[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Engrossed in Senate (ES)]

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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.