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 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 


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•S 1832 IS

1 in every 4 high school students, and approximately 

2 1 in every 14 middle school students, reporting re3 cently using a tobacco product. 

4 (2) Roughly 95 percent of smokers will start 

5 smoking before they are 21 years of age, with more 

6 than 90 percent of adult smokers reporting having 

7 started when they were teens. 

8 (3) E-cigarettes and other electronic nicotine 

9 delivery systems (commonly referred to as ‘‘ENDS’’) 

10 entered the market in 2006 and, by 2014, became 

11 the most commonly used and popular tobacco prod12 ucts among middle school and high school students. 

13 (4) The use of electronic nicotine delivery sys14 tems, including e-cigarettes, continues to rise, with 

15 the Centers for Disease Control and Prevention and 

16 the Food and Drug Administration having recorded 

17 a 78-percent increase in e-cigarette use among high 

18 school students and a 48-percent increase in e-ciga19 rette use among middle school students from 2017 

20 to 2018. 

21 (5) The most recent data finds that 3,620,000 

22 middle school and high school students were current 

23 e-cigarette users in 2018, an increase of 1,500,000 

24 students in just one year. 


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1 (6) Despite a 2018 National Academies of 

2 Sciences, Engineering, and Medicine report that 

3 found e-cigarette aerosol contained fewer toxicants 

4 than combusted cigarette smoke, e-cigarettes present 

5 unique health concerns for middle school and high 

6 school students. 

7 (7) Electronic nicotine delivery systems, includ8 ing e-cigarettes, can contain nicotine, a drug the 

9 Surgeon General has determined is highly addictive 

10 and can be harmful to the development of the ado11 lescent brain. 

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

13 ensuring that the use of tobacco products among mi14 nors is discouraged to the maximum extent possible. 

15 (9) Additionally, local educational agencies 

16 should be given greater flexibility to target specific 

17 funding to efforts aimed at eradicating the problem 

18 of the use of electronic nicotine delivery systems, in19 cluding e-cigarettes, as such use affects student 

20 health, productivity, safety, and outcomes and im21 pedes a distraction-free learning environment. 

22 SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED 

23 NICOTINE SYSTEMS IN SCHOOLS. 

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

25 (20 U.S.C. 7971 et seq.) is amended— 


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1 (1) in section 8572 (20 U.S.C. 7972), by add2 ing at the end the following: 

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

4 product’ means a tobacco product within the mean5 ing of the term under the Federal Food, Drug, and 

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

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

8 (A) in subsection (a), by striking ‘‘smok9 ing’’ and inserting ‘‘the use of any tobacco 

10 product’’; 

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

12 ‘‘smoking’’ and inserting ‘‘the use of any to13 bacco product’’; 

14 (C) in subsection (c)— 

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

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

17 tobacco product’’; and 

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

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

20 tobacco product’’; and 

21 (D) in subsection (d)— 

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

23 inserting the following: ‘‘NOTICE.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

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

4 prohibition under subsections (a) through (c) regard5 ing a tobacco product that was not already prohib6 ited, as such section was in effect on the day before 

7 the date of enactment of the Smoke-Free Schools 

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

9 of enactment of such Act.’’. 

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

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

12 (1) in section 8571 (20 U.S.C. 7971), by strik13 ing ‘‘part’’ and inserting ‘‘subpart’’; 

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

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

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

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

18 ‘‘part’’ and inserting ‘‘subpart’’; and 

19 (3) in section 8574 (20 U.S.C. 7974), by strik20 ing ‘‘part’’ each place the term appears and insert21 ing ‘‘subpart’’. 

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

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

Æ 


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