[Congressional Record Volume 165, Number 170 (Monday, October 28, 2019)]
[House]
[Pages H8491-H8493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1630
        PREVENTING ONLINE SALES OF E-CIGARETTES TO CHILDREN ACT

  Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3942) to apply requirements relating to delivery sales of 
cigarettes to delivery sales of electronic nicotine delivery systems, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3942

       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 ``Preventing Online Sales of 
     E-Cigarettes to Children Act''.

     SEC. 2. AMENDMENTS TO THE JENKINS ACT.

       (a) In General.--The Act entitled ``An Act to assist States 
     in collecting sales and use taxes on cigarettes'', approved 
     October 19, 1949 (commonly known as the ``Jenkins Act'') (15 
     U.S.C. 375 et seq.), is amended--
       (1) in section 1 (15 U.S.C. 375)--
       (A) in paragraph (2)(A)(ii)--
       (i) by striking ``includes roll-your-own tobacco'' and 
     inserting the following: ``includes--

       ``(I) roll-your-own tobacco'';

       (ii) in subclause (I), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (iii) by adding at the end the following:

       ``(II) an electronic nicotine delivery system.'';

       (B) by redesignating paragraphs (7) through (14) as 
     paragraphs (8) through (15), respectively; and
       (C) by inserting after paragraph (6) the following:
       ``(7) Electronic nicotine delivery system.--The term 
     `electronic nicotine delivery system'-- 
       ``(A) means any electronic device that, through an 
     aerosolized solution, delivers nicotine, flavor, or any other 
     substance to the user inhaling from the device;
       ``(B) includes--
       ``(i) an e-cigarette;
       ``(ii) an e-hookah;
       ``(iii) an e-cigar;
       ``(iv) a vape pen;
       ``(v) an advanced refillable personal vaporizer;
       ``(vi) an electronic pipe; and
       ``(vii) any component, liquid, part, or accessory of a 
     device described in subparagraph (A), without regard to 
     whether the component, liquid, part, or accessory is sold 
     separately from the device; and
       ``(C) does not include a product that is--
       ``(i) approved by the Food and Drug Administration for--

       ``(I) sale as a tobacco cessation product; or
       ``(II) any other therapeutic purpose; and

       ``(ii) marketed and sold solely for a purpose described in 
     clause (i).''; and
       (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by 
     inserting ``NICOTINE/'' after ``CIGARETTES/''.
       (b) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 90 
     days after the date of enactment of this Act.

     SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY 
                   SYSTEMS.

       (a) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the United States Postal Service shall 
     promulgate regulations to clarify the applicability of the 
     prohibition on mailing of cigarettes under section 1716E of 
     title 18, United States Code, to electronic nicotine delivery 
     systems, in accordance with the amendment to the definition 
     of ``cigarette'' made by section 2.
       (b) Effective Date.--The prohibition on mailing of 
     cigarettes under section 1716E of title 18, United States 
     Code, shall apply to electronic nicotine delivery systems on 
     and after the date on which the United States Postal Service 
     promulgates regulations under subsection (a) of this section.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Bass) and the gentleman from North Dakota (Mr. 
Armstrong) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.

[[Page H8492]]

  

  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3942, the Preventing Online Sales of E-Cigarettes 
to Children Act, is an important bill to protect our young people. I 
applaud the gentlewoman from Connecticut (Ms. DeLauro) for taking the 
lead on this issue and introducing this bipartisan legislation.
  This bill addresses a very serious public health crisis in our 
country, one which is tragically affecting our children. Since last 
summer, a mysterious and severe pulmonary disease associated with the 
use of e-cigarettes and the practice of vaping has sickened over 1,000 
mostly young and otherwise healthy people, 18 of whom have died.
  Public health advocates place the blame for this crisis on the 
aggressive marketing of vaping products that appeal to kids, including 
e-liquids with fruit, bubble gum, or even cotton candy flavors in 
packaging that features superhero or cartoon characters. Advocates also 
cite the mushrooming popularity of USB flash drive-like e-cigarettes, 
which have a high nicotine content, appealing flavors, and can easily 
be concealed.
  Evidence of the attractiveness of these products to young people is 
reflected in some staggering statistics. According to the 2018 National 
Youth Tobacco Survey, between 2017 and 2018 there was a 78 percent 
increase in e-cigarette use among high school students and a 48 percent 
increase among middle school students. H.R. 3942 will play an important 
role in addressing this crisis.
  Congress regulates the sales of tobacco products via interstate 
shipment through the 1949 Jenkins Act. In 2010, Congress extended the 
Jenkins Act to regulate delivery sales of tobacco products over the 
internet through the Prevent All Cigarette Trafficking Act, or PACT 
Act.
  Among other things, the PACT Act curbed internet sales of cigarettes 
to underage people by encouraging and requiring that delivery agents 
check identification in person when the product is delivered.
  H.R. 3942 amends current law to curb online sales of e-cigarettes to 
minors. It amends the definition of ``cigarette'' to extend to any 
electronic nicotine delivery system, which includes e-cigarettes, vape 
pens, and other electronic devices.
  A violation of the provisions of the Jenkins Act is a Federal felony, 
punishable by up to 3 years in prison. Amending current law to extend 
these protections to e-cigarettes is the right thing to do.
  Mr. Speaker, I urge my colleagues to join me in supporting this 
important bill, and I reserve the balance of my time.

