportionment of a State under section 402 shall be 100 
percent.
    ``(d) Transfer of Obligation Authority.--If the Secretary transfers 
under subsection (a) any funds to the apportionment of a State under 
section 402 for a fiscal year, the Secretary shall allocate an amount 
of obligation authority distributed for the fiscal year to the State 
for Federal-aid highways and highway safety construction programs for 
carrying out only projects under section 402 that is determined by 
multiplying--
            ``(1) the amount of funds transferred under subsection (a) 
        to the apportionment of the State under section 402 for the 
        fiscal year; and
            ``(2) the ratio of the amount of obligation authority 
        distributed for the fiscal year to the State for Federal-aid 
        highways and highway safety construction programs to the total 
        of the sums apportioned to the State for Federal-aid highways 
        and highway safety construction (excluding sums not subject to 
        any obligation limitation) for the fiscal year.
    ``(e) Limitation on Applicability of Highway Safety Obligations.--
Notwithstanding any other law, no limitation on the total of 
obligations for highway safety programs carried out by the Secretary 
under section 402 shall apply to funds transferred under subsection (a) 
to the apportionment of a State under section 402.
    ``(f) Definitions.--In this section:
            ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
        has the meaning provided in section 158(c).
            ``(2) Motor vehicle.--The term `motor vehicle' has the 
        meaning provided in section 154(b).
            ``(3) Open alcoholic beverage container.--The term `open 
        alcoholic beverage container' has the meaning provided in 
        section 410.
            ``(4) Passenger area.--The term `passenger area' shall have 
        the meaning provided by the Secretary by regulation.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``161. Open container requirements.''.
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