[Congressional Record Volume 166, Number 40 (Friday, February 28, 2020)]
[House]
[Pages H1257-H1286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            REVERSING THE YOUTH TOBACCO EPIDEMIC ACT OF 2019


                             General Leave

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and add extraneous material on H.R. 2339, the Protecting 
American Lungs and Reversing the Youth Tobacco Epidemic Act of 2019.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Madam Speaker, pursuant to House Resolution 866, I call 
up the bill (H.R. 2339) to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the sale and marketing of tobacco products, and for 
other purposes, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 866, in lieu of 
the amendment in the nature of a substitute recommended by the 
Committee on Energy and Commerce printed in the bill, an amendment in 
the nature of a substitute consisting of the text of Rules Committee 
Print 116-51, modified by the amendment printed in House Report 116-
409, is adopted and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 2339

       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 ``Protecting American Lungs 
     and Reversing the Youth Tobacco Epidemic Act of 2020''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                 TITLE I--FOOD AND DRUG ADMINISTRATION

Sec. 101. Cigarette graphic health warnings.
Sec. 102. Advertising and sales parity for all deemed tobacco products.

[[Page H1258]]

Sec. 103. Reducing child and adolescent nicotine addiction.
Sec. 104. Prohibition against remote retail sales.
Sec. 105. Fees applicable to all tobacco products.
Sec. 106. Regulation of products containing alternative nicotine.
Sec. 107. Update to youth tobacco prevention public awareness 
              campaigns.
Sec. 108. Exemption from premarket review of certain tobacco products.
Sec. 109. Public education.
Sec. 110. Regulations for recordkeeping concerning tracking and 
              tracing.

                   TITLE II--FEDERAL TRADE COMMISSION

Sec. 201. Advertising of tobacco products.

                   TITLE III--PUBLIC HEALTH PROGRAMS

Sec. 301. Outreach to medically underserved communities.
Sec. 302. Demonstration grant program to develop strategies for smoking 
              cessation in medically underserved communities.
Sec. 303. Public awareness, education, and prevention campaign.
Sec. 304. Tobacco cessation treatment grants to health centers.
Sec. 305. Grants for research.

     TITLE IV--NICOTINE OR VAPING ACCESS PROTECTION AND ENFORCEMENT

Sec. 401. Increasing civil penalties applicable to certain violations 
              of restrictions on sale and distribution of tobacco 
              products.
Sec. 402. Study and report on e-cigarettes.

          TITLE V--EXCISE TAX ON NICOTINE USED IN VAPING, ETC.

Sec. 501. Imposition of tax on nicotine for use in vaping, etc.

                  TITLE VI--FURTHER HEALTH INVESTMENTS

Sec. 601. Waiving Medicare coinsurance for colorectal cancer screening 
              tests.
Sec. 602. Safe harbor for high deductible health plans without 
              deductible for certain inhalers.

                 TITLE I--FOOD AND DRUG ADMINISTRATION

     SEC. 101. CIGARETTE GRAPHIC HEALTH WARNINGS.

       (a) Issuance Deadlines.--Not later than March 15, 2020, the 
     Secretary of Health and Human Services, acting through the 
     Commissioner of Food and Drugs, shall publish a final rule 
     pursuant to section 4(d) of the Federal Cigarette Labeling 
     and Advertising Act (15 U.S.C. 1333(d)). If the Secretary 
     fails to promulgate such final rule by March 15, 2020, then 
     the proposed rule titled ``Tobacco Products; Required 
     Warnings for Cigarette Packages and Advertisements'' 
     published by the Food and Drug Administration on August 16, 
     2019 (84 Fed. Reg. 42754) shall be treated as a final rule 
     beginning on March 16, 2020.
       (b) Conforming Change.--The first section 4(d) of the 
     Federal Cigarette Labeling and Advertising Act (15 U.S.C. 
     1333(d)) (relating to graphic labeling statements) is amended 
     by striking ``Not later than 24 months after the date of 
     enactment of the Family Smoking Prevention and Tobacco 
     Control Act, the Secretary'' and inserting ``The Secretary''.

     SEC. 102. ADVERTISING AND SALES PARITY FOR ALL DEEMED TOBACCO 
                   PRODUCTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs, 
     shall promulgate a final rule amending part 1140 of 
     subchapter K of title 21, Code of Federal Regulations, to 
     apply the provisions of such part 1140 to all tobacco 
     products, as applicable, to which chapter IX of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 387a et seq.) applies 
     pursuant to section 901(b) of such Act (21 U.S.C. 387a(b)), 
     as amended by section 103(a) of this Act.
       (b) Effective Date.--The final rule required by subsection 
     (a) shall take effect on the date that is 2 years after the 
     date of enactment of this Act.

     SEC. 103. REDUCING CHILD AND ADOLESCENT NICOTINE ADDICTION.

       (a) Applicability to All Tobacco Products.--
       (1) In general.--Subsection (b) of section 901 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a) is 
     amended to read as follows:
       ``(b) Applicability.--This chapter shall apply to all 
     tobacco products.''.
       (2) Rule of construction.--Paragraph (1) and the amendment 
     made thereby shall not be construed to limit the 
     applicability of chapter IX of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387a et seq.) to--
       (A) products that were listed in section 901(b) of such Act 
     as in effect on the day before the date of enactment of this 
     Act; and
       (B) products that were deemed by regulation to be subject 
     to such chapter pursuant to section 901(b) of such Act as in 
     effect on the day before the date of enactment of this Act.
       (b) Prohibiting Flavoring of Tobacco Products.--
       (1) Prohibition.--
       (A) In general.--Subparagraph (A) of section 907(a)(1) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     387g(a)(1)) is amended to read as follows:
       ``(A) Special rules.--
       ``(i) In general.--Beginning on the date that is 1 year 
     after the date of enactment of the Protecting American Lungs 
     and Reversing the Youth Tobacco Epidemic Act of 2020, a 
     tobacco product (including its components, parts, and 
     accessories, including the tobacco, filter, or paper) that is 
     not an electronic nicotine delivery system shall not contain, 
     as a constituent (including a smoke constituent) or additive, 
     an artificial or natural flavor (other than tobacco) that is 
     a characterizing flavor of the tobacco product or tobacco 
     smoke or an herb or spice, including menthol, mint, mango, 
     strawberry, grape, orange, clove, cinnamon, pineapple, 
     vanilla, coconut, licorice, cocoa, chocolate, cherry, or 
     coffee.
       ``(ii) Rule of construction.--Nothing in this subparagraph 
     shall be construed to limit the Secretary's authority to take 
     action under this section or other sections of this Act 
     applicable to any artificial or natural flavor, herb, or 
     spice.
       ``(iii) Applicability to certain individuals.--
     Notwithstanding any provision of this Act, no individual who 
     purchases for individual consumption, possesses for 
     individual consumption, or consumes, a tobacco product that 
     is in violation of the prohibition under this subparagraph, 
     including a tobacco product that contains a characterizing 
     flavor of menthol, shall be subject to any criminal penalty 
     under this Act for such purchase, possession, or consumption, 
     nor shall such purchase, possession, or consumption be used 
     as a justification to stop, search, or conduct any other 
     investigative measure against any individual.''.
       (B) Savings provision.--Section 907(a)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 387g(a)(1)), as in 
     effect on the date of enactment of this Act, shall remain in 
     effect until the amendment made to such section 907(a)(1) by 
     this paragraph takes effect.
       (2) Flavored electronic nicotine delivery system.--Section 
     910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     387j) is amended by inserting at the end the following:
       ``(h) Flavored Electronic Nicotine Delivery Systems.--
       ``(1) Restriction.--Beginning on the date that is 30 days 
     after the date of enactment of the Protecting American Lungs 
     and Reversing the Youth Tobacco Epidemic Act of 2020, any 
     flavored electronic nicotine delivery system that is a new 
     tobacco product, including any solution or other component or 
     part (such as a liquid or its aerosol) shall not contain an 
     artificial or natural flavor (other than tobacco) that is a 
     characterizing flavor, including menthol, mint, mango, 
     strawberry, grape, orange, clove, cinnamon, pineapple, 
     vanilla, coconut, licorice, cocoa, chocolate, cherry, or 
     coffee, unless the Secretary has issued a marketing order as 
     described in paragraph (2). Nothing in this paragraph shall 
     be construed to limit the Secretary's authority to take 
     action under this section or other sections of this Act 
     applicable to any artificial or natural flavor, herb, or 
     spice.
       ``(2) Review.--The Secretary shall not issue a marketing 
     order under subsection (c)(1)(A)(i) or a substantial 
     equivalence order under subsection (a)(2)(A)(i) 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 issues 
     an order finding that the manufacturer has demonstrated 
     that--
       ``(A) use of the characterizing flavor--
       ``(i) will significantly increase the likelihood of smoking 
     cessation among current users of tobacco products; and
       ``(ii) will not increase the likelihood that individuals 
     who do not use tobacco products, including youth, will start 
     using any tobacco product, including an electronic nicotine 
     delivery system; and
       ``(B) such electronic nicotine delivery system is not more 
     harmful to users than an electronic nicotine delivery system 
     that does not contain any characterizing flavors.''.
       (3) Definition of electronic nicotine delivery system.--
     Section 900 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 387) is amended--
       (A) by redesignating paragraphs (8) through (22) as 
     paragraphs (9) through (23), respectively; and
       (B) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Electronic nicotine delivery system.--The term 
     `electronic nicotine delivery system' means a tobacco product 
     that is an 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.''.
       (4) Limitation on enforcement.--A law enforcement officer 
     of a State or political subdivision thereof may not enforce 
     (including by making any stop, search, seizure, or arrest or 
     by pursuing any prosecution, trial, or punishment) any 
     provision of section 907(a)(1)(A) or 910(h) of the Federal 
     Food, Drug, and Cosmetic Act, as amended and added by this 
     subsection.

     SEC. 104. PROHIBITION AGAINST REMOTE RETAIL SALES.

       (a) In General.--Paragraph (4) of section 906(d) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is 
     amended to read as follows:
       ``(4) Prohibition against remote retail sales.--
       ``(A) Prohibition.--Not later than 18 months after the date 
     of enactment of the Protecting American Lungs and Reversing 
     the Youth Tobacco Epidemic Act of 2020, the Secretary shall 
     promulgate a final regulation prohibiting the retail sale of 
     all tobacco products other than retail sales through a 
     direct, face-to-face exchange between a retailer and a 
     consumer.
       ``(B) Exception for certain cigar tobacco products.--
       ``(i) Exception.--The regulation required by subparagraph 
     (A) shall not apply to tobacco products described in section 
     910(a)(2)(A)(iii).
       ``(ii) Applicable requirements.--Not later than 18 months 
     after the date of enactment of the Protecting American Lungs 
     and Reversing

[[Page H1259]]

     the Youth Tobacco Epidemic Act of 2020, the Secretary shall 
     promulgate regulations regarding the sale and distribution of 
     tobacco products described in section 910(a)(2)(A)(iii) that 
     occur through means other than a direct, face-to-face 
     exchange between a retailer and a consumer in order to 
     prevent the sale and distribution of tobacco products 
     described in section 910(a)(2)(A)(iii) to individuals who 
     have not attained the minimum age established by applicable 
     law for the purchase of such products, including requirements 
     for age verification.
       ``(C) Relation to other authority.--Nothing in this 
     paragraph--
       ``(i) limits the authority of the Secretary to take 
     additional actions under other provisions of this Act; or
       ``(ii) preempts the authority of a State or local 
     government to establish restrictions on the retail sale of 
     tobacco products that are in addition to, or more stringent 
     than, the prohibition under subparagraph (A).''.
       (b) Applicability.--Section 906(d)(4) of the Federal Food, 
     Drug, and Cosmetic Act, as in effect on the day before the 
     date of enactment of this Act, shall continue to apply until 
     the effective date of the regulations required by section 
     906(d)(4) of such Act, as amended by subsection (a).

     SEC. 105. FEES APPLICABLE TO ALL TOBACCO PRODUCTS.

       (a) Increase in Total Amount.--Section 919(b)(1) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)(1)) 
     is amended by striking subparagraph (K) and inserting the 
     following subparagraphs:
       ``(K) For fiscal years 2019 and 2020, $712,000,000.
       ``(L) For fiscal year 2021, $812,000,000.
       ``(M) For each subsequent fiscal year, the amount that was 
     applicable for the previous fiscal year, increased by the 
     total percentage change that occurred in the Consumer Price 
     Index for all urban consumers (all items; United States city 
     average) for the 12-month period ending June 30 preceding the 
     fiscal year.''.
       (b) Applicability.--
       (1) Fiscal years 2020 and 2021.--Except as amended by 
     subsection (a), for fiscal years 2020 and 2021, section 919 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s) 
     shall apply as in effect on the day before the date of 
     enactment of this Act.
       (2) Subsequent fiscal years.--The amendments made by 
     subsections (c) through (f) apply beginning with fiscal year 
     2022.
       (c) Allocations of Assessment by Class of Tobacco 
     Products.--Paragraph (2) of section 919(b) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended 
     to read as follows:
       ``(2) Allocations of assessment by class of tobacco 
     products.--
       ``(A) In general.--The total user fees assessed and 
     collected under subsection (a) each fiscal year (beginning 
     with fiscal year 2022) with respect to each class of tobacco 
     products to which this chapter applies shall be an amount 
     that is equal to the applicable percentage of each class for 
     the fiscal year multiplied by the amount specified in 
     paragraph (1) for the fiscal year.
       ``(B) Applicable percentage.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     applicable percentage for a fiscal year for each class of 
     tobacco product shall be the percentage determined by 
     dividing--

       ``(I) the product of the gross domestic volume of the class 
     multiplied by the tax rate applicable to the class under 
     section 5701 of the Internal Revenue Code of 1986; and
       ``(II) the sum of the products determined under subclause 
     (I) for all classes of tobacco products.

       ``(ii) Definition.--For purposes of clause (i), the term 
     `gross domestic volume' means the volume of tobacco 
     products--

       ``(I) removed (as defined by section 5702 of the Internal 
     Revenue Code of 1986); and
       ``(II) not exempt from tax under chapter 52 of the Internal 
     Revenue Code of 1986 at the time of their removal under that 
     chapter or the Harmonized Tariff Schedule of the United 
     States (19 U.S.C. 1202).''.

       (d) Allocation of Assessment Within Each Class of Tobacco 
     Product.--Section 919(b)(4) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387s(b)(4)) is amended by striking 
     ``shall be the percentage determined for purposes of 
     allocations under subsections (e) through (h) of section 625 
     of Public Law 108-357'' and inserting ``shall be allocated on 
     a pro rata basis among the manufacturers and importers of 
     each class of tobacco products to which this chapter applies 
     based on the percentage share of each manufacturer's or 
     importer's share of gross domestic volume within such class 
     on a quarterly basis, based on data for the second preceding 
     quarter''.
       (e) Other Amendments.--Section 919(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended--
       (1) by striking paragraph (5);
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively; and
       (3) by amending paragraph (6), as redesignated, to read as 
     follows:
       ``(6) Memorandum of understanding; reporting.--
       ``(A) Transfer of information.--The Secretary shall request 
     the appropriate Federal agency to enter into a memorandum of 
     understanding that provides for the regular and timely 
     transfer from the head of such agency to the Secretary of all 
     necessary information regarding all tobacco product 
     manufacturers and importers required to pay user fees. The 
     Secretary shall maintain all disclosure restrictions 
     established by the head of such agency regarding the 
     information provided under the memorandum of understanding.
       ``(B) Reporting.--
       ``(i) Manufacturer reporting.--The Secretary may require 
     the manufacturers and importers of each class of tobacco 
     products to which this chapter applies to submit such 
     information, by such time, and in such manner, as the 
     Secretary determines to be necessary to implement this 
     section.
       ``(ii) Reports to congress.--For fiscal year 2020 and each 
     subsequent fiscal year for which fees are collected under 
     this section, the Secretary shall, not later than 120 days 
     after the end of the respective fiscal year, submit to the 
     Congress financial and performance reports with respect to 
     such fees.''.
       (f) Prohibited Act.--Section 301(q)(1)(B) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 331(q)(1)(B)) is 
     amended by inserting ``919(b)(6)(B),'' before ``or 920''.

     SEC. 106. REGULATION OF PRODUCTS CONTAINING ALTERNATIVE 
                   NICOTINE.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs, 
     shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, issue an interim final rule providing for the 
     regulation of products containing alternative nicotine under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.); and
       (2) not later than 2 years after such date of enactment, 
     issue a final rule providing for such regulation.
       (b) Alternative Nicotine.--In this section, the term 
     ``alternative nicotine'' means nicotine that is not made or 
     derived from tobacco plants and may include nicotine that is 
     chemically synthesized, synthesized from recombinant genetic 
     technology, or extracted from non-tobacco plants.

     SEC. 107. UPDATE TO YOUTH TOBACCO PREVENTION PUBLIC AWARENESS 
                   CAMPAIGNS.

       (a) In General.--The Secretary of Health and Human Services 
     shall--
       (1) review all public health awareness campaigns of the 
     Department of Health and Human Services designed to educate 
     at-risk individuals about the harmful effects of tobacco use, 
     including the use of e-cigarettes and other electronic 
     nicotine delivery systems; and
       (2) as applicable, modify such campaigns to include 
     awareness and education materials designed for individuals 
     who are 18 to 21 years of age.
       (b) Consultation.--In carrying out subsection (a), the 
     Secretary of Health and Human Services may consult with 
     medical and public health associations and nonprofit 
     organizations.

     SEC. 108. EXEMPTION FROM PREMARKET REVIEW OF CERTAIN TOBACCO 
                   PRODUCTS.

       (a) In General.--Section 910(a)(2) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 387j(a)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i)(II), by striking ``or'';
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(iii) subject to subparagraph (C), for the period 
     beginning on the date of the enactment of the Protecting 
     American Lungs and Reversing the Youth Tobacco Epidemic Act 
     of 2020 and ending on September 30, 2028, the tobacco product 
     is a cigar and--

       ``(I) is wrapped in whole tobacco leaf;
       ``(II) contains a 100-percent leaf tobacco binder;
       ``(III) contains primarily long filler tobacco;
       ``(IV) does not have a characterizing flavor other than 
     tobacco;
       ``(V) weighs more than 6 pounds per 1000 units;
       ``(VI) has no filter, tip, or non-tobacco mouthpiece;
       ``(VII)(aa) is made by combining manually the wrapper, 
     filler, and binder and is capped by hand; or
       ``(bb) has a homogenized tobacco leaf binder and is made in 
     the United States using human hands to lay the 100-percent 
     leaf tobacco binder onto only one machine that bunches, 
     wraps, and caps each individual cigar; and
       ``(VIII) has a retail price (after discounts or coupons) 
     per cigar of no less than--

       ``(aa) for calendar years 2019 and 2020, $12; and
       ``(bb) for each subsequent calendar year, $12 multiplied by 
     any percent increase in the Consumer Price Index for all 
     urban consumers (all items; U.S. city average) since calendar 
     year 2020.''; and
       (2) by adding at the end the following:
       ``(C) Determination of applicability.--
       ``(i) In general.--The Secretary shall, notwithstanding 
     subparagraph (A)(iii) or any determination of substantial 
     equivalence, if any of the conditions specified in clause 
     (ii) are met--

       ``(I) withdraw any exemption applicable to a tobacco 
     product or products described in such subparagraph;
       ``(II) require that applications for review under this 
     section be submitted with respect to such product or 
     products; and
       ``(III) require that manufacturers may only market such 
     tobacco product after the issuance of an order under 
     subsection (c)(1)(A)(i) with respect to such product or 
     products.

       ``(ii) Conditions.--The conditions specified in this clause 
     are that--

       ``(I) the Secretary determines that the use of a tobacco 
     product or products described in subparagraph (A)(iii) has 
     resulted in an emerging public health threat;
       ``(II) data from a National Youth Tobacco Survey (or 
     successor survey) conducted after the date of the enactment 
     of the Protecting American Lungs and Reversing the Youth 
     Tobacco Epidemic Act of 2020 identifies a rise in youth usage 
     of tobacco products described in section 910(a)(2)(A)(iii); 
     or
       ``(III) the Secretary determines that a tobacco product or 
     products no longer meets the criteria specified in such 
     subparagraph.''.

[[Page H1260]]

       (b) National Academies Study and Report.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs, 
     shall enter into an agreement with the National Academies of 
     Sciences, Engineering, and Medicine under which the National 
     Academies shall conduct a study on--
       (A) the public health impact of having tobacco products 
     described in subsection (a)(2)(A)(iii) of section 910 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j), as 
     amended by subsection (a), exempt from premarket review under 
     such section;
       (B) the youth usage of such tobacco products; and
       (C) the market share of such products.
       (2) Report.--The agreement under paragraph (1) shall 
     include a requirement that the National Academies of 
     Sciences, Engineering, and Medicine submit to Congress, not 
     later than December 31, 2026, a report on the findings of the 
     study conducted under such paragraph.

     SEC. 109. PUBLIC EDUCATION.

       Section 906 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 387f) is amended by adding at the end the following:
       ``(g) Education on Tobacco Products.--
       ``(1) In general.--Beginning not later than 6 months after 
     the date of the enactment of the Protecting American Lungs 
     and Reversing the Youth Tobacco Epidemic Act of 2020, the 
     Secretary of Health and Human Services, acting through the 
     Commissioner of Food and Drugs and in consultation with the 
     Surgeon General of the Public Health Service, shall provide 
     educational materials for health care providers, members of 
     the public, and law enforcement officials, regarding--
       ``(A) the authority of the Food and Drug Administration 
     with respect to the regulation of tobacco products (including 
     enforcement of such regulation);
       ``(B) the general processes of the Food and Drug 
     Administration for enforcing restrictions on the manufacture 
     and sale of tobacco products;
       ``(C) the general enforcement actions the Food and Drug 
     Administration may take to implement the prohibition on 
     characterizing flavors in tobacco products under section 
     907(a)(1);
       ``(D) the public health impact of tobacco products with 
     characterizing flavors; and
       ``(E) other information as the Secretary determines 
     appropriate.
       ``(2) Content.--Educational materials provided under 
     paragraph (1) may include--
       ``(A) explanations of key statutory and regulatory terms, 
     including the terms `tobacco product', `component parts', 
     `accessories', `constituent', `additive', `tobacco product 
     manufacturer', and `characterizing flavor';
       ``(B) an explanation of the Food and Drug Administration's 
     jurisdiction to regulate tobacco products, including tobacco 
     products with characterizing flavors under section 907(a)(1);
       ``(C) general educational information related to 
     enforcement tools and processes used by the Food and Drug 
     Administration for violations of the prohibition specified in 
     section 907(a)(1);
       ``(D) information on the health effects of using tobacco 
     products, including those with the characterizing flavors 
     referred to in section 907(a)(1); and
       ``(E) information on resources available related to smoking 
     cessation.
       ``(3) Format.--Educational materials provided under 
     paragraph (1) may be--
       ``(A) published in any format, including an internet 
     website, video, fact sheet, infographic, webinar, or other 
     format, as the Secretary determines is appropriate and 
     applicable; and
       ``(B) tailored for the unique needs of health care 
     providers, members of the public, law enforcement officers, 
     and other audiences, as the Secretary determines appropriate.
       ``(4) Funding.--To carry out this subsection, there is 
     authorized to be appropriated, and there is appropriated, out 
     of any funds in the Treasury not otherwise appropriated, 
     $5,000,000 for each of fiscal years 2021 through 2025. Funds 
     made available by the preceding sentence to carry out this 
     subsection shall be in addition to funds that are derived 
     from fees under section 919 and are otherwise made available 
     to carry out this chapter.''.

     SEC. 110. REGULATIONS FOR RECORDKEEPING CONCERNING TRACKING 
                   AND TRACING.

       The Secretary of Health and Human Services, acting through 
     the Commissioner of Food and Drugs, shall promulgate the 
     regulations required by section 920(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 387t) in accordance with 
     the following schedule:
       (1) Not later than 1 year after the date of enactment of 
     this Act, the Secretary shall issue proposed regulations.
       (2) Not later than 2 years after the date of enactment of 
     this Act, the Secretary shall promulgate final regulations.

                   TITLE II--FEDERAL TRADE COMMISSION

     SEC. 201. ADVERTISING OF TOBACCO PRODUCTS.

       (a) Advertising of Electronic Nicotine Delivery Systems.--
       (1) In general.--It shall be unlawful--
       (A) to market, advertise, or promote any electronic 
     nicotine delivery system in a manner that appeals to an 
     individual under 21 years of age; or
       (B) to market, advertise, promote, or endorse, or to 
     compensate any person for the marketing, advertising, 
     promotion, or endorsement of, any electronic nicotine 
     delivery system without clearly disclosing that the 
     communication is an advertisement, unless the communication 
     is unambiguously identifiable as an advertisement.
       (2) Enforcement by commission.--
       (A) Unfair or deceptive acts or practices.--A violation of 
     paragraph (1) shall be treated as a violation of a regulation 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts 
     or practices.
       (B) Powers of commission.--The Commission shall enforce 
     paragraph (1) in the same manner, by the same means, and with 
     the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this Act. Any person who violates such 
     paragraph shall be subject to the penalties and entitled to 
     the privileges and immunities provided in the Federal Trade 
     Commission Act.
       (3) Enforcement by state attorneys general.--
       (A) In general.--If the attorney general of a State has 
     reason to believe a violation of paragraph (1) has occurred 
     or is occurring, the attorney general, in addition to any 
     authority the attorney general may have to bring an action in 
     State court under the law of the State, may bring a civil 
     action in any court of competent jurisdiction to--
       (i) enjoin further such violation by the defendant;
       (ii) enforce compliance with such paragraph;
       (iii) obtain civil penalties in the same amount as may be 
     obtained by the Commission in a civil action under section 
     5(m) of the Federal Trade Commission Act (15 U.S.C. 45(m)); 
     or
       (iv) obtain damages, restitution, or other compensation on 
     behalf of residents of the State.
       (B) Notice.--Before filing an action under subparagraph 
     (A), the attorney general of a State shall provide to the 
     Commission a written notice of such action and a copy of the 
     complaint for such action. If the attorney general determines 
     that it is not feasible to provide the notice described in 
     this subparagraph before the filing of the action, the 
     attorney general shall provide written notice of the action 
     and a copy of the complaint to the Commission immediately 
     upon the filing of the action.
       (C) Authority of federal trade commission.--
       (i) In general.--On receiving notice under subparagraph (B) 
     of an action under subparagraph (A), the Commission shall 
     have the right--

       (I) to intervene in the action;
       (II) upon so intervening, to be heard on all matters 
     arising therein; and
       (III) to file petitions for appeal.

