[109th Congress Public Law 422]
[From the U.S. Government Printing Office]


[DOCID: f:publ422.109]

[[Page 2889]]

             SOBER TRUTH ON PREVENTING UNDERAGE DRINKING ACT

[[Page 120 STAT. 2890]]

Public Law 109-422
109th Congress

                                 An Act


 
To provide for programs and activities with respect to the prevention of 
        underage drinking. <<NOTE: Dec. 20, 2006 -  [H.R. 864]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sober Truth on 
Preventing Underage Drinking Act.>> 

SECTION 1. <<NOTE: 42 USC 201 note.>> 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--

[[Page 120 STAT. 2891]]

                    ``(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.-- <<NOTE: Establishment.>> 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

[[Page 120 STAT. 2892]]

                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.

[[Page 120 STAT. 2893]]

            ``(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.

[[Page 120 STAT. 2894]]

                                    ``(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

[[Page 120 STAT. 2895]]

                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.

[[Page 120 STAT. 2896]]

                    ``(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).

[[Page 120 STAT. 2897]]

                    ``(D) Accountability.-- <<NOTE: Notice. Federal 
                Register, publication.>> 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;

[[Page 120 STAT. 2898]]

                                    ``(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.

[[Page 120 STAT. 2899]]

            ``(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.''.

    Approved December 20, 2006.

LEGISLATIVE HISTORY--H.R. 864:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Nov. 14, considered and passed House.
            Dec. 6, considered and passed Senate, amended.
            Dec. 7, House concurred in Senate amendment.

                                  <all>