I 

116TH CONGRESS 

1ST SESSION H. R. 5482 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2019 

Mr. KRISHNAMOORTHI (for himself, Mr. KING of New York, and Ms. 

DELAURO) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Providing Resources 

3 to End the Vaping Epidemic Now for Teenagers Act of 

4 2020’’ or the ‘‘PREVENT Act of 2020’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) High school e-cigarette use increased by 

8 135 percent between 2017 and 2019. 

9 (2) Middle school e-cigarette use increased by 

10 approximately 218 percent between 2017 and 2019. 

11 (3) Results from the National Youth Tobacco 

12 Survey of the Centers for Disease Control and Pre13 vention (in this section referred to as ‘‘CDC’’) and 

14 the Food and Drug Administration (in this section 

15 referred to as ‘‘FDA’’) published in December 2019 

16 show that 27.5 percent of high school students and 

17 10.5 percent of middle school students reported 

18 using an e-cigarette in the previous 30 days, up 

19 from 20.8 percent and 4.9 percent, respectively, in 

20 2018. 

21 (4) In 2019, more than one-third (34.2 percent) 

22 of high school e-cigarette users reported using e23 cigarettes products frequently, on 20 to 30 days in 

24 the past month. 

25 (5) The CDC, the FDA, the Department of 

26 Health and Human Services, the Surgeon General, 

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1 and various State and local health authorities have 

2 determined the skyrocketing e-cigarette use amongst 

3 American youth to be an ‘‘epidemic’’. 

4 (6) According to the CDC, the use of nicotine 

5 among adolescents can be detrimental to memory 

6 making, learning, and behavior, and e-cigarette use 

7 has been linked to lung conditions and mysterious 

8 illness. 

9 (7) According to data from the FDA’s Popu10 lation Assessment of Tobacco and Health Study, 

11 youth e-cigarette use is associated with more than 

12 four times the odds of trying cigarettes and nearly 

13 three times the odds of current cigarette use. 

14 (8) The CDC and FDA continue to reiterate 

15 that the use of any tobacco product, including e16 cigarettes, is unsafe for young people. 

17 SEC. 3. GRANT PROGRAM TO PREVENT THE USE OF ELEC18 TRONIC NICOTINE DELIVERY SYSTEMS IN 

19 MIDDLE AND HIGH SCHOOLS. 

20 Title III of the Public Health Service Act is amended 

21 by inserting after section 317T of such Act (42 U.S.C. 

22 247b–22) the following: 

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1 ‘‘SEC. 317U. GRANT PROGRAM TO PREVENT THE USE OF 

2 ELECTRONIC NICOTINE DELIVERY SYSTEMS 

3 IN MIDDLE AND HIGH SCHOOLS. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

5 through the Director, in coordination with the Commis6 sioner of Food and Drugs, shall— 

7 ‘‘(1) develop a program to prevent the use of 

8 electronic nicotine delivery systems among students 

9 in middle and high schools; and 

10 ‘‘(2) award grants to eligible entities to imple11 ment such program in the geographic area served by 

12 such agencies and organizations. 

13 ‘‘(b) ELIGIBLE ENTITIES.—To seek a grant under 

14 this section, an entity shall be— 

15 ‘‘(1) a State or local health agency; 

16 ‘‘(2) a nonprofit organization; or 

17 ‘‘(3) if the grant is to serve students in a rural 

18 area, a partnership of— 

19 ‘‘(A) an entity described in paragraph (1) 

20 or (2); and 

21 ‘‘(B) a local educational agency or a hos22 pital. 

23 ‘‘(c) PROGRAM REQUIREMENTS.—The program de24 veloped under subsection (a)(1) to prevent the use of elec25 tronic nicotine delivery systems among students in middle 

26 and high schools shall address each of the following: 

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1 ‘‘(1) Training for school personnel to identify 

2 and prevent the use by youth of electronic nicotine 

3 delivery systems. 

