STOP Act
PL 109-422 (H.R.864), enacted 12/20/2006

120 STAT. 2890
PUBLIC LAW 109–422—DEC. 20, 2006
Public Law 109–422
109th Congress
An Act
To provide for programs and activities with respect to the prevention of underage
drinking.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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 univer-
sities, are encouraged to adopt comprehensive prevention
approaches, including—
42 USC 201 note.
Sober Truth on
Preventing
Underage
Drinking Act.
Dec. 20, 2006
[H.R. 864]
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120 STAT. 2891
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(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 sup-
port and supplement these State efforts. States also have a
responsibility to fight youth access to alcohol and reduce under-
age 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, pre-
venting 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.—The Secretary, in collaboration with
the Federal officials specified in subparagraph (B), shall
formally establish and enhance the efforts of the inter-
agency 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 Administra-
tion, 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
Establishment.
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120 STAT. 2892
PUBLIC LAW 109–422—DEC. 20, 2006
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 bev-
erage 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 agen-
cies 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 under-
age 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 consist-
ency 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 treat-
ment services to those youth who need them.
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120 STAT. 2893
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(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, con-
sumer, 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 comprehen-
sive 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 comprehen-
sive liability statutes pertaining to underage access
to alcohol such as dram shop, social host, and
house party laws, and the prevalence of enforce-
ment 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 compli-
ance 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 con-
sumers 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.
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120 STAT. 2894
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(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 pre-
vent 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 pro-
grams 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 evalua-
tion of the national adult-oriented media public service cam-
paign if the Secretary determines that such campaign is effec-
tive 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 effective-
ness 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
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120 STAT. 2895
PUBLIC LAW 109–422—DEC. 20, 2006
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 appropria-
tions.
‘‘(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 sec-
tors and organizations of a community that first dem-
onstrates 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 commu-
nity 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 applica-
tion 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 pro-
vided 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 proce-
dures as the evaluation requirements and procedures
imposed on recipients of drug free community grants.
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120 STAT. 2896
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(G) DEFINITIONS.—For purposes of this paragraph, the
term ‘eligible entity’ means an organization that is cur-
rently 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 per-
cent 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 imple-
menting 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 preven-
tion 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 stu-
dents 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 applica-
tion submitted pursuant to subparagraph (B).
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120 STAT. 2897
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(D) ACCOUNTABILITY.—On the date on which the Sec-
retary first publishes a notice in the Federal Register solic-
iting 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 coali-
tions 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 pro-
vided 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 non-
profit 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 Edu-
cation 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 Common-
wealth 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 ‘sur-
rounding community’ means the community—
‘‘(I) that surrounds an institution of higher
education participating in a statewide coalition;
Notice.
Federal Register,
publication.
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120 STAT. 2898
PUBLIC LAW 109–422—DEC. 20, 2006
‘‘(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 per-
cent 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 cur-
rently 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 pre-
venting, 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.
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120 STAT. 2899
PUBLIC LAW 109–422—DEC. 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.
‘‘(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.
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