TABLE OF CONTENTS:
Title I: Children and Alcohol Advertising
Title II: Higher Education and Alcohol Abuse Prevention
Title III: Deductions for Alcohol Advertising or Promotion
Title IV: Promotion of Alcoholic Beverages
Title V: Alcohol Advertising
Title VI: Health Warnings
Title VII: Ingredient Labeling for Malt Beverages, Wine, and
Distilled Spirits
Comprehensive Alcohol Abuse Prevention Act of 1997 - Title I: Children and Alcohol Advertising - Children's Protection from Alcohol Advertising Act of 1996 - Prohibits advertising or promoting alcoholic beverages on any audio tape, audio disc, videotape, video arcade game, computer game, or film. Prohibits outdoor advertising of alcoholic beverages within 1000 feet of any school, playground, or other public facility where individuals under 21 are reasonably expected to convene. Restricts alcohol print advertising in publications with an under-21 readership of 15 percent or more than two million to text only in black and white print. Limits alcohol television broadcast advertising between 7 a.m. and 10 p.m. to a picture of the beverage with factual, objective audio information. Mandates criminal fines and allows injunctions.
Requires that alcohol manufacturers sponsoring events be identified in the corporate (not brand) name. Prohibits manufacturing or distributing non-beverage products with an identifiable brand of an alcoholic beverage manufacturer (but allows the corporate name).
Title II: Higher Education and Alcohol Abuse Prevention - College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies.
Requires that identification, referral, or treatment of students and employees under such programs not jeopardize their matriculation status or employment.
Requires specified items under such programs to be developed and adopted with student and employee participation.
Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan.
Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education.
Make a conforming repeal to the Elementary and Secondary Education Act of 1965.
Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations.
Title III: Deductions for Alcohol Advertising or Promotion - Alcohol Promotion and Advertising Tax Fairness Act - Amends the Internal Revenue Code to disallow a deduction for the expense of advertising (via any means) or promoting any alcoholic beverage.
Title IV: Promotion of Alcoholic Beverages - End Taxpayer Promotion of Alcohol Overseas Act - Amends the Agricultural Trade Act of 1978 to prohibit market access program funds from being used to promote the sale or export of alcoholic beverages.
Title V: Alcohol Advertising - Alcohol Advertising Accountability Act of 1996 - Mandates an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation.
Title VI: Health Warnings - Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings.
Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings.
Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits - Truth in Alcohol Beverage Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require malt beverages, wine, and distilled spirits to bear labels: (1) disclosing alcohol content, the number of drinks (defining "drink" as .6 ounces of alcohol by volume), ingredients and calories per container and per drink, and the common name of each ingredient (including additives); and (2) providing a toll-free telephone number (operated by the Secretary of Health and Human Services) for help with a drinking problem.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1982 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1982
To carry out a comprehensive program dealing with alcohol and alcohol
abuse.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 1997
Mr. Kennedy of Massachusetts introduced the following bill; which was
referred to the Committee on Commerce, and in addition to the
Committees on Ways and Means, Education and the Workforce, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To carry out a comprehensive program dealing with alcohol and alcohol
abuse.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Alcohol Abuse
Prevention Act of 1997''.
TITLE I--CHILDREN AND ALCOHOL ADVERTISING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Children's Protection from Alcohol
Advertising Act of 1996''.
SEC. 102. FINDINGS.
The Congress makes the following findings:
(1) In 1995, the Department of Health and Human Services
found that there is a significant underage drinking problem and
estimated that there are 11 million drinkers of alcoholic
beverages who are under the age of 21. Of that number, 2
million are heavy drinkers of such beverages.
(2) In 1996, the proportion of students having 5 or more
drinks in a row during the 2 week period preceding the
Monitoring the Future Survey were 16 percent for 8th graders,
25 percent for 10th graders, and 30 percent for 12th graders.
(3) The median age at which children begin drinking
alcoholic beverages is just over 13 years. 55 percent of
students in the 8th grade have tried an alcoholic beverage.
(4) A 1995 survey found that 50 percent of the teenagers
who were asked said that alcohol is a more serious problem
among today's youth than illicit drugs.
(5) In 1993, nearly 10 percent (over 110,000) of the
clients admitted to State-funded alcohol treatment programs
were under the age of 21.
