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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 1253 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Online 

3 Sales of E-Cigarettes to Children Act’’. 

4 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 

5 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist 

6 States in collecting sales and use taxes on cigarettes’’, ap7 proved October 19, 1949 (commonly known as the ‘‘Jen8 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 

9 (1) in section 1 (15 U.S.C. 375)— 

10 (A) in paragraph (2)(A)(ii)— 

11 (i) by striking ‘‘includes roll-your-own 

12 tobacco’’ and inserting the following: ‘‘in13 cludes— 

14 ‘‘(I) roll-your-own tobacco’’; 

15 (ii) in subclause (I), as so designated, 

16 by striking the period at the end and in17 serting ‘‘; and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(II) an electronic nicotine deliv21 ery system.’’; 

22 (B) by redesignating paragraphs (7) 

23 through (14) as paragraphs (8) through (15), 

24 respectively; and 

25 (C) by inserting after paragraph (6) the 

26 following: 
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1 ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS2 TEM.—The term ‘electronic nicotine delivery sys3 tem’— 

4 ‘‘(A) means any electronic device that, 

5 through an aerosolized solution, delivers nico6 tine, flavor, or any other substance to the user 

7 inhaling from the device; 

8 ‘‘(B) includes— 

9 ‘‘(i) an e-cigarette; 

10 ‘‘(ii) an e-hookah; 

11 ‘‘(iii) an e-cigar; 

12 ‘‘(iv) a vape pen; 

13 ‘‘(v) an advanced refillable personal 

14 vaporizer; 

15 ‘‘(vi) an electronic pipe; and 

16 ‘‘(vii) any component, liquid, part, or 

17 accessory of a device described in subpara18 graph (A), without regard to whether the 

19 component, liquid, part, or accessory is 

20 sold separately from the device; and 

21 ‘‘(C) does not include a product that is— 

22 ‘‘(i) approved by the Food and Drug 

23 Administration for— 

24 ‘‘(I) sale as a tobacco cessation 

25 product; or 
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1 ‘‘(II) any other therapeutic pur2 pose; and 

3 ‘‘(ii) marketed and sold solely for a 

4 purpose described in clause (i).’’; and 

5 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), 

6 by inserting ‘‘NICOTINE/’’ after ‘‘CIGARETTES/ 

7 ’’. 

8 (b) EFFECTIVE DATE.—This section, and the amend9 ments made by this section, shall take effect on the date 

10 that is 90 days after the date of enactment of this Act. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion, or an amendment made by this section, may be con13 strued to affect or otherwise alter any provision of the 

14 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 

15 et seq.), including its implementing regulations. 

16 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE17 LIVERY SYSTEMS. 

18 (a) REGULATIONS.—Not later than 120 days after 

19 the date of enactment of this Act, the United States Postal 

20 Service shall promulgate regulations to clarify the applica21 bility of the prohibition on mailing of cigarettes under sec22 tion 1716E of title 18, United States Code, to electronic 

23 nicotine delivery systems, in accordance with the amend24 ment to the definition of ‘‘cigarette’’ made by section 2. 
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1 (b) EFFECTIVE DATE.—The prohibition on mailing 

2 of cigarettes under section 1716E of title 18, United 

3 States Code, shall apply to electronic nicotine delivery sys4 tems on and after the date on which the United States 

5 Postal Service promulgates regulations under subsection 

6 (a) of this section. 

7 SEC. 4. UNDERSTANDING THE IMPACT OF E-CIGARETTE 

8 USE BY ADOLESCENTS AND YOUNG ADULTS. 

9 (a) STUDY.—The National Institutes of Health, in 

10 coordination with other appropriate agencies, shall con11 duct a study on the short-term and long-term health im12 pacts of e-cigarette use by youth and young adults under 

13 21 years of age, that includes the following: 

14 (1) An examination of the health impacts of 

15 using liquids obtained from the legal market, includ16 ing liquids that may not have premarket approval 

17 from the Food and Drug Administration, compared 

18 to liquids obtained illicitly. 

19 (2) A determination of the precise relationship 

20 between underage vaping and underage smoking, 

21 which may include using national survey data, in 

22 which the reporting of smoking and vaping usage 

23 classifications (such as current users, former users, 

24 or never users) shall be integrated and not treated 

25 as separate or unrelated categories. 
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1 (3) A determination of the precise relationship 

2 between vaping and smoking among young adults, 

3 who are 21 to 24 years of age, using national survey 

4 data, in which the reporting of smoking and vaping 

5 usage classifications (such as current users, former 

6 users, or never users) shall be integrated and not 

7 treated as separate or unrelated categories. 