4 ‘‘(2) Creating and distributing educational re5 sources for preventing the use of electronic nicotine 

6 delivery systems, designed for students, parents, and 

7 school personnel. 

8 ‘‘(3) Social media and marketing campaigns to 

9 educate students on the health risks of the use of 

10 electronic nicotine delivery systems and nicotine ad11 diction, to be designed by the Centers for Disease 

12 Control and Prevention and implemented by grant13 ees in partnership with private advertising compa14 nies, nonprofit organizations, and advocacy organiza15 tions that specialize in youth substance use preven16 tion and addiction treatment. 

17 ‘‘(4) Resources for students on how to commu18 nicate with their peers on the dangers of e-cigarette 

19 use. 

20 ‘‘(5) Partnering with school counseling per21 sonnel to assist students impacted by youth vaping. 

22 ‘‘(6) Offering public health resources and coun23 seling to help treat youth nicotine addiction and re24 covery. 

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1 ‘‘(d) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to eligible entities 

3 proposing to serve underserved populations with the great4 est use of vaping products. 

5 ‘‘(e) APPLICATION.—To seek a grant under sub6 section (a)(2), an eligible entity shall submit an applica7 tion at such time, in such manner, and containing such 

8 information as the Director may require. 

9 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—In awarding 

10 grants under this section, the Secretary shall ensure that 

11 such grants are distributed equitably across urban and 

12 rural areas. 

13 ‘‘(g) CONSULTATION.—As a condition on receipt of 

14 a grant under subsection (a)(2), an eligible entity shall 

15 agree that, in carrying out its program funded through 

16 the grant, the agency will consult with the following: 

17 ‘‘(1) Public health, health care, and youth 

18 vaping prevention advocacy organizations, and orga19 nizations representing educators. 

20 ‘‘(2) Organizations that specialize in addiction 

21 prevention and treatment. 

22 ‘‘(3) Mental health and medical specialists, in23 cluding professionals who specialize in child develop24 ment. 

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1 ‘‘(4) School principals and other school admin2 istrators. 

3 ‘‘(h) REPORTING.— 

4 ‘‘(1) BY GRANTEES.—As a condition on the re5 ceipt of a grant under subsection (a)(2), an eligible 

6 entity shall agree to submit to the Director a report 

7 annually over the grant period. Each such report 

8 shall address the following: 

9 ‘‘(A) The greatest obstacles in imple10 menting the program developed under sub11 section (a)(1). 

12 ‘‘(B) The greatest obstacles in preventing 

13 the use by youth of electronic nicotine delivery 

14 systems. 

15 ‘‘(C) Additional resources are needed to 

16 address the popularity of electronic delivery sys17 tems and youth vaping culture. 

18 ‘‘(2) REPORTING BY CDC.—Not later than 2 

19 years after the program is developed pursuant to 

20 subsection (a)(1), and annually thereafter, the Di21 rector shall submit to Congress a report on the fol22 lowing: 

23 ‘‘(A) How the funds made available for 

24 carrying out this section were used in devel25 oping a program under subsection (a)(1) and 

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1 implementing such program through grants 

2 under subsection (a)(2). 

3 ‘‘(B) Which strategies or resources were 

4 effective in preventing the use by youth of elec5 tronic nicotine delivery systems. 

6 ‘‘(C) Which strategies or resources were 

7 not effective in preventing the use by youth of 

8 electronic nicotine delivery systems. 

9 ‘‘(3) POSTING OF REPORTS AND COMPILED

10 FINDINGS.—The Director shall— 

11 ‘‘(A) not later than 60 days after receiving 

12 a report submitted by a grantee pursuant to 

13 paragraph (1), summarize the key findings of 

14 such report and post such summary on the pub15 lic internet website of the Centers for Disease 

16 Control and Prevention; and 

17 ‘‘(B) not later than 60 days after submit18 ting a report to Congress under paragraph (2), 

19 summarize the key findings of the report and 

20 post such summary on such public internet 

21 website. 

