Sec. 1402. OPEN CONTAINER REQUIREMENTS

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## SEC. 1402 OPEN CONTAINER REQUIREMENTS Section 154(c) of title 23, United States Code, is amended— ####

(1)by striking paragraph

(2)and inserting the following: > > #### “(2) Fiscal year 2012 and thereafter > > > ##### “(A) Reservation of funds > > On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs

(1)and

(2)of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs

(A)and

(B)of paragraph

(1)and paragraph (3). > > > ##### “(B) Transfer of funds > > As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall— > > > ###### “(i) > > transfer the reserved funds identified by the State for use as described in subparagraphs

(A)and

(B)of paragraph

(1)to the apportionment of the State under section 402; and > > > ###### “(ii) > > release the reserved funds identified by the State as described in paragraph (3).” > ; ####

(2)by striking paragraph

(3)and inserting the following: > > #### “(3) Use for highway safety improvement program > > > ##### “(A) In general > > A State may elect to use all or a portion of the funds transferred under paragraph

(2)for activities eligible under section 148. > > > ##### “(B) State departments of transportation > > If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.” > ; and ####

(3)by striking paragraph

(5)and inserting the following: > > #### “(5) Derivation of amount to be transferred > > The amount to be transferred under paragraph

(2)may be derived from the following: > > > ##### “(A) > > The apportionment of the State under section 104(b)(l). > > > ##### “(B) > > The apportionment of the State under section 104(b)(2).” > .