[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4019 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4019

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2019

 Mr. Engel (for himself, Mr. Stewart, and Ms. Stevens) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 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 2019''.

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) E-cigarettes and other electronic nicotine delivery 
        systems (commonly referred to as ``ENDS'') entered the market 
        in 2006 and, by 2014, became 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 78 percent increase in e-
        cigarette use among high school students and 48 percent 
        increase in e-cigarette use among middle school students 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, can 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 striking ``smoking'' and 
                inserting ``the use of any tobacco product'';
                    (B) in subsection (b)(1), by striking ``smoking'' 
                and inserting ``the use of any tobacco product'';
                    (C) in subsection (c)--
                            (i) in paragraph (1), by striking 
                        ``smoking'' and inserting ``the use of any 
                        tobacco product''; and
                            (ii) in paragraph (2)(A), by striking 
                        ``smoking'' and inserting ``the use of any 
                        tobacco product''; 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 2019, 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.
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