[Congressional Record Volume 166, Number 122 (Thursday, July 2, 2020)]
[Senate]
[Pages S4236-S4237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2424. Mrs. FEINSTEIN (for Mr. Cornyn) proposed an amendment to the
bill S. 1253, to apply requirements relating to delivery sales of
cigarettes to delivery sales of electronic nicotine delivery systems,
and for other purposes; as follows:
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 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.
[[Page S4237]]
(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.
______