#aafth ,,congress  #b;d ,session  ,s4   
#abec  ,,an ,,act  ,to apply            
requirements relating to delivery sales 
of cigarettes to delivery sales of      
electronic nicotine delivery systems1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,preventing ,online ,sales of           
,e-,cigarettes to ,children ,act4  #b4  
,amendments to the ,jenkins ,act  7a7   
,in general ,the ,act entitled ,an ,act 
to assist ,states in collecting sales   
and use taxes on cigarettes1 approved   
,october #ai1 #aidi 7commonly known as  
the ,jenkins ,act7 7#ae ,u4,s4,c4 #cge  
et seq471 is amended-- 7#a7 in section  
#a 7#ae ,u4,s4,c4 #cge7-- 7,a7 in       
paragraph 7#b77;,a77ii7-- 7i7 by        
striking includes roll-your-own tobacco 
and inserting the following3 8includes--
  7,i7 roll-your-own tobacco  2  7ii7 in
 subclause 7,i71 as so designated1 by   
striking the period at the end and      
inserting 2 and2 and  7iii7 by adding at
 the end the following3  7,,ii7 an      

electronic nicotine delivery system4  2 
7,b7 by redesignating paragraphs 7#g7   
through 7#ad7 as paragraphs 7#h7 through
 7#ae71 respectively2 and  7,c7 by      
inserting after paragraph 7#f7 the      
following3  7#g7 ,electronic nicotine   
delivery system ,the term electronic    
nicotine delivery system-- 7,a7 means   
any electronic device that1 through an  
aerosolized solution1 delivers nicotine1
 flavor1 or any other substance to the  
user inhaling from the device2  7,b7    
includes-- 7i7 an e-cigarette2  7ii7 an 
e-hookah2  7iii7 an e-cigar2  7iv7 a    
vape pen2  7v7 an advanced refillable   
personal vaporizer2  7vi7 an electronic 
pipe2 and  7vii7 any component1 liquid1 
part1 or accessory of a device described
 in subparagraph 7,a71 without regard to
 whether the component1 liquid1 part1 or
 accessory is sold separately from the  
device2 and  7,c7 does not include a    
product that is-- 7i7 approved by the   
,food and ,drug ,administration for--   
7,i7 sale as a tobacco cessation        

product2 or  7,,ii7 any other           
therapeutic purpose2 and  7ii7 marketed 
and sold solely for a purpose described 
in clause 7i74  2 and  7#b7 in section  
#b;,a7b77#a7 7#ae ,u4,s4,c4             
#cgf;a7b77#a771 by inserting            
,,nicotine_/ after ,,cigarettes_/4  7b7 
,effective date ,this section1 and the  
amendments made by this section1 shall  
take effect on the date that is #ij days
 after the date of enactment of this    
,act4  7c7 ,rule of construction        
,nothing in this section1 or an         
amendment made by this section1 may be  
construed to affect or otherwise alter  
any provision of the ,federal ,food1    
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4
 #cja et seq471 including its           
implementing regulations4  #c4          
,nonmailability of electronic nicotine  
delivery systems  7a7 ,regulations ,not 
later than #abj days after the date of  
enactment of this ,act1 the ,united     
,states ,postal ,service shall          
promulgate regulations to clarify the   

applicability of the prohibition on     
mailing of cigarettes under section     
#agaf;,e of title #ah1 ,united ,states  
,code1 to electronic nicotine delivery  
systems1 in accordance with the         
amendment to the definition of cigarette
 made by section #b4  7b7 ,effective    
date ,the prohibition on mailing of     
cigarettes under section #agaf;,e of    
title #ah1 ,united ,states ,code1 shall 
apply to electronic nicotine delivery   
systems on and after the date on which  
the ,united ,states ,postal ,service    
promulgates regulations under subsection
 7a7 of this section4  #d4              
,understanding the impact of e-cigarette
 use by adolescents and young adults    
7a7 ,study ,the ,national ,institutes of
 ,health1 in coordination with other    
appropriate agencies1 shall conduct a   
study on the short-term and long-term   
health impacts of e-cigarette use by    
youth and young adults under #ba years  
of age1 that includes the following3    
7#a7 ,an examination of the health      

