Congressional Record, Volume 166 Issue 122 (Thursday, July 2, 2020)

[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.

[[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.

____________________