[Congressional Record Volume 161, Number 179 (Thursday, December 10, 2015)]
[Senate]
[Pages S8610-S8611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2922. Mr. McCONNELL proposed an amendment to the bill H.R. 2250, 
making appropriations for the Legislative Branch for the fiscal year 
ending September 30, 2016, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
       That the Continuing Appropriations Act, 2016 (Public Law 
     114-53) is amended by striking the date specified in section 
     106(3) and inserting ``December 16, 2015''.
       This Act may be cited as the ``Further Continuing 
     Appropriations Act, 2016''.
                                 ______
                                 
  SA 2923. Mr. McCONNELL proposed an amendment to the bill H.R. 2250, 
making appropriations for the Legislative Branch for the fiscal year 
ending September 30, 2016, and for other purposes; as follows:

       To amend the title to read:
       ``Further Continuing Appropriations Act, 2016''.
                                 ______
                                 
  SA 2924. Mr. McCONNELL (for Mr. Nelson (for himself and Ms. Ayotte)) 
proposed an amendment to the bill S. 142, to require special packaging 
for liquid nicotine containers, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Nicotine Poisoning 
     Prevention Act of 2015''.

     SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.

       (a) Requirement.--Notwithstanding section 2(f)(2) of the 
     Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and 
     section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
     2052(a)(5)), any nicotine provided in a liquid nicotine 
     container sold, offered for sale, manufactured for sale, 
     distributed in commerce, or imported into the United States 
     shall be packaged in accordance with the standards provided 
     in section 1700.15 of title 16, Code of Federal Regulations, 
     as determined through testing in accordance with the method 
     described in section 1700.20 of title 16, Code of Federal 
     Regulations, and any subsequent changes to such sections 
     adopted by the Commission.
       (b) Savings Clause.--
       (1) In general.--Nothing in this Act shall be construed to 
     limit or otherwise affect the authority of the Secretary of 
     Health and Human Services to regulate, issue guidance, or 
     take action regarding the manufacture, marketing, sale, 
     distribution, importation, or packaging, including child-
     resistant packaging, of nicotine, liquid nicotine, liquid 
     nicotine containers, electronic cigarettes, electronic 
     nicotine delivery systems or other similar products that 
     contain or dispense liquid nicotine, or any other nicotine-
     related products, including--
       (A) authority under the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention 
     and Tobacco Control Act (Public Law 111-31) and the 
     amendments made by such Act; and
       (B) authority for the rulemaking entitled ``Deeming Tobacco 
     Products to Be Subject to the Federal Food, Drug, and 
     Cosmetic Act, as Amended by the Family Smoking Prevention and 
     Tobacco Control Act; regulations on the Sale and Distribution 
     of Tobacco Products and the Required Warning Statements for 
     Tobacco Products'' (April 2014) (FDA-2014-N-0189), the 
     rulemaking entitled ``Nicotine Exposure Warnings and Child-
     Resistant Packaging for Liquid Nicotine, Nicotine-Containing 
     E-Liquid(s), and Other Tobacco Products'' (June 2015) (FDA-
     2015-N-1514), and subsequent actions by the Secretary 
     regarding packaging of liquid nicotine containers.
       (2) Consultation.--If the Secretary of Health and Human 
     Services adopts, maintains, enforces, or imposes or continues 
     in effect any packaging requirement for liquid nicotine 
     containers, including a child-resistant packaging 
     requirement, the Secretary shall consult with the Commission, 
     taking into consideration the expertise of the Commission in 
     implementing and enforcing this Act and the Poison Prevention 
     Packaging Act of 1970 (15 U.S.C. 1471 et seq.).
       (c) Applicability.--Notwithstanding section 3(a)(5) of the 
     Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) and 
     section 2(f)(2) of the Federal Hazardous Substances Act (15 
     U.S.C. 1261(f)(2)), the requirement of subsection (a) shall 
     be treated as a standard for the special packaging of a 
     household substance established under section 3(a) of the 
     Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).
       (d) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (2) Liquid nicotine container.--
       (A) In general.--Notwithstanding section 2(f)(2) of the 
     Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and 
     section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
     2052(a)(5)), the term ``liquid nicotine container'' means a 
     package (as defined in section 2 of the Poison Prevention 
     Packaging Act of 1970 (15 U.S.C. 1471))--
       (i) from which nicotine in a solution or other form is 
     accessible through normal and foreseeable use by a consumer; 
     and
       (ii) that is used to hold soluble nicotine in any 
     concentration.
       (B) Exclusion.--The term ``liquid nicotine container'' does 
     not include a sealed, pre-filled, and disposable container of 
     nicotine in a solution or other form in which such container 
     is inserted directly into an electronic cigarette, electronic 
     nicotine delivery system, or other similar product, if the 
     nicotine in the container is inaccessible through customary 
     or reasonably foreseeable handling or use, including 
     reasonably foreseeable ingestion or other contact by 
     children.
       (3) Nicotine.--The term ``nicotine'' means any form of the 
     chemical nicotine, including any salt or complex, regardless 
     of whether the chemical is naturally or synthetically 
     derived.

[[Page S8611]]

  


     SEC. 3. EFFECTIVE DATE.

       This Act shall take effect on the date that is 180 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2925. Mr. McCONNELL (for Mr. Nelson (for himself and Ms. Ayotte)) 
proposed an amendment to the bill S. 142, to require special packaging 
for liquid nicotine containers, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to require special 
     packaging for liquid nicotine containers, and for other 
     purposes.''.
                                 ______
                                 
  SA 2926. Mr. McCONNELL (for Mr. Franken (for himself and Mr. Cornyn)) 
proposed an amendment to the bill S. 993, to increase public safety by 
facilitating collaboration among the criminal justice, juvenile 
justice, veterans treatment services, mental health treatment, and 
substance abuse systems; as follows:

       On page 26, line 24, strike ``$30,000,000'' and insert 
     ``$18,000,000''.
       On page 27, line 2, strike ``20 percent'' and insert ``28 
     percent''.

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