[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 864 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      December 6, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
864) entitled ``An Act to provide for programs and activities with 
respect to the prevention of underage drinking.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sober Truth on Preventing Underage 
Drinking Act'' or the ``STOP Act''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b) 
is amended by striking subsections (a) through (f) and inserting the 
following:
    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `alcohol beverage industry' means the 
        brewers, vintners, distillers, importers, distributors, and 
        retail or online outlets that sell or serve beer, wine, and 
        distilled spirits.
            ``(2) The term `school-based prevention' means programs, 
        which are institutionalized, and run by staff members or 
        school-designated persons or organizations in any grade of 
        school, kindergarten through 12th grade.
            ``(3) The term `youth' means persons under the age of 21.
            ``(4) The term `IOM report' means the report released in 
        September 2003 by the National Research Council, Institute of 
        Medicine, and entitled `Reducing Underage Drinking: A 
        Collective Responsibility'.
    ``(b) Sense of Congress.--It is the sense of the Congress that:
            ``(1) A multi-faceted effort is needed to more successfully 
        address the problem of underage drinking in the United States. 
        A coordinated approach to prevention, intervention, treatment, 
        enforcement, and research is key to making progress. This Act 
        recognizes the need for a focused national effort, and 
        addresses particulars of the Federal portion of that effort, as 
        well as Federal support for State activities.
            ``(2) The Secretary of Health and Human Services shall 
        continue to conduct research and collect data on the short and 
        long-range impact of alcohol use and abuse upon adolescent 
        brain development and other organ systems.
            ``(3) States and communities, including colleges and 
        universities, are encouraged to adopt comprehensive prevention 
        approaches, including--
                    ``(A) evidence-based screening, programs and 
                curricula;
                    ``(B) brief intervention strategies;
                    ``(C) consistent policy enforcement; and
                    ``(D) environmental changes that limit underage 
                access to alcohol.
            ``(4) Public health groups, consumer groups, and the 
        alcohol beverage industry should continue and expand evidence-
        based efforts to prevent and reduce underage drinking.
            ``(5) The entertainment industries have a powerful impact 
        on youth, and they should use rating systems and marketing 
        codes to reduce the likelihood that underage audiences will be 
        exposed to movies, recordings, or television programs with 
        unsuitable alcohol content.
            ``(6) The National Collegiate Athletic Association, its 
        member colleges and universities, and athletic conferences 
        should affirm a commitment to a policy of discouraging alcohol 
        use among underage students and other young fans.
            ``(7) Alcohol is a unique product and should be regulated 
        differently than other products by the States and Federal 
        Government. States have primary authority to regulate alcohol 
        distribution and sale, and the Federal Government should 
        support and supplement these State efforts. States also have a 
        responsibility to fight youth access to alcohol and reduce 
        underage drinking. Continued State regulation and licensing of 
        the manufacture, importation, sale, distribution, 
        transportation and storage of alcoholic beverages are clearly 
        in the public interest and are critical to promoting 
        responsible consumption, preventing illegal access to alcohol 
        by persons under 21 years of age from commercial and non-
        commercial sources, maintaining industry integrity and an 
        orderly marketplace, and furthering effective State tax 
        collection.
    ``(c) Interagency Coordinating Committee; Annual Report on State 
Underage Drinking Prevention and Enforcement Activities.--
            ``(1) Interagency coordinating committee on the prevention 
        of underage drinking.--
                    ``(A) In general.--The Secretary, in collaboration 
                with the Federal officials specified in subparagraph 
                (B), shall formally establish and enhance the efforts 
                of the interagency coordinating committee, that began 
                operating in 2004, focusing on underage drinking 
                (referred to in this subsection as the `Committee').
                    ``(B) Other agencies.--The officials referred to in 
                paragraph (1) are the Secretary of Education, the 
                Attorney General, the Secretary of Transportation, the 
                Secretary of the Treasury, the Secretary of Defense, 
                the Surgeon General, the Director of the Centers for 
                Disease Control and Prevention, the Director of the 
                National Institute on Alcohol Abuse and Alcoholism, the 
                Administrator of the Substance Abuse and Mental Health 
                Services Administration, the Director of the National 
                Institute on Drug Abuse, the Assistant Secretary for 
                Children and Families, the Director of the Office of 
                National Drug Control Policy, the Administrator of the 
                National Highway Traffic Safety Administration, the 
                Administrator of the Office of Juvenile Justice and 
                Delinquency Prevention, the Chairman of the Federal 
                Trade Commission, and such other Federal officials as 
                the Secretary of Health and Human Services determines 
                to be appropriate.
