[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3096 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3096
To amend the Public Health Service Act to authorize the Director of the
Centers for Disease Control and Prevention to develop a program to
prevent the use of electronic nicotine delivery systems among students
in middle and high schools, to award grants to State and local health
agencies to implement such program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2019
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize the Director of the
Centers for Disease Control and Prevention to develop a program to
prevent the use of electronic nicotine delivery systems among students
in middle and high schools, to award grants to State and local health
agencies to implement such program, and for other purposes.
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 ``Providing Resources to End the
Vaping Epidemic Now for Teenagers Act of 2020'' or the ``PREVENT Act of
2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) High school e-cigarette use increased by 135 percent
between 2017 and 2019.
(2) Middle school e-cigarette use increased by
approximately 218 percent between 2017 and 2019.
(3) Results from the National Youth Tobacco Survey of the
Centers for Disease Control and Prevention (in this section
referred to as ``CDC'') and the Food and Drug Administration
(in this section referred to as ``FDA'') published in December
2019 show that 27.5 percent of high school students and 10.5
percent of middle school students reported using an e-cigarette
in the previous 30 days, up from 20.8 percent and 4.9 percent,
respectively, in 2018.
(4) In 2019, more than one-third (34.2 percent) of high
school e-cigarette users reported using e-cigarette products
frequently, on 20 to 30 days in the past month.
(5) The CDC, the FDA, the Department of Health and Human
Services, the Surgeon General, and various State and local
health authorities have determined the skyrocketing e-cigarette
use amongst American youth to be an ``epidemic''.
(6) According to the CDC, the use of nicotine among
adolescents can be detrimental to memory making, learning, and
behavior, and e-cigarette use has been linked to lung
conditions and mysterious illness.
(7) According to data from the FDA's Population Assessment
of Tobacco and Health Study, youth e-cigarette use is
associated with more than four times the odds of trying
cigarettes and nearly three times the odds of current cigarette
use.
(8) The CDC and FDA continue to reiterate that the use of
any tobacco product, including e-cigarettes, is unsafe for
young people.
SEC. 3. GRANT PROGRAM TO PREVENT THE USE OF ELECTRONIC NICOTINE
DELIVERY SYSTEMS IN MIDDLE AND HIGH SCHOOLS.
Title III of the Public Health Service Act is amended by inserting
after section 317T of such Act (42 U.S.C. 247b-22) the following:
``SEC. 317U. GRANT PROGRAM TO PREVENT THE USE OF ELECTRONIC NICOTINE
DELIVERY SYSTEMS IN MIDDLE AND HIGH SCHOOLS.
``(a) Establishment.--The Secretary, acting through the Director,
in coordination with the Commissioner of Food and Drugs, shall--
``(1) develop a program to prevent the use of electronic
nicotine delivery systems among students in middle and high
schools; and
``(2) award grants to eligible entities to implement such
program in the geographic area served by such agencies and
organizations.
``(b) Eligible Entities.--To seek a grant under this section, an
entity shall be--
``(1) a State or local health agency;
``(2) a nonprofit organization; or
``(3) if the grant is to serve students in a rural area, a
partnership of--
``(A) an entity described in paragraph (1) or (2);
and
``(B) a local educational agency or a hospital.
``(c) Program Requirements.--The program developed under subsection
(a)(1) to prevent the use of electronic nicotine delivery systems among
students in middle and high schools shall address each of the
following:
``(1) Training for school personnel to identify and prevent
the use by youth of electronic nicotine delivery systems.
``(2) Creating and distributing educational resources for
preventing the use of electronic nicotine delivery systems,
designed for students, parents, and school personnel.
``(3) Social media and marketing campaigns to educate
students on the health risks of the use of electronic nicotine
delivery systems and nicotine addiction, to be designed by the
Centers for Disease Control and Prevention and implemented by
grantees in partnership with private advertising companies,
nonprofit organizations, and advocacy organizations that
specialize in youth substance use prevention and addiction
treatment.
``(4) Resources for students on how to communicate with
their peers on the dangers of e-cigarette use.
``(5) Partnering with school counseling personnel to assist
students impacted by youth vaping.
