I

106TH CONGRESS

2D SESSION H. R. 5137

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 HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2000

Mr. MICA (for himself, Ms. ROYBAL-ALLARD, Mr. WOLF, Mr. WAXMAN, Ms.

PELOSI, Mr. HOYER, Mr. WAMP, Mr. RAMSTAD, Mr. PORTMAN, Mr.

BROWN of Ohio, Mr. MARKEY, Mr. DAVIS of Virginia, Mrs. CAPPS, Mr.

HINCHEY, Mrs. LOWEY, Mr. REYES, and Mrs. MORELLA) introduced the

following bill; which was referred to the Committee on Commerce

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.

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 ‘‘National Media Cam5 paign to Prevent Underage Drinking Act of 2000’’.
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1 SEC. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES,

2 OFFICE OF PUBLIC HEALTH AND SCIENCE;

3 PROGRAM FOR NATIONAL MEDIA CAMPAIGN

4 TO PREVENT UNDERAGE DRINKING.

5 Title XVII of the Public Health Service Act is amend6 ed by adding at the end the following section:

7 ‘‘NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE

8 DRINKING

9 ‘‘SEC. 1711. (a) REQUIREMENT TO CONDUCT A NA10 TIONAL MEDIA CAMPAIGN.—

11 ‘‘(1) IN GENERAL.—The Secretary shall de12 velop, implement, and conduct a national media

13 campaign in accordance with this section for the

14 purpose of reducing and preventing underage drink15 ing in the United States.

16 ‘‘(2) ADMINISTRATION.—The Secretary shall

17 carry out this section through the Office of Public

18 Health and Science and in consultation with the

19 Surgeon General of the Public Health Service.

20 ‘‘(3) BASED ON SCIENCE.—The Secretary shall

21 develop, implement, and conduct the national media

22 campaign based upon reputable academic and sci23 entific research on youth attitudes and the preva24 lence of underage drinking in the United States, as

25 well as on the science and research on mass media

26 prevention campaigns.
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1 ‘‘(4) SUPPLEMENT; NOT SUPPLANT.—In devel2 oping, implementing, and conducting the national

3 media campaign, the Secretary shall supplement

4 (and not supplant) existing efforts by State, local,

5 private, and nonprofit entities to reduce and prevent

6 underage drinking in the United States and shall co7 ordinate with other Federal agencies and depart8 ments, including the Centers for Disease Control

9 and Prevention, the National Institute on Alcohol

10 Abuse and Alcoholism, the Substance Abuse and

11 Mental Health Services Administration, the National

12 Institute on Drug Abuse, the Department of Justice,

13 the Department of Transportation, and the Office of

14 National Drug Control Policy.

15 ‘‘(5) TARGETING.—The Secretary shall, to the

16 maximum extent feasible, use amounts available

17 under subsection (e) for media that focuses on, or

18 includes specific information on, prevention or treat19 ment resources for consumers within specific geo20 graphic local areas. The Secretary shall ensure that

21 the national media campaign includes messages that

22 are language-appropriate and culturally competent

23 to reach minority groups.

24 ‘‘(b) USE OF FUNDS.—
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1 ‘‘(1) ADVERTISING.—Of the amounts available

2 under subsection (e), the Secretary shall devote suf3 ficient funds to the advertising portion of the na4 tional media campaign to meet the stated reach and

5 frequency goals of the campaign.

6 ‘‘(2) AUTHORIZED USES.—

7 ‘‘(A) IN GENERAL.—Amounts available

8 under subsection (e) for the national media

9 campaign may only be used for the development

10 of the campaign and—

11 ‘‘(i) the development of a comprehen12 sive strategy planning document;

13 ‘‘(ii) the purchase of media time and

14 space;

15 ‘‘(iii) talent reuse payments;

16 ‘‘(iv) out-of-pocket advertising produc17 tion costs;

18 ‘‘(v) testing and evaluation of adver19 tising;

20 ‘‘(vi) evaluation of the effectiveness of

21 the media campaign; and

22 ‘‘(vii) the negotiated fees for the win23 ning bidder on request for proposals issued