                    ``(C) Chair.--The Secretary of Health and Human 
                Services shall serve as the chair of the Committee.
                    ``(D) Duties.--The Committee shall guide policy and 
                program development across the Federal Government with 
                respect to underage drinking, provided, however, that 
                nothing in this section shall be construed as 
                transferring regulatory or program authority from an 
                Agency to the Coordinating Committee.
                    ``(E) Consultations.--The Committee shall actively 
                seek the input of and shall consult with all 
                appropriate and interested parties, including States, 
                public health research and interest groups, 
                foundations, and alcohol beverage industry trade 
                associations and companies.
                    ``(F) Annual report.--
                            ``(i) In general.--The Secretary, on behalf 
                        of the Committee, shall annually submit to the 
                        Congress a report that summarizes--
                                    ``(I) all programs and policies of 
                                Federal agencies designed to prevent 
                                and reduce underage drinking;
                                    ``(II) the extent of progress in 
                                preventing and reducing underage 
                                drinking nationally;
                                    ``(III) data that the Secretary 
                                shall collect with respect to the 
                                information specified in clause (ii); 
                                and
                                    ``(IV) such other information 
                                regarding underage drinking as the 
                                Secretary determines to be appropriate.
                            ``(ii) Certain information.--The report 
                        under clause (i) shall include information on 
                        the following:
                                    ``(I) Patterns and consequences of 
                                underage drinking as reported in 
                                research and surveys such as, but not 
                                limited to Monitoring the Future, Youth 
                                Risk Behavior Surveillance System, the 
                                National Survey on Drug Use and Health, 
                                and the Fatality Analysis Reporting 
                                System.
                                    ``(II) Measures of the availability 
                                of alcohol from commercial and non-
                                commercial sources to underage 
                                populations.
                                    ``(III) Measures of the exposure of 
                                underage populations to messages 
                                regarding alcohol in advertising and 
                                the entertainment media as reported by 
                                the Federal Trade Commission.
                                    ``(IV) Surveillance data, including 
                                information on the onset and prevalence 
                                of underage drinking, consumption 
                                patterns and the means of underage 
                                access. The Secretary shall develop a 
                                plan to improve the collection, 
                                measurement and consistency of 
                                reporting Federal underage alcohol 
                                data.
                                    ``(V) Any additional findings 
                                resulting from research conducted or 
                                supported under subsection (f).
                                    ``(VI) Evidence-based best 
                                practices to prevent and reduce 
                                underage drinking and provide treatment 
                                services to those youth who need them.
            ``(2) Annual report on state underage drinking prevention 
        and enforcement activities.--
                    ``(A) In general.--The Secretary shall, with input 
                and collaboration from other appropriate Federal 
                agencies, States, Indian tribes, territories, and 
                public health, consumer, and alcohol beverage industry 
                groups, annually issue a report on each State's 
                performance in enacting, enforcing, and creating laws, 
                regulations, and programs to prevent or reduce underage 
                drinking.
                    ``(B) State performance measures.--
                            ``(i) In general.--The Secretary shall 
                        develop, in consultation with the Committee, a 
                        set of measures to be used in preparing the 
                        report on best practices.
                            ``(ii) Categories.--In developing these 
                        measures, the Secretary shall consider 
                        categories including, but not limited to:
                                    ``(I) Whether or not the State has 
                                comprehensive anti-underage drinking 
                                laws such as for the illegal sale, 
                                purchase, attempt to purchase, 
                                consumption, or possession of alcohol; 
                                illegal use of fraudulent ID; illegal 
                                furnishing or obtaining of alcohol for 
                                an individual under 21 years; the 
                                degree of strictness of the penalties 
                                for such offenses; and the prevalence 
                                of the enforcement of each of these 
                                infractions.
                                    ``(II) Whether or not the State has 
                                comprehensive liability statutes 
                                pertaining to underage access to 
                                alcohol such as dram shop, social host, 
                                and house party laws, and the 
                                prevalence of enforcement of each of 
                                these laws.
                                    ``(III) Whether or not the State 
                                encourages and conducts comprehensive 
                                enforcement efforts to prevent underage 
                                access to alcohol at retail outlets, 
                                such as random compliance checks and 
                                shoulder tap programs, and the number 
                                of compliance checks within alcohol 
                                retail outlets measured against the 
                                number of total alcohol retail outlets 
                                in each State, and the result of such 
                                checks.
                                    ``(IV) Whether or not the State 
                                encourages training on the proper 
                                selling and serving of alcohol for all 
                                sellers and servers of alcohol as a 
                                condition of employment.
