[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.''.
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