       (ii) Limitation on state action while federal action is 
     pending.--If the Commission has instituted a civil action for 
     violation of paragraph (1) (referred to in this clause as the 
     ``Federal action''), no attorney general of a State may bring 
     an action under subparagraph (A) during the pendency of the 
     Federal action against any defendant named in the complaint 
     in the Federal action for any violation of such paragraph 
     alleged in such complaint.
       (D) Relationship with state-law claims.--
       (i) Preservation of state-law claims.--Nothing in this 
     section shall prevent the attorney general of a State from 
     bringing an action under State law for acts or practices that 
     also violate paragraph (1).
       (ii) Assertion in same civil action.--If the attorney 
     general of a State has authority to bring an action under 
     State law for acts or practices that also violate paragraph 
     (1), the attorney general may assert the State-law claim and 
     the claim for violation of such paragraph in the same civil 
     action.
       (E) Actions by other state officials.--In addition to civil 
     actions brought by attorneys general under subparagraph (A), 
     any other consumer protection officer of a State who is 
     authorized by the State to do so may bring a civil action 
     under such subparagraph, subject to the same requirements and 
     limitations that apply under this paragraph to civil actions 
     brought by attorneys general.
       (4) Rulemaking authority.--The Commission may promulgate 
     regulations under section 553 of title 5, United States Code, 
     to implement paragraph (1).
       (b) Report to Congress on Tobacco Product Advertising.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and annually thereafter, the 
     Commission shall submit to Congress a report relating to each 
     category of products described in paragraph (2) (or a single 
     report a portion of which relates to each such category) that 
     contains the following:
       (A) Information on domestic sales and advertising and 
     promotional activity by the manufacturers that have the 
     largest market shares of the product category.
       (B) Such recommendations for legislation as the Commission 
     may consider appropriate.
       (2) Product categories described.--The categories of 
     products described in this paragraph are the following:
       (A) Cigarettes.
       (B) Cigars.
       (C) Smokeless tobacco.
       (D) Electronic nicotine delivery systems.
       (c) Preservation of Authority.--Nothing in this section may 
     be construed in any way to limit the Commission's authority 
     under any other provision of law.
       (d) Definitions.--In this section:
       (1) Cigar.--The term ``cigar'' means a tobacco product 
     that--
       (A) is not a cigarette; and
       (B) is a roll of tobacco wrapped in leaf tobacco or any 
     substance containing tobacco.
       (2) Cigarette.--The term ``cigarette'' has the meaning 
     given such term in section 900 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387).
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Electronic nicotine delivery system.--The term 
     ``electronic nicotine delivery system''

[[Page H1261]]

     means a tobacco product that is an 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.
       (5) Endorse.--The term ``endorse'' means to communicate an 
     advertising message (including a verbal statement, 
     demonstration, or depiction of the name, signature, likeness, 
     or other identifying personal characteristics of an 
     individual or the name or seal of an organization) that 
     consumers are likely to believe reflects the opinions, 
     beliefs, findings, or experiences of a party other than the 
     sponsoring advertiser, even if the views expressed by such 
     party are identical to those of the sponsoring advertiser.
       (6) Nicotine.--The term ``nicotine'' has the meaning given 
     such term in section 900 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 387).
       (7) Smokeless tobacco.--The term ``smokeless tobacco'' has 
     the meaning given such term in section 900 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 387).
       (8) Tobacco product.--The term ``tobacco product'' has the 
     meaning given such term in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).

                   TITLE III--PUBLIC HEALTH PROGRAMS

     SEC. 301. OUTREACH TO MEDICALLY UNDERSERVED COMMUNITIES.

       Section 399V of the Public Health Service Act (42 U.S.C. 
     280g-11) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) to educate and provide guidance to medically 
     underserved communities, particularly racial and ethnic 
     minority populations, regarding effective evidence-based 
     strategies--
       ``(A) to prevent tobacco, e-cigarette, and nicotine 
     addiction, including among youth; and
       ``(B) for smoking cessation, including cessation of the use 
     of menthol-flavored tobacco products, and the cessation of 
     the use of e-cigarettes and electronic nicotine delivery 
     systems;'';
       (2) in subsection (d)(1)(B), by inserting ``, including 
     chronic diseases related to and caused by tobacco use'' after 
     ``diseases''; and
       (3) in subsection (j), by striking ``are authorized to be 
     appropriated, such sums as may be necessary to carry out this 
     section for each of fiscal years 2010 through 2014'' and 
     inserting ``is authorized to be appropriated, and there is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, $75,000,000 to carry out this section for each 
     of fiscal years 2021 through 2025''.

     SEC. 302. DEMONSTRATION GRANT PROGRAM TO DEVELOP STRATEGIES 
                   FOR SMOKING CESSATION IN MEDICALLY UNDERSERVED 
                   COMMUNITIES.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     317U (42 U.S.C. 247b-23) the following:

     ``SEC. 317V. DEMONSTRATION GRANT PROGRAM TO DEVELOP 
                   STRATEGIES FOR SMOKING CESSATION IN MEDICALLY 
                   UNDERSERVED COMMUNITIES.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall establish a demonstration program to award grants to, 
     or contract with, State, local, or Tribal public health 
     departments to support--
       ``(1) the development of improved evidence-based strategies 
     for smoking cessation, including cessation of the use of 
     menthol-flavored tobacco products, and the cessation of the 
     use of e-cigarettes and electronic nicotine delivery systems, 
     for populations in medically underserved communities, 
     particularly racial and ethnic minority populations;
       ``(2) the development of improved communication and 
     outreach tools to reach populations in medically underserved 
     communities, particularly racial and ethnic minority 
     populations, addicted to tobacco products, including e-
     cigarettes and menthol-flavored tobacco products; and
       ``(3) improved coordination, access, and referrals to 
     services for tobacco cessation and the cessation of the use 
     of e-cigarettes and electronic nicotine delivery systems, 
     including tobacco cessation products approved by the Food and 
     Drug Administration and mental health and counseling 
     services.
       ``(b) Application.--To be eligible to receive a grant under 
     subsection (a), a State, local, or Tribal public health 
     department shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated, and there is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, $75,000,000 for each of fiscal years 2021 
     through 2025.''.

     SEC. 303. PUBLIC AWARENESS, EDUCATION, AND PREVENTION 
                   CAMPAIGN.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.), as amended by section 302, is further 
     amended by inserting after section 317V the following new 
     section:

     ``SEC. 317W. PUBLIC AWARENESS, EDUCATION, AND PREVENTION 
                   CAMPAIGN REGARDING TOBACCO.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention 
     and in consultation with the Surgeon General of the Public 
     Health Service, shall develop and implement a national 
     campaign to educate youth and young adults, parents, 
     clinicians, health professionals, and others about the harms 
     associated with the use by youth and young adults of tobacco 
     products, including e-cigarettes.
       ``(b) Requirements.--The campaign under this section 
     shall--
       ``(1) be an evidence-based media and public engagement 
     initiative;
       ``(2) be carried out through competitively bid contracts;
       ``(3) include the development of culturally and 
     linguistically competent resources that may be tailored for 
     communities with high rates of youth tobacco use;
       ``(4) be complementary to, and coordinated with, any other 
     Federal efforts; and
       ``(5) include message testing to identify culturally and 
     linguistically competent and effective messages for 
     behavioral change.
       ``(c) Optional Components.--The campaign under this section 
     may include--
       ``(1) the use of--
       ``(A) television, radio, print, the internet, and other 
     commercial marketing venues; and
       ``(B) in-person public communications; and
       ``(2) the award of grants to State, local, and Tribal 
     public health departments to encourage partnerships with 
     community organizations and health care providers to develop 
     and deliver evidence-based strategies to prevent youth 
     tobacco use.
       ``(d) Funding.--To carry out this section, there is 
     authorized to be appropriated, and there is appropriated, out 
     of any funds in the Treasury not otherwise appropriated, 
     $45,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. 304. TOBACCO CESSATION TREATMENT GRANTS TO HEALTH 
                   CENTERS.

       (a) In General.--Section 330 of the Public Health Service 
     Act (42 U.S.C. 254b) is amended--
       (1) by redesignating subsections (k) through (r) as 
     subsections (l) through (s), respectively; and
       (2) by adding after subsection (j) the following new 
     subsection:
       ``(k) Tobacco Cessation Grants.--
       ``(1) In general.--The Secretary may award grants to health 
     centers to provide comprehensive tobacco cessation treatment, 
     including counseling and tobacco cessation therapies.
       ``(2) Funding.--For the purpose of carrying out this 
     subsection, in addition to other amounts available for such 
     purpose, there is authorized to be appropriated, and there is 
     appropriated, out of funds in the Treasury not otherwise 
     appropriated, $125,000,000 for each of fiscal years 2021 
     through 2025.''.
       (b) Conforming Changes.--Section 330 of the Public Health 
     Service Act (42 U.S.C. 254b) is amended--
       (1) in subsection (c)(3)(B), by striking ``(k)(3)(J)'' and 
     inserting ``(l)(3)(J)'';
       (2) in subsection (e)(1)(B), by striking ``(k)(3)'' each 
     place it appears and inserting ``(l)(3)'';
       (3) in subsection (l)(3)(H), as redesignated, by striking 
     ``or (p)'' and inserting ``or (q)'';
       (4) in subsection (m), as redesignated--
       (A) by striking ``(k)(3)'' and inserting ``(l)(3)''; and
       (B) by striking ``(m)'' and inserting ``(n)'';
       (5) in subsection (q), as redesignated, by striking 
     ``(k)(3)(G)'' and inserting ``(l)(3)(G)'';
       (6) in subsection (s)(2)(A), as redesignated--
       (A) by striking ``(k)(3)'' and inserting ``(l)(3)''; and
       (B) by striking ``(k)(3)(H)'' and inserting ``(l)(3)(H)''; 
     and
       (7) in subsection (s)(3)(I), as redesignated, by striking 
     ``(q)(4)'' and inserting ``(r)(4)''.
       (c) Technical Corrections.--
       (1) Section 330(h)(5)(B) of the Public Health Service Act 
     (42 U.S.C. 254b(h)(5)(B)) is amended by striking ``substance 
     abuse'' each place it appears and inserting ``substance use 
     disorder''.
       (2) Subclause (II) of subsection (l)(3)(E)(i), as 
     redesignated, of section 330 of the Public Health Service Act 
     (42 U.S.C. 254b) is amended by moving the indentation 2 ems 
     to the left.

     SEC. 305. GRANTS FOR RESEARCH.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 399V-7. GRANTS FOR RESEARCH ON PREVENTION, AND 
                   CESSATION, OF THE USE OF TOBACCO PRODUCTS.

       ``(a) In General.--The Secretary shall award grants to 
     support--
       ``(1) research to develop and improve effective strategies 
     for prevention, and cessation, of the use of tobacco 
     products, including--
       ``(A) cessation of the use of flavored combustible 
     cigarettes, including menthol-flavored cigarettes;
       ``(B) cessation of the use of e-cigarette products; and
       ``(C) prevention and cessation strategies targeted toward 
     youth; and
       ``(2) research to aid in the development of safe and 
     effective tobacco cessation therapies, including therapies 
     appropriate for populations under the age of 18.
       ``(b) Funding.--To carry out this section, there is 
     authorized to be appropriated, and there is appropriated, out 
     of any funds in the Treasury not otherwise appropriated, 
     $75,000,000 for each of fiscal years 2021 through 2025.''.

     TITLE IV--NICOTINE OR VAPING ACCESS PROTECTION AND ENFORCEMENT

     SEC. 401. INCREASING CIVIL PENALTIES APPLICABLE TO CERTAIN 
                   VIOLATIONS OF RESTRICTIONS ON SALE AND 
                   DISTRIBUTION OF TOBACCO PRODUCTS.

       (a) Penalties.--Subparagraph (A) of section 103(q)(2) of 
     the Family Smoking Prevention and Tobacco Control Act (21 
     U.S.C. 333 note) is amended to read as follows:
       ``(A) In general.--The amount of the civil penalty to be 
     applied for violations of restrictions promulgated under 
     section 906(d), as described in paragraph (1), shall be as 
     follows:
       ``(i) With respect to a retailer with an approved training 
     program, the amount of the civil penalty shall not exceed--

[[Page H1262]]

       ``(I) in the case of the first violation, $0, together with 
     the issuance of a warning letter to the retailer;
       ``(II) in the case of a second violation within a 12-month 
     period, $500;
       ``(III) in the case of a third violation within a 24-month 
     period, $1,000;
       ``(IV) in the case of a fourth violation within a 24-month 
     period, $4,000;
       ``(V) in the case of a fifth violation within a 36-month 
     period, $10,000; and
       ``(VI) in the case of a sixth or subsequent violation 
     within a 48-month period, $20,000 as determined by the 
     Secretary on a case-by-case basis.

       ``(ii) With respect to a retailer that does not have an 
     approved training program, the amount of the civil penalty 
     shall not exceed--

       ``(I) in the case of the first violation, $500;
       ``(II) in the case of a second violation within a 12-month 
     period, $1,000;
       ``(III) in the case of a third violation within a 24-month 
     period, $2,000;
       ``(IV) in the case of a fourth violation within a 24-month 
     period, $4,000;
       ``(V) in the case of a fifth violation within a 36-month 
     period, $10,000; and
       ``(VI) in the case of a sixth or subsequent violation 
     within a 48-month period, $20,000 as determined by the 
     Secretary on a case-by-case basis.''.

       (b) Applicability.--The amendment made by subsection (a) 
     applies with respect to a violation of a restriction 
     promulgated under section 906(d)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), as described 
     in section 103(q)(1) of the Family Smoking Prevention and 
     Tobacco Control Act (21 U.S.C. 333 note), occurring on or 
     after the day that is 6 months after the date of enactment of 
     this Act. The penalties specified in section 103(q)(2)(A) of 
     the Family Smoking Prevention and Tobacco Control Act (21 
     U.S.C. 333 note), as in effect on the day before the date of 
     enactment of this Act, shall continue to apply to violations 
     occurring before the day specified in the preceding sentence.

     SEC. 402. STUDY AND REPORT ON E-CIGARETTES.

       Not later than 5 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) complete a study on--
       (A) the relationship of e-cigarettes to tobacco cessation;
       (B) the perception of the harmful effects of e-cigarettes; 
     and
       (C) the effects of secondhand exposure to smoke from e-
     cigarettes; and
       (2) submit to the Congress a report on the results of such 
     study, including recommendations based on such results.

          TITLE V--EXCISE TAX ON NICOTINE USED IN VAPING, ETC.

     SEC. 501. IMPOSITION OF TAX ON NICOTINE FOR USE IN VAPING, 
                   ETC.

       (a) In General.--Section 5701 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsection (h) as 
     subsection (i) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) Nicotine.--On taxable nicotine, manufactured in or 
     imported into the United States, there shall be imposed a tax 
     equal to the dollar amount specified in section 5701(b)(1) 
     (or, if greater, $50.33) per 1,810 milligrams of nicotine 
     (and a proportionate tax at the like rate on any fractional 
     part thereof).''.
       (b) Taxable Nicotine.--Section 5702 of such Code is amended 
     by adding at the end the following new subsection:
       ``(q) Taxable Nicotine.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the term `taxable nicotine' means any nicotine 
     which has been extracted, concentrated, or synthesized.
       ``(2) Exception for products approved by food and drug 
     administration.--Such term shall not include any nicotine if 
     the manufacturer or importer thereof demonstrates to the 
     satisfaction of the Secretary of Health and Human Services 
     that such nicotine will be used in--
       ``(A) a drug--
       ``(i) that is approved under section 505 of the Federal 
     Food, Drug, and Cosmetic Act or licensed under section 351 of 
     the Public Health Service Act; or
       ``(ii) for which an investigational use exemption has been 
     authorized under section 505(i) of the Federal Food, Drug, 
     and Cosmetic Act or under section 351(a) of the Public Health 
     Service Act; or
       ``(B) a combination product (as described in section 503(g) 
     of the Federal Food, Drug, and Cosmetic Act), the constituent 
     parts of which were approved or cleared under section 505, 
     510(k), or 515 of such Act.
       ``(3) Coordination with taxation of other tobacco 
     products.--Cigars, cigarettes, smokeless tobacco, pipe 
     tobacco, and roll-your-own tobacco shall not be treated as 
     containing taxable nicotine solely because the nicotine 
     naturally occurring in the tobacco from which such product is 
     manufactured has been concentrated during the ordinary course 
     of manufacturing.''.
       (c) Taxable Nicotine Treated as a Tobacco Product.--Section 
     5702(c) of such Code is amended by striking ``and roll-your-
     own tobacco'' and inserting ``roll-your-own tobacco, and 
     taxable nicotine''.
       (d) Manufacturer of Taxable Nicotine.--Section 5702 of such 
     Code, as amended by subsection (b), is further amended by 
     adding at the end the following new subsection:
       ``(r) Manufacturer of Taxable Nicotine.--
       ``(1) In general.--Any person who extracts, concentrates, 
     or synthesizes nicotine shall be treated as a manufacturer of 
     taxable nicotine (and as manufacturing such taxable 
     nicotine).
       ``(2) Application of rules related to manufacturers of 
     tobacco products.--Any reference to a manufacturer of tobacco 
     products, or to manufacturing tobacco products, shall be 
     treated as including a reference to a manufacturer of taxable 
     nicotine, or to manufacturing taxable nicotine, 
     respectively.''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to articles manufactured or imported in calendar 
     quarters beginning more than 90 days after the date of the 
     enactment of this Act.
       (2) Transition rule for permit and bond requirements.--A 
     person which is lawfully engaged in business as a 
     manufacturer or importer of taxable nicotine (within the 
     meaning of subchapter A of chapter 52 of the Internal Revenue 
     Code of 1986, as amended by this section) on the date of the 
     enactment of this Act, first becomes subject to the 
     requirements of subchapter B of chapter 52 of such Code by 
     reason of the amendments made by this section, and submits an 
     application under such subchapter B to engage in such 
     business not later than 90 days after the date of the 
     enactment of this Act, shall not be denied the right to carry 
     on such business by reason of such requirements before final 
     action on such application.

                  TITLE VI--FURTHER HEALTH INVESTMENTS

     SEC. 601. WAIVING MEDICARE COINSURANCE FOR COLORECTAL CANCER 
                   SCREENING TESTS.

       Section 1833(a) of the Social Security Act (42 U.S.C. 
     1395l(a)) is amended--
       (1) in the second sentence, by striking ``section 1834(0)'' 
     and inserting ``section 1834(o)'';
       (2) by moving such second sentence 2 ems to the left; and
       (3) by inserting the following third sentence following 
     such second sentence: ``For services furnished on or after 
     January 1, 2024, paragraph (1)(Y) shall apply with respect to 
     a colorectal cancer screening test regardless of the code 
     that is billed for the establishment of a diagnosis as a 
     result of the test, or for the removal of tissue or other 
     matter or other procedure that is furnished in connection 
     with, as a result of, and in the same clinical encounter as 
     the screening test.''.

     SEC. 602. SAFE HARBOR FOR HIGH DEDUCTIBLE HEALTH PLANS 
                   WITHOUT DEDUCTIBLE FOR CERTAIN INHALERS.

       (a) In General.--Section 223(c)(2)(C) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``for preventive care'' and inserting ``for 
     one or more of the following:
       ``(i) Preventive care'', and
       (2) by adding at the end the following new clause:
       ``(ii) Inhalers or nebulizers for treatment of any chronic 
     lung disease (and any medicine or drug which is delivered 
     through such inhaler or nebulizer for treatment of such 
     disease).''.
       (b) Conforming Amendment.--The heading for section 
     223(c)(2)(C) of such Code is amended by striking ``preventive 
     care deductible'' and inserting ``certain deductibles''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
90 minutes equally divided and controlled by the chair and the ranking 
minority member of the Committee on Energy and Commerce and the 
Committee on Ways and Means.
  The gentleman from New Jersey (Mr. Pallone), the gentleman from 
Oregon (Mr. Walden), the gentleman from Massachusetts (Mr. Neal), and 
the gentleman from Texas (Mr. Brady) each will control 22\1/2\ minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I am pleased to speak in support of H.R. 2339. This 
bill provides a comprehensive approach to address the youth tobacco 
epidemic that has unfolded before our eyes in recent years.
  The numbers are disturbing. About 6.2 million American middle and 
high school students used some type of tobacco product last year, and 
one in every three high school students have used a tobacco product in 
the last 30 days. These numbers should alarm us all, especially as we 
have worked so hard and invested so much to ensure the next generation 
doesn't face the same type of tobacco-related disease and death as 
those that have preceded them.
  It is clear the tobacco industry has employed the same tactics that 
they have used for decades to hook young people on new versions of 
their products in order to generate new customers that will be addicted 
for life. E-cigarette manufacturers like Juul have used slick product 
designs, glossy advisements, and sweet flavors to appeal to kids. The 
rapid rise of products like these have reversed the progress we have 
made in slowing youth tobacco use.
  In fact, the Centers for Disease Control and Prevention found that e-
cigarette use by high school students has increased by 78 percent 
between 2017

[[Page H1263]]

and 2018. Young people have said that kid-friendly flavors like bubble 
gum, chocolate, cotton candy, and mango are the driving force behind 
why they say they began using e-cigarettes in the first place.
  There is also evidence that kids perceive flavored tobacco products 
to be less harmful than nonflavored alternatives. And flavors mask the 
harshness and flavor of the tobacco, causing young and adult smokers to 
smoke more, not less.
  But e-cigarettes are not the only contributor to the youth tobacco 
epidemic. Research has shown that menthol-flavored cigarettes have 
contributed to the increased number of young people smoking. In 2019, 
nearly half of middle and high school students who were currently 
smoking used menthol cigarettes.
  Congressional action is necessary today because President Trump broke 
his promise to clear the market of flavored e-cigarettes. The 
administration's proposal created giant loopholes, leaving a myriad of 
disposable and open tank e-cigarette systems on the market that 
continue to attract kids, as well as menthol-flavored products.
  While it is important for us to increase the minimum age to purchase 
tobacco products from age 18 to 21, which we did, the surge in youth 
tobacco usage cannot be reversed just by increasing the age alone. In 
order to fully combat this crisis, we need a multipronged approach that 
tackles all of the reasons and ways that kids are using these products, 
and H.R. 2339 is the solution that we need.
  This bill prohibits all flavors that are so popular among kids. It 
updates and extends existing marketing and advertising restrictions for 
combustible tobacco products to all tobacco products, including e-
cigarettes. It restricts the purchase of most tobacco products to only 
face-to-face settings and makes it explicitly unlawful to market, 
advertise, or promote any e-cigarette product to individuals under the 
age of 21. It also invests $2 billion in Federal resources in cessation 
support prevention in medically underserved populations, including 
racial and ethnic minorities, supplying tobacco cessation therapies and 
counseling in community health centers, and funding new strategies for 
cessation of menthol tobacco products.
  We are proud to have the support of more than 100 organizations, 
including the Campaign for Tobacco-Free Kids, the American Lung 
Association, the American Academy of Pediatrics, the American Heart 
Association, the American Cancer Society, the NAACP, and the National 
Medical Association.
  Madam Speaker, we have to take decisive action in order to prevent 
losing the next generation of our kids to a lifetime of nicotine 
addiction. We have to pass this bill, and I urge all of my colleagues 
to join us in supporting the legislation.
  Madam Speaker, I reserve the balance of my time
  Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, my colleague from the Energy and Commerce Committee 
and I do disagree on this bill.
  Every Member in this Chamber is concerned, and rightfully so, about 
the rise in youth tobacco use. We all know this: Smoking is harmful, 
and we must do what we can to prevent use by children and adolescents.
  This is a goal that we share as Republicans and Democrats and with 
President Trump, which is why we have worked together to address the 
increase in youth tobacco use by making it illegal for anybody under 
the age of 21 to buy these products. We have done that together. We 
have passed that. It is now law.
  The use of traditional tobacco products by children has actually 
declined over the last decade. In fact, the surge in tobacco use in 
recent years has been caused by one thing, and that is the emerging 
popularity of e-cigarettes, vaping. The use of e-cigarettes increased 
from 3.6 million youth users in 2018 to 5.4 million last year. That 
increase is truly alarming. But that is not what this bill addresses.
  We addressed youth vaping when we raised the age to 21 to be able to 
buy these tobacco products. Most children were acquiring e-cigarettes 
through social sourcing. So, what does that mean? This occurs in 
high schools where kids who are over 18 at that time would acquire the 
products and then resell them to kids who were under 18. That is what 
was going on. By moving the legal age to 21, we have closed that 
loophole.

  We unanimously passed legislation requiring online retailers to 
verify age at the time of sale and delivery. That bill is still 
awaiting the Senate's action, but I think it demonstrates that we did 
come together in a bipartisan way to address this problem.
  Now the legislation before us goes much further than most of us can 
support, because what it does is make legal products for adults 
illegal. Now, I am not a smoker, I am not a chewer, I don't do any of 
that stuff, but I know a lot of people who do. And they use these 
products as adults, and these flavored products will be banned under 
this law. So if you do chew, if you do smoke, if you use these menthol 
cigarettes or menthol chew or something, and you are an adult, this 
legal product today will be illegal if this bill were to become law.
  Now, meanwhile, the majority Democrats have refused to address 
another issue that is a big problem in my communities and my schools. 
Marijuana-based products can still be flavored, and they are not 
covered by this legislation. Now, they will say, oh, that is illegal in 
America anyway. Well, we all know states like Oregon and others that 
have passed these rules, nobody is enforcing the law against marijuana, 
it is Federal.
  But what we do have is literally products named CannaKids grape 
flavor. Another one over here CannaKids. This is what is happening. 
They are using these products mixed with acetate vitamin E oil to cut 
it with cannabis products, THC products, and they are vaping those. 
That is left out of this legislation. So you can't go to the store and 
get your snuff and chew that or whatever you do with it if it is 
menthol, but you can still go to the pot store and get this. That makes 
no sense to me.
  Madam Speaker, I reserve the balance of my time
  Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from 
New York (Ms. Clarke), the vice chair of our committee.
  Ms. CLARKE of New York. Madam Speaker, I thank the gentleman for 
yielding me time to address this very important issue.
  I rise today in the best interests of the American people, the 
African American community, and my constituents.
  I include in the Record this letter from the ACLU about the concerns 
of H.R. 2339, Reversing the Youth and Tobacco Epidemic Act.

