Alcohol and Public Policy Beyond the Shadow of Prohibition (1981) / Chapter Skim
Currently Skimming:
The Role of Nonalcohol Agencies in Federal Regulation of Drinking Behavior and Consequences
The Role of Nonalcohol Agencies in Federal Regulation of Drinking Behavior and Consequences
Pages 388-458
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 388... ...
FEDERAL AUTHORITY TO REGULATE THE ALCOHOL MARKET Since the end of Prohibition, federal responsibility for regulating the distribution of alcoholic beverages and the prevention of alcohol-related James F Mosher and Joseph R
|
From page 389... ...
and the National Institute of Alcohol Abuse and Alcoholism (NIAAA) are the primary federal agencies affecting the national alcohol policy.
|
From page 390... ...
SCOPE OF THE PAPER Much of this federal authority, which rests largely outside BATE and NIAAA, has been ignored in the formation of federal alcohol policy and in most alcohol literature. Two areas in particular appear to have been neglected the regulation of alcohol availability and the regulation of drinking contexts.
|
From page 391... ...
1977~. Alcohol has been demonstrated to be a causal factor in these problems, and prevention strategies have emphasized deterring the drinking behavior rather than addressing other causal factors surrounding the drinking context.
|
From page 392... ...
For example, if an agency is mandated to collect statistics to determine the causal factors of particular accidents, there may be a strong basis for urging the agency to include alcohol as a potential variable. We have outlined the scope of statutory responsibility (and have also talked with staff to determine each agency's own view of this responsibility)
|
From page 393... ...
. Court decisions have explicitly held that the 21st Amendment does not necessarily give states jurisdiction over the distribution of alcoholic beverages on federal land.4 The major federal agencies with authority to regulate alcohol distribution are: the Department of Defense; the National Forest Service; the Bureau of Land Management; the National Park Service; the Army Corps of Engineers; and the Bureau of Indian Affairs.
|
From page 394... ...
The National Park Service maintains 320 areas, and in 1978 283 million people visited park lands. There are 400 park concessions, of which 151 sell alcoholic beverages, and sales from these reached $5.8 million in 1978, which was 3 percent of total concession sales.
|
From page 395... ...
The bureau relies heavily on local law and law enforcement, and there are no provisions relating to alcoholic beverages in its regulations. However, it does regulate numerous other activities on bureau lands.
|
From page 396... ...
No official figures are available on the number of outlets or on sales volume. The National Forest Service exercises some control over alcoholic beverages by issuing lease-permits to concession operators, which are subject to special conditions.
|
From page 397... ...
Rather, it was part of a move to detribalize the reservations, to promote integration of native Americans into the American mainstream, and to delegate authority to the states. Detribalization did in fact occur in several states, and the BIA's change of alcohol policy there signaled the beginning of state authority.
|
From page 398... ...
system, a major component of the military's recreational services, provides the primary on-premise outlets. It sells all types of alcoholic beverages for consumption on the premises and sells beer for off-premise consumption.
|
From page 399... ...
All three services operate package stores. The stores sell all types of alcoholic beverages and may or may not be found in conjunction with post-exchange stores.
|
From page 400... ...
The Air Force recently amended its regulations to permit I8-year-olds to purchase and consume beer at Air Force outlets regardless of local law.7 The services also attempt to restrict the resale of alcoholic beverages by the purchaser. As discussed below, military alcohol sales are generally much less expensive than civilian sales.
|
From page 401... ...
Nonalcoholic beverages must always be available.
|
From page 402... ...
For our purposes it is interesting to note that both economic factors and factors relating to alcohol-related problems are included. Pricing Policies The Defense Department has promulgated a directive that requires that sales of alcoholic beverages in package stores cannot be less than 10 percent below the lowest prevailing rates of civilian outlets in the area.
|
From page 403... ...
Other than Defense Department agencies and the BIA, there appears to be little expectation of major changes in current attitudes, at least in the absence of congressional action to force policy initiatives or to centralize alcohol distribution authority—equally unlikely prospects. Agencies such as the National Forest Service simply do not consider alcohol distribution and problems as part of their mandate.
|
From page 404... ...
Increased interest in and concern about alcohol abuse has provided an impetus to examine the network of military alcohol distribution. As the deglamorization guidelines suggest, Pentagon officials recognize that practices of service tend to encourage problem drinking and to obstracize nondrinkers.
|
From page 405... ...
