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104TH CONGRESS

2D SESSION H. R. 3475

To require an annual report by the Secretary of Health and Human Services

on alcohol advertising practices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. KENNEDY of Massachusetts (for himself, Mr. HINCHEY, Mr.

FALEOMAVAEGA, and Mr. FATTAH) introduced the following bill; which

was referred to the Committee on Commerce

A BILL

To require an annual report by the Secretary of Health

and Human Services on alcohol advertising practices,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Alcohol Advertising

5 Accountability Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) In 1995, the Department of Health and

9 Human Services found that there is a significant un-
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1 derage drinking problem and estimated that there

2 are 11 million drinkers of alcoholic beverages who

3 are under the age of 21. Of that number, 2 million

4 are heavy drinkers of such beverages.

5 (2) In 1995, the proportion of students having

6 5 or more drinks in a row during the 2 week period

7 preceding the Monitoring the Future Survey were 15

8 percent for 8th graders, 24 percent for 10th grad9 ers, and 30 percent for 12th graders.

10 (3) The median age at which children begin

11 drinking alcoholic beverages is just over 13 years. 67

12 percent of students in the 8th grade have tried an

13 alcoholic beverage.

14 (4) A 1995 survey found that 50 percent of the

15 teenagers who were asked said that alcohol is a more

16 serious problem among today’s youth than illicit

17 drugs.

18 (5) In 1993, nearly 10 percent (over 110,000)

19 of the clients admitted to State-funded alcohol treat20 ment programs were under the age of 21.

21 (6) Alcoholic beverage companies spent $2 bil22 lion to advertise and promote their products in

23 1995. The budget of the National Institute on Alco24 hol Abuse and Alcoholism for the same year was

25 $176 million.
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1 (7) According to a study published in the Amer2 ican Journal of Public Health, viewing beer ads on

3 television may predispose young people to drinking

4 beer. Children who are more aware of beer advertise5 ments hold more favorable beliefs about drinking

6 beer and intend to drink beer more frequently as

7 adults.

8 (8) Almost half of all adults think that alcohol

9 industry advertising greatly influences underage

10 youth to drink alcoholic beverages, another one-third

11 think industry advertising has some influence.

12 SEC. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTIS13 ING.

14 (a) ACTION BY THE SECRETARY.—The Secretary of

15 Health and Human Services shall report annually to the

16 Congress on alcohol advertising, its profile and its effects.

17 To assist the Secretary in gathering information for such

18 report, the Secretary shall establish a panel made up of

19 such individuals as the Secretary, in the Secretary’s dis20 cretion, may select from individuals in the Department of

21 Health and Human Services or any other Federal agency.

22 (b) PANEL FUNCTION.—The panel established by the

23 Secretary of Health and Human Services under subsection

24 (a) shall review alcohol advertising in all media, including

25 broadcast and cable television, other electronic means, and
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1 print and outdoor advertising and review promotional ac2 tivities undertaken to promote the sale of alcoholic bev3 erages. The Secretary shall convene at least 2 public hear4 ings before the panel established under subsection (a) each

5 year and shall have the panel conduct a hearing in each

6 of the regional offices of the Department of Health and

7 Human Services over the 5-year period beginning on the

8 date of the enactment of this Act.

9 (c) REPORT CONTENT.—The report of the Secretary

10 of Health and Human Services under subsection (a) shall

11 be developed on the basis of the work conducted by the

12 panel established under subsection (a) and shall include—

13 (1) an identification of—

14 (A) the media used by alcohol advertising

15 to reach children,

16 (B) the total expenditures for alcoholic

17 beverage advertising in each media and in pro18 motions,

19 (C) the extent to which media program au20 diences are under the age of 21,

21 (D) an identification of the types and

22 themes of alcohol advertising in all media (espe23 cially in broadcast) and other electronic means,
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1 (E) any graphics, slogans, children’s char2 acters, and techniques that are used and that

3 appeal to youth, and

4 (F) the extent to which other promotional

5 efforts used to market alcoholic beverages which

6 appear in clothing, sporting events, contests,

7 and concerts appeal to individuals under the

8 age of 21;

9 (2) a determination of the extent to which

10 young people are exposed to alcohol advertising and

11 promotions of alcoholic beverages;

12 (3) an evaluation of the relationship between al13 cohol advertising practices and underage drinking,

14 drunk driving, and related public health problems;

15 and

16 (4) an evaluation of alcohol industry sponsored

17 campaigns addressing public service and prevention

18 messages for underage drinking, drunk driving, and

19 other alcohol-related topics.

20 (d) RECOMMENDATIONS.—The report of the Sec21 retary of Health and Human Services under subsection

22 (a) shall also include such recommendations for legislation

23 as the Secretary determines are appropriate.

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