(6) Alcoholic beverage companies spent $2 billion to
advertise and promote their products in 1995. The budget of the
National Institute on Alcohol Abuse and Alcoholism for the same
year was $176 million.
(7) According to a study published in the American Journal
of Public Health, viewing beer ads on television may predispose
young people to drinking beer. Children who are more aware of
beer advertisements hold more favorable beliefs about drinking
beer and intend to drink beer more frequently as adults.
(8) Almost half of all adults think that alcohol industry
advertising greatly influences underage youth to drink
alcoholic beverages, another one-third think industry
advertising has some influence.
SEC. 103. ADVERTISING REQUIREMENTS.
(a) Prohibitions.--
(1) General rule.--Except as provided in paragraph (2), no
alcoholic beverage may be advertised or promoted on any audio
tape, audio disc, videotape, video arcade game, computer game
or in film. No outdoor advertising of alcoholic beverages may
be located within 1000 feet of any school, playground, or other
public facility where individuals under the age of 21 are
reasonably expected to convene.
(2) Exception.--Paragraph (1) does not apply to any
manufacturing or selling alcohol beverages if such videotape is
to be viewed only by other persons engaged in such business.
(b) Print Advertising.--In publications with an under the age of 21
readership of 15 percent or more than 2 million, whichever is less,
alcohol advertising shall be restricted to text only advertising in
black and white print.
(c) Broadcast Advertising.--Any advertising of an alcoholic
beverage in a television broadcast shall, during the hours between 7
A.M. and 10 P.M., be limited to only a picture of the beverage with
factual, objective audio information about the beverage.
(d) Sponsorship.--An event may be sponsored by an alcohol beverage
manufacturer in the corporate name only and not in the brand name of
the alcoholic beverage.
(e) Promotional Items.--
(1) General rule.--No person may manufacture or distribute
a product which is a non-beverage product with an identifiable
brand of an alcoholic beverage manufacturer. Such a product
shall bear the corporate name of the alcoholic beverage
manufacturer.
(2) Exception.--Paragraph (1) does not apply to any product
prepared by a person engaged in the business of manufacturing
or selling alcohol beverages if such product is to be made
available only to other persons engaged in such business.
(f) Enforcement.--
(1) Criminal penalty.--Any person who violates the
restrictions prescribed by subsection (a), (b), or (c) shall be
guilty of a misdemeanor and shall on conviction thereof be
subject to a fine of not more than $10,000.
(2) Injunction.--The district courts of the United States
shall have jurisdiction, for cause shown, to prevent and
restrain violation of restrictions prescribed by subsection
(a), (b), or (c) upon application of the Attorney General of
the United States acting through the United States attorneys in
their districts.
TITLE II--HIGHER EDUCATION AND ALCOHOL ABUSE PREVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``College Campus Alcohol Abuse
Prevention and Education Act''.
SEC. 202. HIGHER EDUCATION AND DRUG AND ALCOHOL ABUSE PREVENTION.
(a) Specific Programs.--Section 1213 of the Higher Education Act of
1965 (20 U.S.C. 1145g) is amended--
(1) in subsection (a), by striking ``and'' at the end of
paragraph (1)(D), by redesignating paragraph (1)(E) as
paragraph (1)(I), and by inserting after paragraph (1)(D) the
following:
``(E) a prohibition on the distribution of any
promotional material that encourages the consumption of
alcoholic beverages on campus;
``(F) a prohibition of the distribution of free
alcoholic beverages for promotional purposes on the
campus;
``(G) a prohibition on sponsorship or public
support of any on-campus athletic, musical, cultural,
or social program, event, or competition by any
alcoholic beverage company or by any group of such
companies;
``(H) limiting alcoholic beverage advertisements in
the institution of higher education's newspapers and
other publications to price and product identification;
and'';
(2) in subsection (a), by inserting after and below
paragraph (2)(B) the following: ``Identification, referral, or
treatment of students and employees shall not jeopardize the
matriculation status of the students or the employment of the
employees.''; and
(3) in subsection (c)(2), by striking ``(a)(1)(E)'' and
inserting ``(a)(1)(I)''.
