[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12300-S12301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Mr. Lautenberg, Mr. Bumpers, Mr. 
        Conrad, and Mr. Wellstone):
  S. 1498. A bill to require States to adopt laws prohibiting open 
alcoholic containers in automobiles; to the Committee on Environment 
and Public Works.


               the national drunk driving protection act

  Mr. DORGAN. Mr. President, today I am introducing legislation to 
combat our Nation's continual problem with drunk driving. This problem, 
that attacks young and old alike, is multifaceted and must be combating 
on several fronts. My bill addresses the need to take alcohol out of 
automobiles by establishing a national policy prohibiting open alcohol 
containers in automobiles.
  To put this problem in perspective, an average of one person every 
half hour dies as a result of drunk driving, and that worked out to be 
17,272 alcohol-related fatalities in 1996 according to the Department 
of Transportation. This figure is over 40 percent of the total number 
of traffic fatalities in the United States. The sad irony in these 
statistics is that drunk driving is a preventable problem.
  Even more heart wrenching is that drunk driving is killing a 
disproportionate amount of our youth and young adults. In 1995, while 
30 percent of our driving population was between the ages of 21-34, 50 
percent of the fatalities and 50 percent of the drunk driving injuries 
were in this age group. That amounted to 6,760 dead and 95,800 injured 
young adults.
  One way we must combat drunk driving is to ban the consumption of 
alcohol in automobiles. According to the National Highway Traffic 
Safety Administration, in 22 States it is still legal for passengers in 
a vehicle to be drinking while the vehicle is in operation. And in 10 
States, it is perfectly legal for a driver of a car to have one hand on 
the steering wheel and drinking a bottle of whisky in the other. It 
seems inexcusable to me that we have a circumstance in this country 
where citizens cannot be assured that in every State and in every local 
jurisdiction in the Nation that there are not laws against people 
drinking and driving at the same time. This legislation will provide 
that assurance and prohibit open containers in every State.
  I hope that the Senate will have a good debate on drunk driving 
issues early next year when we return to debate the reauthorization of 
the Intermodal Surface Transportation Efficiency Act [ISTEA]. I intend 
to offer this legislation as amendment to the ISTEA reauthorization and 
I urge my colleagues to support this effort.
  I ask unanimous consent that the 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. 1498

       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 
     Protection Act''.

     SECTION 2. OPEN CONTAINER LAWS.

       (a) Establishment.--Chapter I of title 23, United States 
     Code, is amended by inserting after section 153 the 
     following:

     ``Sec. 154. Open container requirements

       ``(a) Definitions.--In this section:
       ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
     has the meaning given the term in section 158(c).
       ``(2) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for use on public highways, but does not include a 
     vehicle operated exclusively on a rail or rails.
       ``(3) Open alcoholic beverage container.--The term `open 
     alcoholic beverage container' has the meaning given the term 
     in section 410(i).
       ``(4) Passenger area.--The term `passenger area' shall have 
     the meaning given the term by the Secretary by regulation.
       ``(b) 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 (c), the Secretary shall transfer 1.5 percent of 
     the funds apportioned to the State for fiscal year 2001 under 
     each of paragraphs (1)(A), (1)(C), 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 (c), the 
     Secretary shall transfer 3 percent of the funds apportioned 
     to the State for the following fiscal year under each of 
     paragraphs (1)(A), (1)(C), and (3) of section 104(b) to the 
     apportionment of the State under section 402.
       ``(c) Open Container Laws.--
       ``(1) In general.--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.
       ``(2) Motor vehicles designed to transport many 
     passengers.--For the purposes of this section, if a State has 
     in effect a law that makes unlawful the possession of any 
     open alcoholic beverage container 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 to have in effect a law 
     described in this subsection with respect to such a motor 
     vehicle for each fiscal year during which the law is in 
     effect.
       ``(d) Federal Share.--The Federal share of the cost of a 
     project carried out under section 402 with funds transferred 
     under subsection (b) to the apportionment of a State under 
     section 402 shall be 100 percent.
       ``(e) Transfer of Obligation Authority.--
       ``(1) In general.--If the Secretary transfers under 
     subsection (b) any funds to the apportionment of a State 
     under section 402 for a fiscal year, the Secretary shall 
     allocate to

[[Page S12301]]

     the State an amount, determined under paragraph (2), of 
     obligation authority distributed for the fiscal year for 
     Federal-aid highways and highway safety construction programs 
     for carrying out projects under section 402.
       ``(2) Amount.--The amount of obligation authority referred 
     to in paragraph (1) shall be determined by multiplying--
       ``(A) the amount of funds transferred under subsection (b) 
     to the apportionment of the State under section 402 for the 
     fiscal year; by
       ``(B) the ratio that--
       ``(i) the amount of obligation authority distributed for 
     the fiscal year to the State for Federal-aid highways and 
     highway safety construction programs; bears to
       ``(ii) the total of the sums apportioned to the State for 
     Federal-aid highways and highway safety construction programs 
     (excluding sums not subject to any obligation limitation) for 
     the fiscal year.
       ``(f) Limitation on Applicability of Highway Safety 
     Obligations.--Notwithstanding any other provision of law, no 
     limitation on the total of obligations for highway safety 
     programs under section 402 shall apply to funds transferred 
     under subsection (b) to the apportionment of a State under 
     section 402.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 153 the following:

``154. Open container requirements.''

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