I 116TH CONGRESS 1ST SESSION H. R. 4019 To protect and educate children about the dangers of e-cigarettes and other electronic nicotine delivery systems, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 25, 2019 Mr. ENGEL (for himself, Mr. STEWART, and Ms. STEVENS) introduced the following bill; which was referred to the Committee on Education and Labor 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 in every 4 high school students, and approximately 10 VerDate Sep 11 2014 04:34 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4019.IH H4019 kjohnson on DSK79L0C42 with BILLS 2 •HR 4019 IH 1 in every 14 middle school students, reporting re- 1 cently using a tobacco product. 2 (2) Roughly 95 percent of smokers will start 3 smoking before they are 21 years of age, with more 4 than 90 percent of adult smokers reporting having 5 started when they were teens. 6 (3) E-cigarettes and other electronic nicotine 7 delivery systems (commonly referred to as ‘‘ENDS’’) 8 entered the market in 2006 and, by 2014, became 9 the most commonly used and popular tobacco prod- 10 ucts among middle school and high school students. 11 (4) The use of electronic nicotine delivery sys- 12 tems, including e-cigarettes, continues to rise, with 13 the Centers for Disease Control and Prevention and 14 the Food and Drug Administration having recorded 15 a 78 percent increase in e-cigarette use among high 16 school students and 48 percent increase in e-ciga- 17 rette use among middle school students from 2017 18 to 2018. 19 (5) The most recent data finds that 3,620,000 20 middle school and high school students were current 21 e-cigarette users in 2018, an increase of 1,500,000 22 students in just one year. 23 (6) Despite a 2018 National Academies of 24 Sciences, Engineering, and Medicine report that 25 VerDate Sep 11 2014 04:34 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4019.IH H4019 kjohnson on DSK79L0C42 with BILLS 3 •HR 4019 IH found e-cigarette aerosol contained fewer toxicants 1 than combusted cigarette smoke, e-cigarettes present 2 unique health concerns for middle school and high 3 school students. 4 (7) Electronic nicotine delivery systems, includ- 5 ing e-cigarettes, can contain nicotine, a drug the 6 Surgeon General has determined is highly addictive 7 and can be harmful to the development of the ado- 8 lescent brain. 9 (8) Congress has a major policy-setting role in 10 ensuring that the use of tobacco products among mi- 11 nors is discouraged to the maximum extent possible. 12 (9) Additionally, local educational agencies 13 should be given greater flexibility to target specific 14 funding to efforts aimed at eradicating the problem 15 of the use of electronic nicotine delivery systems, in- 16 cluding e-cigarettes, as such use affects student 17 health, productivity, safety, and outcomes and im- 18 pedes a distraction-free learning environment. 19 SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED 20 NICOTINE SYSTEMS IN SCHOOLS. 21 (a) PROHIBITION.—The Pro-Children Act of 2001 22 (20 U.S.C. 7971 et seq.) is amended— 23 (1) in section 8572 (20 U.S.C. 7972), by add- 24 ing at the end the following: 25 VerDate Sep 11 2014 04:34 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4019.IH H4019 kjohnson on DSK79L0C42 with BILLS 4 •HR 4019 IH ‘‘(6) TOBACCO PRODUCT.—The term ‘tobacco 1 product’ means a tobacco product within the mean- 2 ing of the term under the Federal Food, Drug, and 3 Cosmetic Act (21 U.S.C. 301 et seq.).’’; 4 (2) in section 8573 (20 U.S.C. 7973)— 5 (A) in subsection (a), by striking ‘‘smok- 6 ing’’ and inserting ‘‘the use of any tobacco 7 product’’; 8 (B) in subsection (b)(1), by striking 9 ‘‘smoking’’ and inserting ‘‘the use of any to- 10 bacco product’’; 11 (C) in subsection (c)— 12 (i) in paragraph (1), by striking 13 ‘‘smoking’’ and inserting ‘‘the use of any 14 tobacco product’’; and 15 (ii) in paragraph (2)(A), by striking 16 ‘‘smoking’’ and inserting ‘‘the use of any 17 tobacco product’’; and 18 (D) in subsection (d)— 19 (i) by striking ‘‘NOTICE.—The’’ and 20 inserting the following: ‘‘NOTICE.— 21 ‘‘(1) IN GENERAL.—Except as provided in para- 22 graph (2), the’’; and 23 (ii) by adding at the end the fol- 24 lowing: 25 VerDate Sep 11 2014 04:34 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4019.IH H4019 kjohnson on DSK79L0C42 with BILLS 5 •HR 4019 IH ‘‘(2) RULE FOR TOBACCO PRODUCTS.—Any 1 prohibition under subsections (a) through (c) regard- 2 ing a tobacco product that was not already prohib- 3 ited, as such section was in effect on the day before 4 the date of enactment of the Smoke-Free Schools 5 Act of 2019, shall be effective 30 days after the date 6 of enactment of such Act.’’. 7 (b) CONFORMING AMENDMENTS.—The Pro-Children 8 Act of 2001 (20 U.S.C. 7971 et seq.) is amended— 9 (1) in section 8571 (20 U.S.C. 7971), by strik- 10 ing ‘‘part’’ and inserting ‘‘subpart’’; 11 (2) in section 8572 (20 U.S.C. 7972)— 12 (A) in the matter preceding paragraph (1), 13 by striking ‘‘part’’ and inserting ‘‘subpart’’; and 14 (B) in paragraph (2)(B), by striking 15 ‘‘part’’ and inserting ‘‘subpart’’; and 16 (3) in section 8574 (20 U.S.C. 7974), by strik- 17 ing ‘‘part’’ each place the term appears and insert- 18 ing ‘‘subpart’’. 19 (c) REPEAL.—The Pro-Children Act of 1994 (20 20 U.S.C. 6081 et seq.) is repealed. 21 Æ VerDate Sep 11 2014 04:34 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4019.IH H4019 kjohnson on DSK79L0C42 with BILLS