[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 1253
_______________________________________________________________________
AN ACT
To apply requirements relating to delivery sales of cigarettes to
delivery sales of 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 ``Preventing Online Sales of E-
Cigarettes to Children Act''.
SEC. 2. AMENDMENTS TO THE JENKINS ACT.
(a) In General.--The Act entitled ``An Act to assist States in
collecting sales and use taxes on cigarettes'', approved October 19,
1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.),
is amended--
(1) in section 1 (15 U.S.C. 375)--
(A) in paragraph (2)(A)(ii)--
(i) by striking ``includes roll-your-own
tobacco'' and inserting the following:
``includes--
``(I) roll-your-own tobacco'';
(ii) in subclause (I), as so designated, by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(II) an electronic nicotine
delivery system.'';
(B) by redesignating paragraphs (7) through (14) as
paragraphs (8) through (15), respectively; and
(C) by inserting after paragraph (6) the following:
``(7) Electronic nicotine delivery system.--The term
`electronic nicotine delivery system'--
``(A) means any electronic device that, through an
aerosolized solution, delivers nicotine, flavor, or any
other substance to the user inhaling from the device;
``(B) includes--
``(i) an e-cigarette;
``(ii) an e-hookah;
``(iii) an e-cigar;
``(iv) a vape pen;
``(v) an advanced refillable personal
vaporizer;
``(vi) an electronic pipe; and
``(vii) any component, liquid, part, or
accessory of a device described in subparagraph
(A), without regard to whether the component,
liquid, part, or accessory is sold separately
from the device; and
``(C) does not include a product that is--
``(i) approved by the Food and Drug
Administration for--
``(I) sale as a tobacco cessation
product; or
``(II) any other therapeutic
purpose; and
``(ii) marketed and sold solely for a
purpose described in clause (i).''; and
(2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by
inserting ``NICOTINE/'' after ``CIGARETTES/''.
(b) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 90 days after the date
of enactment of this Act.
(c) Rule of Construction.--Nothing in this section, or an amendment
made by this section, may be construed to affect or otherwise alter any
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), including its implementing regulations.
SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.
(a) Regulations.--Not later than 120 days after the date of
enactment of this Act, the United States Postal Service shall
promulgate regulations to clarify the applicability of the prohibition
on mailing of cigarettes under section 1716E of title 18, United States
Code, to electronic nicotine delivery systems, in accordance with the
amendment to the definition of ``cigarette'' made by section 2.
(b) Effective Date.--The prohibition on mailing of cigarettes under
section 1716E of title 18, United States Code, shall apply to
electronic nicotine delivery systems on and after the date on which the
United States Postal Service promulgates regulations under subsection
(a) of this section.
SEC. 4. UNDERSTANDING THE IMPACT OF E-CIGARETTE USE BY ADOLESCENTS AND
YOUNG ADULTS.
(a) Study.--The National Institutes of Health, in coordination with
other appropriate agencies, shall conduct a study on the short-term and
long-term health impacts of e-cigarette use by youth and young adults
under 21 years of age, that includes the following:
(1) An examination of the health impacts of using liquids
obtained from the legal market, including liquids that may not
have premarket approval from the Food and Drug Administration,
compared to liquids obtained illicitly.
(2) A determination of the precise relationship between
underage vaping and underage smoking, which may include using
national survey data, in which the reporting of smoking and
vaping usage classifications (such as current users, former
users, or never users) shall be integrated and not treated as
separate or unrelated categories.
(3) A determination of the precise relationship between
vaping and smoking among young adults, who are 21 to 24 years
of age, using national survey data, in which the reporting of
smoking and vaping usage classifications (such as current
users, former users, or never users) shall be integrated and
not treated as separate or unrelated categories.
(4) An examination of e-cigarette usage data from cities,
localities, and States that have adopted e-cigarette product
bans to evaluate--
(A) the proportion of e-cigarette users in those
areas who return to smoking combustible cigarettes;
(B) the proportion of e-cigarette users in those
areas who access products from illicit markets; and
(C) the proportion of e-cigarette users in those
areas who stop using all nicotine products or reduce
their overall nicotine product use.
(5) A determination of the frequency of use of each
specific and multiple tobacco products among high school
students in the United States, including--
(A) the number of high school students who use each
specific and multiple tobacco products less than 20
days per month; and
(B) the number of high school students who use each
specific and multiple tobacco products 20 or more days
per month.
(6) An examination of the rates of underage e-cigarette use
in cities, localities, and States that have adopted Tobacco 21
laws prior to the date of enactment of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
(7) An examination of illegal smuggling of tobacco products
in cities, localities, and States that have--
(A) banned such products;
(B) enacted taxes on such products that are higher
than the national median; or
(C) enacted other legal restrictions on such
products.
(8) A determination of how prevalence estimates of tobacco
use in the National Youth Tobacco Survey differ from prevalence
estimates of tobacco use in other national surveys, including
the Population Assessment of Tobacco and Health and the
Knowledge Panel.
(9) A determination of the prevalence of the following
high-risk behaviors among high school students, and their
relationship, if any, to vaping and smoking:
(A) Using marijuana or alcohol.
(B) Binge drinking.
(C) Underage sexual activity.
(D) Using an electronic device while driving.
(E) Knowingly riding in a motor vehicle with a
driver who was recently drinking.
(F) Seriously considering suicide.
(10) An examination of the role flavors play in youth
initiation and use of e-cigarettes and other tobacco products.
(11) An examination of the risk of youth addiction to
nicotine, including the impact of e-cigarettes that use
nicotine salts.
(12) An examination of risks to youth of nicotine use and
exposure to harmful and potentially harmful constituents
emitted from some e-cigarettes, including flavorings used in e-
cigarettes.
(13) A determination of a credible estimate of the
difference in health risks between combustible cigarette
smoking and vaping, if a valid estimate can be made, to inform
tobacco regulation in the United States, taking into account--
(A) the findings of the British Royal College of
Physicians in their 2016 report, ``Nicotine without
smoke: Tobacco harm reduction'';
(B) the article entitled ``Invalidity of an Oft-
Cited Estimate of the Relative Harms of Electronic
Cigarettes'' published in the American Journal of
Public Health in February 2020;
(C) the findings of the National Academies of
Sciences, Engineering, and Medicine in their 2018
report, ``Public Health Consequences of E-Cigarettes'';
(D) relevant reports and advisories of the Surgeon
General; and
(E) other peer reviewed research.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the National Institutes of Health shall
submit a report to Congress on the findings of the study
required to be conducted under subsection (a).
(2) Requirement.--Not later than 90 days after the date on
which the report required under paragraph (1) is submitted, all
data, research products, and reports from the study required to
be conducted under subsection (a) shall be made publicly
available online.
(c) No New Funds Authorized.--No additional funds are authorized to
be appropriated to carry out this section.
Passed the Senate July 2, 2020.
Attest:
Secretary.
116th CONGRESS
2d Session
S. 1253
_______________________________________________________________________
AN ACT
To apply requirements relating to delivery sales of cigarettes to
delivery sales of electronic nicotine delivery systems, and for other
purposes.