The publicity concerning these alcohol-related problems can be viewed as part of the Navy's attempt to address directly the issues involved. Our contacts with naval officials found that the recently instituted Naval Alcohol Safety Action Program (NASAP)
|
From page 406... ...
The following initiatives are suggested: (1) A concerted effort to reform the financing of alcohol sales.
|
From page 407... ...
Raising the package store price for alcohol also provides a promising strategy for aligning the military's alcohol sales authority with its interest in reducing alcohol problems. In addition to the GAO findings, anecdotal reports indicate that discounts may be much more substantial than those authorized by the Defense Department.
|
From page 408... ...
. Many of the reforms in a recent California experiment, conducted by the California Alcoholic Beverage Control Department, are along the lines of the deglamorization guidelines (Mosher and Wallack 1979~.
|
From page 409... ...
FEDERAL SAFETY-BASED JURISDICTION OF ALCOHOL-RELATED PROBLEMS INTROD UCTION The History of Safety Regulation One of the most expanding aspects of federal jurisdiction during this century concerns regulatory efforts to enhance the safety of our environment. Although the 19th century witnessed the growth of safetyrelated inventions (such as the safety pin and safety match)
|
From page 410... ...
By the late 1960s there was a proliferation of safety agencies to perform the tasks taken on the Occupational Health and Safety Administration (OSHA) , the Consumer Product Safety Commission (CPSC)
|
From page 411... ...
Thus, despite our increasing emphasis on safety, the political forces that affect the decision-making process create a danger that the decisions will reflect political rather than safety concerns. The experience of the Consumer Product Safety Commission, described below, illustrates the political problems that may affect the role of safety agencies.
|
From page 412... ...
Most commonly, alcoholism is viewed as the problem to be addressed, and treatment and rehabilitation programs for alcoholics are relied upon.~° When safety agencies and alcohol policy makers do coordinate activities, alcoholism programs are virtually the exclusive strategy employed. These programs have proven to be of only limited value in reducing risks, however, because alcoholism treatment is not a very specific policy instrument for changing drinking behavior in particular situations (e.g., before driving a car)
|
From page 413... ...
THE CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Authority The Consumer Product Safety Commission's purpose is to protect the public against unreasonable risk of injury associated with consumer products; to assist consumers in evaluating the comparative safety of consumer products; to develop uniform safety standards for consumer products and to minimize conflicting state and local regulations; and to promote research and investigation into the causes and prevention of
|
From page 414... ...
1977~. The Consumer Product Safety Act gave the commission additional powers by transferring to it authority over four other statutes the Flammable Fabrics Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and the Refrigerator Safety Act.
|
From page 415... ...
Under earlier chairmen, the advisory boards were seldom consulted despite their statutory mandate and exerted little influence over commission policy. Under the Consumer Product Safety Act, the commission has the power to set mandatory consumer product safety standards or to enforce voluntary standards by following a complex "offeror" procedure.
|
From page 416... ...
If a CPSC ruling is challenged, the court will affirm the commission's power only if it determines that the commission's findings are supported by substantial evidence. Other agencies need only show that their actions are neither `'capricious'' nor "arbitrary." Problems Besetting the Consumer Product Safety Commission The commission has been ineffectual from its inception for a variety of reasons.
|
From page 417... ...
When we contacted the agency and inquired about alcohol information, we were told that we had contacted the wrong government agency. When pressed, commission staff told us that accident reports could be examined individually, but there were no compilations of alcohol involvement except in the area of residential fires.
|
From page 418... ...
The staff reports that if alcohol were to be a consideration in CPSC actions, the Human Factors Division would be the place for involvement. Residential Fires One area in which the CPSC has taken action concerns a well-documented alcohol-related problem.
|
From page 419... ...
As indicated earlier, smoking materials were the ignition source in 44.4 percent of all Maryland fire fatalities between 1972 and 1977. Thirtyfive percent of the victims had a blood alcohol content (BAC)
|
From page 420... ...
We were unable to determine the role of the tobacco industry in effecting this change, either at the CPSC or in Congress, but it can be assumed i' Groups supporting this strategy include: the American Burn Association; the Fire Marshalls Association of North America; the United States Fire Administration; the International Association of Fire Chiefs; the National Fire Protection Association; Action on Smoking and Health; and the International Association of Fire Fighters (see Congressional Record, October 16, 1979, p.
|
From page 421... ...
Discussion This history illustrates several points: (~) alcohol-related problems may, in some cases, be best prevented by addressing causal factors other than drinking behavior; (2)
|
From page 422... ...
