1.This Act may be cited as
the Secondhand Smoke Education and
Outreach Act of 2007
.
2.Congress makes the following
findings:
(1)Secondhand smoke
contains more than 50 carcinogens (California Environmental Protection Agency,
2005; The Health Consequences of Involuntary Exposure to Tobacco
Smoke
, A Report of the Surgeon General, 2006).
(2)Secondhand smoke
causes approximately 46,000 cardiac deaths in the United States annually
(California Environmental Protection Agency, 2005).
(3)Secondhand smoke
causes 3,000 lung cancer deaths a year in the United States (California
Environmental Protection Agency, 2005).
(4)There is a causal
relationship between infants’ and children’s exposure to secondary smoke and
their development of lower respiratory illnesses. Involuntary exposure to
tobacco smoke causes an estimated 150,000 lower respiratory tract infections
each year in infants and children under 18 months of age. These illnesses
result in as many as 15,000 hospitalizations every year (Respiratory
Health Effects of Passive Smoking: Lung Cancer and Other Disorders
,
Environmental Protection Agency, 1992; “Health Effects of Exposure to
Environmental Tobacco Smoke”, National Cancer Institute Report, 1999; “The
Health Consequences of Involuntary Exposure to Tobacco Smoke”, A Report of the
Surgeon General, 2006).
(5)Children exposed
to secondhand smoke are at an increased risk for acute respiratory infections
and more severe asthma, among other diseases (California Environmental
Protection Agency, 2005; The Health Consequences of Involuntary Exposure
to Tobacco Smoke
, A Report of the Surgeon General, 2006).
(6)Secondhand smoke
exposure has both immediate and long-term adverse health effects on the adult
cardiovascular system. Exposure to secondhand smoke for 30 minutes can damage
coronary arteries, potentially leading to the constriction of blood vessels,
abnormal fatty deposits in arteries, and blood clot formation. Sustained
exposure to secondhand smoke can increase the risk of coronary heart disease by
25 to 30 percent (Otsuka et al., “Acute Effects of Passive Smoking on the
Coronary Circulation in Healthy Young Adults,” Journal of the American Medical
Association, 2001; “The Health Consequences of Involuntary Exposure to Tobacco
Smoke,” A Report of the Surgeon General, 2006).
(7)Living with a
smoker increases a non-smoker’s risk of developing lung cancer by 20 to 30
percent (Hackshaw et al., “The Accumulated Evidence on Long Cancer and
Environmental Tobacco Smoke.” British Medical Journal, 1997; Zhong et al.,
“Exposure to Environmental Tobacco Smoke and the Risk of Lung Cancer: A
Meta-Analysis.” Lung Cancer, 2000; “The Health Consequences of Involuntary
Exposure to Tobacco Smoke”, A Report of the Surgeon General, 2006).
(8)The Surgeon
General declared that there is no safe level of exposure to secondhand
smoke.
(9)Although more
than 20 States have passed smoke-free laws, including laws that ban smoking in
restaurants and bars, Americans of all age groups are involuntarily exposed to
tobacco smoke through exposure in workplaces, homes, cars, apartments, and even
outdoor public spaces.
(10)Annually, an
estimated 11 percent of American children aged 6 years were reported to be
exposed to secondhand smoke in their homes on a regular basis. Nearly 60
percent of children between the ages of 3 and 11 years of age are exposed to
secondhand smoke each year (The Health Consequences of Involuntary
Exposure to Tobacco Smoke
, A Report of the Surgeon General,
2006).
(11)Air
conditioning, ventilation, and heating systems can not reduce or eliminate the
risks associated with exposure to secondhand smoke in indoor environments
(ASHRAE position document on environmental tobacco smoke, American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005).
(12)Racial and
ethnic minorities in the United States have higher rates of occupational
exposure to secondhand smoke, with Latinos and Native Americans having the
highest rates (National Cancer Institute, 1997).
