Preventing Online Sales of E-Cigarettes to Children Act

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 Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 1253 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Preventing Online 2 Sales of E-Cigarettes to Children Act’’. 3 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 4 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist 5 States in collecting sales and use taxes on cigarettes’’, ap- 6 proved October 19, 1949 (commonly known as the ‘‘Jen- 7 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 8 (1) in section 1 (15 U.S.C. 375)— 9 (A) in paragraph (2)(A)(ii)— 10 (i) by striking ‘‘includes roll-your-own 11 tobacco’’ and inserting the following: ‘‘in- 12 cludes— 13 ‘‘(I) roll-your-own tobacco’’; 14 (ii) in subclause (I), as so designated, 15 by striking the period at the end and in- 16 serting ‘‘; and’’; and 17 (iii) by adding at the end the fol- 18 lowing: 19 ‘‘(II) an electronic nicotine deliv- 20 ery system.’’; 21 (B) by redesignating paragraphs (7) 22 through (14) as paragraphs (8) through (15), 23 respectively; and 24 (C) by inserting after paragraph (6) the 25 following: 26 3 † S 1253 ES ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS- 1 TEM.—The term ‘electronic nicotine delivery sys- 2 tem’— 3 ‘‘(A) means any electronic device that, 4 through an aerosolized solution, delivers nico- 5 tine, flavor, or any other substance to the user 6 inhaling from the device; 7 ‘‘(B) includes— 8 ‘‘(i) an e-cigarette; 9 ‘‘(ii) an e-hookah; 10 ‘‘(iii) an e-cigar; 11 ‘‘(iv) a vape pen; 12 ‘‘(v) an advanced refillable personal 13 vaporizer; 14 ‘‘(vi) an electronic pipe; and 15 ‘‘(vii) any component, liquid, part, or 16 accessory of a device described in subpara- 17 graph (A), without regard to whether the 18 component, liquid, part, or accessory is 19 sold separately from the device; and 20 ‘‘(C) does not include a product that is— 21 ‘‘(i) approved by the Food and Drug 22 Administration for— 23 ‘‘(I) sale as a tobacco cessation 24 product; or 25 4 † S 1253 ES ‘‘(II) any other therapeutic pur- 1 pose; and 2 ‘‘(ii) marketed and sold solely for a 3 purpose described in clause (i).’’; and 4 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), 5 by inserting ‘‘NICOTINE/’’ after ‘‘CIGARETTES/ 6 ’’. 7 (b) EFFECTIVE DATE.—This section, and the amend- 8 ments made by this section, shall take effect on the date 9 that is 90 days after the date of enactment of this Act. 10 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 11 tion, or an amendment made by this section, may be con- 12 strued to affect or otherwise alter any provision of the 13 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 14 et seq.), including its implementing regulations. 15 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE- 16 LIVERY SYSTEMS. 17 (a) REGULATIONS.—Not later than 120 days after 18 the date of enactment of this Act, the United States Postal 19 Service shall promulgate regulations to clarify the applica- 20 bility of the prohibition on mailing of cigarettes under sec- 21 tion 1716E of title 18, United States Code, to electronic 22 nicotine delivery systems, in accordance with the amend- 23 ment to the definition of ‘‘cigarette’’ made by section 2. 24 5 † S 1253 ES (b) EFFECTIVE DATE.—The prohibition on mailing 1 of cigarettes under section 1716E of title 18, United 2 States Code, shall apply to electronic nicotine delivery sys- 3 tems on and after the date on which the United States 4 Postal Service promulgates regulations under subsection 5 (a) of this section. 6 SEC. 4. UNDERSTANDING THE IMPACT OF E-CIGARETTE 7 USE BY ADOLESCENTS AND YOUNG ADULTS. 8 (a) STUDY.—The National Institutes of Health, in 9 coordination with other appropriate agencies, shall con- 10 duct a study on the short-term and long-term health im- 11 pacts of e-cigarette use by youth and young adults under 12 21 years of age, that includes the following: 13 (1) An examination of the health impacts of 14 using liquids obtained from the legal market, includ- 15 ing liquids that may not have premarket approval 16 from the Food and Drug Administration, compared 17 to liquids obtained illicitly. 18 (2) A determination of the precise relationship 19 between underage vaping and underage smoking, 20 which may include using national survey data, in 21 which the reporting of smoking and vaping usage 22 classifications (such as current users, former users, 23 or never users) shall be integrated and not treated 24 as separate or unrelated categories. 