[Congressional Record Volume 141, Number 163 (Friday, October 20, 1995)]
[Senate]
[Pages S15406-S15407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Mr. Bumpers, Mr. DeWine, and Mr. 
        Lautenberg):
  S. 1353. 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; to the Committee on 
Environment and Public Works.


               The National Drunk Driving Prevention Act

 Mr. DORGAN. Mr. President, I rise today to offer the National 
Drunk Driving Prevention Act which will put an end to our Nation' s 
policy of tolerating open alcoholic containers in vehicles. I am 
pleased that a strong bipartisan group of my colleagues are joining me 
in this effort as original cosponsors: Senator Boxer, Senator Bumpers, 
Senator Chafee, Senator DeWine, Senator Lautenberg, and Senator Murray.
  According to the National Highway Traffic Safety Administration, it 
is still legal in 26 States in this country for passengers in a vehicle 
to have open containers of alcoholic beverages in vehicles while the 
vehicle is in operation. In six States it is perfectly legal for a 
driver of a car to put one hand on the steering wheel and with the 
other, grab a bottle of whisky and drive off drinking. In my judgment, 
this is unacceptable.
  It seems to me that we should make it a matter of national policy 
that there ought to be a strict separation between drinking and 
driving. By tolerating drinking of alcoholic beverages in cars we are 
ignoring one of the most deadly causes of traffic deaths in this 
country--people drinking while they drive.
  During the period 1982 through 1993, approximately 266,000 persons 
lost their lives in alcohol-related traffic accidents. In 1993, over 
17,000 people died on our Nation's roads in alcohol-related accidents--
that's an average of 1 every 30 minutes. That figure is about 40 
percent of the total number of traffic fatalities in the United States 
in 1993. The National Highway Transportation Safety Administration 
[NHTSA], estimates that over 1 million persons a year are injured in 
alcohol-related crashes--an average of 1 person every 26 seconds.
  Especially disturbing is the fact that drunk driving is a major 
killer of youths. According to the National Commission Against Drunk 
Driving, alcohol-related traffic fatalities hit the youth more than any 
other group. In 1993, youths were killed at a rate of 11 alcohol-
related traffic fatalities per 100,000 license drivers compared to 8 
per 100,000 for adult drivers. Traffic crashes are the greatest single 
cause of death for every age between the ages of 6 and 32--almost half 
of these crashes are alcohol-related.
  This legislation would make the roads throughout the Nation safer by 
requiring all States to enact open container laws. If a State does not 
comply within 4 years, 1.5 percent of its Federal highway construction 
funds would be transferred to its Federal allocation of highway safety 
funds.
  The 1991 ISTEA legislation--Intermodal Surface Transportation and 
Efficiency Act--authorized incentive grants to States which would allow 
States a 5-percent increase in highway traffic safety allocations if 
that State has enacted legislation prohibiting open containers. The 
fact is that incentive grants have not worked--over half of the States 
continue to permit open containers in vehicles. I think the results 
speak for themselves.
  It seems to me that stronger efforts must be made. Since half the 
States have not enacted open container laws, the Congress must do 
something at the Federal level to urge States to take action. Incentive 
grants have been available for some time and we seem to have not made 
much progress under that approach.
  Earlier this year, I offered an amendment to S. 440, the National 
Highways Systems Designation Act, which was very similar to this 
legislation. This bill differs in that it provides States with 2 more 
years to comply. Under this legislation, States would have until 1999 
to enact laws prohibiting open containers in vehicles.
  Drinking and driving cannot be seen as a personal moral decision. 
When someone decides to drink and drive, that person is not simply 
putting himself and others in danger. That person is a threat to 
innocent drivers, passengers, and pedestrians. The odds are that 2 out 
of every 5 Americans will be involved in an alcohol-related traffic 
accident, regardless of their drinking habits.
  The fact is that every third drunk driving fatality is an innocent 
victim--a nondrinking driver, passenger, or pedestrian. Under the 
Intermodal Surface Transportation Efficiency Act of 1991, the Federal 
Government is requiring States to enact laws requiring the use of seat 
belts and helmets, which are matters of personal safety, in the 
interest of traffic safety. Allowing individuals to mix drinking and 
driving is not just a matter of personal safety--it is a matter of 
public safety with serious public concerns. All the more reason, I 
believe, for the Congress to require States to address this concern.
  This legislation takes a positive step and makes good public policy. 
This bill provides a strong incentive for States to enact laws 
prohibiting the insane behavior of drinking in a moving vehicle. If 
States fail to comply, States would not lose any Federal funds. Rather, 
States would have 1.5 percent--in fiscal year 1999--or 3 percent--in 
any fiscal years thereafter--transferred to its Federal allocation of 
highway safety funds.
  I urge my colleagues to support this legislation and I ask unanimous 
consent that the full text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1353

       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 

[[Page S15407]]
     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) Alocoholic 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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