(13)Nationally, an
estimated of 20.9 percent of American adults currently smoke cigarettes. This
statistic includes the estimated 16.2 percent of Hispanic adults, 13.3 percent
of Asian Americans, 21.9 percent of Caucasians, 21.5 percent of African
Americans, and 32.0 percent of American Indians/Alaska Natives who smoke
cigarettes in the United States (Centers for Disease Control and Prevention,
2005).
(14)Nationally, an
estimated 69.5 percent of current adult smokers want to quit smoking, this
includes the estimated 61.5 percent of Hispanic adult smokers, 70.3 percent of
Caucasian adult smokers, 70.7 percent of African American adult smokers, and
68.8 percent of Asian American adult smokers who want to quit smoking (National
Center for Health Statistics, 2005).
(15)Racial and
ethnic minority communities are disproportionately targeted with advertising
campaigns for tobacco products (U.S. Department of Health and Human Services,
1998).
(16)The tobacco
industry has contributed to primary and secondary schools, funded universities
and colleges, and supported scholarship programs targeting racial and ethnic
minorities. Tobacco companies have also placed advertising in community
publications and sponsored cultural events in racial and ethnic minority
communities (U.S. Department of Health and Human Services, 1998).
3.Sense of
Congress on health and environmental consequences of secondhand
smokeIt is the sense of
Congress that—
(1)scientific
research has found that children and adults suffer adverse health consequences
from exposure to tobacco smoke;
(2)individuals,
especially children, who do not smoke should not be exposed to tobacco
smoke;
(3)there is a
continued need for—
(A)the dissemination
of educational material on the adverse health consequences of secondhand smoke;
and
(B)parents to
receive education about the adverse health consequences that they and their
children may suffer as a result of exposure to tobacco smoke so that they no
longer expose their children and themselves to secondhand smoke; and
(4)in order to
lessen the human and economic toll of tobacco, it is critical that the
Department of Health and Human Services take action to ensure that all
healthcare professionals receive training in the delivery of evidence-based
tobacco dependence treatment.
4.Grants for
education campaigns on the consequences of secondhand smoke in multi-unit
housing, demonstration projects to support education in public spaces on the
consequences of secondhand smoke, and tobacco control educationPart A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the
following:
506C.Grants for
education campaigns on consequences of secondhand smoke in multi-unit
housing
(a)The Secretary, acting through the Administrator and in
consultation with the Secretary of Housing and Urban Development, shall award
grants for the implementation of educational campaigns, developed or
disseminated, with emphasis on, but not limited to, organizations that involve
the participation of youth, on the health consequences of secondhand smoke in
multi-unit housing.
(b)To
be eligible to receive a grant under this section an entity shall—
(1)be a private
nonprofit entity, a State or local Government, a faith-based or community-based
organization, or other tax exempt organization;
(2)not accept
anything of value from, or have any affiliation or contractual relationship
with, any tobacco company, its affiliates, its subsidiaries, or its parent
company, or enter into any affiliation or contractual relationship that could
create a conflict or perceived conflict of interest at any time during the term
of the grant; and
(3)include with any
grant application, a statement that discloses information (if any) on the
applicant's existing affiliations and contractual relationships with tobacco
companies or their subsidiaries.
(c)Considerations
in awarding grants
(1)In awarding grants under this section, the Secretary, to
the extent feasible and acting through the Administrator, shall ensure
that—
(A)grant activities
are funded in a variety of geographic areas, including urban and rural areas
and frontier areas as well as American Indian/Alaskan native and native
Hawaiian communities; and
(B)grant activities
impact a variety of populations, including racial and ethnic minorities,
including American Indian, native Alaskan, native Hawaiian, and
low-income.
(2)In awarding grants under this section, the
Secretary shall give special consideration to—
(A)organizations
whose participants include secondary school or college-age individuals and that
provide adult supervision and mentorship; and
(B)organizations
that reach racial or ethnic populations that experience a disproportionate
share of the cancer burden through community-based participation in education,
research, and training.
(d)A
grant shall be awarded under this section for a period of not to exceed 3
years, with an extension period of an additional 2 years, at the discretion of
the Secretary.
