[Congressional Record Volume 166, Number 122 (Thursday, July 2, 2020)]
[Senate]
[Pages S4174-S4176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PREVENTING ONLINE SALES OF E-CIGARETTES TO CHILDREN ACT

  Mrs. FEINSTEIN. Mr. President, I am delighted this morning to be on 
the floor with the distinguished Senator from Texas. In order to 
proceed, I ask unanimous consent that, as in legislative session, the 
Committee on the Judiciary be discharged from further consideration of 
S. 1253 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1253) to apply requirements relating to delivery 
     sales of cigarettes to delivery sales of electronic nicotine 
     delivery systems, and for other purposes.

  There being no objection, the committee was discharged and the Senate 
proceeded to consider the bill.
  Mrs. FEINSTEIN. Mr. President, I further ask unanimous consent that 
the Cornyn amendment at the desk be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; and that 
the motion to reconsider be considered made and laid upon the table 
with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2424) was agreed to as follows

  (Purpose: To require the National Institutes of Health to conduct a 
 study and report on the short-term and long-term health impacts of e-
     cigarette use by youth and young adults under 21 years of age)

       At the end of section 2, add the following:
       (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.
       At the end, add the following:

     SEC. __. 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

[[Page S4175]]

     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.

  The bill (S. 1253), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1253

       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--

[[Page S4176]]

       (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.

  Mrs. FEINSTEIN. Thank you, Mr. President.
  I yield the floor to the distinguished Senator from Texas.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I am delighted to be here today with my 
friend, the Senator from California, with whom I have worked so closely 
on so many issues. We are both members of the Senate Committee on the 
Judiciary and the Senate Select Committee on Intelligence, and it is 
always a pleasure to work with her and her staff.
  Today is really an important day. It has been long in coming, but 
finally the Senate has now passed legislation that requires the same 
proof-of-age requirement that is needed for tobacco products to e-
cigarettes and vaping products, particularly those that are sold over 
the internet. That is what we are focused on.
  Last December, I met a 16-year-old young woman named Anna Carey, who 
is one of my personal heroes. She was one of the students at her high 
school who became addicted to e-cigarettes.
  E-cigarettes are nicotine delivery devices. The only difference 
between it and smoking a cigarette is the fire, the products of 
combustion, but it is just as addictive as cigarettes.
  Anna started experiencing symptoms that are uncommon in an otherwise 
healthy teenager. She became extremely lethargic. She experienced 
random and severe chest pains. Two initial x rays came back clear, so 
doctors released her, but her health struggles continued. Eventually, 
she was admitted to the hospital and diagnosed with chemical-induced 
pneumonia in both of her lungs.
  While I am glad to report that she is fully recovered and is now 
using her story to prevent more teens from going down the same path, 
what she told me in Fort Worth not that long ago is that these e-
cigarettes and vaping devices are everywhere. They are everywhere and 
can be easily purchased even though you are not supposed to use tobacco 
products or nicotine when you are under the age of 21.
  So all this bill requires, and it is really rather modest--it is 
unbelievable that it took us this long to get it here today, as modest 
as it is. At the time of delivery, if you buy a product online, the 
buyer has to sign and show an ID proving their age. It is the same 
requirement you would have if you made a physical purchase at a retail 
establishment or if you were buying tobacco online. For some reason, e-
cigarettes and vaping devices have been operating on a different 
playing field, but no longer. That is why I am so pleased to be here 
with Senator Feinstein to pass the Preventing Online Sales of E-
Cigarettes to Children Act.
  To summarize, this legislation would put the same safeguards in place 
for e-cigarettes as there are for traditional cigarettes purchased 
online.
  For those who think that we can never do anything on a bipartisan 
basis, that we can't pass laws because we are hopelessly polarized and 
dysfunctional, maybe this will provide some source of encouragement to 
the American people, but it also demonstrates that we are doing our 
best to try to protect children's health, particularly against 
addictive substances that are delivered through e-cigarettes and vaping 
devices.
  Thank you, Senator Feinstein, for your leadership on this and for 
your partnership.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California
  Mrs. FEINSTEIN. Mr. President, I thank the Senator from Texas. I have 
the pleasure of serving with him on the Committee on the Judiciary. We 
have been there for a long time, and over the years, I have come to 
have great respect for him. So it is a particular asset for me to be 
able to share the authorship of this bill.
  Mr. President, I rise to speak on the Preventing Online Sales of E-
Cigarettes to Children Act. Our commonsense bill would treat e-
cigarettes the same as traditional cigarettes and other tobacco 
products when it comes to purchasing them online. Can you believe it? 
E-cigarettes can be purchased online by someone 12 years old. There is 
no age requirement.
  This bill would help prevent children from illegally obtaining e-
cigarettes by ensuring that online vendors are verifying the age of 
their customers, properly labeling packages, and checking 
identification upon delivery. The law exists today, as I stated, for 
traditional cigarettes, and there is no reason e-cigarettes should be 
treated differently.
  An annual survey by the Centers for Disease Control and Prevention 
found that nearly 5.3 million students are using e-cigarettes--over 5 
million students.
  Besides being illegal, the rate of e-cigarette use among teenagers is 
growing. In 2019, almost 30 percent of high school students reported 
using an e-cigarette in the previous 30 days. That is a 50-percent 
increase from the year before. So the popularity of them for younger 
and younger children is going up and up.
  According to the U.S. Surgeon General report, the developing 
adolescent brain is uniquely sensitive to nicotine. Other studies have 
shown that children exposed to nicotine may be at greater risk for 
experiencing deficits in attention and cognition, suffering from mood 
disorders, and engaging in drug-seeking behavior. These effects may 
continue into adulthood, long after e-cigarette use has stopped.
  Further, new research shows that young people who use e-cigarettes 
are five times more likely to smoke traditional cigarettes within 1 
year. Clearly, it is a come-on to children to graduate from the e-
cigarette to the real cigarette.
  Given the effects of nicotine on children and the likelihood of their 
transitioning to traditional cigarette smoking, it is critical that we 
close any legal loopholes that allows underage youth to use e-
cigarettes. Studies show that one of the easiest ways for underage 
users to purchase e-cigarettes is online. Our bipartisan bill would 
require e-cigarette retailers to meet the same requirements as those 
that sell traditional cigarettes online.
  I believe we have 27 cosponsors equally divided between our two 
parties, so I am very pleased about that.
  By applying the same safeguards we have worked on with online sales 
of traditional cigarettes, our bill would ensure that online e-
cigarette sellers are verifying the age of their customers, properly 
labeling packages, and checking identification at delivery.
  While there is limited research on the effects that vaping has had on 
coronavirus patients, the virus is known to attack the lungs. People 
with underlying conditions are particularly susceptible. Last year, we 
saw a mysterious lung illness sicken thousands of people that had a 
history of vaping. So it stands to reason that any damage already 
caused by vaping may further compromise a person's ability to fight off 
the coronavirus.
  I want to thank Senator Cornyn for working with me on this important 
legislation and our 26 colleagues who joined as cosponsors to address 
the epidemic of e-cigarette use among American youth.
  I yield the floor.

                          ____________________