[Congressional Record Volume 165, Number 205 (Wednesday, December 18, 2019)]
[Senate]
[Pages S7159-S7160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 3096. A bill to amend the Public Health Service Act to authorize 
the Director of the Centers for Disease Control 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; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3096

       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-cigarettes 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 Prevention and Control.
       ``(2) The term `electronic nicotine delivery system' has 
     the meaning given to such term

[[Page S7160]]

     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.''.
                                 ______