,i #aafth ,,congress #ast ,session ,h4 ,r4 #edhb ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjai,mr4 ,krishnamoorthi 7for himself1 ,mr4 ,king of ,new ,york1 and ,ms4 ,de,lauro7 introduced the following bill2 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 schools1 to award grants to ,state and local health agencies to implement such program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,providing ,resources to ,end the ,vaping ,epidemic ,now for ,teenagers ,act of #bjbj or the ,,prevent ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,high school e-cigarette use increased by #ace percent between #bjag and #bjai4 7#b7 ,middle school e-cigarette use increased by approximately #bah percent between #bjag and #bjai4 7#c7 ,results from the ,national ,youth ,tobacco ,survey of the ,centers for ,disease ,control and ,prevention 7in this section referred to as ,,cdc7 and the ,food and ,drug ,administration 7in this section referred to as ,,fda7 published in ,december #bjai show that #bg4e percent of high school students and #aj4e percent of middle school students reported using an e-cigarette in the previous #cj days1 up from #bj4h percent and #d4i percent1 respectively1 in #bjah4 7#d7 ,in #bjai1 more than one-third 7#cd4b percent7 of high school e-cigarette users reported using e-cigarettes products frequently1 on #bj to #cj days in the past month4 7#e7 ,the ,,cdc1 the ,,fda1 the ,department of ,health and ,human ,services1 the ,surgeon ,general1 and various ,state and local health authorities have determined the skyrocketing e-cigarette use amongst ,american youth to be an epidemic4 7#f7 ,according to the ,,cdc1 the use of nicotine among adolescents can be detrimental to memory making1 learning1 and behavior1 and e-cigarette use has been linked to lung conditions and mysterious illness4 7#g7 ,according to data from the ,,fda's ,population ,assessment of ,tobacco and ,health ,study1 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 use4 7#h7 ,the ,,cdc and ,,fda continue to reiterate that the use of any tobacco product1 including e-cigarettes1 is unsafe for young people4 #c4 ,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 #cag,t of such ,act 7#db ,u4,s4,c4 #bdg;b-#bb7 the following3 #cag,u4 ,grant program to prevent the use of electronic nicotine delivery systems in middle and high schools 7a7 ,establishment ,the ,secretary1 acting through the ,director1 in coordination with the ,commissioner of ,food and ,drugs1 shall-- 7#a7 develop a program to prevent the use of electronic nicotine delivery systems among students in middle and high schools2 and 7#b7 award grants to eligible entities to implement such program in the geographic area served by such agencies and organizations4 7b7 ,eligible entities ,to seek a grant under this section1 an entity shall be-- 7#a7 a ,state or local health agency2 7#b7 a nonprofit organization2 or 7#c7 if the grant is to serve students in a rural area1 a partnership of-- 7,a7 an entity described in paragraph 7#a7 or 7#b72 and 7,b7 a local educational agency or a hospital4 7c7 ,program requirements ,the program developed under subsection 7a77#a7 to prevent the use of electronic nicotine delivery systems among students in middle and high schools shall address each of the following3 7#a7 ,training for school personnel to identify and prevent the use by youth of electronic nicotine delivery systems4 7#b7 ,creating and distributing educational resources for preventing the use of electronic nicotine delivery systems1 designed for students1 parents1 and school personnel4 7#c7 ,social media and marketing campaigns to educate students on the health risks of the use of electronic nicotine delivery systems and nicotine addiction1 to be designed by the ,centers for ,disease ,control and ,prevention and implemented by grantees in partnership with private advertising companies1 nonprofit organizations1 and advocacy organizations that specialize in youth substance use prevention and addiction treatment4 7#d7 ,resources for students on how to communicate with their peers on the dangers of e-cigarette use4 7#e7 ,partnering with school counseling personnel to assist students impacted by youth vaping4 7#f7 ,offering public health resources and counseling to help treat youth nicotine addiction and recovery4 7d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities proposing to serve underserved populations with the greatest use of vaping products4 7e7 ,application ,to seek a grant under subsection 7a77#b71 an eligible entity shall submit an application at such time1 in such manner1 and containing such information as the ,director may require4 7f7 ,geographic distribution ,in awarding grants under this section1 the ,secretary shall ensure that such grants are distributed equitably across urban and rural areas4 7g7 ,consultation ,as a condition on receipt of a grant under subsection 7a77#b71 an eligible entity shall agree that1 in carrying out its program funded through the grant1 the agency will consult with the following3 7#a7 ,public health1 health care1 and youth vaping prevention advocacy organizations1 and organizations representing educators4 7#b7 ,organizations that specialize in addiction prevention and treatment4 7#c7 ,mental health and medical specialists1 including professionals who specialize in child development4 7#d7 ,school principals and other school administrators4 7h7 ,reporting 7#a7 ,by grantees ,as a condition on the receipt of a grant under subsection 7a77#b71 an eligible entity shall agree to submit to the ,director a report annually over the grant period4 ,each such report shall address the following3 7,a7 ,the greatest obstacles in implementing the program developed under subsection 7a77#a74 7,b7 ,the greatest obstacles in preventing the use by youth of electronic nicotine delivery systems4 7,c7 ,additional resources are needed to address the popularity of electronic delivery systems and youth vaping culture4 7#b7 ,reporting by ,,cdc ,not later than #b years after the program is developed pursuant to subsection 7a77#a71 and annually thereafter1 the ,director shall submit to ,congress a report on the following3 7,a7 ,how the funds made available for carrying out this section were used in developing a program under subsection 7a77#a7 and implementing such program through grants under subsection 7a77#b74 7,b7 ,which strategies or resources were effective in preventing the use by youth of electronic nicotine delivery systems4 7,c7 ,which strategies or resources were not effective