(b) Student and Employee Involvement.--Section 1213(b) of the
Higher Education Act of 1965 (20 U.S.C. 1145g(b)) is amended by adding
at the end the following: ``Such items shall be developed and adopted
with student and employee participation.''.
(c) Waiver of Sanctions.--Section 1213(c) of the Higher Education
Act of 1965 (20 U.S.C. 1145g(c)) is amended by adding at the end the
following:
``(3) Upon application by an institution of higher education, the
Secretary shall grant a waiver of sanctions authorized by subsection
(a)(1)(I) to any institution of higher education which demonstrates
that it is in the process of developing and implementing a plan
required by subsection (a) for up to one year from the date of the
enactment of this paragraph.''.
SEC. 203. GRANTS AND CONTRACTS.
(a) Grant and Contract Authority.--Section 1213 of the Higher
Education Act of 1965 (20 U.S.C. 1145g) is amended by adding at the end
the following:
``(e)(1) The Secretary may make grants to institutions of higher
education or consortia of such institutions and contracts with such
institutions and other organizations to develop, implement, operate,
improve, and disseminate programs of prevention, and education
(including treatment-referral) to reduce and eliminate the illegal use
of drugs and alcohol and their associated violence. Such contracts may
also be used for the support of a higher education center for alcohol
and drug abuse prevention which will provide training, technical
assistance, evaluation, dissemination and associated services and
assistance to the higher education community as defined by the
Secretary and the institutions of higher education.
``(2) Grants and contracts shall be made available under paragraph
(1) on a competitive basis. An institution of higher education, a
consortium of such institutions, or other organizations which desire to
receive a grant or contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require by regulation.
``(3) The Secretary shall make every effort to ensure--
``(A) the equitable participation of private and public
institutions of higher education (including community and
junior colleges), and
``(B) the equitable geographic participation of such
institutions,
in grants and contracts under paragraph (1). In the award of such
grants and contracts, the Secretary shall give appropriate
consideration to institutions of higher education with limited
enrollment.''.
(b) Repeal.--Section 4122 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7132) is repealed.
SEC. 204. NATIONAL RECOGNITION AWARDS.
(a) Awards.--For the purpose of providing models of alcohol and
drug abuse prevention and education (including treatment-referral)
programs in higher education and to focus national attention on
exemplary alcohol and drug abuse prevention efforts, the Secretary of
Education shall, on an annual basis, make 10 National
Recognition Awards to institutions of higher education that have
developed and implemented effective alcohol and drug abuse prevention
and education programs. Such awards shall be made at a ceremony in
Washington, D.C. and a document describing the programs of those who
receive the awards shall be distributed nationally.
(b) Application.--
(1) In general.--A national recognition award shall be made
under subsection (a) to institutions of higher education which
have applied for such award. Such an application shall
contain--
(A) a clear description of the goals and objectives
of the alcohol and drug abuse programs of the
institution applying,
(B) a description of program activities that focus
on alcohol and other drug policy issues, policy
development, modification, or refinement, policy
dissemination and implementation, and policy
enforcement;
(C) a description of activities that encourage
student and employee participation and involvement in
both activity development and implementation;
(D) the objective criteria used to determine the
effectiveness of the methods used in such programs and
the means used to evaluate and improve the program
efforts,
(E) a description of special initiatives used to
reduce high-risk behavior or increase low risk
behavior, or both, and
(F) a description of coordination and networking
efforts that exist in the community in which the
institution is located for purposes of such programs.
(2) Eligibility criteria.--All institutions of higher
education which are two- and four-year colleges and
universities that have established a drug and alcohol
prevention and education program are eligible to apply for a
National Recognition Award. To receive such an Award an
institution of higher education must be nominated to receive
it. An institution of higher education may nominate itself or
be nominated by others such as professional associations or
student organizations.
(3) Application review.--The Secretary of Education shall
appoint a committee to review applications submitted under
paragraph (1). The committee may include representatives of
Federal departments or agencies whose programs include alcohol
and drug abuse prevention and education efforts, directors or
heads (or their representatives) of professional associations
that focus on prevention efforts, and non-Federal scientists
who have backgrounds in social science evaluation and research
methodology and in education. Decisions of the committee shall
be made directly to the Secretary without review by any other
entity in the Department of Education.