8 (4) An examination of e-cigarette usage data 

9 from cities, localities, and States that have adopted 

10 e-cigarette product bans to evaluate— 

11 (A) the proportion of e-cigarette users in 

12 those areas who return to smoking combustible 

13 cigarettes; 

14 (B) the proportion of e-cigarette users in 

15 those areas who access products from illicit 

16 markets; and 

17 (C) the proportion of e-cigarette users in 

18 those areas who stop using all nicotine products 

19 or reduce their overall nicotine product use. 

20 (5) A determination of the frequency of use of 

21 each specific and multiple tobacco products among 

22 high school students in the United States, includ23 ing— 
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1 (A) the number of high school students 

2 who use each specific and multiple tobacco 

3 products less than 20 days per month; and 

4 (B) the number of high school students 

5 who use each specific and multiple tobacco 

6 products 20 or more days per month. 

7 (6) An examination of the rates of underage e8 cigarette use in cities, localities, and States that 

9 have adopted Tobacco 21 laws prior to the date of 

10 enactment of the Further Consolidated Appropria11 tions Act, 2020 (Public Law 116–94). 

12 (7) An examination of illegal smuggling of to13 bacco products in cities, localities, and States that 

14 have— 

15 (A) banned such products; 

16 (B) enacted taxes on such products that 

17 are higher than the national median; or 

18 (C) enacted other legal restrictions on such 

19 products. 

20 (8) A determination of how prevalence esti21 mates of tobacco use in the National Youth Tobacco 

22 Survey differ from prevalence estimates of tobacco 

23 use in other national surveys, including the Popu24 lation Assessment of Tobacco and Health and the 

25 Knowledge Panel. 
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1 (9) A determination of the prevalence of the fol2 lowing high-risk behaviors among high school stu3 dents, and their relationship, if any, to vaping and 

4 smoking: 

5 (A) Using marijuana or alcohol. 

6 (B) Binge drinking. 

7 (C) Underage sexual activity. 

8 (D) Using an electronic device while driv9 ing. 

10 (E) Knowingly riding in a motor vehicle 

11 with a driver who was recently drinking. 

12 (F) Seriously considering suicide. 

13 (10) An examination of the role flavors play in 

14 youth initiation and use of e-cigarettes and other to15 bacco products. 

16 (11) An examination of the risk of youth addic17 tion to nicotine, including the impact of e-cigarettes 

18 that use nicotine salts. 

19 (12) An examination of risks to youth of nico20 tine use and exposure to harmful and potentially 

21 harmful constituents emitted from some e-cigarettes, 

22 including flavorings used in e-cigarettes. 

23 (13) A determination of a credible estimate of 

24 the difference in health risks between combustible 

25 cigarette smoking and vaping, if a valid estimate can 
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1 be made, to inform tobacco regulation in the United 

2 States, taking into account— 

3 (A) the findings of the British Royal Col4 lege of Physicians in their 2016 report, ‘‘Nico5 tine without smoke: Tobacco harm reduction’’; 

6 (B) the article entitled ‘‘Invalidity of an 

7 Oft-Cited Estimate of the Relative Harms of 

8 Electronic Cigarettes’’ published in the Amer9 ican Journal of Public Health in February 

10 2020; 

11 (C) the findings of the National Academies 

12 of Sciences, Engineering, and Medicine in their 

13 2018 report, ‘‘Public Health Consequences of 

14 E-Cigarettes’’; 

15 (D) relevant reports and advisories of the 

16 Surgeon General; and 

17 (E) other peer reviewed research. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the National In21 stitutes of Health shall submit a report to Congress 

22 on the findings of the study required to be con23 ducted under subsection (a). 

24 (2) REQUIREMENT.—Not later than 90 days 

25 after the date on which the report required under 
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1 paragraph (1) is submitted, all data, research prod2 ucts, and reports from the study required to be con3 ducted under subsection (a) shall be made publicly 

4 available online. 

5 (c) NO NEW FUNDS AUTHORIZED.—No additional 

6 funds are authorized to be appropriated to carry out this 

7 section. 

Passed the Senate July 2, 2020. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION S. 1253 

AN ACT 

To apply requirements relating to delivery sales of 

delivery systems, and for other purposes. cigarettes to delivery sales of electronic nicotine