SEC. 4. REQUIREMENTS.
(a) IN GENERAL.—The health warnings required for
alcoholic beverage advertisements by section 3(a)(1)
shall—
(1) be located in a conspicuous and prominent
place on each such advertisement, as determined by
the Secretary of Health and Human Services in reg-
ulations to take effect no later than 6 months after
the date of the enactment of this Act,
(2) shall require that all the regulations issued
by the Secretary under paragraph (1) shall require
that all letters in such health warnings appear in
conspicuous and legible type that is not script or
italic and that such health warnings be in contrast
by typography, layout, and color with all other print-
ed material in the advertisement, be surrounded by
typographic lines that form a box, and, on an appro-
priate visual medium, appear on the front of an ad-
vertisement as indicated by labeling of the manufac-
turer or importer, and
(3) be rotated in an alternating sequence on
each advertisement of a brand style in accordance
with a plan submitted by such manufacturer or im-
porter to the Secretary.
The Secretary shall approve a plan submitted under para-
graph (3) by a manufacturer or importer that assures that
each sequence of the same or substantially similar adver-
tisement for a brand style has displayed upon it an equal
distribution of each health warning at the same time. If
an application is approved by the Secretary, the rotation
shall apply with respect to the applicant during the one-
year period beginning on the date of the application ap-
proval.
(b) RADIO AND TELEVISION.—
(1) WARNINGS.—The health warnings required
for alcoholic beverage advertisements placed on radio
or television broadcasting by section 2(a)(2) shall—
(A) be included in a conspicuous and
prominent manner in such advertisement, as
determined by the Secretary of Health and
Human Services in regulations to take effect
not later than 6 months after the date of the
enactment of this Act, and
(B) be rotated in an alternating sequence
on each such advertisement of a brand style in
accordance with a plan submitted by such man-
ufacturer or importer to the Secretary.
The Secretary shall approve a plan submitted under
subparagraph (B) by a manufacturer or importer
that assures that an equal distribution of each of the
health warnings is displayed on each sequence of the
same or substantially similar advertisement for a
brand style at the same time. If an application is ap-
proved by the Secretary, the rotation shall apply
with respect to the applicant during the one-year pe-
riod beginning on the date of the application ap-
proval.
(2) REGULATIONS.—The regulations issued by
the Secretary under paragraph (1) shall require—
(A) that such health warnings be read as
part of an alcoholic beverage advertisement in
an audible and deliberate manner and in a
length of time that allows for a clear under-
standing of the health warning message by the
intended audience, and
(B) that for television a graphic represen-
tation of such health warning be included after
each advertisement, that all letters in such
health warning appear in conspicuous and leg-
ible type that is not script or italic, that such
health warning be surrounded by typographic
lines that form a box, and that such health
warning appear in the same length of time si-
multaneously with the reading of the message
required by subparagraph (A).
SEC. 5. DEFINITIONS.
As used in this Act—
(1) the term ‘‘alcoholic beverage’’ includes any
beverage in liquid form which contains not less than
one-half of one percent of alcohol by volume and is
intended for human consumption,
(2) the term ‘‘person’’ includes a State, a State
agency, or an officer or employee of a State or State
agency, and
(3) the term ‘‘State’’ includes—
(A) any political subdivision of a State,
(B) the District of Columbia,
(C) the Commonwealth of Puerto Rico,
(D) the Commonwealth of the Northern
Mariana Islands,
(E) Guam,
(F) the Virgin Islands,
(G) American Samoa,
(H) Wake Island,
(I) the Midway Islands,
(J) Kingman Reef, and
(K) Johnston Island.
SEC. 6. REPORT TO CONGRESS.
(a) INVESTIGATION.—Not earlier than 2 years after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall conduct an appropriate
investigation and consult with the Surgeon General to de-
termine whether available scientific information would jus-
tify a change in, an addition to, or deletion of, a health
warning set forth in section 3.
(b) REPORT.—If the Secretary of Health and Human
Services finds that available scientific information would
justify the change, addition, or deletion described in sub-
section (a), the Secretary shall promptly submit a report
to the appropriate committees of Congress containing—
(1) the information; and
(2) specific recommendations for such amend-
ments to this Act as the Secretary determines to be
appropriate and in the public interest.
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HR 1823 IH——2