II

105TH CONGRESS

2D SESSION S. 1706

To amend title 23, United States Code, to encourage States to enact laws

that ban the sale of alcohol through a drive-up or drive-through sales window.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1998

Mr. BINGAMAN introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To amend title 23, United States Code, to encourage States

to enact laws that ban the sale of alcohol through a

drive-up or drive-through sales window.

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

3 SECTION 1. BAN ON SALE OF ALCOHOL THROUGH DRIVE4 UP OR DRIVE-THROUGH SALES WINDOWS.

5 (a) IN GENERAL.—Chapter 1 of title 23, United

6 States Code, is amended by inserting after section 153 the

7 following:
2

•S 1706 IS

1 ‘‘§ 154. Ban on sale of alcohol through drive-up or

2 drive-through sales windows

3 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON4 COMPLIANCE.—

5 ‘‘(1) FISCAL YEAR 2000.—The Secretary shall

6 withhold 5 percent of the amount required to be ap7 portioned to any State under each of paragraphs

8 (1)(A), (1)(C), and (3) of section 104(b) on October

9 1, 1999, if the State does not meet the requirements

10 of paragraph (3) on that date.

11 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec12 retary shall withhold 10 percent (including any

13 amounts withheld under paragraph (1)) of the

14 amount required to be apportioned to any State

15 under each of paragraphs (1)(A), (1)(C), and (3) of

16 section 104(b) on October 1, 2000, and on October

17 1 of each fiscal year thereafter, if the State does not

18 meet the requirements of paragraph (3) on that

19 date.

20 ‘‘(3) REQUIREMENTS.—A State meets the re21 quirements of this paragraph if the State has en22 acted and is enforcing a law (including a regulation)

23 that bans the sale of alcohol through a drive-up or

24 drive-through sales window.

25 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI26 ANCE AND NONCOMPLIANCE.—
3

•S 1706 IS

1 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS.—

3 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

4 SEPTEMBER 30, 2002.—Any funds withheld

5 under subsection (a) from apportionment to any

6 State on or before September 30, 2002, shall

7 remain available until the end of the third fiscal

8 year following the fiscal year for which the

9 funds are authorized to be appropriated.

10 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM11 BER 30, 2002.—No funds withheld under this

12 section from apportionment to any State after

13 September 30, 2002, shall be available for ap14 portionment to the State.

15 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

17 period for which funds withheld under subsection (a)

18 from apportionment are to remain available for ap19 portionment to a State under paragraph (1)(A), the

20 State meets the requirements of subsection (a)(3),

21 the Secretary shall, on the first day on which the

22 State meets the requirements, apportion to the State

23 the funds withheld under subsection (a) that remain

24 available for apportionment to the State.
4

•S 1706 IS

1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—

3 ‘‘(A) IN GENERAL.—Any funds appor4 tioned under paragraph (2) shall remain avail5 able for expenditure until the end of the third

6 fiscal year following the fiscal year in which the

7 funds are so apportioned.

8 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

9 Sums not obligated at the end of the period re10 ferred to in subparagraph (A) shall lapse.

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

12 end of the period for which funds withheld under

13 subsection (a) from apportionment are available for

14 apportionment to a State under paragraph (1), the

15 State does not meet the requirements of subsection

16 (a)(3), the funds shall lapse.’’.

17 (b) CONFORMING AMENDMENT.—The analysis for

18 chapter 1 of title 23, United States Code, is amended by

19 inserting after the item relating to section 153 the follow20 ing:

‘‘154. Ban on sale of alcohol through drive-up or drive-through sales windows.’’.

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