[Congressional Record Volume 165, Number 168 (Wednesday, October 23, 2019)]
[Senate]
[Page S6128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1030. Mr. DURBIN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 948 proposed by Mr. 
Shelby to the bill H.R. 3055, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2020, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title VII of division B, insert 
     the following:
       Sec. __.  None of the funds provided by this Act may be 
     used by the Secretary of Health and Human Services to issue a 
     marketing order under subsection (c)(1)(A)(i) of section 910 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j) 
     or a substantial equivalence order under subsection 
     (a)(2)(A)(i) of such section 910, for any electronic nicotine 
     delivery system, including any liquid, solution, or other 
     component or part or its aerosol, that contains an artificial 
     or natural flavor (other than tobacco) that is a 
     characterizing flavor, unless the Secretary of Health and 
     Human Services issues an order finding that the manufacturer 
     has demonstrated that use of the characterizing flavor--
       (1) will increase the likelihood of smoking cessation among 
     current users of tobacco products;
       (2) will not increase the likelihood of youth initiation of 
     nicotine or tobacco products; and
       (3) will not increase the likelihood of harm to the person 
     using the characterizing flavor.
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