[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3701 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3701

 To protect and educate children about the dangers of e-cigarettes and 
  other electronic nicotine delivery systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2018

 Mr. Hatch (for himself and Mr. Udall) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To protect and educate children about the dangers of e-cigarettes and 
  other electronic nicotine delivery systems, and for other purposes.

    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 ``Smoke-Free Schools Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The use of tobacco among young students remains a 
        serious health concern, with more than 1 in every 4 high school 
        students, and approximately 1 in every 14 middle school 
        students, reporting recently using a tobacco product.
            (2) Roughly 95 percent of smokers will start smoking before 
        they are 21 years of age, with more than 90 percent of adult 
        smokers reporting having started when they were teens.
            (3) Since 2014, e-cigarettes and other electronic nicotine 
        delivery systems (commonly referred to as ``ENDS'') have become 
        the most commonly used and popular tobacco products among 
        middle school and high school students.
            (4) The use of electronic nicotine delivery systems, 
        including e-cigarettes, continues to rise, with the Centers for 
        Disease Control and Prevention and the Food and Drug 
        Administration having recorded a 50-percent and more than 75-
        percent increase in e-cigarette use among middle school and 
        high school students, respectively, from 2017 to 2018.
            (5) The most recent data finds that 3,620,000 middle school 
        and high school students were current e-cigarette users in 
        2018, an increase of 1,500,000 students in just one year.
            (6) Despite a 2018 National Academies of Sciences, 
        Engineering, and Medicine report that found e-cigarette aerosol 
        contained fewer toxicants than combusted cigarette smoke, e-
        cigarettes present unique health concerns for middle school and 
        high school students.
            (7) Electronic nicotine delivery systems, including e-
        cigarettes, contain nicotine, a drug the Surgeon General has 
        determined is highly addictive and can be harmful to the 
        development of the adolescent brain.
            (8) Congress has a major policy-setting role in ensuring 
        that the use of tobacco products among minors is discouraged to 
        the maximum extent possible.
            (9) Additionally, local educational agencies should be 
        given greater flexibility to target specific funding to efforts 
        aimed at eradicating the problem of the use of electronic 
        nicotine delivery systems, including e-cigarettes, as such use 
        affects student health, productivity, safety, and outcomes and 
        impedes a distraction-free learning environment.

SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED NICOTINE SYSTEMS IN 
              SCHOOLS.

    (a) Prohibition.--The Pro-Children Act of 2001 (20 U.S.C. 7971 et 
seq.) is amended--
            (1) in section 8572 (20 U.S.C. 7972), by adding at the end 
        the following:
            ``(6) Tobacco product.--The term `tobacco product' means a 
        tobacco product within the meaning of the term under the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.).'';
            (2) in section 8573 (20 U.S.C. 7973)--
                    (A) in subsection (a), by inserting ``or the use of 
                any tobacco product'' after ``smoking'';
                    (B) in subsection (b)(1), by inserting ``or the use 
                of any tobacco product'' after ``smoking'';
                    (C) in subsection (c)--
                            (i) in paragraph (1), by inserting ``or the 
                        use of any tobacco product'' after ``smoking''; 
                        and
                            (ii) in paragraph (2)(A), by inserting ``or 
                        the use of any tobacco product'' after 
                        ``smoking''; and
                    (D) in subsection (d)--
                            (i) by striking ``Notice.--The'' and 
                        inserting the following: ``Notice.--
            ``(1) In general.--Except as provided in paragraph (2), 
        the''; and
                            (ii) by adding at the end the following:
            ``(2) Rule for tobacco products.--Any prohibition under 
        subsections (a) through (c) regarding a tobacco product that 
        was not already prohibited, as such section was in effect on 
        the day before the date of enactment of the Smoke-Free Schools 
        Act of 2018, shall be effective 30 days after the date of 
        enactment of such Act.''.
    (b) Conforming Amendments.--The Pro-Children Act of 2001 (20 U.S.C. 
7971 et seq.) is amended--
            (1) in section 8571 (20 U.S.C. 7971), by striking ``part'' 
        and inserting ``subpart'';
            (2) in section 8572 (20 U.S.C. 7972)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``part'' and inserting ``subpart''; and
                    (B) in paragraph (2)(B), by striking ``part'' and 
                inserting ``subpart''; and
            (3) in section 8574 (20 U.S.C. 7974), by striking ``part'' 
        each place the term appears and inserting ``subpart''.
    (c) Repeal.--The Pro-Children Act of 1994 (20 U.S.C. 6081 et seq.) 
is repealed.

