[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7105
To provide for programs and activities with respect to the prevention
of underage drinking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2022
Ms. Roybal-Allard (for herself, Mr. Joyce of Ohio, Ms. DeLauro, Mr.
Fitzpatrick, and Mr. Tonko) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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 Reauthorization 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.
``(b) Sense of Congress.--It is the sense of the Congress that:
``(1) A multifaceted 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
section 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 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
universities, are encouraged to adopt comprehensive prevention
approaches, including--
``(A) evidence-based screening, programs, and
curricula;
``(B) brief intervention strategies;
``(C) consistent policy enforcement; and
``(D) science-based strategies to reduce underage
drinking.
``(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 and social media
platforms 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,
television programs, or social media 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
support and supplement these State efforts. States also have a
responsibility to fight youth access to alcohol and reduce
underage 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, preventing illegal access to alcohol
by persons under 21 years of age from commercial and
noncommercial sources, maintaining industry integrity and an
orderly marketplace, and furthering effective State tax
collection.
``(8) The age-21 minimum drinking law, enacted in 1984, has
been a remarkably effective public health and safety policy, as
evidenced by the fact that the percentage of 12th graders who
have drunk alcohol in the past month has fallen by one-half
since the enactment of such law.
``(9) The age-21 law has also has been significantly
effective in reducing drinking and driving traffic fatalities,
as the National Highway Traffic Safety Administration (NHTSA)
estimates that the age-21 law has saved over 31,000 lives since
its inception.
``(10) Community awareness, support, and mobilization
provide an important context for the effective enforcement of
the age-21 minimum drinking law.
``(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 continue to support and enhance the efforts
of the interagency 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
subparagraph (A) 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
Assistant Secretary for Mental Health and Substance
Use, 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 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 beverage 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 agencies designed to prevent
and reduce underage drinking, focusing
particularly on programs and policies
that support the adoption and
enforcement of State policies designed
to prevent and reduce underage drinking
as specified in paragraph (2);
``(II) the extent of progress in
preventing and reducing underage
drinking at State and national levels;
``(III) data that the Secretary
shall collect with respect to the
information specified in clause (ii);
and
``(IV) such other information
regarding underage 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,
social media, and the entertainment
media.
``(IV) Surveillance data, including
information on the onset and prevalence
of underage drinking, consumption
patterns, beverage preferences,
prevalence of drinking among students
at institutions of higher education,
correlations between adult and youth
drinking, and the means of underage
access, including trends over time for
these surveillance data. The Secretary
shall develop a plan to improve the
collection, measurement, and
consistency 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 including a review of
the research literature related to
State laws, regulations, and policies
designed to prevent and reduce underage
drinking, as described in paragraph
(2)(B)(i).
``(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, consumer, and alcohol beverage industry
groups, annually issue a report on each State's
performance in enacting, enforcing, and creating laws,
regulations, and policies to prevent or reduce underage
drinking based on an assessment of best practices
developed pursuant to paragraph (1)(F)(ii)(VI) and
subparagraph (B)(i). For purposes of this paragraph,
each such report, with respect to a year, shall be
referred to as the `State Report'. Each State Report
shall be designed as a resource tool for Federal
agencies assisting States in the their underage
drinking prevention efforts, State public health and
law enforcement agencies, State and local policymakers,
and underage drinking prevention coalitions including
those receiving grants pursuant to subsection (e).
``(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
State Report on best practices as they relate
to State laws, regulations, policies, and
enforcement practices.
``(ii) State report content.--The State
Report shall include updates on State laws,
regulations, and policies included in previous
reports to Congress, including with respect to
the following:
``(I) Whether or not the State has
comprehensive 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
comprehensive liability statutes
pertaining to underage access to
alcohol such as dram shop, social host,
and house party laws, and the
prevalence of enforcement 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 compliance 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 consumers 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 enacted graduated drivers licenses
and the extent of those provisions.
``(iii) Additional categories.--In addition
to the updates on State laws, regulations, and
policies listed in clause (ii), the Secretary
shall consider the following:
``(I) Whether or not States have
adopted laws, regulations, and policies
that deter underage alcohol use, as
described in `The Surgeon General's
Call to Action to Prevent and Reduce
Underage Drinking' issued in 2007 and
`Facing Addiction in America: The
Surgeon General's Report on Alcohol,
Drugs and Health' issued in 2016,
including restrictions on low-price,
high-volume drink specials, and
wholesaler pricing provisions.
``(II) Whether or not States have
adopted laws, regulations, and policies
designed to reduce alcohol advertising
messages attractive to youth and youth
exposure to alcohol advertising and
marketing in measured and unmeasured
media and digital and social media.
``(III) Whether or not States have
laws and policies that promote underage
drinking prevention policy development
by local jurisdictions.
``(IV) Whether or not States have
adopted laws, regulations, and policies
to restrict youth access to alcoholic
beverages that may pose special risks
to youth, including but not limited to
alcoholic mists, gelatins, freezer
pops, premixed caffeinated alcoholic
beverages, and flavored malt beverages.
