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 ecigarettes and other electronic nicotine delivery systems, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smoke-Free Schools 

5 Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The use of tobacco among young students 

9 remains a serious health concern, with more than 1 

10 in every 4 high school students, and approximately 


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1 1 in every 14 middle school students, reporting re2 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 prod11 ucts among middle school and high school students. 

12 (4) The use of electronic nicotine delivery sys13 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 48 percent increase in e-ciga18 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 (6) Despite a 2018 National Academies of 

25 Sciences, Engineering, and Medicine report that 


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1 found e-cigarette aerosol contained fewer toxicants 

2 than combusted cigarette smoke, e-cigarettes present 

3 unique health concerns for middle school and high 

4 school students. 

5 (7) Electronic nicotine delivery systems, includ6 ing e-cigarettes, can contain nicotine, a drug the 

7 Surgeon General has determined is highly addictive 

8 and can be harmful to the development of the ado9 lescent brain. 

10 (8) Congress has a major policy-setting role in 

11 ensuring that the use of tobacco products among mi12 nors is discouraged to the maximum extent possible. 

13 (9) Additionally, local educational agencies 

14 should be given greater flexibility to target specific 

15 funding to efforts aimed at eradicating the problem 

16 of the use of electronic nicotine delivery systems, in17 cluding e-cigarettes, as such use affects student 

18 health, productivity, safety, and outcomes and im19 pedes a distraction-free learning environment. 

20 SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED 

21 NICOTINE SYSTEMS IN SCHOOLS. 

22 (a) PROHIBITION.—The Pro-Children Act of 2001 

23 (20 U.S.C. 7971 et seq.) is amended— 

24 (1) in section 8572 (20 U.S.C. 7972), by add25 ing at the end the following: 


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1 ‘‘(6) TOBACCO PRODUCT.—The term ‘tobacco 

2 product’ means a tobacco product within the mean3 ing of the term under the Federal Food, Drug, and 

4 Cosmetic Act (21 U.S.C. 301 et seq.).’’; 

5 (2) in section 8573 (20 U.S.C. 7973)— 

6 (A) in subsection (a), by striking ‘‘smok7 ing’’ and inserting ‘‘the use of any tobacco 

8 product’’; 

9 (B) in subsection (b)(1), by striking 

10 ‘‘smoking’’ and inserting ‘‘the use of any to11 bacco product’’; 

12 (C) in subsection (c)— 

13 (i) in paragraph (1), by striking 

14 ‘‘smoking’’ and inserting ‘‘the use of any 

15 tobacco product’’; and 

16 (ii) in paragraph (2)(A), by striking 

17 ‘‘smoking’’ and inserting ‘‘the use of any 

18 tobacco product’’; and 

19 (D) in subsection (d)— 

20 (i) by striking ‘‘NOTICE.—The’’ and 

21 inserting the following: ‘‘NOTICE.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), the’’; and 

24 (ii) by adding at the end the fol25 lowing: 


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1 ‘‘(2) RULE FOR TOBACCO PRODUCTS.—Any 

2 prohibition under subsections (a) through (c) regard3 ing a tobacco product that was not already prohib4 ited, as such section was in effect on the day before 

5 the date of enactment of the Smoke-Free Schools 

6 Act of 2019, shall be effective 30 days after the date 

7 of enactment of such Act.’’. 

8 (b) CONFORMING AMENDMENTS.—The Pro-Children 

9 Act of 2001 (20 U.S.C. 7971 et seq.) is amended— 

10 (1) in section 8571 (20 U.S.C. 7971), by strik11 ing ‘‘part’’ and inserting ‘‘subpart’’; 

12 (2) in section 8572 (20 U.S.C. 7972)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

15 (B) in paragraph (2)(B), by striking 

16 ‘‘part’’ and inserting ‘‘subpart’’; and 

17 (3) in section 8574 (20 U.S.C. 7974), by strik18 ing ‘‘part’’ each place the term appears and insert19 ing ‘‘subpart’’. 

20 (c) REPEAL.—The Pro-Children Act of 1994 (20 

21 U.S.C. 6081 et seq.) is repealed. 

Æ 


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