[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1706 Introduced in Senate (IS)]







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.

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

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

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 153 the following:
``Sec. 154. Ban on sale of alcohol through drive-up or drive-through 
              sales windows
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2000.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any State 
        under each of paragraphs (1)(A), (1)(C), and (3) of section 
        104(b) on October 1, 1999, if the State does not meet the 
        requirements of paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall 
        withhold 10 percent (including any amounts withheld under 
        paragraph (1)) of the amount required to be apportioned to any 
        State under each of paragraphs (1)(A), (1)(C), and (3) of 
        section 104(b) on October 1, 2000, and on October 1 of each 
        fiscal year thereafter, if the State does not meet the 
        requirements of paragraph (3) on that date.
            ``(3) Requirements.--A State meets the requirements of this 
        paragraph if the State has enacted and is enforcing a law 
        (including a regulation) that bans the sale of alcohol through 
        a drive-up or drive-through sales window.
    ``(b) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30, 
                2002.--Any funds withheld under subsection (a) from 
                apportionment to any State on or before September 30, 
                2002, shall remain available until the end of the third 
                fiscal year following the fiscal year for which the 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2002.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2002, shall be available 
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1)(A), the State 
        meets the requirements of subsection (a)(3), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--
                    ``(A) In general.--Any funds apportioned under 
                paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Sums not 
                obligated at the end of the period referred to in 
                subparagraph (A) shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirements of 
        subsection (a)(3), the funds shall lapse.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 153 the following:

``154. Ban on sale of alcohol through drive-up or drive-through sales 
                            windows.''.
                                 <all>