                                                February 27, 2020.
     Re Coalition Concerns with Blanket Prohibition on Menthol and 
         Other Flavored Tobacco within H.R. 2339, Reversing the 
         Youth Tobacco Epidemic Act.

     Hon. Frank Pallone,
     Chairman, House Committee on Energy and Commerce, Washington, 
         DC.
       The undersigned civil rights and civil liberties 
     organizations write to express concerns with a broad 
     prohibition on menthol and other flavored tobacco products 
     within H.R. 2339, the Reversing the Youth Tobacco Epidemic 
     Act of 2019. While this legislation is a well-intended effort 
     to address health issues associated with tobacco use among 
     youth, we have concerns that a blanket prohibition on menthol 
     and other flavored tobacco products, which will apply to 
     adults, will (1) disproportionately impact people and 
     communities of color; (2) trigger criminal penalties, 
     prioritizing criminalization over public health and harm 
     reduction; and (3) instigate unconstitutional policing and 
     other negative interactions with local law enforcement.


I. H.R. 2339 Disproportionately Impacts People and Communities of Color

       Of adults, approximately 80 percent of Blacks and 35 
     percent of Latinx who choose to smoke prefer menthol 
     cigarettes. Thus, any ban on menthol cigarettes will 
     disproportionately affect people of color. While H.R. 2339 
     and similar legislation are often motivated by the desire to 
     decrease and eliminate smoking among certain populations, 
     Blacks and other people of color should not 
     disproportionately bear the brunt of enforcement of such 
     prohibitions, which a menthol ban would ensure.
       Similarly, enforcement of a ban on flavored cigars will 
     also disproportionally impact people of color given cigar 
     preferences. Black adults are 60% of cigarillo and nonpremium 
     cigar smokers, with these products often flavored. 
     Additionally, at Committee markup, H.R. 2339 was amended to 
     exempt certain traditional, expensive cigars from a 
     prohibition of online tobacco sales. There is no 
     justification for differentiating a La Palina from a Black 
     and Mild. Making this

[[Page H1264]]

     distinction undermines the public health arguments made for 
     this bill and suggests that some tobacco preferences, within 
     certain communities, will be prioritized and protected over 
     others.


     II. H.R. 2339 Increases Criminal Penalties Over Public Health

       H.R. 2339 prohibits menthol and other flavored tobacco 
     products under the Food, Drug, and Cosmetic Act (FD&C Act). 
     This prohibition criminalizes the manufacturing, importing, 
     distributing, or selling of menthol and other flavored 
     tobacco products under the FD&C Act, imposing up to three 
     years of imprisonment. Violating a menthol and flavored 
     tobacco ban would implicate other federal criminal penalties 
     as well. For example, the Federal Cigarette Contraband 
     Trafficking Act would be implicated, allowing up to five 
     years of imprisonment.
       With a criminal legal system that incarcerates Blacks at 
     nearly six times the rate of white Americans and a prison 
     population that is 67 percent Black and Latinx, any 
     prohibition on menthol and flavored tobacco products promises 
     continued overcriminalization and mass incarceration of 
     people of color. A ban on menthol and flavored tobacco 
     products could reintroduce many of the harms imposed by the 
     failed war on drugs as lawmakers work to legalize cannabis 
     and take a public health approach to opioids. A bill 
     criminalizing tobacco is contrary to those efforts. Righting 
     the wrongs of earlier failed drug policy requires 
     consideration of the unintended consequences of well-
     intentioned policies, especially on the most vulnerable 
     communities. It also requires us to remember that harm 
     reduction, including education and counseling, are what work 
     to reduce usage and harm in our society, not prohibition.


           III. H.R. 2339 Encourages Harmful Police Practices

       Recent history shows us that drug prohibitions and bans 
     increase negative interactions between law enforcement and 
     people of color. The New York Police Department's (NYPD) stop 
     and frisk program resulted in nearly 700,000 stops in 2011, 
     with drugs serving as the alleged pretext for most of those 
     stops. Ninety percent of those stops were of Black and Latinx 
     people. We are concerned that law enforcement's attempts to 
     enforce a menthol and flavored tobacco ban will undoubtedly 
     lead to fines, arrests, and eventual incarceration for those 
     who continue to use and sell menthol and flavored tobacco 
     products. While the legislation was amended at Committee to 
     try to minimize law enforcement practices here, it only 
     applies in the context of federal enforcement of the FD&C 
     Act; it does not govern local enforcement around any state 
     and city prohibition policies that will follow.
       The death of Eric Garner in 2014 generated national 
     attention not only for the brutality he experienced at the 
     hands of NYPD police, but for the reason that led to the 
     encounter with law enforcement. Mr. Garner died from an 
     illegal chokehold having been stopped by police for selling 
     single cigarettes in violation of state law. Gwendolyn Carr, 
     Eric Garner's mother, cautions: ``When you ban a product sold 
     mostly in Black communities, you must consider the reality of 
     what will happen to that very same overrepresented community 
     in the criminal justice system.'' With a federal prohibition 
     on menthol and flavored tobacco products, states will develop 
     their own prohibition and enforcement policies that could 
     result in harmful police practices like that witnessed with 
     Mr. Garner.
       Based on our concerns, we urge you to not impose a blanket 
     ban on menthol and related tobacco products. A prohibition on 
     all menthol and flavored tobacco products will not achieve a 
     public heath goal of reducing smoking among Black people, 
     young people, or others. We hope we can work together to 
     avoid repetitions of policies that are intended to protect 
     youth and communities of color, but instead only further 
     engrain systemic criminalization and racism.
           Sincerely,
       American Civil Liberties Union, Center for Popular 
     Democracy, Drug Policy Alliance, Friends Committee on 
     National Legislation, Law Enforcement Action Partnership, 
     National Action Network, National Association of Criminal 
     Defense Lawyers.

                              {time}  0930

  Ms. CLARKE of New York. While it is indeed a health imperative to 
reduce and eliminate the use of tobacco products in our society, I 
would like to recognize the inequity, potential harm, and unintended 
consequences of a ban on menthol combustible products within the 
Reversing the Youth Tobacco Epidemic Act.
  This bill's purpose is to curb youth tobacco usage by banning 
flavored tobacco products, more specifically ending the scourge of 
youth vaping in our Nation and the flavored products used to attract 
young people to its use.
  However, this legislation has dire, unintended consequences for 
African American users, the overwhelming majority of which are over the 
age of 21.
  It does not treat all flavored tobacco products equally, exempting 
premium cigars preferred by White smokers, yet banning menthol 
cigarettes. Menthol is the preferred flavor of African American tobacco 
users, used by 90 percent of Black tobacco users.
  While I would love to assume the best intentions of all parties of 
this legislation and hope for the best in regard to law enforcement, 
lived experiences demand caution.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PALLONE. Madam Speaker, I yield an additional 30 seconds to the 
gentlewoman.
  Ms. CLARKE of New York. Madam Speaker, as a result of this asymmetric 
ban, law enforcement would have an additional reason to stop and frisk 
menthol tobacco users because menthol would be considered illegal under 
this ban.
  Having said that, I cannot support H.R. 2339 due to the potentially 
dire consequences that would create additional stop and frisk 
opportunities of African Americans and the constituents I took an oath 
to protect.
  I really believe that this is a health imperative, and if that is the 
case, the ban should be on all tobacco products and would be the best 
answer. Unfortunately, this bill does not do that.
  Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I commend my colleague for her comments and putting 
this letter into the Record. She is absolutely right, according to the 
ACLU, the National Association of Social Workers, the Law Enforcement 
Action Partnership. They say in this letter: ``Any ban on menthol 
cigarettes will disproportionately affect people of color.''
  They go on to talk about how other criminal laws will be affected 
under this act, including those that could lead, their concern, to the 
sort of stop and frisk that occurred in New York in the Eric Garner 
case that they cite in this letter.
  Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. 
Flores).
  Mr. FLORES. Madam Speaker, I thank Mr. Walden for yielding.
  Madam Speaker, I rise in strong opposition to H.R. 2339, a bill that 
bans all flavors of all tobacco products while imposing a new excise 
tax on vaping products.
  Let me start by saying this: I don't smoke. I don't chew. I don't 
vape. And I don't dip. But I do represent adult constituents who do.
  Bills like this make it clear that House Democrats are more 
interested in placing partisan politics over real solutions.
  Since 2011, the share of high school students who say they have 
smoked cigarettes recently has fallen from 16 percent to 6 percent. 
More than 2.5 million U.S. adult smokers have quit smoking by switching 
to e-cigarettes, and many rely on flavored e-liquids.
  If flavored e-cigarettes are outright banned and e-cigarettes have 
increased taxes, as this bill does, many of these ex-smokers will 
return to traditional cigarettes while others will be forced into the 
dangerous e-cigarette black market that this legislation creates.
  Let's be clear: Science proves that e-cigarettes are safer than 
traditional smoking.
  Both Congress and President Trump have taken important steps to 
address the youth vaping epidemic. Unfortunately, today's legislation 
has nothing to do with the youth vaping epidemic and would instead 
eliminate consumer choice for millions of law-abiding adults.
  Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from 
Minnesota (Ms. Craig).
  Ms. CRAIG. Madam Speaker, I thank the chairman for his time and 
especially for his leadership on this issue.
  The tobacco industry has targeted our kids for too long, and we have 
a moral responsibility to act. E-cigarette usage among middle and high 
school students is a public health crisis. The industry's targeting of 
our children has resulted in the highest rate of tobacco usage in 20 
years as a new generation is addicted to nicotine.
  It is all disguised by the 15,000 flavors, like mint, mango, and 
cotton candy, developed to cover up the unpleasant harshness affiliated 
with tobacco use.
  This is absolutely unacceptable. As a mother, I have survived middle 
school four times with four sons, and three have now finished high 
school. I have

[[Page H1265]]

seen how rampant and widespread vaping has become in our Nation's 
schools. Parents and schools need our help.
  Madam Speaker, my colleagues and I must stand up to the industries 
responsible for this epidemic. Public health--more importantly, our 
children's health--depends on it.
  Madam Speaker, I strongly support and urge my colleagues to support 
this bill.
  Mr. WALDEN. Madam Speaker, I yield 2\1/2\ minutes to the gentleman 
from North Carolina (Mr. Hudson), a distinguished member of the Energy 
and Commerce Committee.
  Mr. HUDSON. Madam Speaker, we have a crisis of youth vaping, and we 
have seen a disturbing number of lung injuries and deaths tied to the 
oil used in marijuana vaping, but this bill does nothing to impact 
either. In fact, Republicans offered an amendment in committee to ban 
flavored marijuana vaping, the root cause of lung injuries and deaths, 
and every single Democrat voted ``no.''

  The fact is, working with President Trump, this Congress has already 
taken major bipartisan actions to combat the youth vaping epidemic. We 
have already raised the age to purchase tobacco products to 21; the 
President banned flavors in e-cigarettes; and the House passed 
legislation to require an ID check at every tobacco point of sale.
  Clearly, there is bipartisan support on this issue. Unfortunately, 
this is not what we are voting on today.
  The bill before us today is a partisan publicity stunt. This bill is 
not about youth vaping. This bill is the worst example of Big Brother, 
liberal elites telling the rest of us how to live our lives.
  They say tobacco vaping, a safer alternative to smoking, is bad, but 
marijuana vaping, the root cause of injury and death, is okay.
  The $100 cigars that their liberal elite campaign donors smoke, those 
are okay, but cheaper cigars and menthol cigarettes smoked by working 
men and women in this country, those would be banned.
  You can vape flavored marijuana in San Francisco, but they are going 
to take away your flavored dip in Scranton.
  Let's set aside this partisan overreach and continue to work together 
to solve this crisis, to deal with the real root causes.
  This is not a public health response to an epidemic. It is Big 
Government, liberal elites telling adults what they can and cannot do.
  Madam Speaker, I urge my colleagues to vote ``no.''
  Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Illinois (Ms. Schakowsky), who chairs our Consumer Protection and 
Commerce Subcommittee.
  Ms. SCHAKOWSKY. Madam Speaker, I thank the chairman for yielding.
  This certainly is an issue of consumer protection.
  I rise in support of this bill so that we can take action to end the 
youth tobacco epidemic before it claims any more lives.
  Prohibiting flavors that attract youngsters across the board, we need 
to eliminate these flavors that are really the thing that attracts them 
the most. We can take that step to ensure that more youth do not get 
addicted to nicotine and tobacco.
  In addition to fruity flavors, menthol plays a significant role in 
attracting kids to cigarettes. By cooling and numbing the throat, 
menthol makes it easier to hook kids on smoking. Over half of all youth 
who smoke cigarettes smoke menthol cigarettes, compared to less than 
one-third of adult smokers.
  The NAACP, the National Medical Association, the Black Women's Health 
Imperative, and many other organizations are supporting this 
legislation and voicing their approval of the legislation.
  There is no public health justification for removing menthol tobacco 
products from the flavor prohibition in this bill.
  Big Tobacco is trying to divert our attention from that by raising 
questions of criminal justice that we have gone above and beyond to 
protect against in this bill.
  We don't want to create a whole new generation of people addicted to 
nicotine; that is the intention of the tobacco industry.
  Let's keep our focus and pass this legislation for our kids.
  Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
  I want to point out again that if you want to do something about 
kids, if you want to do something about lung disease, then we need to 
do something about marijuana and the oils it gets mixed with that this 
bill does not address.
  These are literally named CannaKids--CannaKids, flavors. What does 
this one say? Liquid Black Cherry, DOPE.
  They voted that down when we tried to put this in the bill to ban it. 
If you are going to ban something, let's ban something kids are using. 
But, no, we let the marijuana products go forward.
  Madam Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. 
Allen).
  Mr. ALLEN. Madam Speaker, we all agree that the current youth vaping 
trend is cause for concern, and we must evaluate strategies to prevent 
young people from using e-cigarettes and tobacco products. But this 
bill does nothing to address the youth vaping epidemic or the use of 
illicit products that have been linked to the outbreak of lung 
illnesses as just described by our ranking member.
  That is why this body has taken steps to address this issue, 
including passing legislation to raise the minimum age to buy tobacco 
products from 18 to 21.
  But the flavored tobacco ban and excise tax increase act is a 
textbook example of Federal overreach. H.R. 2339 would instead ban all 
flavors for all tobacco products and impose a new excise tax on 
nicotine used in vaping.
  I find it confusing that many of my colleagues who support banning 
these tobacco products also support legalizing marijuana. Where is the 
common sense in this House?
  Instead of putting a partisan, overreaching bill on the floor, 
Democrats should work with Republicans on bipartisan solutions that 
actually address the youth vaping epidemic that we are going to talk 
about here probably the entire time we are debating this issue.
  Mr. WALDEN. Madam Speaker, I would inquire how much time is remaining 
on each side.
  The SPEAKER pro tempore. The gentleman from Oregon (Mr. Walden) has 
13 minutes remaining. The gentleman from New Jersey (Mr. Pallone) has 
14 minutes remaining.
  Mr. PALLONE. Madam Speaker, I want to say that Ms. Pelosi has been so 
much out front on trying to move this bill and always thinks of herself 
as a mom or, as she says, a grandmother first, and that is why she so 
cares about the children.
  Madam Speaker, I yield 1 minute to the gentlewoman from California 
(Ms. Pelosi), our Speaker.
  Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding, for 
his kind words about calling me a mom, as that is the greatest thrill 
of my life, now grandmother as well.
  I very much thank the chairman, Mr. Pallone, for his leadership in 
bringing this legislation to the floor. It is so important for our 
children.
  Madam Speaker, to Mr. Richard Neal, I thank him for the role that the 
Ways and Means Committee played in this as well. I want to acknowledge 
and thank Mr.  Tom Suozzi for the work that he did on the tax piece in 
here, and also Donna Shalala, who knows so much about this subject in 
so many capacities that she has served our government and our children, 
as well as Karen Bass, the chair of the Congressional Black Caucus.
  When people ask me what are the three most important issues facing 
Congress, now for 30 years or so in Congress, I have always said the 
same thing: our children, our children, our children; their health; 
their education; the economic security of their families; a safe, clean 
environment in which they can thrive; a world at peace in which they 
can reach their fulfillment.

                              {time}  0945

  It is all about the children. It is all about their future.
  Today, I rise to join my colleagues to take urgently needed action to 
confront the growing youth tobacco crisis, which is, in the words of 
the U.S. Surgeon General, an ``epidemic.''
  This is legislation to protect our children, and I thank Mr. Pallone 
and Mr. Neal for their leadership here.

[[Page H1266]]

  Today, corporations are waging a brazen special interest campaign to 
addict our children to e-cigarettes. Last year, more than 5 million 
middle school and high school students were using e-cigarettes, up from 
3.6 million just last year, and more than 3 million more than 2 years 
ago, according to the Centers for Disease Control. Nearly 1 million 
children are using e-cigarettes every day.
  Earlier today, we all met Abby, a high school student from Kentucky, 
and several other students, parents, and teachers who shared their 
stories. Abby spoke about how she was just a freshman--she is 15 now, 
but she was just a freshman when her friends offered her an e-cigarette 
at her first high school football game.
  She quickly became addicted and started spending birthday money and 
babysitting cash to pay for e-cigarettes that older friends in high 
school would buy. She tried to quit, but headaches and other painful 
symptoms of withdrawal prevented her. Only when her supply was cut off 
was she able to stop.
  Abby said that she never would have tried a traditional cigarette, 
which she and her peers considered ``harmful and disgusting,'' but they 
just did not know the facts about e-cigarettes, which Big Tobacco had 
designed to specifically target and addict millions of young people 
like her.
  Youth tobacco use is a serious public health crisis that is 
endangering young people like Abby.
  Today, I also met with the pediatrician Dr. Falusi, representing 
67,000 pediatricians, members of the American Academy of Pediatrics. 
This is what Dr. Falusi said: ``The teenage brain is still developing, 
and symptoms of dependence can appear within days of first use. These 
products quickly deliver high levels of nicotine, so addiction can 
happen fast. Adolescents often have no idea how much nicotine they're 
getting from each hit.
  ``In the short term, we've seen compromised lung function and asthma 
exacerbations as well as seizures and respiratory distress, but we 
still don't know the long-term health effects of e-cigarette use. That 
should alarm us all.''
  Dr. Falusi went on to say: ``Pediatricians have seen this addiction 
in our own patients. We receive frantic calls from parents whose 
children don't know how to stop using. We've even heard of teens who 
sleep with the e-cigarette under their pillow at night because they'' 
want to use them as soon as they wake up to vape.
  We also heard from our distinguished colleague, Mr. Ruiz, who will be 
speaking--so I won't quote him--and Dr. Schrier, the Congresswoman from 
Washington State, a pediatrician, speaking on this subject.
  With this bill, we are protecting the health of millions of young 
people who are at risk from Big Tobacco's deadly products.
  Most importantly, this bill blocks the manufacture and sale of all 
flavored tobacco products, including flavored e-cigarettes. Studies 
show that 7 out of 10 users of e-cigarettes do so because they come in 
flavors like gummy bear and mango.
  This ban also covers menthol cigarettes--which more than half of 
youth smokers and 7 in 10 African American youth smokers smoke.
  This bill, therefore, helps ensure justice and reduces health 
disparities. The National Medical Association, the association for 
African American doctors; NAACP; National Black Nurses Association; 
African American Tobacco Control Leadership Council; Association of 
Black Cardiologists; Black Women's Health Imperative; and many other 
associations have put out this call for action from this Congress.
  They said: ``Today, the tobacco industry is using e-cigarettes to 
hook a new generation with flavors like bubble gum, mint, mango--and 
menthol. It's a public health crisis affecting over 5.3 million kids.''
  ``Congress,'' it says, ``End the sale of all flavored tobacco 
products, including menthol cigarettes and flavored e-cigarettes. 
Support H.R. 2339 to protect our kids.''
  Again, that is from the NAACP, National Black Nurses Association, 
National Medical Association, Black Women's Health Imperative, 
Association of Black Cardiologists, and the African American Tobacco 
Control Leadership Council.
  Madam Speaker, they joined scores of other organizations who are 
representing communities of color and otherwise.
  I include in the Record a flyer from the Tobacco-Free Kids Action 
Fund.

   Big Tobacco Has No Problem Targeting African American Communities


               but congress should have a problem with it

       For decades, Big Tobacco has targeted African Americans 
     with menthol cigarettes, with devastating consequences. 
     Menthol cigarettes have addicted generations of African 
     Americans, resulting in high death rates from lung cancer, 
     heart disease, stroke and other smoking-related illnesses. 
     Seven out of ten African American youth smokers smoke 
     menthol, making them more likely to become addicted smokers.
       Today, the tobacco industry is using e-cigarettes to hook a 
     new generation with flavors like bubble gum, mint, mango--and 
     menthol. It's a public health crisis affecting over 5.3 
     million kids.
       Congress: End the sale of all flavored tobacco products, 
     including menthol cigarettes and flavored e-cigarettes. 
     Support H.R. 2339 to protect out kids.
       Paid for by Tobacco-Free Kids Action Fund
  Ms. PELOSI. Madam Speaker, the bill protects our communities with 
other strong steps, including prohibiting companies from marketing e-
cigarettes to youth under age 21. Ninety-five percent of adult smokers 
start before age 21, and those who do not begin smoking by their early 
twenties are unlikely to start.
  Group after group is demanding action. More than 75 organizations--
from the American Academy of Pediatrics to the American Federation of 
Teachers, to the National Association of School Nurses, to the Society 
of Thoracic Surgeons--recently wrote: ``This legislation will address 
the current youth e-cigarette epidemic that is undermining the progress 
made in reducing youth tobacco use.''
  We had all of the tobacco-free kids there lined up in their T-shirts. 
These little children know better than some of us in this Chamber how 
dangerous these e-cigarettes are to our young children, especially 
those in middle school who are so very young and that we see evidence 
of.
  Now, let me just say, in our own community in San Francisco, Juul 
came in with a proposal, and they were selling it as if this is the way 
we are going to stop young children from smoking. We are going to have 
them smoke e-cigarettes, and we are going to do this and that. It was a 
total fraudulent campaign. Some of us just stepped forward and said: 
This is wrong.
  But I wish some of you could see the ads that they sent to our homes, 
as if they were the saviors of children instead of the addictors of 
children, putting them on a path to tobacco use.
  So there is a lot of money involved here from the tobacco industry, 
and we have to weigh the equities in favor of children and not in favor 
of profits for the tobacco industry for a long time to come.
  Madam Speaker, I urge our colleagues to vote for this legislation. We 
cannot stand by while tobacco companies entice a new generation of 
young people into a lifetime of nicotine addiction and preventable 
death.
  Congress must act for young people like Abby and millions of others 
exposed to the scourge of tobacco. I urge a strong bipartisan vote. I 
thank so many of our Members who have taken the lead on protecting our 
children, our children, our children.
  Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I just want to point out the administration, in their 
opposition to this legislation, reminds us that, in January of 2020, 
the administration issued guidance to prioritize enforcement against 
the unauthorized marketing of certain vaping products to youth.
  The FDA is conducting regular surveillance and, when appropriate, 
taking enforcement measures against websites, social media, and other 
publications that advertise regulated tobacco products.
  And the Speaker knows, the President signed into law the ban against 
these products being sold to anyone 21 and under. So we agree that it 
is about the children. We believe Congress has acted in this measure. 
This bill is about adults.
  Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from North 
Carolina (Ms. Foxx), the top Republican on the Education and Labor 
Committee.

[[Page H1267]]

  

  Ms. FOXX of North Carolina. Madam Speaker, I thank my colleague for 
yielding.
  Madam Speaker, I rise in opposition to H.R. 2339. While I don't doubt 
the majority's sincere interest in reducing nicotine use among minors, 
this bill is a premature and poorly thought-out attempt to do so.
  Instead of building on bipartisan efforts to address teenage smoking, 
such as raising the age to purchase tobacco to 21, H.R. 2339 broadly 
overreaches and contains provisions that would unacceptably restrict 
the choice of adult consumers. It would have a negligible impact on 
teenage tobacco use and, instead, could actually increase the use of 
illicit and more dangerous tobacco products.
  As my colleagues have pointed out this morning, most on the other 
side of the aisle favor legalizing marijuana, which has proven to be 
harmful and leads to worse drugs, but will vote for this bad bill. If 
one is concerned about teenagers, don't push marijuana.
  This bill does nothing to address the actual injuries we do see from 
vaping products, which are typically associated with illegal THC vapor 
products and not the products covered under H.R. 2339.
  This is a bad bill, and I urge my colleagues to vote ``no.''
  Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Ruiz), a member of our committee.
  Mr. RUIZ. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I am an emergency physician trained in humanitarian 
disaster aid and a public health expert, and I represent California's 
36th Congressional District.
  As a doctor, I am all too familiar with the devastation that 
addiction to nicotine can cause, devastation such as strokes, heart 
attack, COPD, and patients coming in with 100 percent oxygen because 
they can't breathe without it. I have seen, firsthand, the health 
decline in patients who tried nicotine as teenagers, who got addicted 
and never quit.
  When we talk about vaping, we need to make sure we identify three 
different problems:
  One is the problem of the acute respiratory distress syndrome, that 
caused by open containers where they can mix different types of 
chemicals, including THC, that have the vitamin E oils that can cause 
severe lung damage that requires lung transplant. That is one issue.
  Another issue is whether or not there is a public benefit or whether 
or not vaping is safe. It is not. That is a general conversation.
  This bill addresses the third issue, which is that kids using these 
products are getting addicted at an alarming rate. The number of kids 
using these products is disturbing to me as a Member of Congress, as a 
physician, and as a parent of two young kids.
  From 2017 to 2019, e-cigarette use doubled among high school students 
and tripled among middle school students. There are 5 million kids 
using e-cigarettes today, an increase of 3 million in just 2 years, and 
the health effects of these are real and dangerous.