                                    ``(V) Whether or not the State has 
                                policies and regulations with regard to 
                                direct sales to consumers and home 
                                delivery of alcoholic beverages.
                                    ``(VI) Whether or not the State has 
                                programs or laws to deter adults from 
                                purchasing alcohol for minors; and the 
                                number of adults targeted by these 
                                programs.
                                    ``(VII) Whether or not the State 
                                has programs targeted to youths, 
                                parents, and caregivers to deter 
                                underage drinking; and the number of 
                                individuals served by these programs.
                                    ``(VIII) Whether or not the State 
                                has enacted graduated drivers licenses 
                                and the extent of those provisions.
                                    ``(IX) The amount that the State 
                                invests, per youth capita, on the 
                                prevention of underage drinking, 
                                further broken down by the amount spent 
                                on--
                                            ``(aa) compliance check 
                                        programs in retail outlets, 
                                        including providing technology 
                                        to prevent and detect the use 
                                        of false identification by 
                                        minors to make alcohol 
                                        purchases;
                                            ``(bb) checkpoints and 
                                        saturation patrols that include 
                                        the goal of reducing and 
                                        deterring underage drinking;
                                            ``(cc) community-based, 
                                        school-based, and higher-
                                        education-based programs to 
                                        prevent underage drinking;
                                            ``(dd) underage drinking 
                                        prevention programs that target 
                                        youth within the juvenile 
                                        justice and child welfare 
                                        systems; and
                                            ``(ee) other State efforts 
                                        or programs as deemed 
                                        appropriate.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $1,000,000 for fiscal year 2007, and $1,000,000 for each of the 
        fiscal years 2008 through 2010.
    ``(d) National Media Campaign To Prevent Underage Drinking.--
            ``(1) Scope of the campaign.--The Secretary shall continue 
        to fund and oversee the production, broadcasting, and 
        evaluation of the national adult-oriented media public service 
        campaign if the Secretary determines that such campaign is 
        effective in achieving the media campaign's measurable 
        objectives.
            ``(2) Report.--The Secretary shall provide a report to the 
        Congress annually detailing the production, broadcasting, and 
        evaluation of the campaign referred to in paragraph (1), and to 
        detail in the report the effectiveness of the campaign in 
        reducing underage drinking, the need for and likely 
        effectiveness of an expanded adult-oriented media campaign, and 
        the feasibility and the likely effectiveness of a national 
        youth-focused media campaign to combat underage drinking.
            ``(3) Consultation requirement.--In carrying out the media 
        campaign, the Secretary shall direct the entity carrying out 
        the national adult-oriented media public service campaign to 
        consult with interested parties including both the alcohol 
        beverage industry and public health and consumer groups. The 
        progress of this consultative process is to be covered in the 
        report under paragraph (2).
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $1,000,000 for fiscal year 2007 and $1,000,000 for each of the 
        fiscal years 2008 through 2010.
    ``(e) Interventions.--
            ``(1) Community-based coalition enhancement grants to 
        prevent underage drinking.--
                    ``(A) Authorization of program.--The Administrator 
                of the Substance Abuse and Mental Health Services 
                Administration, in consultation with the Director of 
                the Office of National Drug Control Policy, shall 
                award, if the Administrator determines that the 
                Department of Health and Human Services is not 
                currently conducting activities that duplicate 
                activities of the type described in this subsection, 
                `enhancement grants' to eligible entities to design, 
                test, evaluate and disseminate effective strategies to 
                maximize the effectiveness of community-wide approaches 
                to preventing and reducing underage drinking. This 
                subsection is subject to the availability of 
                appropriations.
                    ``(B) Purposes.--The purposes of this paragraph are 
                to--
                            ``(i) prevent and reduce alcohol use among 
                        youth in communities throughout the United 
                        States;
                            ``(ii) strengthen collaboration among 
                        communities, the Federal Government, and State, 
                        local, and tribal governments;
                            ``(iii) enhance intergovernmental 
                        cooperation and coordination on the issue of 
                        alcohol use among youth;
                            ``(iv) serve as a catalyst for increased 
                        citizen participation and greater collaboration 
                        among all sectors and organizations of a 
                        community that first demonstrates a long-term 
                        commitment to reducing alcohol use among youth;
                            ``(v) disseminate to communities timely 
                        information regarding state-of-the-art 
                        practices and initiatives that have proven to 
                        be effective in preventing and reducing alcohol 
                        use among youth; and
                            ``(vi) enhance, not supplant, effective 
                        local community initiatives for preventing and 
                        reducing alcohol use among youth.
