[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3108 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3108

To amend the Public Health Service Act to provide for a Reducing Youth 
                    Use of E-Cigarettes Initiative.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2023

  Mr. Blumenthal (for himself, Mr. Markey, Mr. Wyden, Mr. Brown, Mr. 
   Reed, Ms. Baldwin, Mr. Casey, Mr. Whitehouse, and Mr. Van Hollen) 
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 provide for a Reducing Youth 
                    Use of E-Cigarettes Initiative.

    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 ``Preventing Opportunities for Teen E-
Cigarette and Tobacco Addiction Act'' or the ``PROTECT Act''.

SEC. 2. REDUCING YOUTH USE OF E-CIGARETTES INITIATIVE.

    The Public Health Service Act is amended by inserting after section 
317V of such Act (42 U.S.C. 247b-24) the following:

``SEC. 317W. REDUCING YOUTH USE OF E-CIGARETTES INITIATIVE.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall carry out an 
initiative, to be known as the Reducing Youth Use of E-Cigarettes 
Initiative, which shall include the following:
            ``(1) Conducting research, (including by enhancing State-
        level surveillance and by using rapid surveillance methods) on 
        use by youth and young adults of electronic cigarettes and 
        emerging tobacco products, including research on--
                    ``(A) the types of products youth and young adults 
                use;
                    ``(B) patterns of products used by youth and young 
                adults, including initiation, frequency of use, use in 
                combination with other tobacco products, and use of 
                flavors;
                    ``(C) the association between the use by youth and 
                young adults of electronic cigarettes and the 
                initiation of smoking with cigarettes or cigars;
                    ``(D) use of electronic cigarettes and emerging 
                tobacco products among different demographic groups;
                    ``(E) the means by which youth and young adults 
                access electronic cigarettes and emerging tobacco 
                products, and methods of distribution of electronic 
                cigarettes and emerging tobacco products;
                    ``(F) youth and young adult exposure to advertising 
                of electronic cigarettes and emerging tobacco products;
                    ``(G) marketing and advertising strategies used by 
                manufacturers, including the channels and messaging 
                used and strategies that target different demographic 
                groups;
                    ``(H) the reasons youth and young adults use such 
                products;
                    ``(I) the extent to which youth and young adult 
                electronic cigarette users are nicotine dependent;
                    ``(J) patterns of youth and young adult electronic 
                cigarette cessation behaviors, including patterns in 
                motivation to quit, quit attempts, successful 
                cessation, and associated factors; and
                    ``(K) resources youth and young adults are using to 
                quit tobacco use.
            ``(2) Conducting research on--
                    ``(A) the characteristics and nicotine delivery 
                technology of electronic cigarettes and emerging 
                tobacco products;
                    ``(B) biomarkers of exposure to electronic 
                cigarettes and emerging tobacco products and resulting 
                health impacts from such exposure; and
                    ``(C) the levels of nicotine in electronic 
                cigarettes and emerging tobacco products.
            ``(3) Developing, in collaboration with professional 
        medical organizations, guidance for health care providers, 
        schools, and other entities, as appropriate, on intervening 
        with, and treating, youth and young adults who use electronic 
        cigarettes and other emerging tobacco products, and 
        disseminating such guidance.
            ``(4) Identifying promising strategies to--
                    ``(A) prevent and reduce the use by youth and young 
                adults of electronic cigarettes and emerging tobacco 
                products;
                    ``(B) identify existing, and develop new, cessation 
                strategies and quit support that are appropriate for 
                youth and young adults; and
                    ``(C) improve access to, and the delivery of 
                tobacco cessation services for, youth and young adults, 
                including the use of technology-delivered services.
            ``(5) Identifying effective messages and communication 
        efforts that prevent initiation of tobacco product use and 
        reduce use, including the use of electronic cigarettes and 
        emerging tobacco products, among youth and young adults.
            ``(6) Developing and implementing, in coordination with the 
        Commissioner of Food and Drugs, a campaign, in coordination 
        with the Surgeon General, to reduce tobacco initiation and use 
        by youth and young adults, and to educate the public about--
                    ``(A) the rapidly evolving tobacco product 
                landscape;
                    ``(B) the harms associated with the use by youth 
                and young adults of electronic cigarettes and other 
                emerging tobacco products; and
                    ``(C) culturally-competent strategies for 
                intervening with youth and young adults who use tobacco 
                and providing or directing them to appropriate 
                cessation services.
            ``(7) Continuing to provide funding through the Centers for 
        Disease Control and Prevention's National Tobacco Control 
        Program cooperative agreement to State, local, territorial, and 
        island health departments and Tribal organizations, as 
        appropriate, for--
                    ``(A) preventing and reducing the use by youth and 
                young adults of electronic cigarettes and emerging 
                tobacco products; and
                    ``(B) improving access to and delivery of cessation 
                strategies that are appropriate for services to youth 
                and young adults addicted to nicotine, including 
                through quitlines and provider education on cessation 
                services available through the Medicaid program under 
                title XIX of the Social Security Act and the Children's 
                Health Insurance Program under title XXI of such Act.
            ``(8) Evaluating State, community, and school-based 
        strategies for--
                    ``(A) preventing the initiation and use of 
                electronic cigarettes and emerging tobacco products 
                among youth and young adults; and
                    ``(B) intervening with youth and young adults who 
                use tobacco and providing or directing them to 
                appropriate cessation services.
    ``(b) No Duplication.--The Secretary shall ensure that activities 
under this section do not duplicate other activities of the Department 
of Health and Human Services.
    ``(c) Strategy.--Not later than 90 days after the date of enactment 
of this section, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives, and make available 
to the public on the internet website of the Department of Health and 
Human Services, a strategy for carrying out the Reducing Youth Use of 
E-Cigarettes Initiative.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $100,000,000 for each of fiscal 
years 2024 through 2028.''.
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