  Cigarettes, no doubt, are the deadliest form of tobacco. No tobacco 
product, however, is safe. Vape aerosol contains some of the same 
chemicals found in cigarette smoke: chromium, formaldehyde, lead, 
nickel, and tin.
  Nicotine use changes an adolescent's brain cell activity affecting 
attention, learning, behavior, and memory function.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. PALLONE. Madam Speaker, I yield the gentleman from California an 
additional 1 minute.
  Mr. RUIZ. Madam Speaker, research shows that you are more likely to 
start smoking cigarettes if you vape, and using nicotine at an early 
age means you are more likely to be addicted for life.
  So we need to address and pass H.R. 2339, the Protecting American 
Lungs and Reversing the Youth Tobacco Epidemic Act of 2019, because it 
will help us reach the objective of reducing the youth vaping epidemic.
  This bill also contains my bill, the NO VAPE Act, which will crack 
down on retailers who sell these products to underaged youth.
  It is my job as a public health expert and it is our job as Members 
of Congress to ensure measures are put in place to prevent more 
Americans from getting hooked on nicotine at an early age. So I urge a 
vote on H.R. 2339, Protecting American Lungs and Reversing the Youth 
Tobacco Epidemic Act of 2019, for the sake of our children and our 
public's health.
  Mr. WALDEN. Madam Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Bishop).
  Mr. BISHOP of North Carolina. Madam Speaker, I thank the gentleman 
for yielding.
  Madam Speaker, H.R. 2339 will hurt farmers in North Carolina, 
disrespect the free choice of Americans--especially African Americans--
and do nothing to advance public health.
  The uncertainty this bill will create serves no legitimate purpose 
and will hurt 1,300 hard-pressed, hardworking farmers all across North 
Carolina.
  Why are Democrats so dismissive of the interest of farmers and the 
challenges they face?
  Consider this: Nearly 30 percent of adult tobacco users report 
flavored tobacco use.

                              {time}  1000

  Almost nine in ten adult African American smokers choose menthol. 
This bill would ban them all.
  How can you not only dismiss but discriminate against their adult 
choices?
  Do you really expect that no black market will emerge to cater to 
those choices?
  Have you considered the harms that will result from that?
  Kids shouldn't use tobacco, nor, in my opinion, should adults, but 
more bureaucracy, trampling arbitrarily on adult free choice, and 
destroying family farmers are nowhere close to the solution.
  Mr. PALLONE. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman 
from California (Ms. Eshoo), who chairs our Health Subcommittee.
  Ms. ESHOO. Madam Speaker, I thank the chair of our committee, and I 
rise in support of this legislation that is so important for the next 
generation of Americans, H.R. 2339.
  Very sadly, there has been a reversal of our country's great progress 
on tobacco use, and it is because of flavored products and a tobacco 
industry that preys on our Nation's youth.
  From 2017 to 2019 e-cigarette use more than doubled among high school 
students and more than tripled among middle schoolers--even younger. 
These are kids. They are not even young adults yet. By 2019, last year, 
5.3 million middle and high school students were current users, already 
using some type of tobacco product or e-cigarettes.
  Over 80 percent of kids who have used tobacco started with a flavored 
product. That is the hook. According to the surgeon general, they begin 
using and become addicted to these products because e-cigarette 
manufacturers have targeted extensive advertising campaigns to kids and 
to young adults. So this didn't just come out of the ether. This is 
very purposeful. It is directed, and it is targeted to middle schoolers 
and high schoolers.
  Last year Congress raised the legal age to purchase tobacco to 21, 
but in January the President walked back his promise to address the 
youth tobacco epidemic by taking only some flavored e-cigarette 
products off the market. But as we heard from witnesses during our 
subcommittee hearing last October, those actions are not enough.
  The single most important action to reduce youth e-cigarette use is 
to crack down on the flavors because that is what addicts our kids. If 
any flavored products are still available, kids are going to find a way 
to get them. All flavors must be removed from the market including 
menthol, because this, again, is what hooks kids on smoking, and this 
legislation addresses that.
  We also have to address how tobacco companies target their 
advertisements to our kids. This bill ensures that e-cigarettes have 
the same strict marketing prohibitions as other tobacco products.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PALLONE. Madam Speaker, I yield the gentlewoman from California 
an additional 30 seconds.
  Ms. ESHOO. Madam Speaker, I think it is eminently clear that Congress 
must pass strong legislation to reduce the attractiveness and 
availability of flavored tobacco products to adolescents and teens to 
save this generation

[[Page H1268]]

from lifetime addiction. There are costs to addiction, and our 
healthcare system has to absorb that.
  So why not prevent it and stop it in its tracks today?
  That is why I urge my colleagues to vote for H.R. 2339 to accomplish 
all of this.
  Mr. WALDEN. Madam Speaker, may I inquire as to the time available on 
both sides.
  The SPEAKER pro tempore. The gentleman from Oregon has 9\1/2\ minutes 
remaining. The gentleman from New Jersey has 7 minutes remaining.
  Mr. WALDEN. Madam Speaker, I yield 2 minutes to the gentleman from 
Kentucky (Mr. Comer).
  Mr. COMER. Madam Speaker, few would deny that we are facing a 
dangerous epidemic of youth vaping.
  But the bill before us today is not about youth vaping. Instead, this 
legislation seeks to eliminate consumer choice of flavored tobacco 
products for law-abiding adults over the age of 21.
  With this bill Democrats are seeking to play politics with a crisis 
and ram through an extreme, partisan measure that is government 
overreach at its finest.
  We should be focused on reducing youth consumption and removing 
counterfeit products from the market. That is what this debate should 
focus on, not reducing the freedoms of law-abiding adults. 
Unfortunately, Democrats are making clear that they are uninterested in 
further action to reduce youth tobacco use. By banning flavored tobacco 
products and the sale of menthol cigarettes for adults, they are 
seeking to destroy consumer freedom in this country.
  Thankfully, if this bill were to pass today, this anti-consumer 
choice overreach will be stopped in its tracks in the Senate.
  Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Rush), who is the chairman of our Energy Subcommittee.
  Mr. RUSH. Madam Speaker, I want to thank the gentleman for yielding.
  Madam Speaker, I am proud to rise today in support of H.R. 2339, the 
Reversing the Youth Tobacco Epidemic Act.
  This bill would ban menthol products which are primarily used because 
of decades of predatory advertising by tobacco companies in the African 
American community and on the African American community, particularly, 
Madam Speaker, African American males, the so-called Kool generation, 
spelled with a K and not a C.
  Smoking cigarettes, especially menthol-flavored cigarettes, has 
resulted in approximately 45,000 African American deaths each and every 
year. Lung cancer, COPD, and heart disease are the leading preventable 
causes of death for African Americans. Smoking menthol-flavored 
cigarettes is the primary culprit.
  Earlier this week, Madam Speaker, I wrote an op-ed with Nancy Brown, 
the CEO of the American Heart Association, on the importance of this 
bill and the ban on menthol flavoring for our kids' health. I am 
pleased to report that our op-ed was published in The Hill on last 
Wednesday.
  Madam Speaker, I include in the Record my op-ed.

                     [From The Hill, Feb. 26, 2020]

              No Exceptions When It Comes To Kids' Health

             (By Rep. Bobby L. Rush (D-IL) and Nancy Brown)

       Imagine a world in which our children are not using tobacco 
     or addicted to nicotine--a world in which tobacco products 
     that appeal to youth cannot be sold, the tobacco industry is 
     prohibited from preying upon youth with their deceptive 
     marketing, and tobacco no longer represents a grave health 
     threat to children.
       With tobacco and nicotine use among youth at epidemic 
     levels in this country, we must address this public health 
     crisis. The House of Representatives has an historic 
     opportunity to do just that this week by passing the 
     Reversing the Youth Tobacco Epidemic Act, a bill that takes 
     bold action to remove all flavored e-cigarettes and other 
     tobacco products, including menthol, from the market.
       Until recently, the goal of a tobacco- and nicotine-free 
     generation seemed within reach. Youth smoking rates, which 
     were at 28 percent in 1997, fell to just 5 percent in 2018. 
     But this hard-fought public health success against youth 
     tobacco use is threatened by the skyrocketing popularity of 
     e-cigarettes. More than 1 in 4 high-school students and more 
     than 5 million youth nationwide now report using e-
     cigarettes, which pose serious health risks to users and 
     could increase the likelihood of traditional cigarette use. 
     An American Heart Association study released last year found 
     that kids who use e-cigarettes are more likely to start 
     smoking traditional cigarettes.
       The reasons for this surge in youth e-cigarette use is 
     clear. Tobacco companies introduced thousands of products 
     with fruit, candy, mint, and menthol flavors specifically 
     intended to appeal to youth. The companies then designed 
     sophisticated and well-funded marketing campaigns that 
     relentlessly target youth on social media. While the Trump 
     administration pledged last fall to halt the sale of all 
     flavored e-cigarettes, the policy it released last month fell 
     far short of that goal. Urgent action is still needed to stem 
     the youth e-cigarette epidemic given menthol products, 
     disposable e-cigarettes, and flavored liquid nicotine used in 
     open tank systems are being allowed to remain on the market.
       Congress took an important first step in December by 
     raising the national minimum legal sales age for tobacco 
     products from 18 to 21. But we know that just raising the 
     sales age for these products is not enough to counteract the 
     actions of an industry intent on addicting another generation 
     of youth. The industry has known for decades that cigarettes 
     and other tobacco products flavored with menthol are less 
     harsh and more appealing to users--especially youth smokers. 
     Tobacco companies have been especially aggressive with retail 
     advertising and price promotions for menthol products in 
     minority communities. As a result, more than 70 percent of 
     adolescent African-American smokers and more than half of 
     adolescent Latino smokers use menthol.
       Where existing policies have fallen short, the Reversing 
     the Youth Tobacco Epidemic Act will fill the gaps. The 
     bipartisan legislation, first introduced by Reps. Frank 
     Pallone (D-N.J.) and Donna Shalala (D-Fla.), will remove all 
     flavored tobacco products from the market within a year and 
     subject all tobacco products, including e-cigarettes, to the 
     same advertising restrictions that currently apply to 
     cigarettes. It will also require e-cigarette companies to 
     stop selling any flavored product without pre-market 
     authorization from the Food and Drug Administration (FDA) 
     within 30 days. Additionally, the bill directs the FDA to 
     prohibit online sales of most tobacco products, cutting off a 
     way many youth access these products.
       We are at a pivotal moment in the fight to protect our 
     children from tobacco-caused addiction and disease. We urge 
     lawmakers to listen to and stand with parents and health 
     advocates to support this important legislation.

  Mr. RUSH. Madam Speaker, I encourage my colleagues to join me in 
supporting this very, very worthwhile legislation.
  Mr. WALDEN. Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Ms. Kelly), who is a member of our committee.
  Ms. KELLY of Illinois. Madam Speaker, as chair of the Congressional 
Black Caucus Health Braintrust, I rise to express my support for H.R. 
2339, the Protecting American Lungs and Reversing the Youth Tobacco 
Epidemic Act of 2019.
  This critical legislation will protect young people, especially young 
people of color, from a lifetime of nicotine addiction. Simply put, 
prohibiting menthol and other flavored tobacco products will save 
lives, especially Black lives.
  Opponents of the legislation assert that because 85 percent of the 
African American smokers use menthol products that it would 
disproportionately harm communities of color. This logic only 
perpetuates the cycle in which many members of the African American 
community are already trapped. Tobacco companies specifically marketed 
menthol cigarettes to Black communities because they are more 
addictive. Opposing this bill only continues this shameful past.
  We must pass H.R. 2339 and ensure the tobacco industry can no longer 
target minority communities to the detriment of public health.
  Mr. WALDEN. I continue to reserve the balance of my time, Madam 
Speaker.
  Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from 
Florida (Ms. Wasserman Schultz).
  Ms. WASSERMAN SCHULTZ. Madam Speaker, today we finally 
comprehensively address America's resurgent youth nicotine epidemic.
  In 2019 more than 5.3 million middle and high school students used e-
cigarettes, double the number who reported vaping just 2 years before. 
It is no surprise when flavors like gummy bear and cotton candy are 
used to lure children to e-cigarettes. And the aggressive digital 
marketing aimed at minors, like the campaigns Juul admitted to running, 
obviously work.

[[Page H1269]]

  But this Republican administration failed to holistically address 
this issue. Worse, they caved to Big Tobacco by embracing a woefully 
inadequate flavor ban. So this bill does just what this administration 
refused to; it bans flavors and proactively combats this epidemic.
  I am grateful to Chairman Pallone for including language from my 
legislation, the PROTECT Act, that directs the CDC to implement a 
successful--like the anti-tobacco youth campaign was--youth anti-vaping 
education and prevention campaign. That is vital because if a child 
never starts vaping, we keep them off this perilous path to nicotine 
addiction.
  Madam Speaker, I urge a ``yes'' vote on this bill to stand up to Big 
Tobacco and to protect the health of young people.
  Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
  I just want to follow up on my friend from Florida's comments. Let me 
remind the body that it was the Obama administration that failed to 
take enforcement action against e-cigarette manufacturers while these 
products grew in popularity among our children.
  In contrast, it is the Trump administration that is actually taking 
significant action to curb youth use of tobacco and e-cigarettes. The 
Food and Drug Administration under President Trump has already removed 
most flavored e-cigarettes from the market and stated they will take 
additional action against any products found to be targeting children.
  My friends will say the administration left open a giant loophole by 
not targeting all these cigarette products. I reiterate: FDA has stated 
they will ``take action against any product, regardless of whether a 
product is cartridge-based, disposable, or flavored, if it is targeted 
to minors, its marketing is likely to promote youth use, or if the 
manufacturer has failed to take, or is failing to take, adequate 
measures to prevent minors' access.''
  The FDA has that authority to regulate e-cigarettes. It has taken 
action to remove those products that are targeted to kids from the 
market. In addition, any product wishing to come back on the market 
will need to receive marketing authorization from the FDA beginning 
later this year making the actions of this bill actually unnecessary.
  But remember this bill deals with adults because we already, in a 
bipartisan way, passed a law to prohibit these products from being sold 
to people under 21 years of age. That was a huge problem. There was a 
big loophole. As I said, the Obama administration let all this unfold 
before their eyes.
  We passed a bill. It is now law. Nobody under 21 has access to these 
products.
  Madam Speaker, the bill doesn't address this issue; this is literally 
called CannaKids. This is literally DOPE e-Liquid, Black Cherry. 
Marijuana-flavored vaping products are not covered under this 
legislation.
  But this legislation goes so far as to take legal products that 
adults may use--I don't use any of this stuff. I am not a big fan of it 
at all. But they have their choice. These are adult products. Adults 
will no longer have access to these products. They are gone. They are 
banned under this bill.
  Madam Speaker, you are going to set up a whole new criminal 
enforcement effort that some, including the ACLU, believe will target 
people of color more than others.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, may I inquire about the amount of time 
remaining on both sides.
  The SPEAKER pro tempore (Ms. Pingree). The gentleman from New Jersey 
has 3 minutes remaining. The gentleman from Oregon has 5\1/2\ minutes 
remaining.

                              {time}  1015

  Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Madam Speaker, I am not here to target people of 
color. I am here to save lives.
  I support this legislation because it closes an effective tax 
loophole for e-cigarettes and taxes them just accordingly as tobacco.
  It prohibits the manufacture of flavored tobacco and, more 
importantly, actually prohibits companies from marketing or promoting 
e-cigarettes to youth under the age of 21. That is an important 
element.
  It makes sure that the grants that are gotten from those dollars are 
utilized for outreach and education, for evidence-based smoking-
cessation programs. It awards grants to make tobacco-cessation 
therapies and counseling available to community health centers.
  We have to save lives. People of color die disproportionately through 
tobacco products, including these flavored cigarettes.
  The NAACP says flavored cigarettes, e-cigarettes, have driven the 
youth epidemic and more than half of youth smokers. Organizations like 
the National Black Nurses Association, African American Tobacco Control 
Leadership Council, Black Women's Health Imperative, and National 
Hispanic Medical Association all support this.
  Madam Speaker, I am here to save lives. That is why I am supporting 
this legislation.
  Madam Speaker, I rise in support of H.R. 2339, the ``Protecting 
American Lungs and Reversing Youth Tobacco Epidemic Act.''
  I support this important lifesaving and life-extending legislation 
because it:
  1. Closes a tax loophole for e-cigarettes by establishing tax parity 
with current tobacco taxes, which is a highly effective way to reduce 
youth smoking.
  2. Prohibits the manufacture and sale of all flavored tobacco 
products, including menthol cigarettes, within one year, and removes 
all flavored e-cigarettes from the market within 30 days.
  3. Prohibits companies from marketing or promoting e-cigarettes to 
youth under age 21.
  4. Directs the Food and Drug Administration (FDA) to prohibit non-
face-to-face (online) sales of most tobacco products, including e-
cigarettes, thereby blocking a key path for high schoolers to obtain 
tobacco products, many of which are sold online with limited or no age 
verification requirements.
  5. Provides FDA with the authority to collect user fees from all 
classes of tobacco products, including e-cigarettes, and increases the 
annual user fees collected for tobacco products by $100 million.
  6. Requires the Federal Trade Commission to issue an annual report to 
Congress on the domestic sales, advertising, and promotional activities 
of cigarette, cigar, smokeless tobacco, and e-cigarette manufacturers.
  7. Invests in grants for outreach and education for evidence-based 
smoking cessation programs for individuals in medically underserved 
communities, including racial and ethnic minorities.
  8. Awards grants to make tobacco cessation therapies and counseling 
available at Community Health Centers.
  This critical legislation provides a comprehensive approach to 
address the youth tobacco epidemic, which has surged in recent years 
with the introduction of such new tobacco products as e-cigarettes.
  I support H.R. 2339 because it will help prevent the loss of an 
entirely new generation to a lifetime of nicotine addiction.
  Madam Speaker, one of the most effective ways to reduce youth use of 
a tobacco product is to increase taxes on that product.
  This legislation closes the tax loophole for e-cigarettes by 
establishing tax parity with current tobacco taxes--significantly 
increasing the cost of e-cigarettes.
  Currently, there is no federal excise tax on the nicotine contained 
in e-cigarettes, which could result, for example, in up to a 75 percent 
increase in the cost of some brands of e-cigarettes.
  As the Campaign for Tobacco-Free Kids points out, ``The Surgeon 
General has called raising prices on cigarettes `one of the most 
effective tobacco control interventions.'
  The tobacco industry has targeted kids through social media 
advertisements, glossy marketing campaigns, and other kid-friendly 
platforms.
  Banning the marketing and promotion of e-cigarettes to young people 
will have a salutary effect because about 95 percent of adult smokers 
start before age 21 and young people who do not begin smoking by their 
early 20s are unlikely to ever start.
  The legislation also includes numerous other provisions to address 
the youth tobacco epidemic, including prohibiting the manufacturer and 
sale of all flavored tobacco products, prohibiting companies from 
marketing or promoting e-cigarettes to youth under age 21, and 
directing the FDA to prohibit non-face-to-face (online) sales of most 
tobacco products, including e-cigarettes.
  Madam Speaker, it is gratifying to know that this legislation is 
supported by nearly 100 groups, including the Campaign for Tobacco-Free 
Kids, American Lung Association, American Heart Association, American 
Cancer Society Cancer Action Network, American Academy of Pediatrics, 
African American Tobacco

[[Page H1270]]

 Control Leadership Council, Black Women's Health Imperative, National 
Black Nurses Association, National Hispanic Medical Association, 
Catholic Health Association of the United States, American Public 
Health Association, National Education Association, Parents Against 
Vaping e-cigarettes (PAVe), First Focus, Children's Defense Fund, and 
American College of Physicians.
  In support this legislation, the NAACP, the nation's oldest civil 
rights organization, has stated that: ``Flavored e-cigarettes have 
driven the youth epidemic, and more than half of youth smokers--
including seven out of ten African American youth smokers--smoke 
menthol cigarettes, so it's time to take these products off the market 
once and for all.''
  Madam Speaker, over the last few years, the use of e-cigarettes has 
skyrocketed among American middle school and high school students.
  More than 5.3 million middle school and high school students used e-
cigarettes in 2019, an alarming increase of more than 3 million in two 
years.
  The recent dramatic rise in the number of middle and high school 
students using e-cigarettes has reversed the progress that had been 
made in previous years in the use of tobacco by kids and teenagers.
  The U.S. Surgeon General has labeled the skyrocketing growth in youth 
use of e-cigarettes an ``epidemic.''
  The Surgeon General has also concluded that youth use of nicotine in 
any form, including e-cigarettes, is unsafe, causes addiction, and can 
harm brain development, which impacts attention, memory, and learning.
  The Surgeon General also found that using nicotine in adolescence 
increases the risk of future addiction to other drugs.
  E-cigarettes have very high levels of nicotine, placing young people 
at significant risk for developing nicotine addiction.
  Studies have shown that one brand of e-cigarette cartridge can 
contain as much nicotine as a full pack of traditional cigarettes.
  In 2009, Congress enacted a federal law prohibiting the manufacture 
and sale of traditional cigarettes that had flavors (other than the 
flavors of menthol or tobacco), since the tobacco industry had begun 
targeting young people by offering flavored cigarettes, including candy 
and fruit flavors.
  However, that 2009 flavor prohibition has not applied to tobacco 
products other than traditional cigarettes.
  Now, the legislation being considered this week would broaden that 
2009 prohibition--blocking the manufacture and sale of all flavored 
tobacco products, including e-cigarettes and menthol cigarettes.
  In recent years, tobacco companies have significantly stepped up the 
introduction and marketing of flavored tobacco products, especially e-
cigarettes, with more than 15,000 flavors now available on the market.
  The widespread availability and appeal of kid-friendly flavors has 
significantly contributed to the rapid rise in e-cigarette use by young 
people--with the tobacco industry targeting and addicting kids with 
enticing flavors such as gummy bear and cotton candy.
  Flavors mask the harsh taste of tobacco and make it easier for kids 
to start to use a tobacco product and to become addicted.
  More than 9 out 10 young persons using e-cigarettes use flavored the 
e-cigarettes, with 7 out of 10 current youth e-cigarette users saying 
they used them ``because they come in flavors I like.''
  The bill's prohibition on menthol cigarettes will also help protect 
kids.
  More than half of youth smokers--and seven in ten African American 
youth smokers--smoke menthol cigarettes.
  A 2013 FDA analysis concluded that menthol cigarettes soothe the 
harshness of tobacco, increase youth initiation, increase nicotine 
addiction, and make it harder for smokers to quit.
  Madam Speaker, the National Medical Association, the voice of 
America's African American physicians, supports this legislation, 
stating:

       As the collective voice of African American physicians, we 
     know that banning menthol cigarettes will save lives in our 
     community. Smoking-related illnesses are the number one cause 
     of death in the African American community and approximately 
     45,000 African Americans die each year from smoking-related 
     diseases. Further, more than 85 percent of African American 
     smokers use menthols cigarettes. . . . For years, the tobacco 
     industry has aggressively promoted menthol cigarettes and 
     other flavored tobacco products in African American 
     communities. Taking action to ban menthol cigarettes is long 
     overdue and the NMA requests that Congress move swiftly to 
     take up this bill and save lives.

  Madam Speaker, I do not agree with opponents of the legislation who 
assert that because 85% of African American smokers use menthol 
products, that it would disproportionally harm communities of color.
  H.R. 2339 is not intended to disproportionately impact people and 
communities of color; instead it treats all tobacco products the same 
by prohibiting flavoring in all tobacco products.
  Further, the legislation prohibits the sale, but not the possession, 
of the banned products and expressly prohibits law enforcement from 
using abusive practices, such as stop and frisk, to enforce the ban.
  In 2009, President Obama signed into law the Family Smoking 
Prevention and Tobacco Control Act which prohibited all flavored 
cigarettes, other than menthol, after the tobacco industry used these 
products to target kids.
  H.R. 2339 merely extends the same enforcement authorities enacted 
under the Tobacco Control Act to prohibit all flavored tobacco products 
and ensure that the tobacco industry is no longer manufacturing or 
importing any flavored products.
  Finally, instead of imposing criminal penalties, should the U.S. Food 
and Drug Administration find a manufacturer or retailer in violation of 
the law, the FDA most commonly utilizes warning letters, no-tobacco 
sale orders, and civil monetary penalties.
  Thus, it is simply untrue that H.R. 2339 increases criminal penalties 
or ``criminalizes tobacco.''
  Before concluding, it is noteworthy that H.R. 2339 makes critical 
investments to medically underserved communities to enhance smoking 
cessation, particularly among racial and ethnic minority populations.
  In order to ensure there are necessary resources for current smokers 
to quit and transition off flavored tobacco products, the bill provides 
significant resources to Community Health Centers to provide for the 
availability of counseling and tobacco cessation therapies, as well as 
other grant programs to enhance the availability of smoking cessation, 
in particular for menthol products, in medically underserved 
communities.
  In sum, H.R. 2339 will help ensure the tobacco industry can no longer 
target minority communities to the detriment of public health.
  I strongly support this legislation and urge all Members to join me 
in voting for its passage.

  Mr. WALDEN. Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I am prepared to close the Committee on 
Energy and Commerce's portion, and I reserve the balance of my time.
  Mr. WALDEN. Madam Speaker, I think we have had a good debate here 
today, and we understand the differences between the proponents and 
opponents. I want to close with a couple of comments.
  Marijuana and THC-laced products are illegal at the Federal level 
under the Controlled Substances Act. Nobody disputes that. Yet, we have 
seen how easy it is for individuals, including children, to get their 
hands on these products.
  They are marketed all over the internet in kid-friendly flavors. Not 
only are these illegal products easy to access, but they caused an 
outbreak of serious illnesses known as e-cigarette, or vaping, product 
use-associated lung injury--it is known as EVALI--and resulted in the 
deaths of 68 Americans. Centers for Disease Control confirmed this 
outbreak was linked to vitamin E acetate used in THC-containing e-
cigarettes.
  The point is, though, as more people are pushed away from flavored 
tobacco products that are currently legal--again, we already made all 
this illegal for anybody under 21, so we are talking about adults 
here--they will start pushing products through illicit markets.
  We all hope that in the face of the tobacco prohibition, tobacco 
users would simply quit using these products, but the fact is, these 
products are addictive. They are designed so users cannot simply quit.
  Without accounting for this reality, this legislation will simply 
push individuals to more dangerous and unregulated products. Illicit 
markets are already thriving, as is evidenced by the cannabis 
marketplace and the existing illicit tobacco trade.
  Madam Speaker, I include in the Record a letter from the National 
Association of Black Law Enforcement Executives. They say:

       Organized criminal groups are already increasingly active 
     in selling illicit cigarettes from low tax states to high tax 
     states. A new market--menthol cigarettes--will only fuel 
     those criminal enterprises and everything that comes with 
     them from money laundering of shell companies that are 
     funding gang and terrorist activities.