CPSC has established a complex, nationwide network for collecting injury-related data; providing a small number of questions concerning alcohol involvement on existing forms could be a valuable source of information. Because the network now exists, additional expenses would be limited to revamping existing forms and processing the data that are collected.
|
From page 423... ...
This section first presents the activities of the National Transportation Safety Board, a safety agency with authority to study all forms of transportation safety measures. Many of its activities are relevant to discussions found in the preceding section.
|
From page 424... ...
These policy initiatives illustrate both the scope and the type of reforms within existing federal authority that may reduce alcohol-related problems. NATIONAL TRANSPORTATION SAFETY BOARD Jurisdiction The National Transportation Safety Board (NTSB)
|
From page 425... ...
The marine accident involved a collision between a ferryboat and a tanker on the Mississippi River in which 67 people died (National Transportation Safety Board 1979b)
|
From page 426... ...
The train accidents involved intoxicated engineers, and significant recommendations were made to the Federal Railroad Administration and the railroad company (discussed below) to change regulations and rules concerning drinking behavior (National Transportation Safety Board 1974, 1980~.
|
From page 427... ...
The report cites a National Transportation Safety Board study, which found that 430 fatal accidents, or 10 percent of all fatal accidents during the 11-year period of 1965-1975, involved alcohol impairment of pilot judgment and efficiency. The GAO report argued that this figure was underestimated because of an unrealistically high BAC requirement before alcohol impairment was assumed.
|
From page 428... ...
76-80~. Aviation accidents involving alcohol impairment are concentrated almost exclusively in private or general aviation flights.
|
From page 429... ...
no commercial airline may serve any alcoholic beverages to any person in the aircraft who appears intoxicated, who is carrying a deadly weapon, or who Is in criminal custody; (2) no commercial airline may permit a person who appears to be intoxicated to board an aircraft; (3)
|
From page 430... ...
In fact, many commercial airlines require a 24-hour abstinence period, and the FAA's own handbook for pilots suggests a 12-hour period. The regulations also offer no guidance in defining "under the influence." The FAA has failed to set mandatory minimum alcohol levels and implied consent regulations, despite specific NTSB recommendations to do so.
|
From page 431... ...
These actions are minimal at best and do not address most of the GAO concerns. FEDERAL RAILROAD ADMINISTRATION Recent headlines have accentuated the need for increased railway safety.
|
From page 432... ...
Despite this wide range of authority and the potential dangers to society, the FRA has taken virtually no regulatory action concerning alcohol-related problems on railroads. Its primary strategy has been to delegate all responsibility to union and management groups, attempting to provide support and encouragement to railroad employee assistance programs.
|
From page 433... ...
, which was commissioned by the- FRA and was the result of 3 years of study, provided the first extensive research in this area (referenced as Mannello and Seaman 1979; hereafter referred to as URC 1979~. The drinking practices and problems among employees and their responses to voluntary treatment programs in seven major-railroads were studied in detail, relying primarily on questionnaire and interview data.
|
From page 434... ...
One officer stated that accident reports sent to the FRA failed to mention drinking even when it was involved. There are many possible explanations for the industry's failure to report alcohol involvement in accidents.
|
From page 435... ...
Incidents accounted for all remaining occurrences and, because they account for most injuries and fatalities, are obviously important for determining human safety standards. Yet analyses of "human factors" and alcohol involvement are limited to accident statistics only.
|
From page 436... ...
. To an extent, its jurisdiction overlaps that of the Corps of Engineers, the National Park Service, and the National Forest Service.
|
From page 437... ...
The Federal Boat Safety Act provides civil penalties for negligence and criminal penalties for gross negligence in the oper26These efforts are directed at Coast Guard employees themselves. There is an alcohol and drug program within the Personnel Office, which, among other activities, conducts educational sessions for supervisory personnel.
|
From page 438... ...
However, one Coast Guard official stated that he knew of few states that regulate the use of alcohol on recreational boats. An examination of the Federal Boat Safety Act does not support this interpretation; it gives the Coast Guard a clear mandate to~promote safety and the power to promulgate regulations to that end; there are no provisions prohibiting it from enacting alcohol-specific regulations.
|
From page 439... ...
It gave several recommendations for conducting necessary research for this purpose, although the Coast Guard has apparently taken no steps to accomplish this. DISCUSSION There appears to be a heavy emphasis on safety and a general recognition of alcohol involvement in transportation accidents among most of the federal agencies we studied.
|
From page 440... ...
