Smoke-Free Schools Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1832 To protect and educate children about the dangers of e-cigarettes and other electronic nicotine delivery systems, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Mr. UDALL (for himself and Mr. ROMNEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect and educate children about the dangers of e- cigarettes and other 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Smoke-Free Schools 4 Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The use of tobacco among young students 8 remains a serious health concern, with more than 1 9 VerDate Sep 11 2014 23:30 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1832.IS S1832 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1832 IS in every 4 high school students, and approximately 1 1 in every 14 middle school students, reporting re- 2 cently using a tobacco product. 3 (2) Roughly 95 percent of smokers will start 4 smoking before they are 21 years of age, with more 5 than 90 percent of adult smokers reporting having 6 started when they were teens. 7 (3) E-cigarettes and other electronic nicotine 8 delivery systems (commonly referred to as ‘‘ENDS’’) 9 entered the market in 2006 and, by 2014, became 10 the most commonly used and popular tobacco prod- 11 ucts among middle school and high school students. 12 (4) The use of electronic nicotine delivery sys- 13 tems, including e-cigarettes, continues to rise, with 14 the Centers for Disease Control and Prevention and 15 the Food and Drug Administration having recorded 16 a 78-percent increase in e-cigarette use among high 17 school students and a 48-percent increase in e-ciga- 18 rette use among middle school students from 2017 19 to 2018. 20 (5) The most recent data finds that 3,620,000 21 middle school and high school students were current 22 e-cigarette users in 2018, an increase of 1,500,000 23 students in just one year. 24 VerDate Sep 11 2014 23:30 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1832.IS S1832 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1832 IS (6) Despite a 2018 National Academies of 1 Sciences, Engineering, and Medicine report that 2 found e-cigarette aerosol contained fewer toxicants 3 than combusted cigarette smoke, e-cigarettes present 4 unique health concerns for middle school and high 5 school students. 6 (7) Electronic nicotine delivery systems, includ- 7 ing e-cigarettes, can contain nicotine, a drug the 8 Surgeon General has determined is highly addictive 9 and can be harmful to the development of the ado- 10 lescent brain. 11 (8) Congress has a major policy-setting role in 12 ensuring that the use of tobacco products among mi- 13 nors is discouraged to the maximum extent possible. 14 (9) Additionally, local educational agencies 15 should be given greater flexibility to target specific 16 funding to efforts aimed at eradicating the problem 17 of the use of electronic nicotine delivery systems, in- 18 cluding e-cigarettes, as such use affects student 19 health, productivity, safety, and outcomes and im- 20 pedes a distraction-free learning environment. 21 SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED 22 NICOTINE SYSTEMS IN SCHOOLS. 23 (a) PROHIBITION.—The Pro-Children Act of 2001 24 (20 U.S.C. 7971 et seq.) is amended— 25 VerDate Sep 11 2014 23:30 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1832.IS S1832 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1832 IS (1) in section 8572 (20 U.S.C. 7972), by add- 1 ing at the end the following: 2 ‘‘(6) TOBACCO PRODUCT.—The term ‘tobacco 3 product’ means a tobacco product within the mean- 4 ing of the term under the Federal Food, Drug, and 5 Cosmetic Act (21 U.S.C. 301 et seq.).’’; and 6 (2) in section 8573 (20 U.S.C. 7973)— 7 (A) in subsection (a), by striking ‘‘smok- 8 ing’’ and inserting ‘‘the use of any tobacco 9 product’’; 10 (B) in subsection (b)(1), by striking 11 ‘‘smoking’’ and inserting ‘‘the use of any to- 12 bacco product’’; 13 (C) in subsection (c)— 14 (i) in paragraph (1), by striking 15 ‘‘smoking’’ and inserting ‘‘the use of any 16 tobacco product’’; and 17 (ii) in paragraph (2)(A), by striking 18 ‘‘smoking’’ and inserting ‘‘the use of any 19 tobacco product’’; and 20 (D) in subsection (d)— 21 (i) by striking ‘‘NOTICE.—The’’ and 22 inserting the following: ‘‘NOTICE.— 23 ‘‘(1) IN GENERAL.—Except as provided in para- 24 graph (2), the’’; and 25 VerDate Sep 11 2014 23:30 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1832.IS S1832 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1832 IS (ii) by adding at the end the fol- 1 lowing: 2 ‘‘(2) RULE FOR TOBACCO PRODUCTS.—Any 3 prohibition under subsections (a) through (c) regard- 4 ing a tobacco product that was not already prohib- 5 ited, as such section was in effect on the day before 6 the date of enactment of the Smoke-Free Schools 7 Act of 2019, shall be effective 30 days after the date 8 of enactment of such Act.’’. 9 (b) CONFORMING AMENDMENTS.—The Pro-Children 10 Act of 2001 (20 U.S.C. 7971 et seq.) is amended— 11 (1) in section 8571 (20 U.S.C. 7971), by strik- 12 ing ‘‘part’’ and inserting ‘‘subpart’’; 13 (2) in section 8572 (20 U.S.C. 7972)— 14 (A) in the matter preceding paragraph (1), 15 by striking ‘‘part’’ and inserting ‘‘subpart’’; and 16 (B) in paragraph (2)(B), by striking 17 ‘‘part’’ and inserting ‘‘subpart’’; and 18 (3) in section 8574 (20 U.S.C. 7974), by strik- 19 ing ‘‘part’’ each place the term appears and insert- 20 ing ‘‘subpart’’. 21 (c) REPEAL.—The Pro-Children Act of 1994 (20 22 U.S.C. 6081 et seq.) is repealed. 23 Æ VerDate Sep 11 2014 23:30 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1832.IS S1832 pamtmann on DSKBFK8HB2PROD with BILLS