(4) Review criteria.--Specific review criteria shall be
developed by the Secretary in conjunction with the appropriate
experts. In reviewing applications under paragraph (3) the
committee shall consider--
(A) measures of effectiveness of the program of the
applicant that should include changes in the campus
alcohol and other drug environment or climate and
changes in alcohol and other drug use before and after
the initiation of the program; and
(B) measures of program institutionalization,
including an assessment of needs of the institution,
the institution's alcohol and drug policies, staff and
faculty development activities, drug prevention
criteria, student, faculty, and campus community
involvement, and a continuation of the program after
the cessation of external funding.
(c) Authorization.--For the implementation of the awards program
under this section, there are authorized to be appropriated $25,000 for
fiscal year 1996, $66,000 for each of the fiscal years 1997 and 1998,
and $72,000 for each of the fiscal years 1999, 2000, 2001, and 2002.
TITLE III--DEDUCTIONS FOR ALCOHOL ADVERTISING OR PROMOTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``The Alcohol Promotion and
Advertising Tax Fairness Act''.
SEC. 302. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND GOODWILL
EXPENSES RELATING TO ALCOHOLIC BEVERAGES.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items not deductible) is
amended by adding at the end the following new section:
``SEC. 280I. ADVERTISING AND GOODWILL EXPENDITURES RELATING TO
ALCOHOLIC BEVERAGES.
``(a) In General.--No deduction otherwise allowable under this
chapter shall be allowed for any amount paid or incurred to advertise
(by means of television, radio, other electronic means, newspaper or
other periodical, billboard, or any other means), or promote goodwill
regarding, any alcoholic beverage.
``(b) Alcoholic beverage.--For purposes of this section, the term
`alcoholic beverage' means any item which is subject to tax under
subpart A, C, or D of part I of subchapter A of chapter 51 (relating to
taxes on distilled spirits, wines, and beer).''.
(b) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 280I. Advertising and goodwill
expenditures relating to
alcoholic beverages.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
TITLE IV--PROMOTION OF ALCOHOLIC BEVERAGES
SEC. 401. SHORT TITLE.
This title may be cited as the ``End Taxpayer Promotion of Alcohol
Overseas Act''.
SEC. 402. PROHIBITION ON PROMOTION OF ALCOHOLIC BEVERAGES.
Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
is amended by adding at the end the following:
``(h) Prohibition on Promotion of Alcoholic Beverages.--None of the
funds appropriated or otherwise made available to carry out this
section may be used to promote the sale or export of alcohol or
alcoholic beverages.''.
TITLE V--ALCOHOL ADVERTISING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Alcohol Advertising Accountability
Act of 1996''.
SEC. 502. REPORT OF FEDERAL TRADE COMMISSION ON ALCOHOL ADVERTISING.
(a) Action by the Federal Trade Commission.--The Federal Trade
Commission shall report annually to the Congress on alcohol
advertising, its profile and its effects.
(b) Review.--The Federal Trade Commission shall review alcohol
advertising in all media, including broadcast and cable television,
other electronic means, and print and outdoor advertising and review
promotional activities undertaken to promote the sale of alcoholic
beverages.
(c) Report Content.--The report of Federal Trade Commission shall
include--
(1) an identification of--
(A) the extent to which underage persons are
exposed to alcohol advertising in the broadcast media,
(B) the total expenditures for alcoholic beverage
advertising in each medium and in promotions,
(C) the extent to which media program audiences are
under the age of 21 and the proportion of all underage
persons in the potential viewing audience,
(D) the number of television and cable alcohol
beverage advertisements that appear during each
broadcast hour and the proportion of such
advertisements to all advertisements during each such
hour,
(E) an identification of the types and themes of
alcohol advertising in all media (especially in
broadcast) and other electronic means,
(F) any graphics, slogans, and characters,
including music and sound effects, and techniques that
are used in alcohol beverage advertising, and
(G) the extent to which other promotional efforts
used to market alcoholic beverages which appear in
clothing, sporting events, contests, and concerts
appeal to individuals under the age of 21;
(2) a determination of the extent to which young people are
exposed to alcohol advertising and promotions of alcoholic
beverages;
(3) an evaluation of the relationship between alcohol
advertising practices and underage drinking, drunk driving, and
related public health problems; and
(4) an evaluation of alcohol industry sponsored campaigns
addressing public service and prevention messages for underage
drinking, drunk driving, and other alcohol-related topics.