                    ``(C) Application.--An eligible entity desiring an 
                enhancement grant under this paragraph shall submit an 
                application to the Administrator at such time, and in 
                such manner, and accompanied by such information as the 
                Administrator may require. Each application shall 
                include--
                            ``(i) a complete description of the 
                        entity's current underage alcohol use 
                        prevention initiatives and how the grant will 
                        appropriately enhance the focus on underage 
                        drinking issues; or
                            ``(ii) a complete description of the 
                        entity's current initiatives, and how it will 
                        use this grant to enhance those initiatives by 
                        adding a focus on underage drinking prevention.
                    ``(D) Uses of funds.--Each eligible entity that 
                receives a grant under this paragraph shall use the 
                grant funds to carry out the activities described in 
                such entity's application submitted pursuant to 
                subparagraph (C). Grants under this paragraph shall not 
                exceed $50,000 per year and may not exceed four years.
                    ``(E) Supplement not supplant.--Grant funds 
                provided under this paragraph shall be used to 
                supplement, not supplant, Federal and non-Federal funds 
                available for carrying out the activities described in 
                this paragraph.
                    ``(F) Evaluation.--Grants under this paragraph 
                shall be subject to the same evaluation requirements 
                and procedures as the evaluation requirements and 
                procedures imposed on recipients of drug free community 
                grants.
                    ``(G) Definitions.--For purposes of this paragraph, 
                the term `eligible entity' means an organization that 
                is currently receiving or has received grant funds 
                under the Drug-Free Communities Act of 1997 (21 U.S.C. 
                1521 et seq.).
                    ``(H) Administrative expenses.--Not more than 6 
                percent of a grant under this paragraph may be expended 
                for administrative expenses.
                    ``(I) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for fiscal year 2007, and 
                $5,000,000 for each of the fiscal years 2008 through 
                2010.
            ``(2) Grants directed at preventing and reducing alcohol 
        abuse at institutions of higher education.--
                    ``(A) Authorization of program.--The Secretary 
                shall award grants to eligible entities to enable the 
                entities to prevent and reduce the rate of underage 
                alcohol consumption including binge drinking among 
                students at institutions of higher education.
                    ``(B) Applications.--An eligible entity that 
                desires to receive a grant under this paragraph shall 
                submit an application to the Secretary at such time, in 
                such manner, and accompanied by such information as the 
                Secretary may require. Each application shall include--
                            ``(i) a description of how the eligible 
                        entity will work to enhance an existing, or 
                        where none exists to build a, statewide 
                        coalition;
                            ``(ii) a description of how the eligible 
                        entity will target underage students in the 
                        State;
                            ``(iii) a description of how the eligible 
                        entity intends to ensure that the statewide 
                        coalition is actually implementing the purpose 
                        of this section and moving toward indicators 
                        described in subparagraph (D);
                            ``(iv) a list of the members of the 
                        statewide coalition or interested parties 
                        involved in the work of the eligible entity;
                            ``(v) a description of how the eligible 
                        entity intends to work with State agencies on 
                        substance abuse prevention and education;
                            ``(vi) the anticipated impact of funds 
                        provided under this paragraph in preventing and 
                        reducing the rates of underage alcohol use;
                            ``(vii) outreach strategies, including ways 
                        in which the eligible entity proposes to--
                                    ``(I) reach out to students and 
                                community stakeholders;
                                    ``(II) promote the purpose of this 
                                paragraph;
                                    ``(III) address the range of needs 
                                of the students and the surrounding 
                                communities; and
                                    ``(IV) address community norms for 
                                underage students regarding alcohol 
                                use; and
                            ``(viii) such additional information as 
                        required by the Secretary.
                    ``(C) Uses of funds.--Each eligible entity that 
                receives a grant under this paragraph shall use the 
                grant funds to carry out the activities described in 
                such entity's application submitted pursuant to 
                subparagraph (B).
                    ``(D) Accountability.--On the date on which the 
                Secretary first publishes a notice in the Federal 
                Register soliciting applications for grants under this 
                paragraph, the Secretary shall include in the notice 
                achievement indicators for the program authorized under 
                this paragraph. The achievement indicators shall be 
                designed--
                            ``(i) to measure the impact that the 
                        statewide coalitions assisted under this 
                        paragraph are having on the institutions of 
                        higher education and the surrounding 
                        communities, including changes in the number of 
                        incidents of any kind in which students have 
                        abused alcohol or consumed alcohol while under 
                        the age of 21 (including violations, physical 
                        assaults, sexual assaults, reports of 
                        intimidation, disruptions of school functions, 
                        disruptions of student studies, mental health 
                        referrals, illnesses, or deaths);
                            ``(ii) to measure the quality and 
                        accessibility of the programs or information 
                        offered by the eligible entity; and
                            ``(iii) to provide such other measures of 
                        program impact as the Secretary determines 
                        appropriate.
