[Congressional Record Volume 164, Number 130 (Wednesday, August 1, 2018)]
[Senate]
[Pages S5585-S5586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself and Ms. Murkowski):
  S. 3319. A bill to impose additional restrictions on tobacco flavors 
for use in e-cigarettes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3319

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stopping Appealing Flavors 
     in E-Cigarettes for Kids Act'' or the ``SAFE Kids Act''.

     SEC. 2. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO FLAVORS.

       (a) Tobacco Product Standards.--Section 907(a)(1) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g) is 
     amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Special rule for tobacco products other than 
     cigarettes.--
       ``(i) In general.--Except as provided in clause (ii), a 
     tobacco product that is not a cigarette, or any component, 
     part, or accessory of such a product, shall not contain, as a 
     constituent (including a smoke or aerosol constituent) or 
     additive, an artificial or natural flavor (other than 
     tobacco) or an herb or spice (including menthol, strawberry, 
     grape, orange, clove, cinnamon, pineapple, vanilla, coconut, 
     licorice, cocoa, chocolate, cherry, and coffee) that is a 
     characterizing flavor of the tobacco product, tobacco smoke, 
     or aerosol emitted from the product. Nothing in this 
     subparagraph shall be construed to limit the Secretary's 
     authority to take action under this section or other 
     provisions of this Act applicable to any artificial or 
     natural flavor, herb, or spice not specified in this 
     subparagraph.
       ``(ii) Exceptions.--An electronic nicotine delivery system 
     component or part shall not contain or use an artificial or 
     natural flavor (other than tobacco) that is a characterizing 
     flavor of the product or its aerosol unless the Secretary 
     issues an order finding that a manufacturer has demonstrated 
     that use of the characterizing flavor--

       ``(I) will increase the likelihood of smoking cessation 
     among current users of tobacco products;
       ``(II) will not increase the likelihood of youth initiation 
     of nicotine or tobacco products; and
       ``(III) will not increase the likelihood of harm to the 
     person using the characterizing flavor.''.

       (b) Definitions.--Section 900 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 387) is amended--
       (1) by redesignating paragraphs (8) through (22) as 
     paragraphs (9) through (23); and
       (2) by inserting after paragraph (7) the following:
       ``(8) Electronic nicotine delivery system.--The term 
     `electronic nicotine delivery system'--
       ``(A) means any electronic device that delivers nicotine, 
     flavor, or another substance via an aerosolized solution to 
     the user inhaling from the device (including e-cigarettes, e-
     hookah, e-cigars, vape pens, advanced refillable personal 
     vaporizers, and electronic pipes) and any component, liquid, 
     part, or accessory of such a device, whether or not sold 
     separately; and
       ``(B) does not include a product that--
       ``(i) is approved by the Food and Drug Administration for 
     sale as a tobacco cessation product or for another 
     therapeutic purpose; and
       ``(ii) is marketed and sold solely for a purpose described 
     in (i).''.
       (c) Conforming Amendment.--Section 9(1) of the 
     Comprehensive Smokeless Tobacco Health Education Act of 1986 
     (15 U.S.C. 4408(1)) is amended by striking ``section 
     900(18)'' and inserting ``section 900(19)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of enactment of this 
     Act.
                                 ______
                                 
      By Mr. SCHUMER (for himself and Mrs. Gillibrand):
  S. 3331. A bill to provide for an equitable management of summer 
flounder based on geographic, scientific, and economic data and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S5586]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3331

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fluke Fairness Act of 
     2018''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Summer flounder is an important economic fish stock for 
     commercial and recreational fishermen across the Northeast 
     and Mid-Atlantic United States.
       (2) The Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 
     2006 and instituted annual catch limits and accountability 
     measures for important fish stocks.
       (3) That reauthorization prompted fishery managers to look 
     at alternate management schemes to rebuild depleted stocks 
     like summer flounder.
       (4) Summer flounder occur in both State and Federal waters 
     and are managed through a joint fishery management plan 
     between the Council and the Commission.
       (5) The Council and the Commission decided that each 
     State's recreational and commercial harvest limits for summer 
     flounder would be based upon landings in previous years.
       (6) These historical landings were based on flawed data 
     sets that no longer provide fairness or flexibility for 
     fisheries managers to allocate resources based on the best 
     science.
       (7) This allocation mechanism resulted in an uneven split 
     among the States along the East Coast which is problematic.
       (8) The fishery management plan for summer flounder does 
     not account for regional changes in the location of the fluke 
     stock even though the stock has moved further to the north 
     and changes in effort by anglers along the East Coast.
       (9) The States have been locked in a management system 
     based on data that occurred over a decade ago and the summer 
     flounder stock is not being managed using the best available 
     science and modern fishery management techniques.
       (10) It is in the interest of the Federal Government to 
     establish a new fishery management plan for summer flounder 
     that is based on current geographic, scientific, and economic 
     realities.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Atlantic 
     States Marine Fisheries Commission.
       (2) Council.--The term ``Council'' means the Mid-Atlantic 
     Fishery Management Council established under section 302(a) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1852(a)).
       (3) National standards.--The term ``National Standards'' 
     means the national standards for fishery conservation and 
     management set out in section 301(a) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1851(a)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (5) Summer flounder.--The term ``summer flounder'' means 
     the species Paralichthys dentatus.

     SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.

       (a) Fishery Management Plan Modification.--Not later than 1 
     year after the date of enactment of this Act, the Council 
     shall submit to the Secretary, and the Secretary may approve, 
     a modified fishery management plan for the commercial and 
     recreational management of summer flounder under title III of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1851 et seq.) or an amendment to such plan that--
       (1) shall be based on the best scientific information 
     available;
       (2) reflects changes in the distribution, abundance, and 
     location of summer flounder in establishing distribution of 
     the commercial and recreational catch quotas;
       (3) considers regional, coastwide, or other management 
     measures for summer flounder that comply with the National 
     Standards; and
       (4) prohibits the allocation of commercial or recreational 
     catch quotas for summer flounder on a State-by-State basis 
     using historical landings data that does not reflect the 
     status of the summer flounder stock, based on the most recent 
     scientific information.
       (b) Consultation With the Commission.--In preparing the 
     modified fishery management plan or an amendment to such a 
     plan as described in subsection (a), the Council shall 
     consult with the Commission to ensure consistent management 
     throughout the range of the summer flounder.
       (c) Failure To Submit Plan.--If the Council fails to submit 
     a modified fishery management plan or an amendment to such a 
     plan as described in subsection (a) that may be approved by 
     the Secretary, the Secretary shall prepare and approve such a 
     modified plan or amendment.

     SEC. 5. REPORT.

       Not later than 1 year after the date of the approval under 
     section 4 of a modified fishery management plan for the 
     commercial and recreational management of summer flounder or 
     an amendment to such plan, the Comptroller General of the 
     United States shall submit to Congress a report on the 
     implementation of such modified plan or amendment that 
     includes an assessment of whether such implementation 
     complies with the National Standards.

                          ____________________