[[Page H1271]]


                                          National Organization of


                             Black Law Enforcement Executives,

                                    Alexandria, VA, June 11, 2019.
     Re H.R. 2339: Reversing the Youth Tobacco Epidemic of 2019, 
         Bill introduced by: U.S. Congressman Frank Pallone.

     Hon. Frank Pallone,
     House of Representatives,
     Washington, DC.
       Dear Representative Moore: The National Organization of 
     Black Law Enforcement Executives (NOBLE) serves as the 
     conscience of law enforcement in America by being committed 
     to Justice by Action. Founded in 1976, NOBLE is committed to 
     ensure equity in the administration of justice and its 
     unyielding commitment is to work toward the elimination of 
     racism and bias of any type within the law enforcement field.
       NOBLE has nearly 60 chapters and represents over 3,000 
     members worldwide that represent chief executive officers and 
     command-level law enforcement officials from federal, state, 
     county, municipal law enforcement agencies, and criminal 
     justice practitioners.
       As an organization, NOBLE has no stance on the scientific 
     and medical issues regarding the impact of the use of menthol 
     cigarettes aside from saying that we believe any governmental 
     decision--especially one that could ban a previously legal 
     product--should be rooted on rigorous science.
       Historically, NOBLE has expressed concerns over the ban of 
     menthol cigarettes for adults due to the unintended 
     consequences that occur when said products are made available 
     through a illicit market. The result can be the increased 
     encounters between the consumer (in this case African 
     Americans) and law enforcement officials who are enforcing 
     the ban.
       NOBLE applauds the legislation to increase the minimum age 
     to consume tobacco products from 18 to 21. We currently are 
     launching a program aimed at educating and informing young 
     people to the dangers of consuming tobacco products and their 
     derivatives. However, we are concerned over the inclusion of 
     menthol flavored products in H.R. 2339 that may encourage a 
     ban of these products in the adult market. Research data 
     shows that menthol cigarettes constitute one-third of the 
     U.S. market and is the preferred cigarette of more than 80% 
     of African Americans who choose to smoke. Our goal is to 
     reduce policies and legislative actions that may increase 
     unintended enforcement interaction between police and people 
     of color.
       Organized criminal groups are already increasingly active 
     in selling illicit cigarettes from low tax states to high tax 
     states. A new market--menthol cigarettes--will only fuel 
     those criminal enterprises and everything that comes with 
     them from money laundering or shell companies that funding 
     gang and terrorist activities. A ban on menthol cigarettes 
     would be exploited by criminal organizations to finance their 
     activities.
       We urge you to consider the real-world evidence of the 
     ramifications of the unintended consequences of a ban on the 
     sale of menthol cigarettes and the disproportionate impact of 
     a menthol ban in African American communities.
       Given all of these concerns, NOBLE respectfully requests 
     that this legislation remove menthol from the list of flavors 
     being considered for a ban on retail sales.
       Thank you for your consideration.
           Sincerely,
                                                     Vera Bumpers,
                                               National President.

  Mr. WALDEN. Those aren't my words. Those are the words of the 
National Organization of Black Law Enforcement Executives, which 
opposes this legislation.
  This bill is making an additional set of products illegal that will 
further encourage illegal behavior that is already occurring and 
difficult to combat.
  Madam Speaker, where does this stop? We are all for stopping children 
from having access to these products. We did that with T21. It is now 
law. We have legislation--bipartisanly passed in the House, pending in 
the Senate--to require age verification at point of sale and delivery 
of tobacco products so that we really get boundaries around these 
products getting into the hands of youth.
  But if you are going to ban flavored tobacco products but not 
flavored marijuana products, are you going to ban flavored alcohol 
products?
  We know childhood obesity is an epidemic. Are we going to go down 
that path as well and ban products adults use but tell kids they can't 
have a candy bar?
  I mean, where does this end?
  I led an effort when I was student body president in high school to 
get smoking out of the bathrooms. I went to the school board, and we 
actually created a smoking area outside that required parental 
permission, a permit, and a fee. That was the 1970s. It was an amazing, 
revolutionary thing. Thankfully, a few years later, they got rid of the 
whole thing, but I got tired of using the bathroom only to find my 
friends smoking in there and lighting fires in the trash cans.
  I have been an advocate for getting smoking and smoking products away 
from kids my entire life. That is why I supported T21 to ban the sale 
of tobacco products to anybody under 21, the age verification issue, 
and all that. But we are talking here about now telling adults in 
America that you can no longer have access to these legal products.
  Now, I am not a fan of these legal products. Don't get me wrong. But 
I represent people who do use them, and I am going to go home, and they 
are going say: ``What do you mean you took away my Grizzly or Kodiak or 
Snuffs?'' I don't even know what you do with those products, but we are 
going to take them away. We are going to ban them for good under your 
law, and we are going to have our law enforcement go enforce that.
  Now, they will tell you that it is just the FDA, but what they won't 
tell you is, in the bill, it only relates to the FDA, but there are 
criminal penalties in this bill. It probably should have gone to the 
Committee on the Judiciary.
  There are other laws on the books that law enforcement can enforce, 
and that is why the ACLU and others sent us this letter concerned about 
the stop and frisk tactics. Remember, Eric Garner was selling illegal 
cigarettes on the streets, individual cigarettes. That is what led to 
the law enforcement action that tragically ended up in his death with 
the illegal choke hold.
  They reference all that in their letter in opposition to this 
legislation. We are not making this up on our side. It is all right 
here.
  I include in the Record this letter, along with a Statement of 
Administration Policy in opposition to H.R. 2339.
                                        Monday, February 24, 2020.
     Re Coalition Concerns with Blanket Prohibition on Menthol and 
         Other Flavored Tobacco within H.R. 2339, Reversing the 
         Youth Tobacco Epidemic Act.

     Hon. Frank Pallone,
     Chairman, House Committee on Energy and Commerce, Washington, 
         DC.
       The undersigned civil rights and civil liberties 
     organizations write to express concerns with a broad 
     prohibition on menthol and other flavored tobacco products 
     within H.R. 2339, the Reversing the Youth Tobacco Epidemic 
     Act of 2019. While this legislation is a well-intended effort 
     to address health issues associated with tobacco use among 
     youth, we have concerns that a blanket prohibition on menthol 
     and other flavored tobacco products, which will apply to 
     adults, will (1) disproportionately impact people and 
     communities of color; (2) trigger criminal penalties, 
     prioritizing criminalization over public health and harm 
     reduction; and (3) instigate unconstitutional policing and 
     other negative interactions with local law enforcement.


I. H.R. 2339 Disproportionately Impacts People and Communities of Color

       Of adults, approximately 80 percent of Blacks and 35 
     percent of Latinx who choose to smoke prefer menthol 
     cigarettes. Thus, any ban on menthol cigarettes will 
     disproportionately affect people of color. While H.R. 2339 
     and similar legislation are often motivated by the desire to 
     decrease and eliminate smoking among certain populations, 
     Blacks and other people of color should not 
     disproportionately bear the brunt of enforcement of such 
     prohibitions, which a menthol ban would ensure.
       Similarly, enforcement of a ban on flavored cigars will 
     also disproportionally impact people of color given cigar 
     preferences. Black adults are 60% of cigarillo and non-
     premium cigar smokers, with these products often flavored. 
     Additionally, at Committee markup, H.R. 2339 was amended to 
     exempt certain traditional, expensive cigars from a 
     prohibition of online tobacco sales. There is no 
     justification for differentiating a La Palina from a Black 
     and Mild. Making this distinction undermines the public 
     health arguments made for this bill and suggests that some 
     tobacco preferences, within certain communities, will be 
     prioritized and protected over others.


     II. H.R. 2339 Increases Criminal Penalties Over Public Health

       H.R. 2339 prohibits menthol and other flavored tobacco 
     products under the Food, Drug, and Cosmetic Act (FD&C Act). 
     This prohibition criminalizes the manufacturing, importing, 
     distributing, or selling of menthol and other flavored 
     tobacco products under the FD&C Act, imposing up to three 
     years of imprisonment. Violating a menthol and flavored 
     tobacco ban would implicate other federal criminal penalties 
     as well. For example, the Federal Cigarette Contraband 
     Trafficking Act would be implicated, allowing up to five 
     years of imprisonment.
       With a criminal legal system that incarcerates Blacks at 
     nearly six times the rate of white Americans and a prison 
     population that is 67 percent Black and Latinx, any 
     prohibition on menthol and flavored tobacco products promises 
     continued over-criminalization and mass incarceration of 
     people of color. A ban on menthol and flavored tobacco 
     products could reintroduce many of

[[Page H1272]]

     the harms imposed by the failed war on drugs as lawmakers 
     work to legalize cannabis and take a public health approach 
     to opioids. A bill criminalizing tobacco is contrary to those 
     efforts. Righting the wrongs of earlier failed drug policy 
     requires consideration of the unintended consequences of 
     well-intentioned policies, especially on the most vulnerable 
     communities. It also requires us to remember that harm 
     reduction, including education and counseling, are what work 
     to reduce usage and harm in our society, not prohibition.


           III. H.R. 2339 Encourages Harmful Police Practices

       Recent history shows us that drug prohibitions and bans 
     increase negative interactions between law enforcement and 
     people of color. The New York Police Department's (NYPD) stop 
     and frisk program resulted in nearly 700,000 stops in 2011, 
     with drugs serving as the alleged pretext for most of those 
     stops. Ninety percent of those stops were of Black and Latinx 
     people. We are concerned that law enforcement's attempts to 
     enforce a menthol and flavored tobacco ban will undoubtedly 
     lead to fines, arrests, and eventual incarceration for those 
     who continue to use and sell menthol and flavored tobacco 
     products. While the legislation was amended at Committee to 
     try to minimize law enforcement practices here, it only 
     applies in the context of federal enforcement of the FD&C 
     Act; it does not govern local enforcement around any state 
     and city prohibition policies that will follow.
       The death of Eric Garner in 2014 generated national 
     attention not only for the brutality he experienced at the 
     hands of NYPD police, but for the reason that led to the 
     encounter with law enforcement. Mr. Garner died from an 
     illegal chokehold having been stopped by police for selling 
     single cigarettes in violation of state law. Gwendolyn Carr, 
     Eric Garner's mother, cautions: ``When you ban a product sold 
     mostly in Black communities, you must consider the reality of 
     what will happen to that very same overrepresented community 
     in the criminal justice system.'' With a federal prohibition 
     on menthol and flavored tobacco products, states will develop 
     their own prohibition and enforcement policies that could 
     result in harmful police practices like that witnessed with 
     Mr. Garner.
       Based on our concerns, we urge you to not impose a blanket 
     ban on menthol and related tobacco products. A prohibition on 
     all menthol and flavored tobacco products will not achieve a 
     public heath goal of reducing smoking among Black people, 
     young people, or others. We hope we can work together to 
     avoid repetitions of policies that are intended to protect 
     youth and communities of color, but instead only further 
     engrain systemic criminalization and racism.
           Sincerely,
       American Civil Liberties Union, Drug Policy Alliance, Law 
     Enforcement Action Partnership, National Action Network, 
     National Association of Criminal Defense Lawyers, National 
     Association of Social Workers, The Center for Popular 
     Democracy.
                                  ____


                   Statement of Administration Policy


      H.R. 2339--Reversing the Youth Tobacco Epidemic Act of 2019

                (Rep. Pallone, D-NJ, and 126 cosponsors)

       The Administration opposes H.R. 2339. The Administration is 
     encouraged by legislative efforts to protect American youth 
     from the harms of addiction and unsafe tobacco products, and 
     it also acknowledges that H.R. 2339 exempts premium cigars, 
     which have comparatively lower youth usage rates, from 
     certain regulatory burdens. Unfortunately, however, this bill 
     contains provisions that are unsupported by the available 
     evidence regarding harm reduction and American tobacco use 
     habits and another provision that raises constitutional 
     concerns. Accordingly, the Administration cannot support H.R. 
     2339 in its current form.
       The Administration cannot support H.R. 2339's 
     counterproductive efforts to restrict access to products that 
     may provide a less harmful alternative to millions of adults 
     who smoke combustible cigarettes. This includes the bill's 
     prohibition of menthol e-liquids, which available evidence 
     indicates are used relatively rarely by youth. It also 
     includes the bill's approach to remote retail sales. At this 
     time, problems surrounding such sales should be addressed 
     through the application of age verification technologies 
     rather than, as this bill would do, prohibiting such sales 
     entirely.
       The Administration is also concerned about the 
     constitutionality of a provision in the bill that prohibits 
     certain advertising practices with respect to electronic 
     nicotine delivery system (ENDS) products. The bill would 
     prohibit marketing and advertising that ``appeals to an 
     individual under 21 years of age.'' This standard may not 
     satisfy the stringent vagueness test applied to regulations 
     of speech under the Constitution's Due Process Clause.
       The Administration is committed to protecting the Nation's 
     youth from the harms of tobacco and has already taken several 
     steps to do so. This includes signing legislation to raise 
     the minimum age of sale for tobacco products to 21. In 
     January 2020, moreover, the Administration issued guidance to 
     prioritize enforcement against the unauthorized marketing of 
     certain ENDS products to youth. And the Food and Drug 
     Administration (FDA) is conducting regular surveillance of--
     and, when appropriate, taking enforcement measures against--
     websites, social media, and other publications that advertise 
     regulated tobacco products.
       The bill takes the wrong approach to tobacco regulation. 
     Rather than continuing to focus on the FDA's Center for 
     Tobacco Products, Congress should implement President Trump's 
     Budget proposal to create a new, more directly accountable 
     agency within the Department of Health and Human Services to 
     focus on tobacco regulation. This new agency would be led by 
     a Senate-confirmed Director and would have greater capacity 
     to respond to the growing complexity of tobacco products and 
     respond effectively to tobacco-related public health 
     concerns.
       If presented to the President in its current form, the 
     President's senior advisors would recommend that he veto the 
     bill.
  Mr. WALDEN. Meanwhile, marijuana products are not covered by the 
bill. Go figure. I urge my colleagues to vote against this legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I respect the ranking member, but I have to say this: 
The notion that somehow the Trump administration is doing anything 
significant to deal with this youth vaping epidemic or tobacco epidemic 
is simply not the case. They are weak-kneed proposals that are not 
going to do anything significant.
  The problem that we have and what this bill is trying to address is 
this: The tobacco companies know that vaping or e-cigarettes are 
basically exempted from most of the restrictions that exist now for 
regular cigarettes. So what do they do? They go and advertise these 
products on TV. They try to convince young people and adults that 
vaping and e-cigarettes are a cessation device, which is simply not 
true.
  The CDC says they are not cessation devices. They hook people; they 
addict people; they contain large amounts of nicotine.
  The flavors that they promote--whether it be menthol, mango, whatever 
it is--make the kids and adults think that these are not tobacco 
products or that these are not products that contain nicotine.
  Then what do the kids do? Sure, we have legislation now, a statute 
that says you can't sell these products to kids under 21, but they go 
online. They buy them online. They don't need an ID for that. Or they 
get some adult to go to the store and buy the e-cigarettes or 
cigarettes for them.
  So, we need this legislation. We need to say that e-cigarettes are 
deemed a tobacco product. They come under the same restrictions for 
advertising and warnings as regular cigarettes. We need to ban online 
sales so that kids cannot go online and buy these things without having 
an ID. We need to ban flavors across-the-board because that is what 
masks the nicotine and makes people think it is okay, that somehow 
these are cessation devices, or even that if you smoke a menthol or 
mango cigarette, somehow that does not contain nicotine and does not 
become addictive.
  Madam Speaker, I urge my colleagues to please vote for this 
legislation. Vote for the kids. It is that important.
  Madam Speaker, I yield back the balance of my time.


                 Request to Add Cosponsors to H.R. 2339

  Mr. PALLONE. Madam Speaker, I ask unanimous consent to add 
Congressman  Michael San Nicolas, the Delegate from Guam, and 
Congressman   Greg Stanton of Arizona, to be added as cosponsors of the 
legislation.
  The SPEAKER pro tempore. The Chair cannot entertain the request of 
the gentleman from New Jersey.
  The gentleman from New York (Mr. Suozzi) and the gentleman from 
Nebraska (Mr. Smith) each will control 22\1/2\ minutes.
  The Chair recognizes the gentleman from New York.
  Mr. SUOZZI. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, every Democrat and every Republican in this Chamber 
recognizes there is a youth vaping epidemic in the United States of 
America. I am sure that every Member of Congress has heard stories 
about millions of middle school and high school students using 
addictive vaping products.
  I became focused on this issue last year when a group of mothers from 
Parents Against Vaping e-cigarettes told me about the stories of 
schools filled with student vaping. I actually spoke to my 16-year-old 
son, and I

[[Page H1273]]

learned just how prevalent vaping has become in the school districts in 
my community and how they are throughout the country.
  We have to act, and we must act now.
  Madam Speaker, this important bipartisan legislation we are 
considering today includes my bipartisan bill, the Protecting American 
Lungs Act, which passed out of the Committee on Ways and Means with 
bipartisan support.
  This bill will establish much-needed tax parity between vaping 
products and cigarettes. It will tax nicotine, a harmful and addictive 
substance, at approximately the same rate, whether you get it from an 
e-cigarette or from traditional cigarettes.
  Importantly, this bill includes an exception for FDA-approved 
nicotine replacement therapies, which means that if a company can prove 
that its product is a legitimate cessation device, then the nicotine 
will not be taxed.
  This bill has the support of over 50 public health, medical, and 
educational organizations, including the American Academy of Nursing, 
the American Academy of Pediatrics, the Cancer Action Network, the 
American Heart Association, the American Lung Association, the American 
Medical Association, and the Campaign for Tobacco-Free Kids.

  These groups agree that one of the best ways we can stop people from 
using vaping products is to tax them. For young people especially, who 
have less money and higher price sensitivity, taxes on these products 
are an effective way to decrease usage. It is proven.
  In fact, according to the Campaign for Tobacco-Free Kids, every 10 
percent increase in the cost of cigarettes leads to a 4 percent overall 
smoking reduction and 7 percent less youth smoking.
  I know that some people raised their voices against this effort. We 
have heard it all before when we fought to raise cigarette taxes in my 
State of New York. Some will say the science is not conclusive yet. 
Some will advocate for free choice. Others will say this is typical 
taxing Big Government.
  When it is all said and done, however, the opposition will come from 
those who put their lucrative nicotine interests ahead of our 
children's health and proven public policy.
  In my home State of New York, despite intense industry opposition, we 
raised cigarette taxes. Because of that, we have some of the Nation's 
lowest rates of smoking and smoking-related illnesses.
  We can save lives with this bill by raising the prices of harmful 
vaping products and decreasing their usage among teenagers. The 
opportunity to stop the youth vaping epidemic is one that we must not 
pass up.
  Madam Speaker, I urge my colleagues to support this legislation, and 
I reserve the balance of my time.
  Mr. SMITH of Nebraska. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, we know that smoking is bad for us. We all agree we 
don't want kids using tobacco or vaping, which is why we came together 
on a bipartisan basis last year to make it hard for kids to access 
these products by raising the legal age to buy them to 21.
  I cosponsored last year's bill to raise the age. Mr. Suozzi was also 
a cosponsor of that bill, and I am glad we got that done.
  The questions we are addressing today from the Committee on Ways and 
Means' perspective, however, are whether we should tax vaping products 
and by how much.

                              {time}  1030

  I am going to vote ``no'' today because we don't have a good answer.
  I will give the sponsor of this proposal credit. They endeavored to 
tax liquid nicotine at a per-unit level comparable to the tax-to-
nicotine ratio of cigarettes, and they appear to have come very close 
to that goal.
  However, tobacco isn't taxed because it contains nicotine. It is 
taxed because we understand the serious health consequences which come 
with smoking or chewing tobacco itself, and those health consequences 
create vast costs for programs like Medicare and Medicaid.
  If we are going to consider taxing vaped nicotine, we first need to 
address the underlying issues, such as the value of vaping as a 
smoking-cessation tool, the relative safety of vaped nicotine versus 
cigarette smoking and what really caused the spate of vaping-related 
illnesses we have seen in the past year. I will start with the easiest 
one first.
  According to the CDC, the vaping-related illnesses can be tied back 
to vitamin E acetate, an oil used in THC vaping, not to the ingredients 
used to vape nicotine. Taxing nicotine does nothing to address vitamin 
E acetate.
  Second, how safe is vaping compared to smoking, and what is its value 
as a smoking-cessation tool?
  The British Journal of Family Medicine found e-cigarettes are 95 
percent safer than traditional smoking, based on the fact most harmful 
chemicals from smoking are not present, and those which are present 
pose a limited amount of danger.
  Another study from Britain's NHS found e-cigarettes were nearly twice 
as likely as nicotine gum or lozenges to help quit long term.
  At the same time, a study from the nonpartisan National Bureau of 
Economic Research found the State of Minnesota's efforts to bring 
parity to the taxation of cigarettes and e-cigarettes actually 
flatlined the State's smoking-cessation trend, while other States which 
didn't raise taxes continued to see smoking decrease.
  Let me say that again. The State of Minnesota's efforts to bring 
parity to the taxation of cigarettes and e-cigarettes actually 
flatlined the State's smoking-cessation trend, while other States which 
did not raise taxes continued to see smoking decrease.
  At the same time, JCT's economists tell us increasing the cost of e-
cigarettes with taxes will cause some people to choose cigarettes over 
e-cigarettes. That is not a choice we should be encouraging people to 
make.
  These are all factors which we could have considered in a bipartisan 
fashion before the Ways and Means Committee marked up this bill had we 
had any hearings whatsoever on vaping or this proposal itself.
  Madam Speaker, we should be open to a conversation about the best way 
to ensure the tax code treats tobacco and e-cigarettes appropriately. 
Rushing this bill through is not the solution.
  I reserve the balance of my time.
  Mr. SUOZZI. Madam Speaker, before I yield to the chairman of our 
committee, I just want to note again that the Protecting American Lungs 
and Reversing the Youth Tobacco Epidemic Act has an exception for FDA-
approved nicotine replacement therapies and has over 50 public health, 
medical, and educational organizations supporting it.
  Madam Speaker, I yield 4 minutes to the gentleman from Massachusetts 
(Mr. Neal), the chairman of the Ways and Means Committee who is just a 
fantastic chairman.
  Mr. NEAL. Madam Speaker, I support H.R. 2339, which will address the 
epidemic of rising youth smoking across the country.
  Importantly, the bill before us today incorporates a proposal 
reported by the Ways and Means Committee that would establish a Federal 
excise tax on nicotine products, including vaping products.
  I thank  Tom Suozzi, who has really done a great job on this, in a 
bipartisan effort, to ensure that e-cigarette products are taxed the 
same as traditional tobacco.
  Studies show that excise taxes reduce both adult and underage 
smoking. In general, every 10 percent increase in the real price of 
cigarettes reduces the number of kids who smoke by 6 to 7 percent and 
reduces overall cigarette consumption by 3 to 5 percent.
  In recognition of the effort that we are making this morning, 
measured by the effectiveness of excise taxes as they reduce youth 
smoking, the World Health Organization recommends that e-cigarettes be 
treated and regulated in the same way as traditional tobacco products.
  The Surgeon General has said that raising prices on cigarettes is 
``one of the most effective tobacco control interventions'' because it 
reduces smoking, particularly among kids.
  With this legislation, we are simply building on what we already know 
works. We are ensuring that nicotine will be taxed at approximately the 
same rate, whether you get it from e-cigarettes or traditional 
cigarettes.
  The revenue that we raise by creating parity here will be reinvested

