[Congressional Bills 105th Congress]
[From the U.S. Government Publishing 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