National Transportation Safety Board The NTSB has full authority and responsibility to conduct studies of alcohol involvement in transportation accidents and to require adequate statistics from the regulatory agencies involved. It has numerous ongoing studies and has already taken a position that there is a need for a detailed study of alcohol involvement in transportation accidents.
|
From page 441... ...
This is an important issue for alcohol policy makers, at least on the level of providing more accurate data on alcohol involvement. Federal Railroad Administration Recommendations for FRA action are more problematical.
|
From page 442... ...
In 1979, after much industry activity to implement and expand employee assistance programs, a serious accident involving two deaths and over $1 million in damages occurred. The NTSB determined that the engineer was intoxicated at the time of the accident and that his intoxication was a "significant causal factor" of the accident (National Transportation Safety Board 1980, p.
|
From page 443... ...
Sampling techniques of different classes of accidents could be used to avoid the necessity of maintaining a large network of accident investigators. The FAA and the NTSB experiences in reporting alcohol involvement in aviation accidents could provide some guidance in this area.
|
From page 444... ...
Reforms in these work conditions, which represent a classic example of reforming environmental factors rather than drinking behavior per se (as discussed earlier) , could provide new strategies for reducing alcohol-related problems.
|
From page 445... ...
Nevertheless, providing support to the NTSB, which is currently conducting various investigations, may well be beneficial. Given the potential dangers and the extent of alcohol use and abuse, it is imperative that alcohol policy makers enter this arena, at least to open debate and discussion.
|
From page 446... ...
has only indirect control over drinking behavior, it still wields considerable influence. Tax law may have very significant indirect effects on all aspects of American life, such as decisions to get married or divorced, basic decisions concerning how to conduct a business, and the price of a concert ticket.
|
From page 447... ...
Although such expenses must be "ordinary and necessary" in the conduct of the business, the code specifically states that expenses to promote good will (which can include buying alcoholic beverages) are permissible.
|
From page 448... ...
Tax policies reflect conscious decisions concerning governmental priorities, and changes are often made in tax deductions in order to encourage or discourage particular business and consumer practices. Tax deductions are considered "indirect government subsidization of activities" by tax analysts (Mosher 1980, p.
|
From page 449... ...
Although the IRS could, through regulation, implement at least minimal reforms, congressional direction would probably be needed. However, if one views alcohol deductions as a public health issue and analyzes their implications for NIAAA initiatives (at least on a symbolic level)
|
From page 450... ...
In addition, the timing coincided with nationwide policies that dramatically increased the availability of alcoholic beverages. Current figures on direct loans granted by SBA indicate that alcoholic beverage businesses obtain a significant portion of SBA financing, particularly among minority applicants.
|
From page 451... ...
SBA could provide a source of information for evaluating the retail trade in alcoholic beverages through the study of loan repayment statistics. Many proposals for reform in the retail trade could be made conditions for SBA financing.
|
From page 452... ...
The Federal Railroad Administration's duty to ensure safe rail transportation appears to be significantly hampered by its failure to determine the extent of alcohol involvement in accidents, particularly given the recent study of drinking among railroad employees. Agencies with overlapping responsibilities may fail to act, relying on others to do so: for example, the National Transportation Safety Board and the Department of Transportation, in regard to the general study of alcohol involvement in transportation accidents.
|
From page 453... ...
More concrete actions may be appropriate if an agency is likely to be responsive. Coordinating federal alcohol policy may in some cases require direct contacts with particular agencies or interested third parties.
|
From page 454... ...
(1977) Report to Congress: The Consumer Product Safety Commission Needs to insure Safety Standards Faster.
|
From page 455... ...
(1978) Consumer product safety: The current record of administrative interpretation.
|
From page 456... ...
National Transportation Safety Board (1980) Railroad Accident Report: Rear-End Collision of Two Southern Pacific Transportation Company Freight Trains, 02-Holat-21 and 01-BSM FK-20, Thousand Palms, California, July 24, 1979.
|
From page 457... ...
Consumer Product Safety Commission. Hearing before the Subcommittee on Civil Service of the Committee on Post Office and Civil Service, March 9.
|
From page 458... ...
Navy Regulations 1973, art. 1150 SECNAV Instruction 1700.11B, March 29, 1973 MOSHER and MOTTE Consumer Product Safety Commission Consumer Product Safety Act, Public Law 92-S73, October 27, 1972; 86 Stat.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.