25 6 † S 1253 ES (3) A determination of the precise relationship 1 between vaping and smoking among young adults, 2 who are 21 to 24 years of age, using national survey 3 data, in which the reporting of smoking and vaping 4 usage classifications (such as current users, former 5 users, or never users) shall be integrated and not 6 treated as separate or unrelated categories. 7 (4) An examination of e-cigarette usage data 8 from cities, localities, and States that have adopted 9 e-cigarette product bans to evaluate— 10 (A) the proportion of e-cigarette users in 11 those areas who return to smoking combustible 12 cigarettes; 13 (B) the proportion of e-cigarette users in 14 those areas who access products from illicit 15 markets; and 16 (C) the proportion of e-cigarette users in 17 those areas who stop using all nicotine products 18 or reduce their overall nicotine product use. 19 (5) A determination of the frequency of use of 20 each specific and multiple tobacco products among 21 high school students in the United States, includ- 22 ing— 23 7 † S 1253 ES (A) the number of high school students 1 who use each specific and multiple tobacco 2 products less than 20 days per month; and 3 (B) the number of high school students 4 who use each specific and multiple tobacco 5 products 20 or more days per month. 6 (6) An examination of the rates of underage e- 7 cigarette use in cities, localities, and States that 8 have adopted Tobacco 21 laws prior to the date of 9 enactment of the Further Consolidated Appropria- 10 tions Act, 2020 (Public Law 116–94). 11 (7) An examination of illegal smuggling of to- 12 bacco products in cities, localities, and States that 13 have— 14 (A) banned such products; 15 (B) enacted taxes on such products that 16 are higher than the national median; or 17 (C) enacted other legal restrictions on such 18 products. 19 (8) A determination of how prevalence esti- 20 mates of tobacco use in the National Youth Tobacco 21 Survey differ from prevalence estimates of tobacco 22 use in other national surveys, including the Popu- 23 lation Assessment of Tobacco and Health and the 24 Knowledge Panel. 25 8 † S 1253 ES (9) A determination of the prevalence of the fol- 1 lowing high-risk behaviors among high school stu- 2 dents, and their relationship, if any, to vaping and 3 smoking: 4 (A) Using marijuana or alcohol. 5 (B) Binge drinking. 6 (C) Underage sexual activity. 7 (D) Using an electronic device while driv- 8 ing. 9 (E) Knowingly riding in a motor vehicle 10 with a driver who was recently drinking. 11 (F) Seriously considering suicide. 12 (10) An examination of the role flavors play in 13 youth initiation and use of e-cigarettes and other to- 14 bacco products. 15 (11) An examination of the risk of youth addic- 16 tion to nicotine, including the impact of e-cigarettes 17 that use nicotine salts. 18 (12) An examination of risks to youth of nico- 19 tine use and exposure to harmful and potentially 20 harmful constituents emitted from some e-cigarettes, 21 including flavorings used in e-cigarettes. 22 (13) A determination of a credible estimate of 23 the difference in health risks between combustible 24 cigarette smoking and vaping, if a valid estimate can 25 9 † S 1253 ES be made, to inform tobacco regulation in the United 1 States, taking into account— 2 (A) the findings of the British Royal Col- 3 lege of Physicians in their 2016 report, ‘‘Nico- 4 tine without smoke: Tobacco harm reduction’’; 5 (B) the article entitled ‘‘Invalidity of an 6 Oft-Cited Estimate of the Relative Harms of 7 Electronic Cigarettes’’ published in the Amer- 8 ican Journal of Public Health in February 9 2020; 10 (C) the findings of the National Academies 11 of Sciences, Engineering, and Medicine in their 12 2018 report, ‘‘Public Health Consequences of 13 E-Cigarettes’’; 14 (D) relevant reports and advisories of the 15 Surgeon General; and 16 (E) other peer reviewed research. 17 (b) REPORT.— 18 (1) IN GENERAL.—Not later than 1 year after 19 the date of enactment of this Act, the National In- 20 stitutes of Health shall submit a report to Congress 21 on the findings of the study required to be con- 22 ducted under subsection (a). 23 (2) REQUIREMENT.—Not later than 90 days 24 after the date on which the report required under 25 10 † S 1253 ES paragraph (1) is submitted, all data, research prod- 1 ucts, and reports from the study required to be con- 2 ducted under subsection (a) shall be made publicly 3 available online. 4 (c) NO NEW FUNDS AUTHORIZED.—No additional 5 funds are authorized to be appropriated to carry out this 6 section. 7 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.