``(6) Offering public health resources and counseling to
help treat youth nicotine addiction and recovery.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities proposing to serve
underserved populations with the greatest use of vaping products.
``(e) Application.--To seek a grant under subsection (a)(2), an
eligible entity shall submit an application at such time, in such
manner, and containing such information as the Director may require.
``(f) Geographic Distribution.--In awarding grants under this
section, the Secretary shall ensure that such grants are distributed
equitably across urban and rural areas.
``(g) Consultation.--As a condition on receipt of a grant under
subsection (a)(2), an eligible entity shall agree that, in carrying out
its program funded through the grant, the agency will consult with the
following:
``(1) Public health, health care, and youth vaping
prevention advocacy organizations, and organizations
representing educators.
``(2) Organizations that specialize in addiction prevention
and treatment.
``(3) Mental health and medical specialists, including
professionals who specialize in child development.
``(4) School principals and other school administrators.
``(h) Reporting.--
``(1) By grantees.--As a condition on the receipt of a
grant under subsection (a)(2), an eligible entity shall agree
to submit to the Director a report annually over the grant
period. Each such report shall address the following:
``(A) The greatest obstacles in implementing the
program developed under subsection (a)(1).
``(B) The greatest obstacles in preventing the use
by youth of electronic nicotine delivery systems.
``(C) Additional resources are needed to address
the popularity of electronic delivery systems and youth
vaping culture.
``(2) Reporting by cdc.--Not later than 2 years after the
program is developed pursuant to subsection (a)(1), and
annually thereafter, the Director shall submit to Congress a
report on the following:
``(A) How the funds made available for carrying out
this section were used in developing a program under
subsection (a)(1) and implementing such program through
grants under subsection (a)(2).
``(B) Which strategies or resources were effective
in preventing the use by youth of electronic nicotine
delivery systems.
``(C) Which strategies or resources were not
effective in preventing the use by youth of electronic
nicotine delivery systems.
``(3) Posting of reports and compiled findings.--The
Director shall--
``(A) not later than 60 days after receiving a
report submitted by a grantee pursuant to paragraph
(1), summarize the key findings of such report and post
such summary on the public internet website of the
Centers for Disease Control and Prevention; and
``(B) not later than 60 days after submitting a
report to Congress under paragraph (2), summarize the
key findings of the report and post such summary on
such public internet website.
``(i) Definitions.--In this section:
``(1) The term `Director' means the Director of the Centers
for Disease Control and Prevention.
``(2) The term `electronic nicotine delivery system' has
the meaning given to such term in section 919A of the Federal
Food, Drug, and Cosmetic Act.
``(j) Funding.--Out of amounts collected as fees under section 919A
of the Federal Food, Drug, and Cosmetic Act, there are authorized to be
appropriated to carry out this section the following:
``(1) For fiscal year 2021, $200,000,000.
``(2) For each of fiscal years 2022 and 2023, the amount
described in paragraph (1), adjusted by the percentage change
in the Consumer Price Index for all urban consumers (all items;
United States city average) between 2021 and the applicable
year.''.
SEC. 4. USER FEES RELATING TO ELECTRONIC NICOTINE DELIVERY SYSTEMS.
(a) In General.--Chapter IX of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387 et seq.) is amended by inserting after section 919
the following:
``SEC. 919A. USER FEES RELATING TO ELECTRONIC NICOTINE DELIVERY
SYSTEMS.
``(a) Establishment of Quarterly Fee.--Beginning with fiscal year
2021, the Secretary, acting through the Commissioner of Food and Drugs,
shall assess user fees on, and collect such fees from, each
manufacturer and importer of electronic nicotine delivery systems. The
fees shall be assessed and collected with respect to each quarter of
each fiscal year, and the total amount assessed and collected for a
fiscal year shall be the amount specified in subsection (b)(1) for such
year, subject to subsection (c).
``(b) Assessment of User Fee.--
``(1) Amount of assessment.--The total amount of user fees
authorized to be assessed and collected under subsection (a)
for a fiscal year is the following, as applicable to the fiscal
year involved:
``(A) For fiscal year 2021, $200,000,000.
