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104TH CONGRESS

1ST SESSION H. R. 2328

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

SEPTEMBER 13, 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 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘Jeramy’s Act’’.

5 SEC. 2. NATIONAL MINIMUM DRINKING AGE.

6 Section 158 of title 23, United States Code, is

7 amended—

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

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

10 ‘‘pursuant to subsection (a)’’;
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1 (2) by redesignating subsection (c) as sub2 section (e); and

3 (3) by inserting after subsection (b) the follow4 ing new subsections:

5 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI6 ANCE WITH RESPECT TO SALE OF ALCOHOLIC BEV7 ERAGES.—

8 ‘‘(1) FIRST YEAR.—The Secretary shall with9 hold 5 percent of the amount required to be appor10 tioned to any State under each of sections

11 104(b)(1), 104(b)(3), and 104(b)(5) of this title on

12 the first day of the fiscal year succeeding the first

13 fiscal year beginning after September 30, 1998, in

14 which the sale in such State of any alcoholic bev15 erage to a person who is less than 21 years of age

16 is lawful.

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

18 shall withhold 10 percent of the amount required to

19 be apportioned to any State under each of sections

20 104(b)(1), 104(b)(3), and 104(b)(5) of this title on

21 the first day of each fiscal year after the second fis22 cal year beginning after September 30, 1997, in

23 which the sale in such State of any alcoholic bev24 erage to a person who is less than 21 years of age

25 is lawful.
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1 ‘‘(d) PERIOD OF AVAILABILITY; EFFECT OF COMPLI2 ANCE AND NONCOMPLIANCE.—

3 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

4 FUNDS.—

5 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

6 SEPTEMBER 30, 2000.—Any funds withheld pur7 suant to subsection (c) from apportionment to

8 any State on or before September 30, 2000,

9 shall remain available for apportionment to

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

11 following the fiscal year for which such funds

12 are authorized to be appropriated.

13 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM14 BER 30, 2000.—No funds withheld pursuant to

15 subsection (c) from apportionment to any State

16 after September 30, 2000, shall be available for

17 apportionment to such State.

18 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

20 period for which funds withheld pursuant to sub21 section (c) from apportionment are to remain avail22 able for apportionment to a State under paragraph

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

24 compliance with subsection (c), the Secretary shall

25 on the day following the effective date of such law
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1 apportion to such State the withheld funds remain2 ing available for apportionment to such State.

3 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE4 QUENTLY APPORTIONED FUNDS.—Any funds appor5 tioned pursuant to paragraph (2) shall remain avail6 able for expenditure until the end of the 3rd fiscal

7 year succeeding the fiscal year in which such funds

8 are so apportioned. Sums not obligated at the end

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

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

11 shall lapse and be made available by the Secretary

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

13 this title.

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

15 end of the period for which funds withheld under

16 this section from apportionment are available for ap17 portionment to a State under paragraph (1), the

18 State has not made effective a law which is in com19 pliance with subsection (a), such funds shall lapse

20 or, in the case of funds withheld from apportionment

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

22 shall lapse and be made available by the Secretary

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

24 this title.’’.

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