                    ``(E) Supplement not supplant.--Grant funds 
                provided under this paragraph shall be used to 
                supplement, and not supplant, Federal and non-Federal 
                funds available for carrying out the activities 
                described in this paragraph.
                    ``(F) Definitions.--For purposes of this paragraph:
                            ``(i) Eligible entity.--The term `eligible 
                        entity' means a State, institution of higher 
                        education, or nonprofit entity.
                            ``(ii) Institution of higher education.--
                        The term `institution of higher education' has 
                        the meaning given the term in section 101(a) of 
                        the Higher Education Act of 1965 (20 U.S.C. 
                        1001(a)).
                            ``(iii) Secretary.--The term `Secretary' 
                        means the Secretary of Education.
                            ``(iv) State.--The term `State' means each 
                        of the 50 States, the District of Columbia, and 
                        the Commonwealth of Puerto Rico.
                            ``(v) Statewide coalition.--The term 
                        `statewide coalition' means a coalition that--
                                    ``(I) includes, but is not limited 
                                to--
                                            ``(aa) institutions of 
                                        higher education within a 
                                        State; and
                                            ``(bb) a nonprofit group, a 
                                        community underage drinking 
                                        prevention coalition, or 
                                        another substance abuse 
                                        prevention group within a 
                                        State; and
                                    ``(II) works toward lowering the 
                                alcohol abuse rate by targeting 
                                underage students at institutions of 
                                higher education throughout the State 
                                and in the surrounding communities.
                            ``(vi) Surrounding community.--The term 
                        `surrounding community' means the community--
                                    ``(I) that surrounds an institution 
                                of higher education participating in a 
                                statewide coalition;
                                    ``(II) where the students from the 
                                institution of higher education take 
                                part in the community; and
                                    ``(III) where students from the 
                                institution of higher education live in 
                                off-campus housing.
                    ``(G) Administrative expenses.--Not more than 5 
                percent of a grant under this paragraph may be expended 
                for administrative expenses.
                    ``(H) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for fiscal year 2007, and 
                $5,000,000 for each of the fiscal years 2008 through 
                2010.
    ``(f) Additional Research.--
            ``(1) Additional research on underage drinking.--
                    ``(A) In general.--The Secretary shall, subject to 
                the availability of appropriations, collect data, and 
                conduct or support research that is not duplicative of 
                research currently being conducted or supported by the 
                Department of Health and Human Services, on underage 
                drinking, with respect to the following:
                            ``(i) Comprehensive community-based 
                        programs or strategies and statewide systems to 
                        prevent and reduce underage drinking, across 
                        the underage years from early childhood to age 
                        21, including programs funded and implemented 
                        by government entities, public health interest 
                        groups and foundations, and alcohol beverage 
                        companies and trade associations.
                            ``(ii) Annually obtain and report more 
                        precise information than is currently collected 
                        on the scope of the underage drinking problem 
                        and patterns of underage alcohol consumption, 
                        including improved knowledge about the problem 
                        and progress in preventing, reducing and 
                        treating underage drinking; as well as 
                        information on the rate of exposure of youth to 
                        advertising and other media messages 
                        encouraging and discouraging alcohol 
                        consumption.
                            ``(iii) Compiling information on the 
                        involvement of alcohol in unnatural deaths of 
                        persons ages 12 to 20 in the United States, 
                        including suicides, homicides, and 
                        unintentional injuries such as falls, 
                        drownings, burns, poisonings, and motor vehicle 
                        crash deaths.
                    ``(B) Certain matters.--The Secretary shall carry 
                out activities toward the following objectives with 
                respect to underage drinking:
                            ``(i) Obtaining new epidemiological data 
                        within the national or targeted surveys that 
                        identify alcohol use and attitudes about 
                        alcohol use during pre- and early adolescence, 
                        including harm caused to self or others as a 
                        result of adolescent alcohol use such as 
                        violence, date rape, risky sexual behavior, and 
                        prenatal alcohol exposure.
                            ``(ii) Developing or identifying successful 
                        clinical treatments for youth with alcohol 
                        problems.
                    ``(C) Peer review.--Research under subparagraph (A) 
                shall meet current Federal standards for scientific 
                peer review.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $6,000,000 for fiscal year 2007, and $6,000,000 for each of the 
        fiscal years 2008 through 2010.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 864

_______________________________________________________________________

                               AMENDMENT