,,ii #aaeth ,,congress #b;d ,session ,s4 #cgja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #d1 #bjah ,mr4 ,hatch 7for himself and ,mr4 ,udall7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to protect and educate children about the dangers of e-cigarettes and other electronic nicotine delivery systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,smoke-,free ,schools ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,the use of tobacco among young students remains a serious health concern1 with more than #a in every #d high school students1 and approximately #a in every #ad middle school students1 reporting recently using a tobacco product4 7#b7 ,roughly #ie percent of smokers will start smoking before they are #ba years of age1 with more than #ij percent of adult smokers reporting having started when they were teens4 7#c7 ,since #bjad1 e-cigarettes and other electronic nicotine delivery systems 7commonly referred to as ,,ends7 have become the most commonly used and popular tobacco products among middle school and high school students4 7#d7 ,the use of electronic nicotine delivery systems1 including e-cigarettes1 continues to rise1 with the ,centers for ,disease ,control and ,prevention and the ,food and ,drug ,administration having recorded a #ej-percent and more than #ge-percent increase in e-cigarette use among middle school and high school students1 respectively1 from #bjag to #bjah4 7#e7 ,the most recent data finds that #c1fbj1jjj middle school and high school students were current e-cigarette users in #bjah1 an increase of #a1ejj1jjj students in just one year4 7#f7 ,despite a #bjah ,national ,academies of ,sciences1 ,engineering1 and ,medicine report that found e-cigarette aerosol contained fewer toxicants than combusted cigarette smoke1 e-cigarettes present unique health concerns for middle school and high school students4 7#g7 ,electronic nicotine delivery systems1 including e-cigarettes1 contain nicotine1 a drug the ,surgeon ,general has determined is highly addictive and can be harmful to the development of the adolescent brain4 7#h7 ,congress has a major policy-setting role in ensuring that the use of tobacco products among minors is discouraged to the maximum extent possible4 7#i7 ,additionally1 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 systems1 including e-cigarettes1 as such use affects student health1 productivity1 safety1 and outcomes and impedes a distraction-free learning environment4 #c4 ,prohibition of electronically delivered nicotine systems in schools 7a7 ,prohibition ,the ,pro-,children ,act of #bjja 7#bj ,u4,s4,c4 #giga et seq47 is amended-- 7#a7 in section #hegb 7#bj ,u4,s4,c4 #gigb71 by adding at the end the following3 7#f7 ,tobacco product ,the term tobacco product means a tobacco product within the meaning of the term under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 2 7#b7 in section #hegc 7#bj ,u4,s4,c4 #gigc7-- 7,a7 in subsection 7a71 by inserting or the use of any tobacco product after smoking2 7,b7 in subsection 7b77#a71 by inserting or the use of any tobacco product after smoking2 7,c7 in subsection 7c7-- 7i7 in paragraph 7#a71 by inserting or the use of any tobacco product after smoking2 and 7ii7 in paragraph 7#b77;,a71 by inserting or the use of any tobacco product after smoking2 and 7,d7 in subsection 7d7-- 7i7 by striking ,notice4--,the and inserting the following3 ,notice4-- 7#a7 ,in general ,except as provided in paragraph 7#b71 the 2 and 7ii7 by adding at the end the following3 7#b7 ,rule for tobacco products ,any prohibition under subsections 7a7 through 7c7 regarding a tobacco product that was not already prohibited1 as such section was in effect on the day before the date of enactment of the ,smoke-,free ,schools ,act of #bjah1 shall be effective #cj days after the date of enactment of such ,act4 4 7b7 ,conforming amendments ,the ,pro-,children ,act of #bjja 7#bj ,u4,s4,c4 #giga et seq47 is amended-- 7#a7 in section #hega 7#bj ,u4,s4,c4 #giga71 by striking part and inserting subpart2 7#b7 in section #hegb 7#bj ,u4,s4,c4 #gigb7-- 7,a7 in the matter preceding paragraph 7#a71 by striking part and inserting subpart2 and 7,b7 in paragraph 7#b77;,b71 by striking part and inserting subpart2 and 7#c7 in section #hegd 7#bj ,u4,s4,c4 #gigd71 by striking part each place the term appears and inserting subpart4 7c7 ,repeal ,the ,pro-,children ,act of #aiid 7#bj ,u4,s4,c4 #fjha