[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 866

To amend the Public Health Service Act to provide for a national media 
 campaign to reduce and prevent underage drinking in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2001

 Mr. Reid (for himself and Mr. Warner) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to provide for a national media 
 campaign to reduce and prevent underage drinking in the United States.

    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 ``National Media Campaign to Prevent 
Underage Drinking Act of 2001''.

SEC. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PUBLIC 
              HEALTH AND SCIENCE; PROGRAM FOR NATIONAL MEDIA CAMPAIGN 
              TO PREVENT UNDERAGE DRINKING.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et 
seq.) is amended by adding at the end the following:

``SEC. 1711. NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE DRINKING.

    ``(a) Requirement To Conduct a National Media Campaign.--
            ``(1) In general.--The Secretary shall develop, implement, 
        and conduct a national media campaign in accordance with this 
        section for the purpose of reducing and preventing underage 
        drinking in the United States.
            ``(2) Administration.--The Secretary shall carry out this 
        section through the Office of Public Health and Science and in 
        consultation with the Surgeon General of the Public Health 
        Service.
            ``(3) Based on science.--The Secretary shall develop, 
        implement, and conduct the national media campaign based upon 
        reputable academic and scientific research on youth attitudes 
        and the prevalence of underage drinking in the United States, 
        as well as on the science and research on mass media prevention 
        campaigns.
            ``(4) Supplement; not supplant.--In developing, 
        implementing, and conducting the national media campaign, the 
        Secretary shall supplement (and not supplant) existing efforts 
        by State, local, private, and nonprofit entities to reduce and 
        prevent underage drinking in the United States and shall 
        coordinate with other Federal agencies and departments, 
        including the Centers for Disease Control and Prevention, the 
        National Institute on Alcohol Abuse and Alcoholism, the 
        Substance Abuse and Mental Health Services Administration, the 
        National Institute on Drug Abuse, the Department of Justice, 
        the Department of Transportation, and the Office of National 
        Drug Control Policy.
            ``(5) Targeting.--The Secretary shall, to the maximum 
        extent feasible, use amounts available under subsection (e) for 
        media that focuses on, or includes specific information on, 
        prevention or treatment resources for consumers within specific 
        geographic local areas. The Secretary shall ensure that the 
        national media campaign includes messages that are language-
        appropriate and culturally competent to reach minority groups.
    ``(b) Use of Funds.--
            ``(1) Advertising.--Of the amounts available under 
        subsection (e), the Secretary shall devote sufficient funds to 
        the advertising portion of the national media campaign to meet 
        the stated reach and frequency goals of the campaign.
            ``(2) Authorized uses.--
                    ``(A) In general.--Amounts available under 
                subsection (e) for the national media campaign may only 
                be used for the development of the campaign and--
                            ``(i) the development of a comprehensive 
                        strategy planning document;
                            ``(ii) the purchase of media time and 
                        space;
                            ``(iii) talent reuse payments;
                            ``(iv) out-of-pocket advertising production 
                        costs;
                            ``(v) testing and evaluation of 
                        advertising;
                            ``(vi) evaluation of the effectiveness of 
                        the media campaign; and
                            ``(vii) the negotiated fees for the winning 
                        bidder on request for proposals issued by the 
                        Assistant Secretary for Health.
                    ``(B) Certain uses.--In support of the primary goal 
                of developing, implementing and conducting an effective 
                advertising campaign, funds available under subsection 
                (e) may be used for--
                            ``(i) partnerships with community, civic, 
                        and professional groups, and government 
                        organizations related to the media campaign; 
                        and
                            ``(ii) entertainment industry 
                        collaborations to fashion underage-drinking 
                        prevention messages in motion pictures, 
                        television programming, popular music, 
                        interactive (Internet and new) media projects 
                        and activities, public information, news media 
                        outreach, and corporate sponsorship and 
                        participation.
            ``(3) Prohibitions.--None of the amounts available under 
        subsection (e) may be obligated or expended--
                    ``(A) to supplant efforts of community-based 
                coalitions to reduce and prevent underage drinking;
                    ``(B) to supplant current pro bono public service 
                time donated by national and local broadcasting 
                networks;
                    ``(C) for partisan political purposes;
                    ``(D) to fund media campaigns that feature any 
                elected officials, persons seeking elected office, 
                cabinet level officials, or other Federal officials 
                employed pursuant to section 213 of schedule C of title 
                5, Code of Federal Regulations, unless the Assistant 
                Secretary for Health provides advance notice to the 
                appropriations committees, the oversight committees, 
                and the appropriate authorizing committees of the House 
                of Representatives and the Senate; or
                    ``(E) to fund or support advertising messages 
                bearing any company or brand logos or other identifying 
                corporate or trade information.
            ``(4) Matching requirement.--As a condition of each 
        purchase of media time or space for the national media 
        campaign, the Secretary shall require that the seller of the 
        time or space provide non-Federal contributions to the national 
        media campaign in an amount equal to 50 percent of the purchase 
        price of the time or space, which may be contributions of 
        funds, or in-kind contributions in the form of public service 
        announcements specifically directed to reducing and preventing 
        underage drinking.
    ``(c) Reports to Congress.--
            ``(1) Comprehensive strategy.--Not later than 6 months 
        after the date of enactment of this section, the Secretary 
        shall develop and submit to Congress a comprehensive strategy 
        that identifies the nature and extent of the problem of 
        underage drinking, the scientific basis for the strategy, 
        including a review of the existing scientific research, target 
        audiences, goals and objectives of the campaign, message points 
        that will be effective in changing attitudes and behavior, a 
        campaign outline and implementation plan, an evaluation plan, 
        and the estimated costs of implementation.
            ``(2) Annual reports.--The Secretary shall annually submit 
        to Congress a report on the activities for which amounts 
        available under subsection (e) were obligated during the 
        preceding year, including information for each quarter of such 
        year, and on the specific parameters of the national media 
        campaign including whether the campaign is achieving identified 
        performance goals based on an independent evaluation.
            ``(3) Progress report.--Not later than 1 year after the 
        date of enactment of this section, the Secretary shall submit 
        to Congress a report on the progress of the national media 
        campaign based on measurable outcomes previously provided to 
        Congress.
    ``(d) Definition.--For purposes of this section, the term `underage 
drinking' means any consumption of alcoholic beverages by individuals 
who have not attained the age at which (in the State involved) it is 
legal to purchase such beverages.
    ``(e) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        carrying out this section, there are authorized to be 
        appropriated such sums as may be necessary for each of fiscal 
        years 2002 through 2007.
            ``(2) Limitation regarding comprehensive strategy 
        activities.--Of the amounts appropriated under paragraph (1), 
        the Secretary may not expend more than $1,000,000 to carry out 
        subsection (c)(1).''.
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