(d) Recommendations.--The report of the Federal Trade Commission
under subsection (a) shall also include such recommendations for
legislation as the Commission determines are appropriate.
TITLE VI--HEALTH WARNINGS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Sensible Advertising and Family
Education Act''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) Alcohol is by far the drug most widely used and abused
by young people in the United States today, even though it is
illegal for youths under the age of 21 to purchase alcohol in all 50 of
the States and the District of Columbia.
(2) According to the National Institute on Alcohol Abuse
and Alcoholism, an estimated 18,000,000 persons in the United
States who are 18 or older currently experience problems as a
result of alcohol use. An estimated 4,500,000 young people are
dependent on alcohol or are problem drinkers.
(3) According to the 1996 National Institute on Drug Abuse
survey of high school students and young adults (entitled
``Monitoring the Future''), 79 percent of high school seniors,
72 percent of tenth graders, and 55 percent of eighth graders
had used alcohol at least once. Thirty percent of high school
seniors, 25 percent of tenth graders, and 16 percent of eighth
graders had experienced a ``binge'' of 5 or more drinks in a
row within the past 2 weeks. Among college students, 88 percent
reported having used alcohol and 40 percent reported occasions
of binge drinking, including 31 percent of the females and 52
percent of the males.
(4) The average age at which young people begin drinking is
13. By age 13, approximately 30 percent of boys and 22 percent
of girls classify themselves as drinkers. According to the 1996
``Monitoring the Future'' survey, 27 percent reported having
been drunk by eighth grade, 49 percent by tenth grade, and 62
percent by twelfth grade. Studies demonstrate that the use of
alcohol before the age of 15 appears to be one of the
predictors of later heavy alcohol and other drug use.
(5) According to a national survey on youth and alcohol
(Inspector General of the Department of Health and Human
Services, 1991), the average binge drinker is a 16 year-old
male in the tenth grade who was 12 years old when he took his
first drink.
(6) Young people are not well informed about the hazards of
alcohol use. More than one quarter of high school seniors do
not view taking one or two drinks nearly every day as entailing
great risk. Approximately 45 percent of eighth graders, 47
percent of tenth graders, and 53 percent of twelfth graders do
not perceive having 5 or more drinks once or twice a weekend as
entailing a great risk (1995 ``Monitoring the Future'' survey).
More than 2.6 million students do not know a person can die
from an overdose of alcohol. A projected 259,000 students think
that wine coolers or beer cannot get a person drunk, make a
person sick, or do as much harm as other alcoholic beverages
(Inspector General of the Department of Health and Human
Services, 1991).
(7) According to Healthy People 2000, the National Health
Promotion and Disease Prevention Objectives--
(A) nearly one-half of all deaths from motor
vehicle crashes are alcohol-related;
(B) alcohol is implicated in nearly one-half of all
fatal intentional injuries such as suicides and
homicides; and
(C) victims are intoxicated in approximately one-
third of all homicides, drownings, and boating deaths.
(8) An estimated 25 percent of all hospitalized persons
have alcohol-related problems.
(9) Alcohol in combination with other drugs is the leading
cause of emergency room drug abuse episodes.
(10) In 1995, chronic liver disease, including cirrhosis,
was the 11th leading cause of death in the United States. Of
41,000 deaths attributed to liver disease in the United States,
46 percent diagnostically were associated with alcohol. Heavy
alcohol use is considered the most important risk factor for
chronic liver disease. Even among liver disease deaths not
coded as alcohol-related, approximately 50 percent are thought
to be due to alcohol use.
(11) Between 5 and 24 percent of hypertension cases are
associated with alcohol. Many cases diagnosed as essential
hypertension (high blood pressure having no known causes) may
actually have chronic alcohol ingestion as their cause.
(12) Alcohol abuse is strongly associated with increased
risk of cancer, especially cancer of the liver, esophagus,
nasopharynx, and larynx. Alcohol is also associated with
dietary deficiency tha
Introduced in House
Introduced in House
Referred to House Commerce
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Education and the Workforce
Referred to House Agriculture
Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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