22 ‘‘(i) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘Director’ means the Director of 

24 the Centers for Disease Prevention and Control. 

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1 ‘‘(2) The term ‘electronic nicotine delivery sys2 tem’ has the meaning given to such term in section 

3 919A of the Federal Food, Drug, and Cosmetic Act. 

4 ‘‘(j) FUNDING.—Out of amounts collected as fees 

5 under section 919A of the Federal Food, Drug, and Cos6 metic Act, there are authorized to be appropriated to carry 

7 out this section the following: 

8 ‘‘(1) For fiscal year 2021, $200,000,000. 

9 ‘‘(2) For each of fiscal years 2022 and 2023, 

10 the amount described in paragraph (1), adjusted by 

11 the percentage change in the Consumer Price Index 

12 for all urban consumers (all items; United States 

13 city average) between 2021 and the applicable 

14 year.’’. 

15 SEC. 4. USER FEES RELATING TO ELECTRONIC NICOTINE 

16 DELIVERY SYSTEMS. 

17 (a) IN GENERAL.—Chapter IX of the Federal Food, 

18 Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) is amend19 ed by inserting after section 919 the following: 

20 ‘‘SEC. 919A. USER FEES RELATING TO ELECTRONIC NICO21 TINE DELIVERY SYSTEMS. 

22 ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.—Begin23 ning with fiscal year 2021, the Secretary, acting through 

24 the Commissioner of Food and Drugs, shall assess user 

25 fees on, and collect such fees from, each manufacturer and 

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1 importer of electronic nicotine delivery systems. The fees 

2 shall be assessed and collected with respect to each quarter 

3 of each fiscal year, and the total amount assessed and col4 lected for a fiscal year shall be the amount specified in 

5 subsection (b)(1) for such year, subject to subsection (c). 

6 ‘‘(b) ASSESSMENT OF USER FEE.— 

7 ‘‘(1) AMOUNT OF ASSESSMENT.—The total 

8 amount of user fees authorized to be assessed and 

9 collected under subsection (a) for a fiscal year is the 

10 following, as applicable to the fiscal year involved: 

11 ‘‘(A) For fiscal year 2021, $200,000,000. 

12 ‘‘(B) For fiscal year 2022 and fiscal year 

13 2023, the amount described in subparagraph 

14 (A), adjusted by the percentage change in the 

15 Consumer Price Index for all urban consumers 

16 (all items; United States city average) between 

17 2021 and the applicable year. 

18 ‘‘(2) DETERMINATION OF USER FEE BY COM19 PANY.—The total user fee to be paid by each manu20 facturer or importer of electronic nicotine delivery 

21 systems shall be determined for each quarter pursu22 ant to a formula developed by the Secretary. 

23 ‘‘(3) TIMING OF ASSESSMENT.—The Secretary 

24 shall notify each manufacturer and importer of elec25 tronic nicotine delivery systems subject to this secVerDate Sep 11 2014 00:38 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5482.IH H5482
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1 tion of the amount of the quarterly assessment im2 posed on such manufacturer or importer under this 

3 subsection for each quarter of each fiscal year. Such 

4 notifications shall occur not later than 30 days prior 

5 to the end of the quarter for which such assessment 

6 is made, and payments of all assessments shall be 

7 made by the last day of the quarter involved. 

8 ‘‘(4) CALCULATION OF MARKET SHARE.—Be9 ginning not later than fiscal year 2020, and for each 

10 subsequent fiscal year, the Secretary shall ensure 

11 that the Food and Drug Administration is able to 

12 determine— 

13 ‘‘(A) the annual amount of total sales in 

14 the electronic nicotine delivery system market of 

15 the United States; and 

16 ‘‘(B) the applicable percentage shares 

17 under paragraph (2). 