[[Page H1274]]

into important public health work such as smoking cessation, colorectal 
screening, and increasing access to treatment for people with chronic 
lung disease. Specifically, we will provide needed financial protection 
for Medicare beneficiaries undergoing important colorectal cancer 
screenings.
  I want to thank Representative Payne for leading efforts on this 
commonsense policy that would reduce out-of-pocket costs for seniors to 
access this effective preventative care.
  In addition, H.R. 2339 allows high-deductible health plans to cover 
inhalers and nebulizers for treatment of chronic lung disease. Under 
this provision, patients will receive coverage before reaching their 
deductible and remain eligible for health savings accounts. For 
patients with chronic lung disease, lower cost and easier access to 
these treatments reduces the use of more expensive medical care, 
including hospitalization.
  I thank Mr. Cox and Ms. Sewell for leading on these provisions.
  This legislation will protect our children from significant health 
consequences that come with nicotine addiction, while helping seniors 
and patients with chronic lung disease.
  Madam Speaker, I urge my colleagues to step up this morning and vote 
for this very important measure.
  Mr. SMITH of Nebraska. Madam Speaker, I yield 4 minutes to the 
gentleman from Georgia (Mr. Ferguson).
  Mr. FERGUSON. Madam Speaker, as we stand here today, I look at this 
bill with mixed emotions.
  Like the gentleman from New York, from the Ways and Means Committee, 
I, too, have a 16-year-old son, and we have had discussions about the 
youth vaping epidemic and a real desire to curb--not only curb, but to 
end youth vaping. It is a public health crisis, and we must address it.
  We have done some very important things in this body.
  I heard one speaker, a few minutes ago, say that the President has 
done nothing to address this issue. I think signing into law T21 is a 
very important piece of legislation and a very big step.
  Doing all that we can to end youth vaping and youth use of tobacco is 
important. As a healthcare provider for 25 years, I understand this. 
More importantly, as a father of a teenager, I understand it.
  I have learned in Congress that many times I don't get to vote on the 
bill that I want; I have to vote on the bill that is in front of me, 
and that is just the way it goes here.
  But I will tell you what. This bill makes it almost impossible--as a 
matter of fact, it makes it impossible to do the one thing that we all 
agree on, which is that we need to end youth vaping, because let me 
tell you what this bill does. It goes way beyond that.
  I would be willing to bet that most Americans in the districts of the 
sponsors of these bills don't know everything that these folks are 
about to vote on. I would be willing to bet, as they should, that they 
have communicated to the constituents back home that they are attacking 
youth vaping. That is a solid, solid thing to do. But what I bet that 
they haven't done is tell them what else they are about to do.
  The gentleman from Oregon, the ranking member on the Committee on 
Energy and Commerce, in the previous section of this debate held up a 
poster with many of the products that are about to be banned. I bet 
most Americans don't know that that is coming, and I think that they 
should know. I think it should be part of this discussion.
  I think it is outrageous that this body, once again, is going to try 
to tell the American people what they can have and what they can't 
have.
  They are not banning tobacco; they are only banning choices.
  They are not taxing high-end tobacco; they are taxing low-end 
tobacco.
  They are not taxing high-end cigars; they are taxing the cigars that 
the working class, the men and women out there that are on the lines 
every day, the ones that they are using.
  What I find that is just absolutely remarkable on this is that they 
are not even looking at this in a comprehensive fashion to deal with 
another important part of vaping, and that is with marijuana and 
vitamin E acetate.
  I think that if we are going to go down this road and have the 
discussion about youth vaping, why are we not including flavored 
marijuana in this bill? It is a real question.
  Look at where the lung damage is occurring--not the addiction, but 
let's look at where the actual tissue damage occurs. It is coming from 
the vitamin E acetate that is associated with THC in these pods, and 
yet we are not touching that piece of it.
  As a matter of fact, the chairman of the Energy and Commerce 
Committee, in the Rules Committee the other night, actually indicated 
that this was not necessarily a youth vaping bill but, in fact, a 
tobacco bill. Well, I was proud that he, at least at that point, told 
the truth on that part.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. SMITH of Nebraska. Madam Speaker, I yield the gentleman from 
Georgia an additional 2 minutes.
  Mr. FERGUSON. Again, what this bill does is it goes after Americans' 
choice. You may not think that they should use tobacco--we can 
acknowledge the health risk associated with it--but it is not Congress' 
job to make that decision for adults, for the American voter.
  We have seen a consistent pattern of this. We have seen it time and 
time again, whether it was from a mayor in a large city like New York 
telling Americans what size Coke or soft drink they could have to 
something as outrageous as my friends on the other side of the aisle 
trying to tell the American voter who the President should be through 
the impeachment process. Now they are going to tell them what kind of 
tobacco they can use. It goes on and on and on and on.
  And do you know what? If we continue down this path, it really does 
start to look and smell and sound just like socialism. I don't think 
that is right for this country, and we should fight back against it.
  Mr. SUOZZI. Madam Speaker, I just want to point out to my good friend 
from Georgia that the tax does not exempt premium cigars in any way 
whatsoever.
  Madam Speaker, I yield 4 minutes to the gentleman from Oregon (Mr. 
Blumenauer), a senior member of the Ways and Means Committee and chair 
of the Trade Subcommittee.
  Mr. BLUMENAUER. Madam Speaker, I appreciate the gentleman's courtesy, 
and I appreciate his leadership on this issue.
  I have listened to my friends on the other side of the aisle, and I 
am saddened that they somehow feel that this is boiling down to some 
sort of notion of choice, discrimination against African Americans.
  Let's get a grip here. The cigarette is the only product which, if 
used as directed, will kill you. That is why Big Tobacco has become a 
genius at marketing. They have to replace their customers that they 
kill every day by the thousands.
  That is why they are looking at being able to hook, especially, young 
people who are more impressionable, and they will smoke longer if they 
are addicted.
  That is how they hooked my father. He was part of the GIs in the 
Pacific who got free cigarettes and became addicted. It killed him.
  This is the latest chapter in this insidious marketing juggernaut.
  I am sorry, it is not discrimination against African Americans who 
somehow have a genetic predisposition toward menthol flavoring. That is 
the result of tactics by Big Tobacco, by using advertising, politics, 
culture to target this population, and it has been successful. Their 
use is much higher than the general population.
  Dealing with vaping and e-cigarettes is the latest chapter in that 
recruitment that they have to replace the customers who die.
  Well, I would suggest that, first and foremost, it is widely 
understood that taxation is the single most effective mechanism to 
discourage use, especially for young people. We are doing it in this 
legislation, and it is important.
  Now, I have heard my friends on the other side of the aisle, my good 
friend from Oregon, holding up two charts, products that will be 
illegal, that are widely available now, and then talking about cannabis 
products and that there is no regulation.

                              {time}  1045

  Well, that is because we have failed to actually deal with regulating 
cannabis. That is like regulating flavored

[[Page H1275]]

heroin. When we tax and regulate cannabis--and we have legislation that 
has passed out of the Judiciary Committee that would enable us to have 
regulation. The Commerce Committee is looking at being able to 
research, but we are prohibited by outmoded Federal law from actually 
being able to research this.
  The challenge that we have now is to be able to move forward, to be 
able to protect young people and the public.
  Cannabis is a red herring. If we tax and regulate it, then we can 
deal with the products they are talking about. But unless and until, as 
two-thirds of the States have done, we actually tax and regulate it, we 
can't deal with that. That doesn't matter.
  But today we can do something. Today, we can move this legislation 
forward to protect young people, to have a reasonable tax mechanism, to 
be able to finally strike a blow against the Big Tobacco marketing 
juggernaut that is e-cigarettes and flavored tobacco.
  I strongly urge support of this legislation. I appreciate what has 
been done going forward. We should not fall for the phony argument that 
somehow because we haven't regulated cannabis, we haven't solved the 
problem.
  Mr. SMITH of Nebraska. Madam Speaker, I yield 2 minutes to the 
gentlewoman from West Virginia (Mrs. Miller).
  Mrs. MILLER. Madam Speaker, I rise in opposition to the legislation 
before us, because today my colleagues across the aisle are trying to 
tax people who want to quit smoking. It is cut and dried. That is the 
issue, and it is just plain wrong.
  I commend this House for the advances we have made this year when it 
comes to addressing youth nicotine use. Up until this point, we have 
already raised the purchasing age of tobacco products to 21 years old. 
We have already increased age verification standards for the online 
sales of e-cigarettes, and we are continuously performing oversight 
over vaping-associated lung injuries. These are serious actions to 
address serious problems.
  But this bill before us today completely misses the mark and punishes 
the very people who should be supported. Give me a break.
  Studies show that taxing vaping products increases cigarette use, not 
inhibits it. And further, this doesn't even address the root of vaping-
related lung injuries, because the supporters of this bill remain 
silent--silent--on black market THC products.
  Federal health officials recently reported a case study that found 95 
percent of vaping-related injuries were caused by using these illicit 
products. This is the real problem.
  Instead of overregulating this industry and overburdening taxpayers 
trying to take control of their healthcare, I request that my 
colleagues vote against H.R. 2339.
  Mr. SUOZZI. Madam Speaker, I just want to note again that the 
bipartisan Protecting American Lungs Act, again, has over 50 public 
health, medical, and educational organizations supporting it.
  Madam Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. 
Danny K. Davis), another senior member of the Ways and Means Committee, 
the chairman of the Subcommittee on Worker and Family Support, and my 
good friend.
  Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I want to thank the 
gentleman from New York for yielding and for his leadership on this 
issue.
  You know, I have never appreciated being discriminated against, but I 
have always been told that if you fool me once, shame on you; fool me 
twice, shame on me.
  And there is one thing that we do know. We know from evidence-based 
research that tobacco products that are smoked, inhaled, or chewed, 
have no measurable health benefits. Tobacco product usage is still one 
of the leading causes of preventable death in the United States, 
resulting in an estimated 480,000 lives each year.
  Cigarette usage is still declining in the United States. Some 
analysts have reported that 34 million American adults smoke cigarettes 
on a regular basis, and there are 1.2 million American middle and high 
school students who smoked cigarettes in the last 30 days. According to 
the Centers for Disease Control and Prevention, 8.1 million American 
adults used e-cigarettes every day or some days in 2018, and about 5.4 
million American middle and high school students have used an e-
cigarette in the last 30 days.
  I support H.R. 2339, Protecting American Lungs and Reversing the 
Youth Tobacco Epidemic Act of 2020. This bill would stop the 
manufacturing and use of fruity and flavored tobacco products in all 
electronic nicotine delivery systems that are battery operated 
containing nicotine and other chemicals.
  In addition, this legislation would provide grants to community 
health workers and educational awareness to cessation programs for 
tobacco.

  Madam Speaker, I urge my colleagues to vote for this bill.
  Mr. SMITH of Nebraska. Madam Speaker, I yield 4 minutes to the 
gentleman from Kansas (Mr. Estes).
  Mr. ESTES. Madam Speaker, I rise today in opposition to H.R. 2339.
  I want to be clear from the outset, we need to find ways to keep 
vaping and tobacco products out of the hands of children and teenagers, 
including legal products that contain nicotine, as well as the black 
market products that contain THC and which have contributed to an 
alarming number of health concerns and deaths, including two in my home 
State of Kansas.
  In recent months, these deaths have rightly attracted national 
attention and scrutiny, but the bill before us today is not the right 
solution to address this troubling situation.
  Instead of following regular order, the tax title of this legislation 
did not have a hearing prior to markup in the Ways and Means Committee. 
I believe our constituents deserve to know about the impacts of vaping 
and the direct causes of recent deaths before we consider a $10 billion 
tax hike.
  In addition, the substance of this legislation is technically flawed. 
While the bill is titled the ``Protecting American Lungs and Reversing 
the Youth Tobacco Epidemic Act,'' it does nothing to address youth 
access to tobacco.
  Congress has already raised the legal age of tobacco and nicotine 
consumption to 21 in December of last year. Because of this action, it 
seems that the only purpose of this legislation is to eliminate choice 
of millions of law-abiding adults.
  The tax chapter of this legislation defines ``taxable nicotine,'' not 
vaping. This targets other legal nicotine products that are unrelated 
to vaping. A better solution would have been to use the FDA's 
definition of Electronic Nicotine Delivery Systems, or ENDS.
  Additionally, this legislation taxes nicotine on the basis of weight. 
It would have been more appropriate and technically easier to tax 
vaping on the basis of milliliters, just as Kansas has done, as vaping 
products are sold as liquids.
  Instead of targeting black market products, the bill levies a nearly 
$10 billion tax on American consumers of these legal products, which 
medical journals have found to be 95 percent safer than cigarettes.
  This nicotine tax does not reflect the harm of vapor products related 
to traditional tobacco products. Instead it taxes vaping at a higher 
level per unit than traditional combustible tobacco products, which may 
encourage adults to transition back to cigarettes.
  Both the CDC and the FDA have acknowledged that the outbreak of lung 
illnesses and deaths are mostly attributable to illicit marijuana and 
THC in vaping, which are not addressed at all in this bill.
  The bill appears to be primarily a massive money grab and another 
step towards an outright tobacco ban rather than a solution to a very 
real health crisis.
  I look forward to working to address the crisis, but I urge my 
colleagues today to vote against this bill.
  Mr. SUOZZI. Madam Speaker, I include in the Record an analysis by the 
Campaign for Tobacco Free Kids, showing that e-cigarette use is 
dramatically higher among high school and middle school students than 
amongst adults.

                      Action Needed: E-Cigarettes

       Since their introduction in 2008, e-cigarettes have become 
     both ubiquitous and an increasing source of public policy 
     concern and debate. This concern stems primarily from drastic 
     increases in youth e-cigarette use. The most recent data show 
     that 27.5% of high schoolers are using these products--a rate 
     of youth tobacco product use not seen in nearly two decades. 
     The public health community, parents and educators are 
     shocked and worried to find their children and students using 
     these products at home and even

[[Page H1276]]

     in class. Young people are reporting severe signs of 
     dependence, including using e-cigarettes when they first wake 
     up, inability to concentrate in the classroom without using 
     an e-cigarette, and even waking in the night to get a 
     nicotine fix.
       We have known for decades that youth in particular should 
     not be exposed to nicotine because it changes brain chemistry 
     to create a stronger addiction, can lead to memory and 
     concentration problems, and can make youth who use it more 
     susceptible to addiction to other substances. Research also 
     suggests that young people who use e-cigarettes are four 
     times more likely to go on to smoke combustible cigarettes.
       E-cigarettes are now threatening to undo all the progress 
     that the public health community and government have made 
     over decades to reduce cigarette smoking. Indeed, the surgeon 
     general raised the alarm by issuing an advisory declaring a 
     youth e-cigarette epidemic in December 2018. Since then, data 
     show that more and more youth continue to use e-cigarettes. 
     And this isn't just experimental or occasional use--it's 
     regular use likely driven by addiction. The most recent 
     National Youth Tobacco Survey data show that 34.2% of current 
     high school e-cigarette users use them on 20 days or more per 
     month.
       Conversely, as the youth e-cigarette epidemic has continued 
     unabated, we have seen adults, and especially older smokers, 
     simply reject the product. In 2014, the first year that the 
     National Health Interview Survey measured adult use of e-
     cigarettes, 3.7% of adults used the product in the last 30 
     days. In 2018, the adult usage remained low, at 3.2%, and was 
     largely driven by young adult users (7.6%), who have matured 
     during the youth e-cigarette epidemic. While some adults have 
     switched completely to e-cigarettes from combustible 
     cigarettes, the predominant pattern among adult users 
     continues to be e-cigarette use in conjunction with smoking. 
     This ``dual use,'' however, provides no reduction in the 
     harms associated with smoking.
       As youth use continues to rise, the science around the 
     potential harms of e-cigarettes has grown. Studies show that 
     e-cigarettes produce lower amounts, but are not free from the 
     toxins found in cigarettes. At the same time, flavoring 
     compounds and other ingredients may be producing their own 
     unique harms. Recent studies demonstrate the harms e-
     cigarettes pose to the respiratory system. Similarly, new 
     studies show e-cigarettes may present unique threats to 
     cardiovascular health. It continues to be nearly impossible 
     to make generalized statements about the potential harms and 
     benefits of the overall category of e-cigarettes due to the 
     incredible variation in hardware design and ingredients. 
     Moreover, as industry executives themselves have 
     acknowledged, we simply do not know the long-term health 
     impacts of e-cigarette use. It took us many decades to 
     understand the toxicity of cigarettes, and, even today, we 
     are discovering new ways in which they harm health.
       Simply put, the data show that e-cigarettes as they are 
     currently sold and regulated in the United States are 
     overwhelmingly a vehicle for youth initiation, not adult 
     cessation. E-cigarettes expose kids--who otherwise never 
     would have been--to nicotine and put them at risk for both 
     long- and short-term health consequences.


              THE POSITION OF TRUTH INITIATIVE 

       Truth Initiative has maintained that there may be some 
     possible public health benefit from properly regulated e-
     cigarettes, provided manufacturers can demonstrate that the 
     products can help adults quit smoking combustible cigarettes 
     safely and completely. However, no e-cigarette has been 
     approved for smoking cessation and no e-cigarette has gone 
     through the rigorous scientific review necessary to determine 
     whether it actually does help smokers to quit. Furthermore, 
     any public health benefit from e-cigarettes for smokers must 
     be weighed against the incredibly high youth use of e-
     cigarettes and the fact that there are currently no 
     significant marketing restrictions on these products. Without 
     a significant change in regulatory approach, it is unlikely 
     that e-cigarettes will contribute to the overall benefit of 
     public health.

  Mr. SUOZZI. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Cox), a good friend and leader on this important issue 
to reduce cost for Americans with chronic lung disease and asthma.
  Mr. COX of California. Madam Speaker, I rise today to applaud the 
inclusion of my bipartisan bill, the Inhaler Coverage and Access Now 
Act, the I CAN Act, into H.R. 2339, the Protecting American Lungs and 
Reversing the Youth Tobacco Epidemic Act of 2020.
  The I CAN Act is about commonsense prevention and investing in 
consistent treatment to avoid expensive care later down the road. Moms 
and dads shouldn't have to choose between paying their mortgage or 
paying their rent or buying an inhaler for their kids. No one should 
have to make that choice. The I CAN Act allows you to access inhalers, 
whether or not you have reached your deductible. For so many families, 
this removes a critical cost barrier for the care they need and 
deserve.
  Like so many preventive medicines and procedures, inhalers actually 
save patients, hospitals, and insurers money by cutting down on 
hospitalizations and medical emergencies before they start. As we all 
know, an ounce of prevention is worth a pound of cure.
  Today, the annual cost of asthma in the United States is more than 
$56 billion. Why is that? That is because of the 1.8 million emergency 
room visits which could have been avoided if people had the inhalers 
they needed.
  But worse yet are the 3,300 deaths from asthma each year. And these 
deaths were preventable. Let me say that again: These deaths were 
preventable. And in the richest country in the world, it is an outrage 
that anyone dies because they cannot get the medicine they need. We 
need to make treatment accessible, and this bill does just that.
  For so many families, our friends and our coworkers, asthma medicine 
is lifesaving, and many will pay whatever it takes to get the drugs 
they need.
  Naturally, Big Pharma knows this, and they have taken advantage of 
that. For example, albuterol, one of the oldest asthma medicines, 
typically costs $50 to $100 per inhaler in the U.S. Less than a decade 
ago, it was $15. Then the manufacturer made some small changes, 
repatented it, and raised the price by 600 percent. That is price 
gouging. And while it might be good for the drug company's bottom 
lines, it is bad medicine for America.
  I represent California's 21st Congressional District in the San 
Joaquin Valley, which has the worst air basin in the Nation. And to 
make matters worse, many of our rural communities have faced extreme 
challenges when accessing asthma care.
  For my constituents and for patients across the country with asthma, 
it was a major priority for me to introduce the I CAN Act, to remove 
barriers and increase access to inhalers by providing patients with the 
coverage for inhaler medication.
  I want to thank the Ways and Means Committee and the Energy and 
Commerce Committee for taking the necessary action to protect the 
health of America's children.
  We can pass the I CAN Act to make inhalers available to everyone. We 
can prevent youth tobacco use. We can address the youth e-cigarette 
epidemic. We can, with our vote today, show we care, and we can act to 
improve the health of our young people.
  I urge my colleagues to support H.R. 2339.
  Mr. SMITH of Nebraska. Madam Speaker, I include in the Record 10 
letters in opposition to H.R. 2339.
  The first letter is from a group of letter-writers that would include 
the Drug Policy Alliance, the Law Enforcement Action Partnership, the 
National Action Network, the National Association of Criminal Defense 
Lawyers, the National Association of Social Workers, the Center for 
Popular Democracy, and the American Civil Liberties Union.
  Other letters come from the National Taxpayers Union, Freedom Works, 
R Street Institute, Citizens Against Government Waste, and the National 
Association of Convenience Stores.

                                        Monday, February 24, 2020.
     Re Coalition Concerns with Blanket Prohibition on Menthol and 
         Other Flavored Tobacco within H.R. 2339, Reversing the 
         Youth Tobacco Epidemic Act.

     Hon. Frank Pallone,
     Chairman, House Committee on Energy and Commerce, Washington, 
         DC.
       The undersigned civil rights and civil liberties 
     organizations write to express concerns with a broad 
     prohibition on menthol and other flavored tobacco products 
     within H.R. 2339, the Reversing the Youth Tobacco Epidemic 
     Act of 2019. While this legislation is a well-intended effort 
     to address health issues associated with tobacco use among 
     youth, we have concerns that a blanket prohibition on menthol 
     and other flavored tobacco products, which will apply to 
     adults, will (1) disproportionately impact people and 
     communities of color; (2) trigger criminal penalties, 
     prioritizing criminalization over public health and harm 
     reduction; and (3) instigate unconstitutional policing and 
     other negative interactions with local law enforcement.


I. H.R. 2339 Disproportionately Impacts People and Communities of Color

       Of adults, approximately 80 percent of Blacks and 35 
     percent of Latinx who choose to smoke prefer menthol 
     cigarettes. Thus, any ban on menthol cigarettes will 
     disproportionately affect people of color. While H.R. 2339 
     and similar legislation are often motivated by the desire to 
     decrease and

[[Page H1277]]

     eliminate smoking among certain populations, Blacks and other 
     people of color should not disproportionately bear the brunt 
     of enforcement of such prohibitions, which a menthol ban 
     would ensure.
       Similarly, enforcement of a ban on flavored cigars will 
     also disproportionally impact people of color given cigar 
     preferences. Black adults are 60% of cigarillo and non-
     premium cigar smokers, with these products often flavored. 
     Additionally, at Committee markup, H.R. 2339 was amended to 
     exempt certain traditional, expensive cigars from a 
     prohibition of online tobacco sales. There is no 
     justification for differentiating a La Palina from a Black 
     and Mild. Making this distinction undermines the public 
     health arguments made for this bill and suggests that some 
     tobacco preferences, within certain communities, will be 
     prioritized and protected over others.


     II. H.R. 2339 Increases Criminal Penalties Over Public Health

       H.R. 2339 prohibits menthol and other flavored tobacco 
     products under the Food, Drug, and Cosmetic Act (FD&C Act). 
     This prohibition criminalizes the manufacturing, importing, 
     distributing, or selling of menthol and other flavored 
     tobacco products under the FD&C Act, imposing up to three 
     years of imprisonment. Violating a menthol and flavored 
     tobacco ban would implicate other federal criminal penalties 
     as well. For example, the Federal Cigarette Contraband 
     Trafficking Act would be implicated, allowing up to five 
     years of imprisonment.
       With a criminal legal system that incarcerates Blacks at 
     nearly six times the rate of white Americans and a prison 
     population that is 67 percent Black and Latinx, any 
     prohibition on menthol and flavored tobacco products promises 
     continued overcriminalization and mass incarceration of 
     people of color. A ban on menthol and flavored tobacco 
     products could reintroduce many of the harms imposed by the 
     failed war on drugs as lawmakers work to legalize cannabis 
     and take a public health approach to opioids. A bill 
     criminalizing tobacco is contrary to those efforts. Righting 
     the wrongs of earlier failed drug policy requires 
     consideration of the unintended consequences of well-
     intentioned policies, especially on the most vulnerable 
     communities. It also requires us to remember that harm 
     reduction, including education and counseling, are what work 
     to reduce usage and harm in our society, not prohibition.


           III. H.R. 2339 Encourages Harmful Police Practices

       Recent history shows us that drug prohibitions and bans 
     increase negative interactions between law enforcement and 
     people of color. The New York Police Department's (NYPD) stop 
     and frisk program resulted in nearly 700,000 stops in 2011, 
     with drugs serving as the alleged pretext for most of those 
     stops. Ninety percent of those stops were of Black and Latinx 
     people. We are concerned that law enforcement's attempts to 
     enforce a menthol and flavored tobacco ban will undoubtedly 
     lead to fines, arrests, and eventual incarceration for those 
     who continue to use and sell menthol and flavored tobacco 
     products. While the legislation was amended at Committee to 
     try to minimize law enforcement practices here, it only 
     applies in the context of federal enforcement of the FD&C 
     Act; it does not govern local enforcement around any state 
     and city prohibition policies that will follow.
       The death of Eric Garner in 2014 generated national 
     attention not only for the brutality he experienced at the 
     hands of NYPD police, but for the reason that led to the 
     encounter with law enforcement. Mr. Garner died from an 
     illegal chokehold having been stopped by police for selling 
     single cigarettes in violation of state law. Gwendolyn Carr, 
     Eric Garner's mother, cautions: ``When you ban a product sold 
     mostly in Black communities, you must consider the reality of 
     what will happen to that very same overrepresented community 
     in the criminal justice system.'' With a federal prohibition 
     on menthol and flavored tobacco products, states will develop 
     their own prohibition and enforcement policies that could 
     result in harmful police practices like that witnessed with 
     Mr. Garner.
       Based on our concerns, we urge you to not impose a blanket 
     ban on menthol and related tobacco products. A prohibition on 
     all menthol and flavored tobacco products will not achieve a 
     public heath goal of reducing smoking among Black people, 
     young people, or others. We hope we can work together to 
     avoid repetitions of policies that are intended to protect 
     youth and communities of color, but instead only further 
     engrain systemic criminalization and racism.
           Sincerely,
       American Civil Liberties Union, Drug Policy Alliance, Law 
     Enforcement Action Partnership, National Action Network, 
     National Association of Criminal Defense Lawyers, National 
     Association of Social Workers, The Center for Popular 
     Democracy.
                                  ____



                                     National Taxpayers Union,

                                                February 25, 2020.
       National Taxpayers Union urges all Representatives to vote 
     ``NO'' on H.R. 2339, the ``Protecting American Lungs and 
     Reversing the Youth Tobacco Epidemic Act'' of 2020. This 
     disastrous legislation would significantly raise taxes and 
     limit the ability for cigarette smokers to transition to less 
     harmful vapor and e-cigarette products.
       As written, H.R. 2339 contains one of the largest tax 
     increases considered by the 116th Congress to date. This 
     legislation would levy a new excise tax on nicotine contained 
     in vaping products to match the rate of the federal cigarette 
     excise tax and could raise nearly $10 billion, according to 
     CBO. It's a significant tax hike that will severely harm 
     consumers and small business owners. While there is likely to 
     be harm to the economic health of the country, there would 
     also be damage to the health of adults transitioning away 
     from deadly cigarettes. According to a study published by the 
     National Bureau of Economic Research, taxing vapor products 
     at the same rate as traditional cigarettes would deter 
     approximately 2.75 million Americans from kicking their 
     habit. In other words, tax policy alone could make it less 
     likely that millions of Americans make choices that would 
     improve their health.
       It is particularly concerning that this legislation 
     prohibits all flavors of tobacco products, including menthol. 
     In their attempts to quit, adult tobacco smokers typically 
     start with tobacco-flavored e-liquid, but research indicates 
     many end up switching to other flavors that this legislation 
     would prohibit. Cracking down on legal-age buyers of flavored 
     e-cigarettes will limit access to less harmful alternatives 
     that could potentially save hundreds of thousands of lives 
     each year. Blanket prohibitions are seldom successful and 
     often lead consumers to untaxed and unregulated black markets 
     to access products.
       These devastating provisions completely disregard the 
     benefits vapor products have as an important cigarette 
     cessation tool. Vapor products still allow users to consume 
     nicotine, but avoid the traditional combustion of cigarettes, 
     which contain toxins and other dangerous chemicals. Some 
     government studies have found that e-cigarettes are 95 
     percent safer than traditional tobacco products and can be as 
     much as twice as effective as gum or patches to help users 
     quit. Smoking is a high-risk activity and providing smokers 
     with a way to consume nicotine in a safer way is a large 
     public health benefit, increasing life expectancy and 
     reducing mortality.
       Roll call votes on H.R. 2339 will be heavily-weighted in 
     NTU's annual Rating of Congress and a ``NO'' vote will be 
     considered the pro-taxpayer position.
                                  ____



                                                 FreedomWorks,

                                                February 26, 2020.