et seq47 is repealed4 #d4 ,clarifying title ,,iv of ,,esea to allow schools to use funding to address e-cigarette use among students 7a7 ,safe and healthy student funding ,subpart #a of part ,a of title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaaa et seq47 is amended-- 7#a7 in section #dajb 7#bj ,u4,s4,c4 #gaab71 by adding at the end the following3 7#i7 ,tobacco product ,the term tobacco product means a tobacco product within the meaning of the term under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 2 7#b7 in section #dajd7;b77#c77;,b7 7#bj ,u4,s4,c4 #gaad7;b77#c77;,b77-- 7,a7 in clause 7iii71 by striking and after the semicolon2 and 7,b7 by adding at the end the following3 7v7 supporting local educational agencies in the reduction or elimination of the use of electronic nicotine delivery systems 7including e-cigarettes7 or other tobacco products among children in schools2 and 2 and 7#c7 in section #dajh7e77;,a7 7#bj ,u4,s4,c4 #gaah7e77;,a77-- 7,a7 in clause 7i71 by striking and after the semicolon2 7,b7 in clause 7ii71 by inserting and after the semicolon2 and 7,c7 by adding at the end the following3 7iii7 targeted efforts to reduce or eliminate the use of electronic nicotine delivery systems 7including e-cigarettes7 or other tobacco products among children in schools2 4 7b7 #bast ,century ,community ,center funding ,section #dbje7;a77#ab7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gage7 is amended by inserting 1 targeted efforts to reduce or eliminate the use of electronic nicotine delivery systems 7including e-cigarettes7 or other tobacco products 7as defined in section #dajb7 among children in schools1 before and counseling4 #e4 ,studies and reports on the use of electronic nicotine delivery systems 7a7 ,,fda studies 7#a7 ,study ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall1 in coordination with the ,secretary of ,education and the ,director of the ,centers for ,disease ,control and ,prevention1 conduct a study1 or several studies1 including all of the following topics3 7,a7 ,best practices for schools and local educational agencies to take in addressing electronic nicotine delivery systems in schools1 which may include-- 7i7 banning electronic nicotine delivery systems on school grounds2 or 7ii7 steps that can be taken by schools to educate students regarding the dangers of electronic nicotine delivery systems4 7,b7 ,gaps in knowledge of the harms of electronic nicotine delivery system use among adolescents and young adults1 including injuries and poisoning relating to electronic nicotine delivery systems4 7,c7 ,the dose-response association between electronic nicotine delivery system use and combustible tobacco smoking in adolescents and young adults1 including an assessment of the frequency and intensity of use and dependence systems for both types of products4 7,d7 ,to the extent practicable1 current efforts1 as of the date of the study1 by local educational agencies to target ,federal funding to combat electronic nicotine delivery system use in schools4 7#b7 ,consultation ,in the process of conducting any study under paragraph 7#a71 the ,secretary shall solicit input from ,state educational agencies1 local educational agencies1 consumer advocacy groups1 physicians specializing in lung disease1 addiction specialists1 or any other entity determined appropriate by the ,secretary1 after consultation with the ,secretary of ,education and the ,director of the ,centers for ,disease ,control and ,prevention4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall prepare and submit1 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 a report on each study conducted under paragraph 7#a74 ,such report shall include recommendations for such legislative and administrative actions as such ,secretary determines to be appropriate4 7b7 ,,ftc studies ,notwithstanding any other provision of law1 if the ,federal ,trade ,commission undertakes any study regarding the marketing effects of tobacco products1 the ,federal ,trade ,commission shall ensure that the study addresses the marketing effects of electronic nicotine delivery systems4 7c7 ,definitions ,in this section3 7#a7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system means any electronic nicotine delivery system1 including e-cigarettes4 7#b7 ,,esea definitions ,the terms local educational agency and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs4