[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3475 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3475

   To require an annual report by the Secretary of Health and Human 
   Services on alcohol advertising practices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 1996

      Mr. Kennedy of Massachusetts (for himself, Mr. Hinchey, Mr. 
Faleomavaega, and Mr. Fattah) introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To require an annual report by the Secretary of Health and Human 
   Services on alcohol advertising practices, and for other purposes.

    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 ``Alcohol Advertising Accountability 
Act of 1996''.

SEC. 2. 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 1995, the proportion of students having 5 or more 
        drinks in a row during the 2 week period preceding the 
        Monitoring the Future Survey were 15 percent for 8th graders, 
        24 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. 67 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. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTISING.

    (a) Action by the Secretary.--The Secretary of Health and Human 
Services shall report annually to the Congress on alcohol advertising, 
its profile and its effects. To assist the Secretary in gathering 
information for such report, the Secretary shall establish a panel made 
up of such individuals as the Secretary, in the Secretary's discretion, 
may select from individuals in the Department of Health and Human 
Services or any other Federal agency.
    (b) Panel Function.--The panel established by the Secretary of 
Health and Human Services under subsection (a) 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. The Secretary shall convene at least 2 public hearings 
before the panel established under subsection (a) each year and shall 
have the panel conduct a hearing in each of the regional offices of the 
Department of Health and Human Services over the 5-year period 
beginning on the date of the enactment of this Act.
    (c) Report Content.--The report of the Secretary of Health and 
Human Services under subsection (a) shall be developed on the basis of 
the work conducted by the panel established under subsection (a) and 
shall include--
            (1) an identification of--
                    (A) the media used by alcohol advertising to reach 
                children,
                    (B) the total expenditures for alcoholic beverage 
                advertising in each media and in promotions,
                    (C) the extent to which media program audiences are 
                under the age of 21,
                    (D) an identification of the types and themes of 
                alcohol advertising in all media (especially in 
                broadcast) and other electronic means,
                    (E) any graphics, slogans, children's characters, 
                and techniques that are used and that appeal to youth, 
                and
                    (F) 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 Secretary of Health and 
Human Services under subsection (a) shall also include such 
recommendations for legislation as the Secretary determines are 
appropriate.
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