``(V) Whether or not States have
adopted uniform best practices
protocols for conducting compliance
checks and shoulder tap programs.
``(VI) Whether or not States have
adopted uniform best practices penalty
protocols for violations of laws
prohibiting retail licensees from
selling or furnishing of alcohol to
minors.
``(iv) Uniform data system.--For
performance measures related to enforcement of
underage drinking laws as specified in clauses
(ii) and (iii), the Secretary shall develop and
test a uniform data system for reporting State
enforcement data, including the development of
a pilot program for this purpose. The pilot
program shall include procedures for collecting
enforcement data from both State and local law
enforcement jurisdictions.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2023 through 2027.
``(d) National Media Campaign To Prevent Underage Drinking.--
``(1) In general.--The Secretary, in consultation with the
National Highway Traffic Safety Administration, shall develop
an intensive, multifaceted, adult-oriented national media
campaign to reduce underage drinking by influencing attitudes
regarding underage drinking, increasing the willingness of
adults to take actions to reduce underage drinking, and
encouraging public policy changes known to decrease underage
drinking rates.
``(2) Purpose.--The purpose of the national media campaign
described in this section shall be to achieve the following
objectives:
``(A) Instill a broad societal commitment to reduce
underage drinking.
``(B) Increase specific actions by adults that are
meant to discourage or inhibit underage drinking.
``(C) Decrease adult conduct that tends to
facilitate or condone underage drinking.
``(3) Components.--When implementing the national media
campaign described in this section, the Secretary shall--
``(A) educate the public about the public health
and safety benefits of evidence-based policies to
reduce underage drinking, including minimum legal
drinking age laws, and build public and parental
support for and cooperation with enforcement of such
policies;
``(B) educate the public about the negative
consequences of underage drinking;
``(C) promote specific actions by adults that are
meant to discourage or inhibit underage drinking,
including positive behavior modeling, general parental
monitoring, and consistent and appropriate discipline;
``(D) discourage adult conduct that tends to
facilitate underage drinking, including the hosting of
underage parties with alcohol and the purchasing of
alcoholic beverages on behalf of underage youth;
``(E) establish collaborative relationships with
local and national organizations and institutions to
further the goals of the campaign and assure that the
messages of the campaign are disseminated from a
variety of sources;
``(F) conduct the campaign through multi-media
sources; and
``(G) conduct the campaign with regard to changing
demographics and cultural and linguistic factors.
``(4) Consultation requirement.--In developing and
implementing the national media campaign described in this
section, the Secretary shall consult recommendations for
reducing underage drinking published by the National Academy of
Sciences and the Surgeon General. The Secretary shall also
consult with interested parties including medical, public
health, and consumer and parent groups, law enforcement,
institutions of higher education, community organizations and
coalitions, and other stakeholders supportive of the goals of
the campaign.
``(5) Annual report.--The Secretary shall produce an annual
report on the progress of the development or implementation of
the media campaign described in this subsection, including
expenses and projected costs, and, as such information is
available, report on the effectiveness of such campaign in
affecting adult attitudes toward underage drinking and adult
willingness to take actions to decrease underage drinking.
``(6) Research on youth-oriented campaign.--The Secretary
may, based on the availability of funds, conduct research on
the potential success of a youth-oriented national media
campaign to reduce underage drinking. The Secretary shall
report any such results to Congress with policy recommendations
on establishing such a campaign.
``(7) Administration.--The Secretary may enter into a
subcontract with another Federal agency to delegate the
authority for execution and administration of the adult-
oriented national media campaign.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000 for
each of fiscal years 2023 through 2027.
``(e) Community-Based Coalition Enhancement Grants To Prevent
Underage Drinking.--
``(1) Authorization of program.--The Assistant Secretary
for Mental Health and Substance Use, in consultation with the
Director of the Office of National Drug Control Policy, shall
award enhancement grants to eligible entities to design,
implement, evaluate, and disseminate comprehensive strategies
to maximize the effectiveness of community-wide approaches to
preventing and reducing underage drinking. This subsection is
subject to the availability of appropriations.
``(2) Purposes.--The purposes of this subsection are to--
``(A) prevent and reduce alcohol use among youth in
communities throughout the United States;
``(B) strengthen collaboration among communities,
the Federal Government, Tribal Governments, and State
and local governments;
``(C) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
``(D) serve as a catalyst for increased citizen
participation and greater collaboration among all
sectors and organizations of a community that first
demonstrates a long-term commitment to reducing alcohol
use among youth;
``(E) implement state-of-the-art science-based
strategies to prevent and reduce underage drinking by
changing local conditions in communities; and
``(F) enhance, not supplant, effective local
community initiatives for preventing and reducing
alcohol use among youth.