24 by the Assistant Secretary for Health.
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1 ‘‘(B) CERTAIN USES.—In support of the

2 primary goal of developing, implementing and

3 conducting an effective advertising campaign,

4 funds available under subsection (e) may be

5 used for—

6 ‘‘(i) partnerships with community,

7 civic, and professional groups, and govern8 ment organizations related to the media

9 campaign; and

10 ‘‘(ii) entertainment industry collabora11 tions to fashion underage-drinking preven12 tion messages in motion pictures, television

13 programming, popular music, interactive

14 (Internet and new) media projects and ac15 tivities, public information, news media

16 outreach, and corporate sponsorship and

17 participation.

18 ‘‘(3) PROHIBITIONS.—None of the amounts

19 available under subsection (e) may be obligated or

20 expended—

21 ‘‘(A) to supplant efforts of community22 based coalitions to reduce and prevent underage

23 drinking;
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1 ‘‘(B) to supplant current pro bono public

2 service time donated by national and local

3 broadcasting networks;

4 ‘‘(C) for partisan political purposes;

5 ‘‘(D) to fund media campaigns that feature

6 any elected officials, persons seeking elected of7 fice, cabinet level officials, or other Federal offi8 cials employed pursuant to section 213 of

9 schedule C of title 5, Code of Federal Regula10 tions, unless the Assistant Secretary for Health

11 provides advance notice to the appropriations

12 committees, the oversight committees, and the

13 appropriate authorizing committees of the

14 House of Representatives and the Senate; or

15 ‘‘(E) to fund or support advertising mes16 sages bearing any company or brand logos or

17 other identifying corporate or trade informa18 tion.

19 ‘‘(4) MATCHING REQUIREMENT.—As a condi20 tion of each purchase of media time or space for the

21 national media campaign, the Secretary shall require

22 that the seller of the time or space provide non-Fed23 eral contributions to the national media campaign

24 equal to 50 percent of the purchase price of the time

25 or space, which may be contributions of funds, or in-
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1 kind contributions in the form of public service an2 nouncements specifically directed to reducing and

3 preventing underage drinking.

4 ‘‘(c) REPORTS TO CONGRESS.—

5 ‘‘(1) COMPREHENSIVE STRATEGY.—Not later

6 than 6 months after the date of the enactment of

7 this section, the Secretary shall develop and submit

8 to the Congress a comprehensive strategy that iden9 tifies the nature and extent of the problem of under10 age drinking, the scientific basis for the strategy, in11 cluding a review of the existing scientific research,

12 target audiences, goals and objectives of the cam13 paign, message points that will be effective in chang14 ing attitudes and behavior, a campaign outline and

15 implementation plan, an evaluation plan, and the es16 timated costs of implementation.

17 ‘‘(2) ANNUAL REPORTS.—The Secretary shall

18 submit to the Congress each year a report on the ac19 tivities for which amounts available under subsection

20 (e) were obligated during the preceding year, includ21 ing information for each quarter of such year, and

22 on the specific parameters of the national media

23 campaign including whether the campaign is achiev24 ing identified performance goals based on an inde25 pendent evaluation.
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1 ‘‘(3) PROGRESS REPORT.—Not later than one

2 year after the date of the enactment of this section,

3 the Secretary shall submit to the Congress a report

4 on the progress of the national media campaign

5 based on measurable outcomes provided to the Con6 gress previously.

7 ‘‘(d) DEFINITION.—For purposes of this section, the

8 term ‘underage drinking’ means any consumption of alco9 holic beverages by individuals who have not attained the

10 age at which (in the State involved) it is legal to purchase

11 such beverages.

12 ‘‘(e) FUNDING.—

13 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

14 For the purpose of carrying out this section, there

15 are authorized to be appropriated such sums as may

16 be necessary for each of the fiscal years 2001

17 through 2006.

18 ‘‘(2) LIMITATION REGARDING COMPREHENSIVE

19 STRATEGY ACTIVITIES.—Of the amounts appro20 priated under paragraph (1), the Secretary may not

21 expend more than $1,000,000 to carry out sub22 section (c)(1).’’.

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