``(B) For fiscal year 2022 and fiscal year 2023,
the amount described in subparagraph (A), adjusted by
the percentage change in the Consumer Price Index for
all urban consumers (all items; United States city
average) between 2021 and the applicable year.
``(2) Determination of user fee by company.--The total user
fee to be paid by each manufacturer or importer of electronic
nicotine delivery systems shall be determined for each quarter
pursuant to a formula developed by the Secretary.
``(3) Timing of assessment.--The Secretary shall notify
each manufacturer and importer of electronic nicotine delivery
systems subject to this section of the amount of the quarterly
assessment imposed on such manufacturer or importer under this
subsection for each quarter of each fiscal year. Such
notifications shall occur not later than 30 days prior to the
end of the quarter for which such assessment is made, and
payments of all assessments shall be made by the last day of
the quarter involved.
``(4) Calculation of market share.--Beginning not later
than fiscal year 2020, and for each subsequent fiscal year, the
Secretary shall ensure that the Food and Drug Administration is
able to determine--
``(A) the annual amount of total sales in the
electronic nicotine delivery system market of the
United States; and
``(B) the applicable percentage shares under
paragraph (2).
``(c) Crediting and Availability of Fees.--
``(1) In general.--Fees authorized under subsection (a)
shall be collected and available for obligation only to the
extent and in the amount provided in advance in appropriations
Acts. Such fees are authorized to remain available until
expended. Such sums as may be necessary may be transferred from
the `Food and Drug Administration--Salaries and Expenses'
account without fiscal year limitation to such appropriation
account for salaries and expenses with such fiscal year
limitation.
``(2) Availability.--Fees appropriated under paragraph (3)
shall be--
``(A) transferred to the Centers for Disease
Control and Prevention; and
``(B) available only for the purpose of paying the
costs of carrying out section 317U of the Public Health
Service Act.
``(3) Authorization of appropriations.--For fiscal year
2021 and each subsequent fiscal year, there is authorized to be
appropriated for fees under this section an amount equal to the
amount specified in subsection (b)(1) for the fiscal year.
``(d) Applicability to Fiscal Year 2020.--If the date of enactment
of the Providing Resources to End the Vaping Epidemic Now for Teenagers
Act of 2020 occurs during fiscal year 2021, the following applies:
``(1) The Secretary shall determine the fees that would
apply for a single quarter of such fiscal year according to the
application of subsection (b) to the amount specified in
paragraph (1)(A) of such subsection (referred to in this
subsection as the `quarterly fee amount').
``(2) For the quarter in which such date of enactment
occurs and any preceding quarter of fiscal year 2021, fees
shall not be assessed or collected under this section.
``(3) The amount specified in subsection (b)(1)(A) is
deemed to be reduced by the quarterly amount for each quarter
for which fees are not assessed or collected by operation of
paragraph (3).
``(4) For any quarter in fiscal year 2021 following the
quarter in which the date of enactment of the Providing
Resources to End the Vaping Epidemic Now for Teenagers Act of
2020 occurs, the full quarterly fee amount shall be assessed
and collected.''.
(b) Enforcement.--
(1) In general.--Section 902(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387b(4)) is amended by inserting
``, or the manufacturer or importer of electronic nicotine
delivery systems fails to pay a user fee assessed to such
manufacturer or importer pursuant to section 919A by the date
specified in section 919A or by the 30th day after final agency
action on a resolution of any dispute as to the amount of such
fee'' before the semicolon.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the later of October 1, 2021, or the date
of enactment of this Act.
(c) Definition.--Section 900 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387) is amended--
(1) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Electronic nicotine delivery system.--The term
`electronic nicotine delivery system'--
``(A) means a tobacco product that is an electronic
device that delivers nicotine, flavor, or another
substance via an aerosolized solution to the user
inhaling from the device (including e-cigarettes, e-
hookah, e-cigars, vape pens, advanced refillable
personal vaporizers, and electronic pipes) and any
component, liquid, part, or accessory of such a device,
whether or not sold separately; and
``(B) does not include a product that is approved
by the Food and Drug Administration for sale as a
tobacco cessation product or for another therapeutic
purpose.''.
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