[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.
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