(e)To
be eligible to receive a grant under this section, a entity shall—
(1)submit an
application to the Secretary (at such time, in such form, and containing such
information as the Secretary may specify); and
(2)agree to report
to the Secretary a description of the manner in which grant funds were used,
and the degree of dissemination of the information produced under the grant
concerning the health consequences of exposure to secondhand smoke in
multi-unit housing.
(f)Not
later than July 31 of the second calendar year after the date of enactment of
this section, and July 31 of every year thereafter, the Secretary shall submit
to Congress a report, consistent with the Government Performance and Results
Act of 1993, evaluating the activities conducted under grants awarded under
this section for such year.
(g)Funds made available under this section shall
supplement, and not supplant, other Federal, State, or local funds available to
an entity to carry out activities of the type described in this section.
(h)Authorization
of appropriationsThere is authorized to be appropriated such
sums as may be necessary to carry out this section for fiscal year 2008 and
each fiscal year thereafter.
506D.Demonstration
projects to support education in public spaces on consequences of secondhand
smoke
(a)The Secretary, acting through the Administrator, shall
award grants to public and private nonprofit entities for the conduct of
projects to demonstrate ways of educating the public about the health
consequences of secondhand smoking in public spaces, including public parks,
playgrounds, and national parks.
(b)To
be eligible for a grant under this section—
(1)the grantee shall
be a private nonprofit entity, a State or local government, an Indian or tribal
organization, a faith-based or community-based organization, or other tax
exempt organization;
(2)the project to be
carried out by the entity under the grant shall be designed to provide
information on the health consequences of secondhand smoking in public spaces,
including the findings from the 2006 Surgeon General’s report entitled
The Health Consequences of Involuntary Exposure to Tobacco
Smoke
;
(3)the grantee may
not accept anything of value from, or have any affiliation or contractual
relationship with, any tobacco company, its affiliates, its subsidiaries, or
its parent company, or enter into any affiliation or contractual relationship
that could create a conflict or perceived conflict of interest at any time
during the term of the grant; and
(4)the grantee shall
include with any grant application, a statement that discloses information (if
any) on the applicant's existing affiliations and contractual relationships
with tobacco companies or their subsidiaries.
(c)Considerations
in awarding grants
(1)In awarding grants under this section, the Secretary, to
the extent feasible and acting through the Administrator, shall ensure
that—
(A)projects are
funded in a variety of geographic areas, including urban and rural areas and
frontier areas as well as American Indian/Alaskan native and native Hawaiian
communities; and
(B)a variety of
populations, including racial and ethnic minorities, including American Indian,
native Alaskan, native Hawaiian, and low-income populations, are served by
projects funded under this section.
(2)In awarding grants under this section, the
Secretary shall give special consideration to
(A)organizations
whose participants include secondary school or college-age individuals and that
provide adult supervision and mentorship; and
(B)organizations
that reach racial or ethnic populations that experience a disproportionate
share of the cancer burden through community-based participation in education,
research, and training.
(d)A
project may receive funding under a grant under this section for a period of
not to exceed 3 years, with an extension period of an additional 2 years, at
the discretion of the Secretary.
(e)To
be eligible to receive a grant under this section, a public or private
nonprofit entity shall—
(1)submit an
application to the Secretary (at such time, in such form, and containing such
information as the Secretary may specify); and
(2)agree to report
to the Secretary the information, and accompanying citations, on health
consequences of exposure to secondhand smoke that will be disseminated through
the demonstration project.
(f)Not
later than July 31 of the second calendar year after the date of enactment of
this section, and July 31 of every year thereafter, the Secretary shall submit
to Congress a report evaluating the projects receiving awards under this
section for the year involved.
(g)Funds made available under this section shall
supplement, and not supplant, other Federal, State, or local funds available to
an entity to carry out activities of the type described in this section.
(h)Authorization
of appropriationsThere is authorized to be appropriated such
sums as may be necessary to carry out this section for fiscal year 2008 and
each fiscal year thereafter.