             Key Vote No on the Quit or Die Act, H.R. 2339

       On behalf of FreedomWorks' activist community, I urge you 
     to contact your representative and ask him or her to vote NO 
     on the ``Protecting American Lungs and Reversing the Youth 
     Tobacco Epidemic Act,'' H.R. 2339. This bill is nothing short 
     of an assault on the vaping industry, which provides smokers 
     with a method of harm reduction that is 95 percent safer than 
     traditional, combustible cigarettes. The message House 
     Democrats are sending with H.R. 2339 is that Americans who 
     want to kick the habit through vaping should either ``quit or 
     die.''
       H.R. 2339 would outright ban online sales of flavored 
     vaping products, and ban the flavors themselves. The bill 
     would also require graphic health warnings on tobacco 
     packaging. This is nanny state governance at its worst.
       Despite the bill's wildly misleading short title, it will 
     not, in fact, do anything to combat youth usage of tobacco 
     products. What it will do is make it more difficult for adult 
     smokers to quit on their own terms. This bill prohibits the 
     use of any and all characterizing flavors of tobacco 
     products, including menthol. It's important to note this is 
     not limited to e-cigarettes. Traditional menthol cigarettes 
     would become illegal if this bill were made law.
       The sponsors of H.R. 2339, Reps. Frank Pallone (D-N.J.) and 
     Donna Shalala (D-Fla.), have put a stark choice before 
     smokers in the United States: quit or die. Studies have shown 
     that e-cigarettes are both 95 percent less harmful than 
     traditional cigarettes and a more effective means of 
     quitting. H.R. 2339 takes that option entirely off the table. 
     Under this legislation, if smokers cannot quit cold turkey, 
     they are left to suffer the crippling medical consequences on 
     their own.
       This bill also presents a variety of First Amendment 
     concerns. It would require tobacco companies to provide 
     graphic health warnings on their packaging. This is compelled 
     commercial speech by the government, something that's been 
     ruled unconstitutional a number of times. The late Supreme 
     Court Justice Lewis Powell set forth a test for government 
     regulation of commercial speech. The two prongs were that in 
     order to be regulated, the existing labeling must actively be 
     misleading and there must be a substantial government 
     interest involved. The Pallone-Shalala bill fails both tests.
       Furthermore, this bill greatly increases the Food and Drug 
     Administration's (FDA) authority to regulate this space. The 
     FDA would have the ability to hand down even more stringent 
     regulations on the sale of existing products and collect fees 
     or taxes on them. This is an unacceptable growth of an 
     unelected bureaucratic agency.
       Amusingly, this package contains a provision that would 
     require a study to be conducted on the effects of e-
     cigarettes. This is a clear admission by the drafters of this 
     legislation that they not only ignored the medical research 
     surrounding vaping but that they also have no intention of 
     doing so before they wholesale ban an entire category of 
     products.

[[Page H1278]]

       H.R. 2339 also includes the text of H.R. 4742. This aspect 
     of the bill would impose a new excise tax on nicotine used in 
     vaping, at a rate of $50.33 per 1,810 milligrams or at a 
     proportional rate. The Congressional Budget Office projects 
     that H.R. 4742 would increase tax revenues by nearly $10 
     billion over ten years. Obviously, this bill is aimed at 
     deterring people from vaping by increasing the costs, which 
     will be passed along to the consumer at the point of sale.
       This kind of excise tax typically impacts lower-income 
     individuals. The National Center for Biotechnological 
     Information notes, ``In 2013, the prevalence of smoking among 
     US adults living at or below the US Census poverty threshold 
     was 80% greater than that of those living above the poverty 
     line (33.8% compared to 18.7%). This elevated prevalence is 
     in part due to the reality that compared to more advantaged 
     smokers, over time disadvantaged smokers have a lesser 
     likelihood of quitting.''
       We find it peculiar that House Democrats, who have so 
     frequently relied on class warfare rhetoric to push a 
     socialist agenda, have sought to protect the state and local 
     tax (SALT) deduction--which overwhelmingly benefits higher-
     income earners in high-tax states like California, New 
     Jersey, and New York--but are so willing to hit lower-income 
     individuals with such a regressive tax. We find the hypocrisy 
     palpable.
       Because H.R. 2339 creates new prohibitions on certain 
     activities--including banning menthol and other flavors--it 
     opens up the possibility of criminal penalties under the 
     Food, Drug, and Cosmetic Act (21 U.S.C. 333) and the Federal 
     Cigarette Contraband Trafficking Act (18 U.S.C. 2344). In 
     short, individuals who participate in this behavior could be 
     exposed to fines and prison time.
       FreedomWorks will count the vote on H.R. 2339 on our 2020 
     Congressional Scorecard and reserves the right to score any 
     related votes. The scorecard is used to determine eligibility 
     for the FreedomFighter Award, which recognizes Members of the 
     House and Senate who consistently vote to support economic 
     freedom and individual liberty.
           Sincerely,
                                                     Adam Brandon,
     President, FreedomWorks.
                                  ____



                                                     R Street,

                                Washington, DC, February 25, 2020.
       Dear Speaker Pelosi, Minority Leader McCarthy and Members 
     of the House of Representatives: The R Street Institute--a 
     nonprofit, nonpartisan public policy research organization 
     focused on pragmatic solutions to policy challenges--has a 
     number of concerns with H.R. 2339, the ``Reversing the Youth 
     Tobacco Epidemic Act of 2019.'' We recognize that preventing 
     non-smoking young people from establishing both e-cigarette 
     and combustible cigarette use is vital to the future health 
     of the population. However, it is important to recognize that 
     smoking is the leading cause of preventable death in the 
     United States, and we must continually evaluate the available 
     strategies for decreasing tobacco-related morbidity and 
     mortality. E-cigarettes provide such a strategy.
       Undoubtedly, the youth use trend is cause for concern and 
     continued investigation. However, this cannot be the only 
     measure of the effect of e-cigarettes on population health. 
     Based on the body of research as a whole, we urge the 
     committee to consider pursuing policies that reflect the 
     short- and long-term population health impact of e-cigarettes 
     relative to the known harms of combustible cigarettes.


      E-cigarettes are a harm reduction and smoking cessation tool

       The best available science indicates e-cigarettes are not 
     likely to exceed 5 percent of the harm associated with 
     combustible cigarettes, a conclusion supported by both Public 
     Health England and recently the National Academies of 
     Sciences, Engineering and Medicine. Also, like traditional 
     nicotine replacement therapies, e-cigarettes do not produce 
     environmental tobacco smoke that harms bystanders. It is 
     estimated that e-cigarettes have the potential to save up to 
     6 million lives by 2100 if only 10 percent of current smokers 
     switch to e-cigarettes in the next 10 years.
       Many experts recognize that e-cigarettes present a reduced 
     risk because they do not employ the traditional cigarette 
     combustion process that releases around 7,000 chemicals--some 
     of which are highly carcinogenic. For this reason, one such 
     expert, former FDA commissioner Scott Gottlieb, has made 
     reduced-risk products like e-cigarettes central to the FDA's 
     roadmap:
       While it's the addiction to nicotine that keeps people 
     smoking, it's primarily the combustion, which releases 
     thousands of harmful constituents into the body at dangerous 
     levels that kills people. This fact represents both the 
     biggest challenge to curtailing cigarette addiction--and also 
     holds the seeds of an opportunity that's a central construct 
     for our actions. E-cigarettes may present an important 
     opportunity for adult smokers to transition off combustible 
     tobacco products.
       Although there are a number of pharmaceutical products that 
     can help smokers quit, it is important to remember that it is 
     not only nicotine dependence that makes quitting combustible 
     cigarettes difficult. For some, smoking offers stress relief, 
     comradery or other psycho-social pleasure, and some even 
     consider it a component of their identity. This often makes 
     the physical act of smoking just as difficult to quit as the 
     nicotine. Unlike the FDA-approved methods of smoking 
     cessation, e-cigarettes do not force a smoker to forgo the 
     secondary pleasure they get from the act of smoking while 
     they are adjusting to the physiological effects of decreased 
     nicotine.
       Indeed, e-cigarettes have quickly become the number one 
     quit tool in many parts of the world, allowing an untold 
     number of smokers to quit cigarettes. Public health modeling 
     has suggested that e-cigarettes are contributing to more 
     rapid declines in smoking rates than were seen in previous 
     years. In the United States and the United Kingdom e-
     cigarettes have outpaced traditional quit methods 
     (varenicline, nicotine replacement therapies and counseling) 
     and demonstrate a higher degree of success. Furthermore, in a 
     randomized trial, smokers who used e-cigarettes as a 
     cessation device achieved sustained abstinence at roughly 
     twice the rate of smokers who used nicotine replacement 
     therapy.


    Flavors help smokers transition away from combustible cigarettes

       The availability of non-tobacco flavors also assists 
     smokers with the transition away from combustible cigarettes. 
     The International Journal of Environmental Research and 
     Public Health reports that limitations in flavor choices 
     negatively impact user experience. About 40 percent of former 
     and current adult smokers predict that removing their ability 
     to choose flavors would make them less likely to remain 
     abstinent or attempt to quit. In fact, data suggests that 
     current smokers are partial to the flavor of traditional 
     tobacco, while fruit and sweet flavors are preferred by 
     former smokers, indicating a correlation between flavors and 
     sustained abstinence from combustible cigarettes.
       Moreover, it has recently been demonstrated that e-
     cigarette users who use non-tobacco flavors, including 
     menthol and non-menthol (fruit, sweet, dessert) flavors are 
     more likely to completely switch from combustible cigarettes 
     than those who choose tobacco flavors. Flavored e-liquids are 
     yet another way that e-cigarettes can help smokers 
     disassociate combustible cigarettes--and the characteristic 
     flavor--from their pleasurable effects.
       Although many organizations and leaders suggest flavors 
     attract young people to e-cigarettes, the 2019 National Youth 
     Tobacco Survey casts doubt on that assertion. Among middle 
     school and high school students, the most commonly endorsed 
     reason for using e-cigarettes was ``I was curious about 
     them.'' Overall, 53 percent of students surveyed indicated 
     curiosity as a reason they use e-cigarettes. The second most 
     common reason for use was if a student's friend or family 
     member used e-cigarettes. With just 22 percent of students 
     endorsing availability of flavors as a reason for vaping, it 
     is clear that social factors, not flavors, are the driving 
     force behind youth e-cigarette use.


 R Street applauds raising the age of purchase of all tobacco products 
                                 to 21

       Of course, smokers are not the only population impacted by 
     e-cigarettes, and addressing youth use is important. Our 
     organization, the R Street Institute, endorsed raising the 
     minimum age of purchase for all tobacco products to 21, which 
     was signed into law Dec. 20, 2019. This change will help 
     prevent youth access in high school by limiting opportunities 
     for younger students to buy from peers who, prior to the 
     federal minimum-age-to-purchase increase, obtained the 
     products legally. In combination with more stringent point-
     of-sale age verification and meaningful penalties for 
     merchants who violate minimum-age-to-purchase laws, this 
     change will significantly limit youth access.
       The impact of nationwide 21-to-purchase legislation is yet 
     to be evaluated; however, evidence from areas that raised the 
     minimum age to purchase prior to the federal legislation 
     suggests that this change will be highly effective at 
     decreasing youth tobacco use. Following implementation of a 
     21-to-purchase law in Needham, Massachusetts, there was an 
     unprecedented 47 percent reduction (from 13 to 7 percent) in 
     past 30-day smoking rates among high schoolers over four 
     years (2008-2012).


     R Street does not support banning non-face-to-face sales of e-
                               cigarettes

       It is imperative that the availability of reduced-risk 
     alternatives remains in place for people who use e-cigarettes 
     as a cessation tool. According to the 2016 Surgeon General's 
     Report, in 2014, 20 percent of all e-cigarette sales occurred 
     online. It is estimated that in 2018, 32 percent of all e-
     cigarette sales occurred online. As more proposals arise to 
     limit what kinds of brick and mortar establishments are able 
     to sell e-cigarettes or other reduced-risk products--all 
     while protecting combustible sales--online sales may be the 
     only point of access for people who, for many reasons, cannot 
     reach specialty stores. It should not be a surprise to the 
     committee that people who live with disabilities, are 
     economically disadvantaged or live in rural areas are 
     overrepresented in the smoking population. These particular 
     factors represent true barriers to face-to-face access to 
     specialty products. Online sales and delivery may be the only 
     way that smokers have access to safer products.
       Furthermore, there is a misperception that online sales of 
     e-cigarettes are more vulnerable to underage access. Legal 
     retailers that sell their products online have strict FDA-
     mandated age verification systems that are successful in 
     preventing underage access to their products. Unverified 
     underage sales

[[Page H1279]]

     largely occur on eBay or other websites where age 
     verification is not vital. Banning non-face-to-face sales 
     will not stop illegitimate online sales to underage persons 
     from occurring, as these sales are already illegal.


               the fda's role in protecting public health

       Finally, it is important to recognize that the FDA has 
     developed a regulatory pathway to evaluate the safety and 
     public health impact of all new tobacco products, including 
     considerations of flavors. This is a process that has been 
     carefully designed over several years to ensure new tobacco 
     products, like e-cigarettes, will not have a negative impact 
     on the health of the population as a whole. Given that 
     manufacturers must file their Premarket Tobacco Applications 
     for all deemed tobacco products, which includes virtually all 
     e-cigarettes, by May 12, 2020 or risk removal from the 
     market, it makes sense to delay enacting any federal bans. 
     Allowing the safety and regulatory experts at the FDA to lead 
     the way in authorizing the sale of these products is the most 
     appropriate way forward, something acknowledged by 
     Sec. 103(d.2) of this bill.
       Policies that treat e-cigarettes the same as combustible 
     cigarettes encourage current smokers to continue doing 
     enormous harm to their health by discouraging a switch from 
     combustible products. Conversely, policies that reflect the 
     lesser harm of e-cigarettes can significantly reduce the 
     enormous burden of disease that combustible cigarettes impose 
     on society.
       One thing is certain: We are all striving to improve and 
     protect the nation's health. To do so, we must recognize the 
     potential for e-cigarettes to mitigate risks associated with 
     combustible cigarettes if we wish to encourage a healthful 
     populace. We encourage you to consider policies that reflect 
     the reduced risk of e-cigarettes compared to combustible 
     cigarettes as we work towards creating a healthier 
     population.
       Thank you for your time and consideration.
           Respectfully submitted,
     Carrie Wade, Ph.D., M.P.H.,
       Director of Harm Reduction Policy, R Street Institute.
     Chelsea Boyd, M.S.,
       Research Associate in Harm Reduction Policy, R Street 
     Institute.
                                  ____

                                                February 14, 2020.
     House of Representatives,
     Washington, DC.
       Dear Representative: On November 19, 2019, H.R. 2339, the 
     Reversing the Youth Tobacco Epidemic Act of 2019, was 
     reported out of the Energy and Commerce Committee. It is 
     likely you will vote on this legislation before the end of 
     February.
       The Council for Citizens Against Government Waste (CCAGW) 
     understands the concerns Congress has with youth use of 
     tobacco products, particularly electronic nicotine delivery 
     systems (ENDS) and vaping, but legislation was passed in 
     December 2019 that raised the age from 18 to 21 for the legal 
     use of any tobacco product. It would seem obvious that 
     Congress should allow that new law to take hold before H.R. 
     2339, a far more drastic measure, is even considered. If this 
     bill should become law, it would create a black market that 
     will cause great harm to our citizens. On behalf of the more 
     than 1 million members and supporters of CCAGW, I ask that 
     you oppose H.R. 2339.
       The legislation would make it illegal to sell any flavored 
     ENDS product and ban flavors in other tobacco products, 
     including menthol, mint, and spice flavors found in 
     combustible cigarettes and non-combustible products like 
     flavored cigars and chewing tobacco. Only natural tobacco 
     flavor would be allowed.
       Adults use ENDS and other non-combustible harm-reduction 
     tobacco products to quit smoking because they enjoy the sweet 
     and fruity flavors, finding them essential in moving away 
     from smoking. Banning menthol and other flavors, like spices 
     and herbs found in combustible cigarettes and other products 
     like chewing tobacco, will encourage many current users to 
     find other sources of these flavors. Menthol crystals can 
     easily be bought and enterprising street vendors will be 
     eager to sell a variety of flavorings for all tobacco users.
       Much of the impetus behind H.R. 2339 was based on reports 
     that youth use of e-cigarettes had climbed significantly. The 
     2019 National Youth Tobacco Survey data showed that 64.8 
     percent of youth had never tried an e-cigarette and 6.7 
     percent had used an e-cigarette in their entire life for more 
     than 100 days. The largest percent of youth purchased their 
     e-cigarette from a friend, not a store. Certainly, 6.7 
     percent is a number to be concerned about but whether that 
     should be considered an epidemic and warrant passing such 
     radical legislation that will hurt adults who are using harm 
     reduction tobacco products to quit smoking is questionable.
       For example, according to 2017 Centers for Disease Control 
     (CDC) statistics, it was found that among high school 
     students, during the past 30 days, 30 percent drank some 
     amount of alcohol; 14 percent binge drank; 6 percent drove 
     after drinking alcohol; and, 17 percent rode with a driver 
     who had been drinking alcohol. Yet despite these numbers, 
     Congress is not calling for a ban on alcohol. That was tried 
     before with disastrous results.
       In late summer and into the early fall, there were reports 
     of severe illnesses and death due to a national outbreak of 
     ``e-cigarette, or vaping, product use-associated lung 
     injury'' or EVALI. The CDC admits that as of February 11, 
     2020 the data shows tetrahydrocannabinol (THC)-containing e-
     cigarette, or vaping products, which were obtained from 
     ``informal sources like friends, family, or in-person or 
     online dealers, are linked to most EVALI cases and play a 
     major role in the outbreak'' and that ``Vitamin E acetate is 
     strongly linked to the EVALI outbreak.''
       In other words, it was the illicit market that caused the 
     problem, not the legitimate ENDS market that produces 
     thousands of jobs and helps millions of ex-smokers stay away 
     from combustible cigarettes that Congress and the Food and 
     Drug Administration are so keen to destroy.
       Fortunately, the EVALI cases have dropped significantly, so 
     Congress and health officials should take heed. Tobacco is a 
     legal product in the U.S. and even if Congress could ban it, 
     there should be little doubt that China would step in and 
     flood an illicit market as it is the leading producer of 
     tobacco in the world. The same result will occur if flavors 
     are banned, especially with ENDS products. Current adult 
     users will either go back to combustible cigarettes, which 
     are deadly, or take the chance and purchase illegal products. 
     Congress will have created a real health crisis that could 
     have been avoided.
       Again, I urge you to vote no on H.R. 2339. All votes on 
     this legislation will be among those considered for CCAGW's 
     2020 Congressional Ratings.
           Sincerely,
                                                       Tom Schatz,
     President, CCAGW.
                                  ____



                                                         NACS,

                                Alexandria, VA, February 24, 2020.
     Re Key Vote Alert: Oppose the Reversing the Youth Tobacco 
         Epidemic Act of 2019 (H.R. 2339).

     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Kevin McCarthy,
     Minority Leader, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi and Leader McCarthy: The National 
     Association of Convenience Stores (NACS) represents the 
     convenience industry, which has approximately 153,000 stores 
     in the United States and employees over 2.36 million workers. 
     In 2018, the convenience industry generated $654.3 billion in 
     total sales. Convenience stores serve about 165 million 
     people per day--around half of the U.S. population--and the 
     industry processes nearly 75 billion payment transactions per 
     year. Yet, the industry is truly an industry of small 
     businesses--approximately 62 percent of convenience store 
     owners operate a single store, and approximately 74 percent 
     of NACS' membership is composed of companies that operate ten 
     stores or fewer.
       The industry has devoted a substantial amount of time and 
     resources to ensuring that convenience store operators are 
     equipped to comply with federal, state, and local tobacco 
     regulations. NACS shares Congress's concern with the number 
     of underage users of e-cigarettes and supports legislative 
     efforts to curb underage use of tobacco products.
       NACS, however, opposes certain provisions in the Reversing 
     the Youth Tobacco Epidemic Act of 2019 (H.R. 2339). H.R. 2339 
     would ban all flavored tobacco products--including menthol 
     cigarettes, flavored smokeless tobacco, and flavored cigars--
     which in turn would create an illicit market for these 
     flavored tobacco products.
       It's important for lawmakers to understand the impact that 
     banning flavored tobacco products would have on the market. 
     Today, the menthol market accounts for roughly 30 percent of 
     cigarette sales and the flavored market accounts for roughly 
     50 percent of cigar sales. What's more, nearly 86 percent of 
     smokeless tobacco sales are for flavored products. It is 
     unreasonable to assume that consumers will simply transition 
     away from these flavored products to unflavored tobacco 
     alternatives.
       Instead, a ban on menthol cigarettes, flavored smokeless 
     tobacco, and flavored cigars will undoubtedly lead to a black 
     market for these products because of the broad consumer base 
     that exists among adult users. When that happens, the illicit 
     purveyors of menthol cigarettes, flavored smokeless tobacco, 
     and flavored cigars, operating outside of the law, will not 
     discriminate among their customers based on age. We already 
     see this problem in the large illicit tobacco market that 
     exists today.
       Moreover, growth in the illicit market for tobacco 
     increases health concerns. Congress, when it passed the 
     Tobacco Control Act in 2009, granted the Food and Drug 
     Administration (FDA) the authority to regulate tobacco 
     products, including oversight into how tobacco products are 
     manufactured. Tobacco manufacturers create products that are 
     fully scrutinized and regulated by FDA; black market 
     suppliers may ignore those regulations. Banning menthol 
     cigarettes, flavored smokeless tobacco, and flavored cigars 
     will eliminate FDA's oversight of these products, an 
     important public health safeguard that Congress intended in 
     the Tobacco Control Act.

[[Page H1280]]

       A ban of menthol cigarettes, flavored smokeless tobacco, 
     and flavored cigars also will create a ``grey'' market. 
     Without a domestic source for these products, adult users 
     will purchase them over the Internet, when they travel 
     abroad, and through bulk importers/distributors. Again, these 
     products will be unregulated by the FDA, therefore losing 
     whatever health protections that Congress intended in the 
     Tobacco Control Act.
       The FDA needs to have a plan and demonstrated ability to 
     deal with the problems of the illicit market for tobacco 
     products before anyone considers a ban on menthol cigarettes, 
     flavored smokeless tobacco, and flavored cigars. If a ban 
     comes first, children and public health will be negatively 
     impacted by the resulting illicit market.
       Because of these concerns, NACS is key voting the bill and 
     urges you to vote against H.R. 2339.
           Respectfully,
                                                    Lyle Beckwith,
                      Senior Vice President, Government Relations.

  Mr. SMITH of Nebraska. Madam Speaker, I will include letters from 
Americans for Tax Reform, Altria, Taxpayer Protection Alliance, and the 
Tax Foundation.
  I reserve the balance of my time.
  Mr. SUOZZI. Madam Speaker, I just want to mention again that the 
Protecting American Lungs Act had over 50 public health, medical, and 
educational organizations sponsoring it.
  Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. 
Shalala), a very good friend, a real leader on health issues, and the 
former Secretary of Health and Human Services in the United States of 
America.
  Ms. SHALALA. Madam Speaker, I would like to submit for the Record a 
letter from the leading voice of African American physicians, Dr. Louis 
Sullivan, in support of the legislation.
  Dr. Sullivan was my predecessor at HHS. He served as Secretary from 
1989 to 1993 under President Bush and is the president emeritus of 
Morehouse School of Medicine.

                                        Louis W. Sullivan, MD,

                                   Atlanta, GA, February 26, 2020.
     Hon. Frank Pallone,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Chairman Pallone: I write to you today to express my 
     strong support for H.R. 2339, Reversing the Youth Tobacco 
     Epidemic, and I urge its passage by the House of 
     Representatives.
       There is an urgent need for action to protect the health of 
     Americans--including the health of our young minority 
     citizens--from the adverse health consequences of tobacco, 
     including menthol-flavored cigarettes. For too many years, 
     the tobacco industry has used menthol cigarettes--and now 
     flavored cigars--to prey on minority youth and addict them to 
     deadly tobacco products.
       In 2011, the Food and Drug Administration's Tobacco 
     Products Scientific Advisory Committee found that removing 
     menthol cigarettes from the marketplace ``would benefit 
     public health in the United States.'' It concluded that 
     menthol cigarettes have been disproportionately targeted at 
     African Americans and have been disproportionately smoked by 
     African Americans. Yet, the Food and Drug Administration 
     failed to act to remove these products from the marketplace.
       A number of localities prohibit the sale of all flavored 
     products, including menthol cigarettes. Local action is 
     important but local policies will not protect millions of 
     African Americans: Congress must remove all flavored products 
     from store shelves in order to protect minority populations. 
     A nationwide policy will also help end inconsistent 
     enforcement.
       Removing all flavored tobacco products, including menthol 
     cigarettes will save lives--especially the lives of our 
     minority citizens. I urge you and the House to move forward 
     with removing all flavored tobacco products, including 
     menthol cigarettes and flavored cigars.
           Sincerely yours,
     Louis W. Sullivan, MD,
       President Emeritus, Morehouse School of Medicine, U.S. 
     Secretary of Health and Human Services, 1989-1993.

