,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gccg ,,in ,,the ,,house ,,of ,,representatives ,december #ai1 #bjah,ms4 ,de,lauro 7for herself1 ,ms4 ,wasserman ,schultz1 ,mr4 ,raskin1 ,mr4 ,rush1 and ,mr4 ,visclosky7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,act of ,october #ai1 #aidi 7#ae ,u4,s4,c4 #cge et seq42 commonly referred to as the ,jenkins ,act71 to prevent the interstate sale and delivery of electronic cigarettes1 cigars1 and pipe tobacco to minors in violation of law4 #a4 ,short title ,this ,act may be cited as the ,stop ,tobacco ,sales to ,youth ,act of #bjah4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,tobacco products cause numerous serious diseases1 including cancer1 heart disease1 and respiratory disease1 and they contain nicotine1 a highly addictive substance4 7#b7 ,according to the ,surgeon ,general of the ,united ,states1 adolescents are particularly vulnerable to the adverse effects of nicotine1 and adolescent exposure to nicotine may have lasting adverse consequences for brain development4 7#c7 ,youth use of electronic cigarettes and hookah 7water pipe7 has risen according to the ,national ,youth ,tobacco ,survey released by the ,centers for ,disease ,control and ,prevention1 and the ,food and ,drug ,administration1 in ,april #bjae4 7#d7 ,current use of electronic cigarettes among high school students tripled from #d4e percent in #bjac to #ac4d percent in #bjad 7compared to #a4e percent in #bjaa72 approximately #b1jjj1jjj high school students currently use these products4 7#e7 ,current use of electronic cigarettes among middle school students tripled from #a4a percent in #bjac to #c4i percent in #bjad2 approximately #dej1jjj middle school students currently use these products4 7#f7 ,current use of hookah among high school students increased from #d4a percent in #bjaa to #i4d percent in #bjad4 7#g7 ,current use of cigars among high school students was #h4b percent in #bjad 7#a1bjj1jjj students74 ,current use of cigars among high school boys was #aj4h percent1 about the same rate at which they smoke cigarettes 7#aj4f percent74 7#h7 ,the sale of electronic cigarettes1 cigars1 hookah1 and other tobacco products over the ,internet1 and through mail1 fax1 or phone orders1 makes it cheaper and easier for children to obtain these products4 7#i7 ,electronic cigarettes are being marketed in ways that appeal to youth1 in the form of advertising using images that appeal to youth1 advertisements on television and the ,internet1 and sponsorships of events popular with youth1 such as concerts and sporting events4 7#aj7 ,according to a study published in ,march #bjae in the ,journal of the ,american ,medical ,association ,pediatrics1 #ic4g percent of youth participating in a study of ,internet electronic cigarette sales successfully purchased electronic cigarettes because the ,web sites lacked adequate age-verification methods4 #c4 ,amendments ,section #a of the ,act of ,october #ai1 #aidi 7#ae ,u4,s4,c4 #cge72 commonly referred to as the ,jenkins ,act71 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7 by striking and at the end2 7ii7 in clause 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 includes electronic cigarettes4 2 and 7,b7 in subparagraph 7,b7-- 7i7 in the heading by striking ,exception and inserting ,inclusions2 7ii7 by striking does not include and inserting includes2 and 7iii7 by inserting and pipe tobacco 7as defined in section #egjb of the ,internal ,revenue ,code of #aihf7 before the period at the end2 and 7#b7 by inserting after paragraph 7#f7 the following3 7#f;,a7 electronic cigarette ,the term electronic cigarette means any electronic device that delivers nicotine1 flavor1 or other substance via an aerosolized solution 7including an electronic cigarette1 cigar1 pipe1 or hookah7 to the user inhaling from the device 7including any component1 liquid1 part1 or accessory of such a device whether or not sold separately7 but excludes product that-- 7,a7 is approved by the ,food and ,drug ,administration for sale as a tobacco cessation product or for another therapeutic purpose2 and 7,b7 is marketed and sold solely for a purpose approved as described in subparagraph 7,a74 4 #d4 ,exclusions regarding ,indian ,tribes and ,tribal matters 7a7 ,in general ,nothing in this ,act or the amendments made by this ,act shall be construed to amend1 modify1 or otherwise affect-- 7#a7 any agreements1 compacts1 or other intergovernmental arrangements between any ,state or local government and any government of an ,indian tribe 7as that term is defined in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7e777 relating to the collection of taxes on cigarettes or smokeless tobacco sold in ,indian country2 7#b7 any ,state laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of ,state1 local1 or tribal taxes on cigarettes or smokeless tobacco sold in ,indian country2 7#c7 any limitations under ,federal or ,state law1 including ,federal common law and treaties1 on ,state1 local1 and tribal tax and regulatory authority with respect to the sale1 use1 or distribution of cigarettes and smokeless tobacco by or to ,indian tribes1 tribal members1 tribal enterprises1 or in ,indian country2 7#d7 any ,federal law1 including ,federal common law and treaties1 regarding ,state jurisdiction1 or lack thereof1 over any tribe1 tribal members1 tribal enterprises1 tribal reservations1 or other lands held by the ,united ,states in trust for one or more ,indian tribes2 or 7#e7 any ,state or local government authority to bring enforcement actions against persons located in ,indian country4 7b7 ,coordination of law enforcement ,nothing in this ,act or the amendments made by this ,act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more ,states or other jurisdictions1 including ,indian tribes1 through interstate compact or otherwise1 that-- 7#a7 provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products2 7#b7 provides for the seizure of tobacco products or other property related to a violation of such laws2 or 7#c7 establishes cooperative programs for the administration of such laws4 7c7 ,treatment of ,state and local governments ,nothing in this ,act or the amendments made by this ,act shall be construed to authorize1 deputize1 or commission ,states or local governments as instrumentalities of the ,united ,states4 7d7 ,enforcement within ,indian ,country ,nothing in this ,act or the amendments made by this ,act shall prohibit1 limit1 or restrict enforcement by the ,attorney ,general of the ,united ,states of this ,act or an amendment made by this ,act within ,indian country4 7e7 ,ambiguity ,any ambiguity between the language of this section or its application and any other provision of this ,act shall be resolved in favor of this section4 7f7 ,definitions ,in this section-- 7#a7 the term ,indian country has the meaning given that term in section #a of the ,act of ,october #ai1 #aidi 7#ae ,u4,s4,c4 #cge2 commonly referred to as the ,jenkins ,act71 as amended by this ,act2 and 7#b7 the term tribal enterprise means any business enterprise1 regardless of whether incorporated or unincorporated under ,federal or tribal law1 of an ,indian tribe or group of ,indian tribes4 #e4 ,severability ,if any provision of this ,act1 or any amendment made by this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of the ,act and the application of the ,act to any other person or circumstance shall not be affected thereby4 #f4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect #ij days after the date of the enactment of this ,act4