``(3) Application.--An eligible entity desiring an
enhancement grant under this subsection shall submit an
application to the Assistant Secretary at such time, and in
such manner, and accompanied by such information and
assurances, as the Assistant Secretary may require. Each
application shall include--
``(A) 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
``(B) 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.
``(4) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds to carry
out the activities described in such entity's application
submitted pursuant to paragraph (3) and obtain specialized
training and technical assistance by the entity funded under
section 4 of Public Law 107-82, as amended (21 U.S.C. 1521
note). Grants under this subsection shall not exceed $60,000
per year and may not exceed four years.
``(5) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
``(6) Evaluation.--Grants under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on
recipients of drug-free community grants.
``(7) Definitions.--For purposes of this subsection, the
term `eligible entity' means an organization that is currently
receiving or has received grant funds under the Drug-Free
Communities Act of 1997.
``(8) Administrative expenses.--Not more than 6 percent of
a grant under this subsection may be expended for
administrative expenses.
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $11,500,000 for
each of fiscal years 2023 through 2027.
``(f) Grants to Professional Pediatric Provider Organizations To
Reduce Underage Drinking Through Screening and Brief Interventions.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
make one or more grants to professional pediatric provider
organizations to increase among the members of such
organizations effective practices to reduce the prevalence of
alcohol use among individuals under the age of 21, including
college students.
``(2) Purposes.--Grants under this subsection shall be made
to promote the practices of--
``(A) screening children and adolescents for
alcohol use;
``(B) offering brief interventions to children and
adolescents to discourage such use;
``(C) educating parents about the dangers of and
methods of discouraging such use;
``(D) diagnosing and treating alcohol use
disorders; and
``(E) referring patients, when necessary, to other
appropriate care.
``(3) Use of funds.--A professional pediatric provider
organization receiving a grant under this section may use the
grant funding to promote the practices specified in paragraph
(2) among its members by--
``(A) providing training to health care providers;
``(B) disseminating best practices, including
culturally and linguistically appropriate best
practices, and developing, printing, and distributing
materials; and
``(C) supporting other activities approved by the
Assistant Secretary.
``(4) Application.--To be eligible to receive a grant under
this subsection, a professional pediatric provider organization
shall submit an application to the Assistant Secretary at such
time, and in such manner, and accompanied by such information
and assurances as the Secretary may require. Each application
shall include--
``(A) a description of the pediatric provider
organization;
``(B) a description of the activities to be
completed that will promote the practices specified in
paragraph (2);
``(C) a description of the organization's
qualifications for performing such practices; and
``(D) a timeline for the completion of such
activities.
``(5) Definitions.--For the purpose of this subsection:
``(A) Brief intervention.--The term `brief
intervention' means, after screening a patient,
providing the patient with brief advice and other brief
motivational enhancement techniques designed to
increase the insight of the patient regarding the
patient's alcohol use, and any realized or potential
consequences of such use to effect the desired related
behavioral change.
``(B) Children and adolescents.--The term `children
and adolescents' means individuals under 21 years of
age.
``(C) Professional pediatric provider
organization.--The term `professional pediatric
provider organization' means an organization or
association that--
``(i) consists of or represents pediatric
health care providers; and
``(ii) is qualified to promote the
practices specified in paragraph (2).
``(D) Screening.--The term `screening' means using
validated patient interview techniques to identify and
assess the existence and extent of alcohol use in a
patient.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
each of fiscal years 2023 through 2027.
``(g) Data Collection and 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 currently being conducted or supported by the
Department of Health and Human Services, on underage
drinking, with respect to the following:
``(i) Improve data collection in support of
evaluation of the effectiveness of
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, such as
programs funded and implemented by governmental
entities, public health interest groups and
foundations, and alcohol beverage companies and
trade associations, through the development of
models of State-level epidemiological
surveillance of underage drinking by funding in
States or large metropolitan areas new
epidemiologists focused on excessive drinking
including underage alcohol use.
``(ii) 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 preventing, 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) Synthesize, expand on, and widely
disseminate existing research on effective
strategies for reducing underage drinking,
including translational research, and make this
research easily accessible to the general
public.
``(iv) Improve and conduct public health
surveillance on alcohol use and alcohol-related
conditions in States by increasing the use of
surveys, such as the Behavioral Risk Factor
Surveillance System, to monitor binge and
excessive drinking and related harms among
individuals who are at least 18 years of age,
but not more than 20 years of age, including
harm caused to self or others as a result of
alcohol use that is not duplicative of research
currently being conducted or supported by the
Department of Health and Human Services.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2023
through 2027.
``(2) National academy of sciences study.--
``(A) In general.--Not later than 12 months after
the enactment of the Sober Truth on Preventing Underage
Drinking Reauthorization Act, the Secretary shall--
``(i) contract with the National Academy of
Sciences to conduct a review of the research
literature regarding the influence of drinking
alcohol on the development of the adolescent
brain and the public policy implications of
this research; and
``(ii) report to the Congress on the
results of such review.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $500,000 for fiscal year 2023.''.
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