                                         House of Representatives,


                            Committee on Oversight and Reform,

                                 Washington, DC, October 28, 2019.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning H.R. 
     3942, the Preventing Online Sales of E-Cigarettes to Children 
     Act. There are certain provisions in the legislation which 
     fall within the Rule X jurisdiction of the Committee on 
     Oversight and Reform.
       In the interest of permitting your Committee to proceed 
     expeditiously on this bill, I am willing to waive this 
     Committee's right to sequential referral. I do so with the 
     understanding that by waiving consideration of the bill, the 
     Committee on Oversight and Reform does not waive any future 
     jurisdictional claim over the subject matters contained in 
     the bill which fall within its Rule X jurisdiction. I request 
     that you urge the Speaker to name Members of this Committee 
     to any conference committee which is named to consider such 
     provisions.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our respective 
     Committees.
           Sincerely,
                                               Carolyn B. Maloney,
                                                Acting Chairwoman.

  Mr. ARMSTRONG. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 3942, the Preventing 
Online Sales of E-Cigarettes to Children Act.
  This bill can be summarized in this way: If minors can't buy e-
cigarettes in a store, they shouldn't be able to buy e-cigarettes 
online.
  Today, anyone who purchases alcohol or tobacco at a brick-and-mortar 
retail store is subject to age verification requirements. Online 
retailers of alcohol must also verify a purchaser's age to ensure the 
sales comply with State and Federal law. However, online retailers of 
e-cigarettes are exempted from verifying the age of their customers.
  When the PACT Act was passed in 2010, it did a great job of curbing 
youth smoking. Unfortunately, e-cigarettes were not in existence yet.
  This loophole exists at a time when youth vaping is at epidemic 
levels. Today, one in five high school students is using e-cigarettes. 
Kids can have e-cigarettes delivered right to their door without 
requiring an adult signature.
  Teen vaping rates have doubled since 2017, and over 3 million minors 
used e-cigarettes last year. The lack of age verification requirements 
is hurting kids.
  The Preventing Online Sales of E-Cigarettes to Children Act would 
require age verification upon delivery of online purchases of e-
cigarettes and other vapor products. It closes the online delivery 
loophole and will prevent the underage purchase of e-cigarettes online.
  This bill has a broad coalition of support.
  I thank Representative Rosa DeLauro for her partnership on this 
legislation to protect the next generation, as well as House Judiciary 
Committee Ranking Member Doug Collins.
  This bill also has bipartisan support in the Senate, with Senators 
Dianne Feinstein, John Cornyn, and Chris Van Hollen all on board.
  Patient advocacy organizations like the American Cancer Society 
Cancer Action Network and the American Lung Association also support 
this legislation.
  Business and trade associations like the National Association of 
Convenience Stores, the Petroleum Marketer Association of America, and 
the Convenience Distribution Association all also support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BASS. Mr. Speaker, I notice that there are a number of young 
people who are in the gallery, so I am hoping that they pay close 
attention to this debate since it is all about you guys.
  The SPEAKER pro tempore. The Chair would remind Members to avoid 
referencing occupants of the gallery.
  Ms. BASS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Florida (Ms. Mucarsel-Powell).
  Ms. MUCARSEL-POWELL. Mr. Speaker, today I rise in support of H.R. 
3942, the Preventing Online Sales of E-Cigarettes to Children Act.
  The spread of e-cigarettes is a public health crisis. I have had 
multiple conversations with parents who are seeing their children 
become addicted to tobacco products, and, as a mom, I refuse to stand 
idly by as a new generation of children become addicted to this 
substance.
  We have seen multiple deaths from the use of vaping products and 
several hundred lung disease cases in Florida alone. Approximately 
5,600 kids in Florida are becoming new daily smokers each year. This is 
affecting children regardless of ZIP Code or income level.
  For years, e-cigarette companies have targeted our children using 
specialty flavors like cotton candy and made their products easy to 
purchase online without any age verification.
  We have the responsibility to do everything we can to keep this 
addictive substance out of the hands of our kids, including requiring 
online and in-person verification for e-cigarette purchases.
  The health of our Nation's children is at risk because of e-
cigarettes and vaping products. The time to act is now.
  Mr. ARMSTRONG. Mr. Speaker, I reserve the balance of my time.
  Ms. BASS. Mr. Speaker, H.R. 3942 is an important measure to address a 
threat to the health of our children and young people.
  For the reasons discussed here today, I urge my colleagues to join me 
in supporting this bipartisan legislation, and I reserve the balance of 
my time.
  Mr. ARMSTRONG. Mr. Speaker, I have a 12-year-old daughter; I have a 
9-year-old son. There are schools across the country that are removing 
doors on bathroom stalls and banning hoodies. Teen vaping and youth 
vaping is a real

[[Page H8493]]

issue. This bill is a small step forward to start canceling that.
  At its simplest, this bill works to modernize Federal law to treat e-
cigarettes the same as any other nicotine product, and that is a good 
thing.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BASS. Mr. Speaker, I urge my colleagues to join me in supporting 
this bipartisan legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Bass) that the House suspend the rules 
and pass the bill, H.R. 3942, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________