506E.Grants for
the implementation of regional or local tobacco control education for health
care workers and providers
(a)The Secretary, in consultation with the Administrator,
may award competitive grants to eligible entities to implement regional or
local education programs at medical schools, hospitals, health centers and
Federally qualified health centers, and rural health clinics as well as through
medical professional membership organizations to provide health care providers
and workers (including primary care physicians, nurses, licensed mental health
professionals, and addiction counselors) with minimum tobacco cessation
training as part of their ongoing medical education.
(b)To
be eligible to receive a grant under subsection (a) an entity shall—
(1)be a—
(A)medical
school;
(B)hospital
(including a hospital that provide services to low income and underserved
populations such as critical access or disproportionate share hospitals as well
as native hospitals);
(C)health center or
Federally qualified health center;
(D)medical
professional membership organization; or
(E)rural health
clinic or American Indian/Alaskan native and native Hawaiian clinic;
(2)demonstrate that
the entity has included tobacco cessation training to improve healthcare
quality and curricula;
(3)ensure that
healthcare providers will be required to complete course work in training
curricula as described in subsection (e), appropriate to their practice,
regarding treatment of tobacco use and dependence;
(4)not accept
anything of value from, or have any affiliation or contractual relationship
with, any tobacco company, its affiliates, its subsidiaries, or its parent
company, or enter into any affiliation or contractual relationship that could
create a conflict or perceived conflict of interest at any time during the term
of the grant; and
(5)prepare and
submit to the Secretary an application in accordance with subsection (c), that
includes a statement that discloses information (if any) on the applicant's
existing affiliations and contractual relationships with tobacco companies or
their subsidiaries.
(c)To
be eligible to receive a grant under this section, an entity shall—
(1)submit an
application to the Secretary (in such form, containing such information, and at
such time as the Secretary may specify); and
(2)agree to report
to the Secretary standardized performance data necessary to facilitate
evaluations across participating programs.
(d)Amounts received under a grant under subsection (a) shall
be used to establish and implement a regional or local tobacco control
education program for health care workers in accordance with this section. Such
education program may include cessation training relevant to other substances
(legal or illegal, including alcohol and drugs). Grantees may provide services
under a grant under this section through the use of technology, including
telemedicine technology, to educate patients about tobacco use remotely, as
opposed to educating patients through person-to-person contact.
(e)
(1)The
training curricula to be funded under this section shall provide the knowledge
and skills necessary to implement evidenced-based strategies to—
(A)assist smokers to
quit smoking;
(B)educate smokers
and nonsmokers about the health consequences of secondhand smoke; and
(C)promote at the
community level, as well as the healthcare system level, self-sustaining
networks for the delivery of affordable, accessible, and effective cessation
services.
(2)The
training curricula to be funded under this section shall—
(A)be consistent
with the recommendations of the Public Health Service Clinical Practice
Guideline: Treating Tobacco Use and Dependence
and the
Department of Health and Human Service Interagency Committee on Smoking and
Health's National Action Plan for Tobacco Cessation
;
(B)ensure that
individuals providing tobacco cessation services have received education and
training consistent with current best practices described in this section and
have demonstrated competency in core skills associated with such
practices;
(C)enhance the
capacity of communities to provide tobacco cessation services at multiple
levels of intensity; and
(D)incorporate—
(i)behavioral
treatment;
(ii)pharmocotherapy;
(iii)relapse
prevention; and
(iv)smoking
cessation in special populations including pregnant women, adolescents, and
individuals with comorbidities including psychiatric illness and other chemical
illnesses.
(f)
(1)Not later than July 31 of the second calendar year after
the date of enactment of this section, and July 31 of every year thereafter,
the Secretary, in consultation with the Administrator, shall submit to Congress
a report evaluating the tobacco cessation education programs receiving awards
under this section for such year.
(2)The
Secretary, in consultation with the Administrator of the Substance Abuse and
Mental Health Services Administration, may enter into contract where
appropriate, with public health organizations with established infrastructure,
research, and experience for the conduct of evaluations of tobacco dependence
treatment and educational programs under this section.
(g)An
eligible entity that receives a grant under this section shall not mandate
tobacco use training as a condition of employment.
(h)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section such sums as may be necessary for each of fiscal years 2008
through
2012.
.