impacts of using liquids obtained from  
the legal market1 including liquids that
 may not have premarket approval from   
the ,food and ,drug ,administration1    
compared to liquids obtained illicitly4 
7#b7 ,a determination of the precise    
relationship between underage vaping and
 underage smoking1 which may include    
using national survey data1 in which the
 reporting of smoking and vaping usage  
classifications 7such as current users1 
former users1 or never users7 shall be  
integrated and not treated as separate  
or unrelated categories4  7#c7 ,a       
determination of the precise            
relationship between vaping and smoking 
among young adults1 who are #ba to #bd  
years of age1 using national survey     
data1 in which the reporting of smoking 
and vaping usage classifications 7such  
as current users1 former users1 or never
 users7 shall be integrated and not     
treated as separate or unrelated        
categories4  7#d7 ,an examination of    
e-cigarette usage data from cities1     

localities1 and ,states that have       
adopted e-cigarette product bans to     
evaluate-- 7,a7 the proportion of       
e-cigarette users in those areas who    
return to smoking combustible           
cigarettes2  7,b7 the proportion of     
e-cigarette users in those areas who    
access products from illicit markets2   
and  7,c7 the proportion of e-cigarette 
users in those areas who stop using all 
nicotine products or reduce their       
overall nicotine product use4  7#e7 ,a  
determination of the frequency of use of
 each specific and multiple tobacco     
products among high school students in  
the ,united ,states1 including-- 7,a7   
the number of high school students who  
use each specific and multiple tobacco  
products less than #bj days per month2  
and  7,b7 the number of high school     
students who use each specific and      
multiple tobacco products #bj or more   
days per month4  7#f7 ,an examination of
 the rates of underage e-cigarette use  
in cities1 localities1 and ,states that 

have adopted ,tobacco #ba laws prior to 
the date of enactment of the ,further   
,consolidated ,appropriations ,act1     
#bjbj 7,public ,law #aaf-id74  7#g7 ,an 
examination of illegal smuggling of     
tobacco products in cities1 localities1 
and ,states that have-- 7,a7 banned such
 products2  7,b7 enacted taxes on such  
products that are higher than the       
national median2 or  7,c7 enacted other 
legal restrictions on such products4    
7#h7 ,a determination of how prevalence 
estimates of tobacco use in the         
,national ,youth ,tobacco ,survey differ
 from prevalence estimates of tobacco   
use in other national surveys1 including
 the ,population ,assessment of ,tobacco
 and ,health and the ,knowledge ,panel4 
7#i7 ,a determination of the prevalence 
of the following high-risk behaviors    
among high school students1 and their   
relationship1 if any1 to vaping and     
smoking3 7,a7 ,using marijuana or       
alcohol4  7,b7 ,binge drinking4  7,c7   
,underage sexual activity4  7,d7 ,using 

an electronic device while driving4     
7,e7 ,knowingly riding in a motor       
vehicle with a driver who was recently  
drinking4  7,f7 ,seriously considering  
suicide4  7#aj7 ,an examination of the  
role flavors play in youth initiation   
and use of e-cigarettes and other       
tobacco products4  7#aa7 ,an examination
 of the risk of youth addiction to      
nicotine1 including the impact of       
e-cigarettes that use nicotine salts4   
7#ab7 ,an examination of risks to youth 
of nicotine use and exposure to harmful 
and potentially harmful constituents    
emitted from some e-cigarettes1         
including flavorings used in            
e-cigarettes4  7#ac7 ,a determination of
 a credible estimate of the difference  
in health risks between combustible     
cigarette smoking and vaping1 if a valid
 estimate can be made1 to inform tobacco
 regulation in the ,united ,states1     
taking into account-- 7,a7 the findings 
of the ,british ,royal ,college of      
,physicians in their #bjaf report1      

,nicotine without smoke3 ,tobacco harm  
reduction2  7,b7 the article entitled   
,invalidity of an ,oft-,cited ,estimate 
of the ,relative ,harms of ,electronic  
,cigarettes published in the ,american  
,journal of ,public ,health in ,february
 #bjbj2  7,c7 the findings of the       
,national ,academies of ,sciences1      
,engineering1 and ,medicine in their    
#bjah report1 ,public ,health           
,consequences of ,e-,cigarettes2  7,d7  
relevant reports and advisories of the  
,surgeon ,general2 and  7,e7 other peer 
reviewed research4  7b7 ,report  7#a7   
,in general ,not later than #a year     
after the date of enactment of this     
,act1 the ,national ,institutes of      
,health shall submit a report to        
,congress on the findings of the study  
required to be conducted under          
subsection 7a74  7#b7 ,requirement ,not 
later than #ij days after the date on   
which the report required under         
paragraph 7#a7 is submitted1 all data1  
research products1 and reports from the 

study required to be conducted under    
subsection 7a7 shall be made publicly   
available online4  7c7 ,no new funds    
authorized ,no additional funds are     
authorized to be appropriated to carry  
out this section4  ,passed the ,senate  
,july #b1 #bjbj4,secretary