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 under-
age drinking in the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Media Cam-
paign to Prevent Underage Drinking Act of 2000’’.
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 is amend-
ed by adding at the end the following section:
‘‘NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE
DRINKING
‘‘SEC. 1711. (a) REQUIREMENT TO CONDUCT A NA-
TIONAL MEDIA CAMPAIGN.—
‘‘(1) IN
GENERAL.—The Secretary shall de-
velop, implement, and conduct a national media
campaign in accordance with this section for the
purpose of reducing and preventing underage drink-
ing 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 sci-
entific research on youth attitudes and the preva-
lence 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 devel-
oping, 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 co-
ordinate with other Federal agencies and depart-
ments, 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 treat-
ment resources for consumers within specific geo-
graphic 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 suf-
ficient funds to the advertising portion of the na-
tional 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 comprehen-
sive strategy planning document;
‘‘(ii) the purchase of media time and
space;
‘‘(iii) talent reuse payments;
‘‘(iv) out-of-pocket advertising produc-
tion costs;
‘‘(v) testing and evaluation of adver-
tising;
‘‘(vi) evaluation of the effectiveness of
the media campaign; and
‘‘(vii) the negotiated fees for the win-
ning 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 govern-
ment organizations related to the media
campaign; and
‘‘(ii) entertainment industry collabora-
tions to fashion underage-drinking preven-
tion messages in motion pictures, television
programming, popular music, interactive
(Internet and new) media projects and ac-
tivities, 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 of-
fice, cabinet level officials, or other Federal offi-
cials employed pursuant to section 213 of
schedule C of title 5, Code of Federal Regula-
tions, 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 mes-
sages bearing any company or brand logos or
other identifying corporate or trade informa-
tion.
‘‘(4) MATCHING REQUIREMENT.—As a condi-
tion 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-Fed-
eral contributions to the national media campaign
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 an-
nouncements specifically directed to reducing and
preventing underage drinking.
‘‘(c) REPORTS TO CONGRESS.—
‘‘(1) COMPREHENSIVE
STRATEGY.—Not later
than 6 months after the date of the enactment of
this section, the Secretary shall develop and submit
to the Congress a comprehensive strategy that iden-
tifies the nature and extent of the problem of under-
age drinking, the scientific basis for the strategy, in-
cluding a review of the existing scientific research,
target audiences, goals and objectives of the cam-
paign, message points that will be effective in chang-
ing attitudes and behavior, a campaign outline and
implementation plan, an evaluation plan, and the es-
timated costs of implementation.
‘‘(2) ANNUAL REPORTS.—The Secretary shall
submit to the Congress each year a report on the ac-
tivities for which amounts available under subsection
(e) were obligated during the preceding year, includ-
ing information for each quarter of such year, and
on the specific parameters of the national media
campaign including whether the campaign is achiev-
ing identified performance goals based on an inde-
pendent evaluation.
‘‘(3) PROGRESS REPORT.—Not later than one
year after the date of the enactment of this section,
the Secretary shall submit to the Congress a report
on the progress of the national media campaign
based on measurable outcomes provided to the Con-
gress previously.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘underage drinking’ means any consumption of alco-
holic 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 the fiscal years 2001
through 2006.
‘‘(2) LIMITATION REGARDING COMPREHENSIVE
STRATEGY
ACTIVITIES.—Of the amounts appro-
priated under paragraph (1), the Secretary may not
expend more than $1,000,000 to carry out sub-
section (c)(1).’’.
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