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