Section 154 transfer program: open container (23 C.F.R. Part 1270; 23 U.S.C. § 154) ― penalty transfer funds to support alcohol and drug-impaired driving countermeasures in states that fail to enact…

The National Highway Traffic Safety Administration awarded the State of Delaware Department of Safety & Homeland Security $1,475,171 in Section 154 Open Container Transfer Funds on October 1, 2025, to support alcohol and drug-impaired driving countermeasures as penalty funds under the Alcohol Open Container Requirements program (CFDA 20.607).

Delaware received these funds as a result of the state's failure to enact and enforce a conforming open container law prohibiting possession or consumption of open alcoholic beverages in the passenger area of motor vehicles on public highways. The award obligates $1,475,171 through the period of performance ending September 30, 2029. Work is performed in Leipsic, Delaware.

Under Section 154 of 23 U.S.C., states that do not comply with the open container requirement are subject to a reservation of 2.5 percent of federal-aid highway funds apportioned for the National Highway Performance Program and the Surface Transportation Block Grant Program. States may elect to transfer a portion of these reserved funds to NHTSA for impaired driving countermeasures. The federal share is reimbursed on claims submitted in vouchers covering costs incurred. The recipient must retain records for three years following submission of final expenditure reports and other project deliverables.

Section 154 transfer program: open container (23 C.F.R. Part 1270; 23 U.S.C. § 154) ― penalty transfer funds to support alcohol and drug-impaired driving countermeasures in states that fail to enact and enforce conforming open alcohol container laws. Under section 154, to avoid the transfer of funds, a state must enact and enforce an open container 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. 23 U.S.C. 154(B)(1)