text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Stop Tobacco Sales to Youth Act of 
  2015''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds the following:
              (1) Tobacco products cause numerous serious diseases, 
          including cancer, heart disease, and respiratory disease, and 
          they contain nicotine, a highly addictive substance.
              (2) According to the Surgeon General of the United States, 
          adolescents are particularly vulnerable to the adverse effects 
          of nicotine, and adolescent exposure to nicotine may have 
          lasting adverse consequences for brain development.
              (3) Youth use of electronic cigarettes and hookah (water 
          pipe) has risen according to the National Youth Tobacco Survey 
          released by the Centers for Disease Control and Prevention, and 
          the Food and Drug Administration, in April 2015.
              (4) Current use of electronic cigarettes among high school 
          students tripled from 4.5 percent in 2013 to 13.4 percent in 
          2014 (compared to 1.5 percent in 2011); approximately 2,000,000 
          high school students currently use these products.
              (5) Current use of electronic cigarettes among middle 
          school students tripled from 1.1 percent in 2013 to 3.9 percent 
          in 2014; approximately 450,000 middle school students currently 
          use these products.
              (6) Current use of hookah among high school students 
          increased from 4.1 percent in 2011 to 9.4 percent in 2014.
              (7) Current use of cigars among high school students was 
          8.2 percent in 2014 (1,200,000 students). Current use of cigars 
          among high school boys was 10.8 percent, about the same rate at 
          which they smoke cigarettes (10.6 percent).
              (8) The sale of electronic cigarettes, cigars, hookah, and 
          other tobacco products over the Internet, and through mail, 
          fax, or phone orders, makes it cheaper and easier for children 
          to obtain these products.
              (9) Electronic cigarettes are being marketed in ways that 
          appeal to youth, in the form of advertising using images that 
          appeal to youth, advertisements on television and the Internet, 
          and sponsorships of events popular with youth, such as concerts 
          and sporting events.
              (10) According to a study published in March 2015 in the 
          Journal of the American Medical Association Pediatrics, 93.7 
          percent of youth participating in a study of Internet 
          electronic cigarette sales successfully purchased electronic 
          cigarettes because the Web sites lacked adequate age-
          verification methods.
  
  SEC. 3. AMENDMENTS.
  
      Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly 
  referred to as the ``Jenkins Act''), is amended--
              (1) in paragraph (2)--
                      (A) in subparagraph (A)--
                              (i) in clause (i) by striking ``and'' at 
                          the end,
                              (ii) in clause (ii) by striking the period 
                          at the end and inserting ``; and'', and
                              (iii) by adding at the end the following:
                              ``(iii) includes electronic cigarettes.'', 
                          and
                      (B) in subparagraph (B)--
                              (i) in the heading by striking 
                          ``Exception'' and inserting ``Inclusions'',
                              (ii) by striking ``does not include'' and 
                          inserting ``includes'', and
                              (iii) by inserting ``and pipe tobacco (as 
                          defined in section 5702 of the Internal Revenue 
                          Code of 1986)'' before the period at the end, 
                          and
              (2) by inserting after paragraph (6) the following:
              ``(6A) Electronic cigarette.--The term `electronic 
          cigarette' means any electronic device that delivers nicotine, 
          flavor, or other substance via an aerosolized solution 
          (including an electronic cigarette, cigar, pipe, or hookah) to 
          the user inhaling from the device (including any component, 
          liquid, part, or accessory of such a device whether or not sold 
          separately) but excludes product that--
                      ``(A) is approved by the Food and Drug 
                  Administration for sale as a tobacco cessation product 
                  or for another therapeutic purpose; and
                      ``(B) is marketed and sold solely for a purpose 
                  approved as described in subparagraph (A).''.
  
  SEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS.
  
      (a) In General.--Nothing in this Act or the amendments made by this 
  Act shall be construed to amend, modify, or otherwise affect--
              (1) any agreements, compacts, or other intergovernmental 
          arrangements between any State or local government and any 
          government of an Indian tribe (as that term is defined in 
          section 4(e) of the Indian Self-Determination and Education 
          Assistance Act (25 U.S.C. 450b(e))) relating to the collection 
          of taxes on cigarettes or smokeless tobacco sold in Indian 
          country;
              (2) any State laws that authorize or otherwise pertain to 
          any such intergovernmental arrangements or create special rules 
          or procedures for the collection of State, local, or tribal 
          taxes on cigarettes or smokeless tobacco sold in Indian 
          country;
              (3) any limitations under Federal or State law, including 
          Federal common law and treaties, on State, local, and tribal 
          tax and regulatory authority with respect to the sale, use, or 
          distribution of cigarettes and smokeless tobacco by or to 
          Indian tribes, tribal members, tribal enterprises, or in Indian 
          country;
              (4) any Federal law, including Federal common law and 
          treaties, regarding State jurisdiction, or lack thereof, over 
          any tribe, tribal members, tribal enterprises, tribal 
          reservations, or other lands held by the United States in trust 
          for one or more Indian tribes; or
              (5) any State or local government authority to bring 
          enforcement actions against persons located in Indian country.
      (b) 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 jurisdictions, including Indian tribes, through interstate 
  compact or otherwise, that--
              (1) provides for the administration of tobacco product laws 
          or laws pertaining to interstate sales or other sales of 
          tobacco products;
              (2) provides for the seizure of tobacco products or other 
          property related to a violation of such laws; or
              (3) establishes cooperative programs for the administration 
          of such laws.
      (c) Treatment of State and Local Governments.--Nothing in this Act 
  or the amendments made by this Act shall be construed to authorize, 
  deputize, or commission States or local governments as 
  instrumentalities of the United States.
      (d) Enforcement Within Indian Country.--Nothing in this Act or the 
  amendments made by this Act shall prohibit, limit, or restrict 
  enforcement by the Attorney General of the United States of this Act or 
  an amendment made by this Act within Indian country.
      (e) 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 section.
      (f) Definitions.--In this section--
              (1) the term ``Indian country'' has the meaning given that 
          term in section 1 of the Act of October 19, 1949 (15 U.S.C. 
          375; commonly referred to as the ``Jenkins Act''), as amended 
          by this Act; and
              (2) the term ``tribal enterprise'' means any business 
          enterprise, regardless of whether incorporated or 
          unincorporated under Federal or tribal law, of an Indian tribe 
          or group of Indian tribes.
  
  SEC. 5. SEVERABILITY.
  
      If any provision of this Act, or any amendment made by this Act, or 
  the application thereof to any person or circumstance, is held invalid, 
  the remainder of the Act and the application of the Act to any other 
  person or circumstance shall not be affected thereby.
  
  SEC. 6. EFFECTIVE DATE.
  
      This Act, and the amendments made by this Act, shall take effect 90 
  days after the date of the enactment of this Act.
target: Stop Tobacco Sales to Youth Act of 2015 Amends the Jenkins Act to include within the definition of &quot;cigarette&quot; electronic cigarettes, cigars, and pipe tobacco. Defines &quot;electronic cigarette&quot; to mean any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device, excluding any product that: (1) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (2) is marketed and sold solely for such a therapeutic purpose. Makes specified exceptions with respect to Indian tribes and tribal matters.    
feat_title: Stop Tobacco Sales to Youth Act of 2015