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104TH CONGRESS

1ST SESSION H. R. 2088

To amend title 23, United States Code, relating to the sale of alcoholic

beverages to persons who are less than 21 years of age.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1995

Mr. STOCKMAN introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, relating to the sale

of alcoholic beverages to persons who are less than 21

years of age.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 158 of title 23, United States Code, is

4 amended—

5 (1) in subsections (b)(1)(A), (b)(1)(B), and

6 (b)(2) by striking ‘‘under this section’’ and inserting

7 ‘‘pursuant to subsection (a)’’;

8 (2) by redesignating subsection (c) as sub9 section (e); and
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1 (3) by inserting after subsection (b) the follow2 ing new subsections:

3 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI4 ANCE WITH RESPECT TO SALE OF ALCOHOLIC BEV5 ERAGES.—

6 ‘‘(1) FIRST YEAR.—The Secretary shall with7 hold 5 percent of the amount required to be appor8 tioned to any State under each of sections

9 104(b)(1), 104(b)(3), and 104(b)(5) of this title on

10 the first day of the fiscal year succeeding the first

11 fiscal year beginning after September 30, 1998, in

12 which the sale in such State of any alcoholic bev13 erage to a person who is less than 21 years of age

14 is lawful.

15 ‘‘(2) AFTER THE FIRST YEAR.—The Secretary

16 shall withhold 10 percent of the amount required to

17 be apportioned to any State under each of sections

18 104(b)(1), 104(b)(3), and 104(b)(5) of this title on

19 the first day of each fiscal year after the second fis20 cal year beginning after September 30, 1997, in

21 which the sale in such State of any alcoholic bev22 erage to a person who is less than 21 years of age

23 is lawful.

24 ‘‘(d) PERIOD OF AVAILABILITY; EFFECT OF COMPLI25 ANCE AND NONCOMPLIANCE.—
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1 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS.—

3 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

4 SEPTEMBER 30, 2000.—Any funds withheld pur5 suant to subsection (c) from apportionment to

6 any State on or before September 30, 2000,

7 shall remain available for apportionment to

8 such State until the end of the 3rd fiscal year

9 following the fiscal year for which such funds

10 are authorized to be appropriated.

11 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM12 BER 30, 2000.—No funds withheld pursuant to

13 subsection (c) from apportionment to any State

14 after September 30, 2000, shall be available for

15 apportionment to such State.

16 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

17 AFTER COMPLIANCE.—If, before the last day of the

18 period for which funds withheld pursuant to sub19 section (c) from apportionment are to remain avail20 able for apportionment to a State under paragraph

21 (1)(A), the State makes effective a law which is in

22 compliance with subsection (c), the Secretary shall

23 on the day following the effective date of such law

24 apportion to such State the withheld funds remain25 ing available for apportionment to such State.
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1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—Any funds appor3 tioned pursuant to paragraph (2) shall remain avail4 able for expenditure until the end of the 3rd fiscal

5 year succeeding the fiscal year in which such funds

6 are so apportioned. Sums not obligated at the end

7 of such period shall lapse or, in the case of funds

8 apportioned under section 104(b)(5) of this title,

9 shall lapse and be made available by the Secretary

10 for projects in accordance with section 118(c)(2) of

11 this title.

12 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

13 end of the period for which funds withheld under

14 this section from apportionment are available for ap15 portionment to a State under paragraph (1), the

16 State has not made effective a law which is in com17 pliance with subsection (a), such funds shall lapse

18 or, in the case of funds withheld from apportionment

19 under section 104(b)(5) of this title, such funds

20 shall lapse and be made available by the Secretary

21 for projects in accordance with section 118(c)(2) of

22 this title.’’.

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