SEC. 4. CLARIFYING TITLE IV OF ESEA TO ALLOW SCHOOLS TO USE FUNDING TO 
              ADDRESS E-CIGARETTE USE AMONG STUDENTS.

    (a) Safe and Healthy Student Funding.--Subpart 1 of part A of title 
IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7111 et seq.) is amended--
            (1) in section 4102 (20 U.S.C. 7112), by adding at the end 
        the following:
            ``(9) Tobacco product.--The term `tobacco product' means a 
        tobacco product within the meaning of the term under the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.).'';
            (2) in section 4104(b)(3)(B) (20 U.S.C. 7114(b)(3)(B))--
                    (A) in clause (iii), by striking ``and'' after the 
                semicolon; and
                    (B) by adding at the end the following:
                            ``(v) supporting local educational agencies 
                        in the reduction or elimination of the use of 
                        electronic nicotine delivery systems (including 
                        e-cigarettes) or other tobacco products among 
                        children in schools; and''; and
            (3) in section 4108(5)(A) (20 U.S.C. 7118(5)(A))--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon;
                    (B) in clause (ii), by inserting ``and'' after the 
                semicolon; and
                    (C) by adding at the end the following:
                            ``(iii) targeted efforts to reduce or 
                        eliminate the use of electronic nicotine 
                        delivery systems (including e-cigarettes) or 
                        other tobacco products among children in 
                        schools;''.
    (b) 21st Century Community Center Funding.--Section 4205(a)(12) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175) is 
amended by inserting ``, targeted efforts to reduce or eliminate the 
use of electronic nicotine delivery systems (including e-cigarettes) or 
other tobacco products (as defined in section 4102) among children in 
schools,'' before ``and counseling''.

SEC. 5. STUDIES AND REPORTS ON THE USE OF ELECTRONIC NICOTINE DELIVERY 
              SYSTEMS.

    (a) FDA Studies.--
            (1) Study.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall, in coordination 
        with the Secretary of Education and the Director of the Centers 
        for Disease Control and Prevention, conduct a study, or several 
        studies, including all of the following topics:
                    (A) Best practices for schools and local 
                educational agencies to take in addressing electronic 
                nicotine delivery systems in schools, which may 
                include--
                            (i) banning electronic nicotine delivery 
                        systems on school grounds; or
                            (ii) steps that can be taken by schools to 
                        educate students regarding the dangers of 
                        electronic nicotine delivery systems.
                    (B) Gaps in knowledge of the harms of electronic 
                nicotine delivery system use among adolescents and 
                young adults, including injuries and poisoning relating 
                to electronic nicotine delivery systems.
                    (C) The dose-response association between 
                electronic nicotine delivery system use and combustible 
                tobacco smoking in adolescents and young adults, 
                including an assessment of the frequency and intensity 
                of use and dependence systems for both types of 
                products.
                    (D) To the extent practicable, current efforts, as 
                of the date of the study, by local educational agencies 
                to target Federal funding to combat electronic nicotine 
                delivery system use in schools.
            (2) Consultation.--In the process of conducting any study 
        under paragraph (1), the Secretary shall solicit input from 
        State educational agencies, local educational agencies, 
        consumer advocacy groups, physicians specializing in lung 
        disease, addiction specialists, or any other entity determined 
        appropriate by the Secretary, after consultation with the 
        Secretary of Education and the Director of the Centers for 
        Disease Control and Prevention.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall prepare and submit, 
        to the Committee on Health, Education, Labor, and Pensions of 
        the Senate and the Committee on Education and the Workforce of 
        the House of Representatives, a report on each study conducted 
        under paragraph (1). Such report shall include recommendations 
        for such legislative and administrative actions as such 
        Secretary determines to be appropriate.
    (b) FTC Studies.--Notwithstanding any other provision of law, if 
the Federal Trade Commission undertakes any study regarding the 
marketing effects of tobacco products, the Federal Trade Commission 
shall ensure that the study addresses the marketing effects of 
electronic nicotine delivery systems.
    (c) Definitions.--In this section:
            (1) Electronic nicotine delivery system.--The term 
        ``electronic nicotine delivery system'' means any electronic 
        nicotine delivery system, including e-cigarettes.
            (2) ESEA definitions.--The terms ``local educational 
        agency'' and ``State educational agency'' have the meanings 
        given the terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services, acting through the Commissioner 
        of Food and Drugs.
                                 <all>