18 ‘‘(c) CREDITING AND AVAILABILITY OF FEES.— 

19 ‘‘(1) IN GENERAL.—Fees authorized under sub20 section (a) shall be collected and available for obliga21 tion only to the extent and in the amount provided 

22 in advance in appropriations Acts. Such fees are au23 thorized to remain available until expended. Such 

24 sums as may be necessary may be transferred from 

25 the ‘Food and Drug Administration—Salaries and 

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1 Expenses’ account without fiscal year limitation to 

2 such appropriation account for salaries and expenses 

3 with such fiscal year limitation. 

4 ‘‘(2) AVAILABILITY.—Fees appropriated under 

5 paragraph (3) shall be— 

6 ‘‘(A) transferred to the Centers for Disease 

7 Control and Prevention; and 

8 ‘‘(B) available only for the purpose of pay9 ing the costs of carrying out section 317U of 

10 the Public Health Service Act. 

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

12 For fiscal year 2021 and each subsequent fiscal 

13 year, there is authorized to be appropriated for fees 

14 under this section an amount equal to the amount 

15 specified in subsection (b)(1) for the fiscal year. 

16 ‘‘(d) APPLICABILITY TO FISCAL YEAR 2020.—If the 

17 date of enactment of the Providing Resources to End the 

18 Vaping Epidemic Now for Teenagers Act of 2020 occurs 

19 during fiscal year 2021, the following applies: 

20 ‘‘(1) The Secretary shall determine the fees 

21 that would apply for a single quarter of such fiscal 

22 year according to the application of subsection (b) to 

23 the amount specified in paragraph (1)(A) of such 

24 subsection (referred to in this subsection as the 

25 ‘quarterly fee amount’). 

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1 ‘‘(2) For the quarter in which such date of en2 actment occurs and any preceding quarter of fiscal 

3 year 2021, fees shall not be assessed or collected 

4 under this section. 

5 ‘‘(3) The amount specified in subsection 

6 (b)(1)(A) is deemed to be reduced by the quarterly 

7 amount for each quarter for which fees are not as8 sessed or collected by operation of paragraph (3). 

9 ‘‘(4) For any quarter in fiscal year 2021 fol10 lowing the quarter in which the date of enactment 

11 of the Providing Resources to End the Vaping Epi12 demic Now for Teenagers Act of 2020 occurs, the 

13 full quarterly fee amount shall be assessed and col14 lected.’’. 

15 (b) ENFORCEMENT.— 

16 (1) IN GENERAL.—Section 902(4) of the Fed17 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

18 387b(4)) is amended by inserting ‘‘, or the manufac19 turer or importer of electronic nicotine delivery sys20 tems fails to pay a user fee assessed to such manu21 facturer or importer pursuant to section 919A by 

22 the date specified in section 919A or by the 30th 

23 day after final agency action on a resolution of any 

24 dispute as to the amount of such fee’’ before the 

25 semicolon. 

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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on the later of Oc3 tober 1, 2021, or the date of enactment of this Act. 

4 (c) DEFINITION.—Section 900 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 387) is amended— 

6 (1) by redesignating paragraphs (8) through 

7 (22) as paragraphs (9) through (23), respectively; 

8 and 

9 (2) by inserting after paragraph (7) the fol10 lowing: 

11 ‘‘(8) ELECTRONIC NICOTINE DELIVERY SYS12 TEM.—The term ‘electronic nicotine delivery sys13 tem’— 

14 ‘‘(A) means a tobacco product that is an 

15 electronic device that delivers nicotine, flavor, or 

16 another substance via an aerosolized solution to 

17 the user inhaling from the device (including e18 cigarettes, e-hookah, e-cigars, vape pens, ad19 vanced refillable personal vaporizers, and elec20 tronic pipes) and any component, liquid, part, 

21 or accessory of such a device, whether or not 

22 sold separately; and 

23 ‘‘(B) does not include a product that is ap24 proved by the Food and Drug Administration 

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1 for sale as a tobacco cessation product or for 

2 another therapeutic purpose.’’. 

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