in preventing the use by youth of electronic nicotine delivery systems4 7#c7 ,posting of reports and compiled findings ,the ,director shall-- 7,a7 not later than #fj days after receiving a report submitted by a grantee pursuant to paragraph 7#a71 summarize the key findings of such report and post such summary on the public internet website of the ,centers for ,disease ,control and ,prevention2 and 7,b7 not later than #fj days after submitting a report to ,congress under paragraph 7#b71 summarize the key findings of the report and post such summary on such public internet website4 7i7 ,definitions ,in this section3 7#a7 ,the term ,director means the ,director of the ,centers for ,disease ,prevention and ,control4 7#b7 ,the term electronic nicotine delivery system has the meaning given to such term in section #iai;,a of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7j7 ,funding ,out of amounts collected as fees under section #iai;,a of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 there are authorized to be appropriated to carry out this section the following3 7#a7 ,for fiscal year #bjba1 #bjj1jjj1jjj4 7#b7 ,for each of fiscal years #bjbb and #bjbc1 the amount described in paragraph 7#a71 adjusted by the percentage change in the ,consumer ,price ,index for all urban consumers 7all items2 ,united ,states city average7 between #bjba and the applicable year4 4 #d4 ,user fees relating to electronic nicotine delivery systems 7a7 ,in general ,chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg et seq47 is amended by inserting after section #iai the following3 #iai;,a4 ,user fees relating to electronic nicotine delivery systems 7a7 ,establishment of quarterly fee ,beginning with fiscal year #bjba1 the ,secretary1 acting through the ,commissioner of ,food and ,drugs1 shall assess user fees on1 and collect such fees from1 each manufacturer and importer of electronic nicotine delivery systems4 ,the fees shall be assessed and collected with respect to each quarter of each fiscal year1 and the total amount assessed and collected for a fiscal year shall be the amount specified in subsection 7b77#a7 for such year1 subject to subsection 7c74 7b7 ,assessment of user fee 7#a7 ,amount of assessment ,the total amount of user fees authorized to be assessed and collected under subsection 7a7 for a fiscal year is the following1 as applicable to the fiscal year involved3 7,a7 ,for fiscal year #bjba1 #bjj1jjj1jjj4 7,b7 ,for fiscal year #bjbb and fiscal year #bjbc1 the amount described in subparagraph 7,a71 adjusted by the percentage change in the ,consumer ,price ,index for all urban consumers 7all items2 ,united ,states city average7 between #bjba and the applicable year4 7#b7 ,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 ,secretary4 7#c7 ,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 year4 ,such notifications shall occur not later than #cj days prior to the end of the quarter for which such assessment is made1 and payments of all assessments shall be made by the last day of the quarter involved4 7#d7 ,calculation of market share ,beginning not later than fiscal year #bjbj1 and for each subsequent fiscal year1 the ,secretary shall ensure that the ,food and ,drug ,administration is able to determine-- 7,a7 the annual amount of total sales in the electronic nicotine delivery system market of the ,united ,states2 and 7,b7 the applicable percentage shares under paragraph 7#b74 7c7 ,crediting and availability of fees 7#a7 ,in general ,fees authorized under subsection 7a7 shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations ,acts4 ,such fees are authorized to remain available until expended4 ,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 limitation4 7#b7 ,availability ,fees appropriated under paragraph 7#c7 shall be-- 7,a7 transferred to the ,centers for ,disease ,control and ,prevention2 and 7,b7 available only for the purpose of paying the costs of carrying out section #cag,u of the ,public ,health ,service ,act4 7#c7 ,authorization of appropriations ,for fiscal year #bjba and each subsequent fiscal year1 there is authorized to be appropriated for fees under this section an amount equal to the amount specified in subsection 7b77#a7 for the fiscal year4 7d7 ,applicability to fiscal year #bjbj ,if the date of enactment of the ,providing ,resources to ,end the ,vaping ,epidemic ,now for ,teenagers ,act of #bjbj occurs during fiscal year #bjba1 the following applies3 7#a7 ,the ,secretary shall determine the fees that would apply for a single quarter of such fiscal year according to the application of subsection 7b7 to the amount specified in paragraph 7#a77;,a7 of such subsection 7referred to in this subsection as the quarterly fee amount74 7#b7 ,for the quarter in which such date of enactment occurs and any preceding quarter of fiscal year #bjba1 fees shall not be assessed or collected under this section4 7#c7 ,the amount specified in subsection 7b77#a77;,a7 is deemed to be reduced by the quarterly amount for each quarter for which fees are not assessed or collected by operation of paragraph 7#c74 7#d7 ,for any quarter in fiscal year #bjba following the quarter in which the date of enactment of the ,providing ,resources to ,end the ,vaping ,epidemic ,now for ,teenagers ,act of #bjbj occurs1 the full quarterly fee amount shall be assessed and collected4 4 7b7 ,enforcement 7#a7 ,in general ,section #ijb7d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;b7#d77 is amended by inserting 1 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 #iai;,a by the date specified in section #iai;,a or by the #cjth day after final agency action on a resolution of any dispute as to the amount of such fee before the semicolon4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the later of ,october #a1 #bjba1 or the date of enactment of this ,act4 7c7 ,definition ,section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg7 is amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#bb7 as paragraphs 7#i7 through 7#bc71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means a tobacco product that is an electronic device that delivers nicotine1 flavor1 or another substance via an aerosolized solution to the user inhaling from the device 7including e-cigarettes1 e-hookah1 e-cigars1 vape pens1 advanced refillable personal vaporizers1 and electronic pipes7 and any component1 liquid1 part1 or accessory of such a device1 whether or not sold separately2 and 7,b7 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 purpose4 4