                              {time}  1100

  Madam Speaker, as our Nation anticipates the probability of a 
pandemic, here today in this House, the people's House, we have the 
opportunity to save millions of young lives that would be cut short by 
nicotine if we fail to act.
  I am not exaggerating. The CDC predicted that, if the children of our 
country continue to use tobacco products at the current rate, 5.6 
million will have premature deaths.
  This is a test of our courage. Let's look at the facts.
  In 1997, 24.6 percent of all 12th graders reported daily use of 
cigarettes. Thanks to smart, tough policies and a national commitment 
to reducing cigarette use, those numbers dropped to 3.6 percent by 
2018.
  Nearly 90 percent of adult smokers began smoking before the age of 
18. If you don't start smoking as a child, it is very unlikely you will 
smoke as an adult. This isn't a secret. Public health officials know 
this, and tobacco companies know this, too. They also know nicotine is 
a highly addictive substance.
  This dramatic reduction in cigarette use by children put tobacco 
companies in a bind. If children and teenagers have stopped using 
cigarettes and 90 percent of all adult smokers began smoking as 
children, how can they maintain a pipeline of customers?
  Their answer arrived in the form of a new technology: e-cigarettes 
and vaping products. Companies knew that the pipeline of lifetime 
smokers was dwindling, so they started to market new vaping products to 
young people.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SUOZZI. Madam Speaker, I yield an additional 30 seconds to the 
gentlewoman from Florida.
  Ms. SHALALA. They started marketing new vaping products to young 
people through Instagram ads and influencers and other social media 
platforms. They handed out free vaping products. They clearly targeted 
our children, and the strategy worked.
  It is time to ensure that our children do not face a lifetime of 
nicotine addiction. It is time to finally pass a bill that protects 
their health, and that is what this bill does. I strongly support it.
  Mr. SMITH of Nebraska. Madam Speaker, I yield myself such time as I 
may consume.
  It is important to note that I previously asked for some letters to 
be entered into the Record, and I think it is important to note some of 
the points that these organizations raise back to the ACLU and the 
Association of Social Workers and other groups.
  They talk about this bill leading to overcriminalization and mass 
incarceration of people of color. It talks about the bill 
disproportionately impacting people in communities of color.
  I think our country has had some, I think, very constructive 
conversations of late relating to these issues of mass incarceration 
and overcriminalization, and I think this bill sets us back in terms of 
those conversations that we have been having.
  Madam Speaker, I reserve the balance of my time.
  Mr. SUOZZI. Madam Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Pallone), the chairman of the Energy and Commerce 
Committee, a good friend and a leader on this issue.
  Mr. PALLONE. Madam Speaker, I want to thank my colleague from New 
York for yielding me this time.
  Madam Speaker, I include in the Record the following letters of 
support for H.R. 2339:
  First, a letter from 76 leading public health organizations; second, 
a letter from the NAACP; third, a letter from the National Medical 
Association; and fourth, a letter from public health organizations 
specifically supporting the menthol prohibition.
                                                 February 4, 2020.
     House of Representatives,
     Washington, DC.
       Dear Representative: We are writing to express our strong 
     support for H.R. 2339, the Reversing the Youth Tobacco 
     Epidemic Act of 2019. This legislation will address the 
     current youth e-cigarette epidemic that is undermining the 
     progress made in reducing youth tobacco use.
       Use of e-cigarettes by youth has escalated rapidly in 
     recent years, placing a new generation at risk of nicotine 
     addiction and tobacco use. Between 2017 and 2019, e-cigarette 
     use more than doubled among high school students (from 11.7% 
     to 27.5%) and tripled among middle school students (from 3.3% 
     to 10.5%). More than 5.3 million middle and high school 
     students used e-cigarettes in 2019, an alarming increase of 
     more than 3 million in two years. Use of other tobacco 
     products, including cigarettes, cigars and hookah, is also a 
     serious problem. Tobacco use remains the leading preventable 
     cause of death in the United States and is responsible for 
     approximately $170 billion in health care costs each year.
       The Reversing the Youth Tobacco Epidemic Act provides a 
     much-needed response to this serious public health problem. 
     Its prohibition on flavored tobacco products, including 
     flavored e-cigarettes, flavored cigars, and menthol 
     cigarettes, is needed to stop tobacco companies from 
     targeting and addicting kids with enticing flavors, such as 
     gummy bear and cotton candy. Flavors mask the harsh taste of 
     tobacco and make it easier for kids to start to use a tobacco 
     product and to become addicted.

[[Page H1281]]

       The bill's prohibition on flavored e-cigarettes is all the 
     more important because the Administration's recently released 
     policy on flavored e-cigarettes will leave thousands of 
     flavored e-liquids and devices on the market. Flavors are a 
     key reason for widespread youth use of e-cigarettes. Ninety-
     seven percent of current youth e-cigarette users have used a 
     flavored e-cigarette in the past month, and seven out of ten 
     said they used e-cigarettes ``because they come in flavors I 
     like.''
       The bill's prohibition on menthol cigarettes, flavored 
     cigars, and other flavored tobacco products will also help 
     protect kids and public health. More than half of youth 
     smokers--and seven in ten African American youth smokers--
     smoke menthol cigarettes. As a result of decades of pervasive 
     tobacco industry marketing, 85 percent of African-American 
     smokers smoke menthol cigarettes, and menthol is a likely 
     contributor to the higher rates of tobacco-caused death and 
     disease experienced by African Americans. A 2013 Food and 
     Drug Administration (FDA) analysis concluded that menthol 
     cigarettes increase youth initiation, increase nicotine 
     addiction, and make it harder for smokers to quit. Cigars are 
     also available in a wide variety of flavors that make them 
     more attractive to kids. More than one million high school 
     students smoke cigars.
       In addition to its prohibition on flavored tobacco 
     products, the Reversing the Youth Tobacco Epidemic Act 
     includes a number of other provisions that will help to 
     reduce youth use of e-cigarettes and use of other tobacco 
     products, including prohibiting online sales of most tobacco 
     products, addressing inappropriate marketing and advertising, 
     and ensuring that FDA will promptly implement the graphic 
     health warnings on cigarette packs and advertising that are 
     required under the 2009 Tobacco Control Act.
       Youth use of e-cigarettes and other tobacco products is a 
     problem that will not resolve itself. It will require action 
     by Congress. The Reversing the Youth Tobacco Epidemic Act 
     provides the comprehensive response that is needed. We urge 
     you to support this important legislation when it comes to 
     the House floor.
           Sincerely,
       AASA, The School Superintendents Association; Academy of 
     General Dentistry; Action on Smoking & Health; African 
     American Tobacco Control Leadership Council; American Academy 
     of Oral and Maxillofacial Pathology; American Academy of Oral 
     and Maxillofacial Radiology; American Academy of 
     Otolaryngology-Head and Neck Surgery; American Academy of 
     Pediatrics; American Association for Cancer Research.
       American Association for Dental Research; American 
     Association for Respiratory Care; American Cancer Society 
     Cancer Action Network; American College Health Association; 
     American College of Cardiology; American College of 
     Occupational and Environmental Medicine; American Dental 
     Association; American Federation of School Administrators; 
     American Federation of Teachers; American Heart Association.
       American Lung Association; American Medical Association; 
     American Public Health Association; American School Counselor 
     Association; American School Health Association (ASHA); 
     American Society of Addiction Medicine; American Thoracic 
     Society; Americans for Nonsmokers' Rights; Association of 
     Educational Service Agencies; Association of Maternal & Child 
     Health Programs.
       Association of School Business Officials International; 
     Association of Schools and Programs of Public Health; 
     Association of State and Territorial Health Officials 
     (ASTHO); Association of Women's Health, Obstetric and 
     Neonatal Nurses; Asthma and Allergy Foundation of America; 
     Big Cities Health Coalition; Campaign for Tobacco-Free Kids; 
     Catholic Health Association of the United States; Children's 
     Wisconsin; ClearWay Minnesota.
       Common Sense Media; Community Anti-Drug Coalitions of 
     America's (CADCA); Eta Sigma Gamma--National Health Education 
     Honorary; First Focus Campaign for Children; International 
     Association for the Study of Lung Cancer; March of Dimes; 
     Mesothelioma Applied Research Foundation; NAACP; National 
     African American Tobacco Prevention Network; National 
     Association of County and City Health Officials.
       National Association of Elementary School Principals; 
     National Association of Pediatric Nurse Practitioners; 
     National Association of School Nurses; National Association 
     of Secondary School Principals; National Association of 
     Social Workers; National Black Nurses Association; National 
     Center for Health Research; National Coalition for Cancer 
     Survivorship; National Education Association; National 
     Hispanic Medical Association.
       National Medical Association; National Network of Public 
     Health Institutes; National Rural Education Advocacy 
     Collaborative; National Rural Education Association; Oncology 
     Nursing Society; Parents Against Vaping e-cigarettes (PAVe); 
     Prevent Cancer Foundation.
       Public Health Solutions; SHAPE America; Society for 
     Cardiovascular Angiography and Interventions; Society for 
     Public Health Education; Students Against Destructive 
     Decisions; The Society of State Leaders of Health and 
     Physical Education; The Society of Thoracic Surgeons; Trinity 
     Health; Trust for America's Health; U.S. PIRG.
                                  ____

                                                            NAACP,


                                            Washington Bureau,

                                 Washington, DC, October 16, 2019.
     Re NAACP Support for H.R. 2339, the ``Reversing the Youth 
         Tobacco Epidemic Act of 2019''.
     Hon. Frank Pallone,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Chairman Pallone: On behalf of the NAACP, our nation's 
     oldest, largest and most widely-recognized grassroots-based 
     civil rights organization, I would like to thank you for your 
     leadership in introducing H.R. 2339, the ``Reversing the 
     Youth Tobacco Epidemic Act of 2019.'' Nearly all tobacco use 
     begins during youth and young adulthood--which is a crucial 
     period for the development of the human brain. Your 
     legislation would help put a stop to tobacco use by including 
     a ban on all characterizing flavors of tobacco products, 
     which are often created to appeal to the younger market.
       As was noted in our 2016 NAACP resolution, ``Support State 
     and Local Restrictions on the Sale of Flavored Tobacco 
     Products,'' ``the tobacco industry has a well-documented 
     history of developing and marketing brands targeted to 
     African Americans and their youth'' and further that ``the 
     tobacco industry manipulated the manufacturing of cigarettes 
     to ensure the uptake and continued use of tobacco, especially 
     by AfricanAmerican young people and other vulnerable 
     populations for many years.'' Your legislation makes clear 
     that the proliferation of slick new products purposefully 
     designed to appeal to young people to get them addicted to 
     nicotine and tobacco should not, and will not, be tolerated.
       The use of tobacco and nicotine has evolved since that 
     first Surgeon General's report. A quick Google search will 
     lead you to an array of products online, including 
     cigarettes, cigars, smoking pipes, and the most recent 
     addition--e-cigarettes. These e-cigarettes are now available 
     in many flavors and studies show that flavor choices like 
     mint, candy, fruit, or chocolate draw the interest of teens 
     in middle school and high school. Unfortunately, while 
     combustible cigarette use among teens has declined over the 
     past two decades, there is a widespread--and false--
     perception that e-cigarettes are safe.
       This false belief threatens any progress we have made in 
     combatting this controllable public health threat. Recent 
     data shows that over 3.6 million youth used e-cigarettes in 
     2018, making this product the most commonly used tobacco 
     product on the market.
       Flavored e-cigarettes have driven the youth epidemic, and 
     more than half of youth smokers--including seven out of ten 
     African-American youth smokers--smoke menthol cigarettes, so 
     it's time to take these products off the market once and for 
     all. States and cities are standing up and taking action, and 
     we believe our federal government should do the same.
       Thank you again for your leadership on this important 
     issue, and for your concern for the health and well-being of 
     future generations.
           Sincerely,
     Hilary O. Shelton,
       Director, NAACP Washington Bureau & Senior Vice President 
     for Policy and Advocacy.
                                  ____



                                 National Medical Association,

                                Silver Spring, MD, April 16, 2019.
       NMA Applauds the Introduction of Legislation to Ban the 
     Sale of All Flavored Tobacco Products, including Menthol 
     Cigarettes and Flavored Cigars
       The National Medical Association strongly supports the 
     Reversing the Youth Tobacco Epidemic Act of 2019 legislation 
     introduced today. This would prohibit the sale of all 
     flavored tobacco products, including menthol cigarettes and 
     flavored cigars. We applaud Representative Frank Pallone (D-
     NJ) for introducing the bill and taking this important step 
     forward.
       As the collective voice of African-American physicians, we 
     know that banning menthol cigarettes will save lives in our 
     community. Smoking-related illnesses are the number one cause 
     of death in the African-American community and approximately 
     45,000 African Americans die each year from smoking-related 
     diseases. Further, more than 85 percent of African-American 
     smokers use menthol cigarettes. According to a 2013 report by 
     the U.S. Food and Drug Administration (FDA), when compared to 
     non-mentholated cigarette use, the ``cooling and anesthetic 
     properties'' of mentholated cigarette use increases smoking 
     initiation and the likelihood of becoming addicted in 
     children and adults and decreases success in quitting 
     smoking.
       As reported by the Surgeon General in a 1994 report by the 
     U.S. Department of Health and Human Services, 90 percent of 
     smokers first started smoking by age 18. Also, as reported by 
     B. K. Ambrose in a 2015 article of The Journal of the 
     American Medical Association (JAMA), a majority of the youth 
     ages 12-17 first tried flavored tobacco products and that 
     flavoring was the leading reason for their tobacco use.
       For years the tobacco industry has aggressively promoted 
     menthol cigarettes and other flavored tobacco products in 
     African-American communities. Taking action to ban menthol 
     cigarettes is long overdue and the NMA requests that Congress 
     move swiftly to take up this bill and save lives. To that 
     end, increased funding should be earmarked to increase 
     smoking-cessation initiatives

[[Page H1282]]

     and increased promotion of same in African American 
     communities. Our support of this legislation is for the 
     betterment of the public health.
       The National Medical Association is the collective voice of 
     African American physicians and the leading force for parity 
     and justice in medicine. The NMA is the oldest organization 
     of African American professionals in America representing the 
     over 50,000 African American physicians and the patients we 
     serve in the United States and its territories.
                                   Niva Lubin-Johnson, M.D., FACP,
     President.
                                  ____

                                                 October 16, 2019.
     Hon. Frank Pallone,
     Chairman, Committee on Energy & Commerce, House of 
         Representatives, Washington, DC.
     Hon. Greg Walden,
     Ranking Member, Committee on Energy & Commerce, House of 
         Representatives, Washington, DC.
       Dear Chairman Pallone and Ranking Member Walden: We write 
     in support of prohibiting menthol cigarettes, which is a key 
     part of the Reversing the Youth Tobacco Epidemic Act (H.R. 
     2339). There is overwhelming scientific evidence that menthol 
     cigarettes have had a profound adverse effect on public 
     health. Removing them from the market would drive down 
     tobacco use and the death and disease it causes, particularly 
     among youth and African Americans.
       Menthol cigarettes are popular with youth. Over half of 
     youth smokers--and seven in ten African American youth 
     smokers--smoke menthol cigarettes. Menthol cools and numbs 
     the throat and reduces the harshness of tobacco, making it 
     easier and more appealing for youth to start smoking. In 
     2013, the U.S. Food and Drug Administration (FDA) released a 
     report finding that menthol cigarettes lead to increased 
     smoking initiation among youth and young adults, greater 
     addiction, and decreased success in quitting smoking. An FDA 
     scientific advisory committee concluded, ``Removal of menthol 
     cigarettes from the marketplace would benefit public health 
     in the United States.''
       Smoking-related illnesses are the number-one cause of death 
     in the African American community and claim the lives of 
     approximately 45,000 African Americans each year. Menthol 
     cigarettes are a major reason why. Eighty-five percent of all 
     African American smokers smoke menthol cigarettes, which is a 
     direct result of a decades-long marketing campaign by the 
     tobacco industry aimed at the African American community. 
     African Americans generally have higher levels of nicotine 
     dependence as a consequence of their preference for 
     mentholated cigarettes.
       Estimates of the harm menthol cigarettes cause to African 
     Americans are alarming. The FDA advisory committee found that 
     the marketing and availability of menthol cigarettes 
     increases the overall prevalence of smoking and reduces 
     smoking cessation among African Americans. In 2011, it 
     estimated that by 2020, 4,700 excess deaths in the African-
     American community will be attributable to menthol 
     cigarettes, and over 460,000 African Americans will have 
     started smoking because of menthol cigarettes.
       Our organizations fully support the menthol prohibition in 
     the Reversing the Youth Tobacco Epidemic Act. It will protect 
     public health and save lives. We look forward to working with 
     you to advance this bill.
           Sincerely,
       Action on Smoking & Health, African American Tobacco 
     Control Leadership Council, American Academy of Oral and 
     Maxillofacial Pathology, American Academy of Pediatrics, 
     American Association for Dental Research, American 
     Association for Respiratory Care, American Cancer Society 
     Cancer Action Network, American College of Physicians, 
     American College of Preventive Medicine, American Dental 
     Education Association, American Heart Association.
       American Lung Association, American Medical Association, 
     American Public Health Association, American Society of 
     Addiction Medicine, American Society of Clinical Oncology, 
     American Thoracic Society, Americans for Nonsmokers' Rights, 
     Association of Schools and Programs of Public Health, 
     Association of Women's Health, Obstetric and Neonatal Nurses, 
     Big Cities Health Coalition, Black Lives/ Black Lungs, 
     Campaign for Tobacco-Free Kids, CATCH Global Foundation, Inc.
       Catholic Health Association of the United States, Clearway 
     Minnesota, Community Anti-Drug Coalitions of America, Counter 
     Tools, Eta Sigma Gamma--National Health Education Honorary, 
     LUNGevity Foundation, March of Dimes, National African 
     American Tobacco Prevention Network, National Association of 
     County & City Health Officials.
       National Association of Pediatric Nurse, Practitioners, 
     National Association of School Nurses, National Center for 
     Health Research, National Medical Association, National 
     Network of Public Health Institutes, Oncology Nursing 
     Society, Prevent Cancer Foundation, Respiratory Health 
     Association, Society for Public Health Education, Society for 
     Research on Nicotine & Tobacco, Students Against Destructive 
     Decisions.

  Mr. PALLONE. Madam Speaker, supporters have emphasized that this bill 
is urgently needed to combat the youth e-cigarette epidemic that is 
getting worse every day and is being driven by flavored products. I am 
proud of the broad coalition of support that this legislation has 
engendered, and I agree with these organizations that the time is now 
to ensure we protect our kids and the next generation.
  Madam Speaker, if we don't pass this bill today, all of the gains we 
have made in the past to prevent tobacco use and nicotine addiction 
will simply be wiped out--will be wiped out.
  I urge my colleagues, support this legislation. This is the best 
thing we can do to prevent this youth epidemic.
  Mr. SMITH of Nebraska. Madam Speaker, as we have this exchange here, 
it is interesting to dig a little deeper here and certainly realize 
that there is a carve-out. I think we heard earlier there is a carve-
out, actually, that would exempt the high-end cigars that would not 
have to be subject to this tax. And I guess I struggle to think why 
that would be if there are revenue concerns here and, you know, looking 
at a balance and so forth.
  I just hope that we can end up with good public policy, but certainly 
this is not the vehicle to do that.
  Madam Speaker, I reserve the balance of my time.
  Mr. SUOZZI. Madam Speaker, I just want to clarify, again, that 
premium cigars are already subject to a Federal excise tax, and there 
is no carve-out for the taxes on premium cigars.
  Madam Speaker, I yield 1 minute to the gentlewoman from New York 
(Mrs. Carolyn B. Maloney), a good friend, the chairwoman of the 
Committee on Oversight and Reform.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise in strong 
support, and I thank Chairman Pallone for his incredible leadership on 
this.
  Madam Speaker, I also want to thank Congressman Krishnamoorthi, who 
has been a leader on the youth vaping epidemic as the chair of the 
Subcommittee on Economic and Consumer Policy on the Oversight 
Committee. He has led a months' long investigation into e-cigarette 
companies, which revealed mountains of evidence that these companies 
are illegally targeting children in advertising campaigns.
  And the way they target children is by selling flavored tobacco 
products with kid-friendly flavors like mango and mint. This is 
despicable and will cause long-term damage to countless children's 
lives.
  This bill is very important because it will ban the manufacture and 
sale of all flavored tobacco products, which will make it much more 
difficult for companies to target children. This is extremely 
important. It will save lives.
  I strongly support the bill and urge my colleagues for a ``yes'' 
vote.
  Mr. SMITH of Nebraska. Madam Speaker, I yield myself the balance of 
my time.
  As we wrap up this discussion, I think perhaps both sides have good 
intentions. This would not be the first time that both sides would have 
good intentions, and the outcome would accomplish the exact opposite 
from what we would want.
  We want youth to not vape, to not smoke. It is dangerous. And, 
certainly, I think we should also respect law-abiding adults exercising 
the choices that they wish to make in a reasonable context.
  Madam Speaker, I think that this bill would actually set us back in 
many ways. As I mentioned earlier, the National Bureau of Economic 
Research found that Minnesota's efforts to bring so-called parity to 
the taxation of cigarettes and e-cigarettes actually flatlined the 
State's smoking-cessation trend, while other States that didn't raise 
taxes continue to see smoking decrease. That is very telling. And I 
think it is very instructive for all of us here as we formulate policy 
and, hopefully, keep future generations in mind with good public policy 
along the way.
  Madam Speaker, I certainly urge a vote ``no'' on this bill, and I 
yield back the balance of my time.
  Mr. SUOZZI. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, every Democrat, every Republican in this House knows 
there is a problem with youth vaping in the United States of America. 
Every single one of us recognizes that something must be done, and 
today we are taking important action.
  I want to point out that this is not a new debate. It is pretty much 
the same debate we went through with smoking years ago.
  I used to serve as the Nassau County Executive in New York State when 
the

[[Page H1283]]

smoking issue was a massive debate in this country, and we heard the 
same arguments about Big Government. We heard the same arguments about 
taxing. We heard the same arguments about choice. And we can't fall for 
it again.
  We saw it happen in this country with smoking, that for so many years 
we ignored the fact that smoking was the number one killer in this 
country, and it took us decades to act.
  Now that we see youth vaping growing in this country every single 
day, efforts that are being made to market specifically to young 
children every single day, we must act to try and protect our families 
and to try and protect our children.
  Again, I want to point out that the Protecting American Lungs Act, 
which is part of this bill, has the support of over 50 public health, 
medical, and education organizations, including the American Academy of 
Nursing, the American Academy of Pediatrics, the American Cancer 
Society Cancer Action Network, the American Heart Association, the 
American Lung Association, the American Medical Association, and the 
Campaign for Tobacco-Free Kids.
  Madam Speaker, I want to thank Chairman Neal. I want to thank 
Chairman Pallone. I want to thank all of the leaders, such as Donna 
Shalala, former-Secretary Shalala, and Raja Krishnamoorthi and all of 
my colleagues who have spoken here today.
  I urge my colleagues, both Democrats and Republicans, to act now on 
behalf of the children of our country.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 866, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 2339 is postponed.
  Mr. SMITH of Nebraska. Madam Speaker, I include in the Record these 
additional letters in opposition to H.R. 2339.

 6 Reasons To Oppose HR 2339 (Pallone) Total Flavored Tobacco Product 
                              Prohibition

       1. This bill bans all flavored tobacco products.
       That means menthol cigarettes (36% of market), flavored 
     moist smokeless tobacco (60% of market), flavored cigars (26% 
     of market), and most pipe tobacco.
       2. The age for tobacco was just raised to 21 nationwide.
       Teen vapor trends need to be reversed. That's why Congress 
     just raised the minimum age for all tobacco products to 21. 
     Also, the FDA is now taking concrete steps to remove child-
     friendly vapor products from the market. We should give these 
     policies time to work.
       3. Adults 21 + can choose flavors in alcohol and cannabis 
     (where legal), and they should be able to choose flavors in 
     tobacco.
       Adults 21 and older buy alcohol (and cannabis where it's 
     legal). They are taxpayers, voters, and can serve in the 
     military. Taking this decision away from adults 21 and over 
     won't stop the behavior--it will just move it into the 
     illegal market. We should respect adults and let them make 
     these decisions.
       4. Prohibition doesn't work. It never has.
       This bill would criminalize the sale and distribution of 
     these products for adults. That's Prohibition. In the 1920s, 
     Alcohol Prohibition created an illegal market, increased 
     crime, burdened law enforcement, and endangered the public.
       5. Youth use of traditional products is DOWN. Underage 
     vapor rates are too high. But underage use of traditional 
     tobacco products is at historic lows. Longstanding public 
     health efforts are working--so why take the risk of 
     criminalizing these products and moving them into an illegal 
     market where there is no regulation?
       6. Banning large segments of the tobacco market guts 
     government revenues.
       Banning the sale of flavored tobacco products to adults 
     would impact over a third of the industry, devastating jobs 
     and the economy:
       Over 250,000 retail and other jobs at risk
       Over $13.6 billion in federal, state, and local tax 
     revenues at risk annually (see states detail below)
                                  ____


                        Americans for Tax Reform

       Today, Americans for Tax Reform issued a Key Vote Alert in 
     opposition to H.R. 2339.
       Here are the top 6 key facts you need to know before the 
     vote on the full House floor vote on H.R. 2339 (Reversing the 
     Youth Tobacco Epidemic Act) this week:
       1. Prohibition Never Works, But it Does Create Profitable 
     Criminal Enterprises.
       2. Congress Just Passed Tobacco 21 to Address Youth Use of 
     Tobacco Products.
       3. A Flavored Tobacco Product Ban Would Kill Over 400,000 
     Jobs.
       4. State, Local, and Federal Government Would Lose over 
     $130 Billion in Tobacco Tax Revenue Over 10 Years.
       5. Criminalizing The Sale of Some Tobacco Products Would 
     Reverse Progress on Criminal Justice Reform.
       6. This Bill is a Tax Increase.
       Rep. Frank Pallone's flavored tobacco product ban bill is 
     opposed by Americans for Tax Reform, Citizens Against 
     Government Waste, FreedomWorks, Heritage Action, Taxpayers 
     Protection Alliance, Independent Women's Forum, the 
     Competitive Enterprise Institute, the Consumer Choice Center, 
     and Reason, among others.
       But it's also opposed by the American Civil Liberties 
     Union, the Center for Popular Democracy, the Law Enforcement 
     Action Partnership, the Drug Policy Alliance, the National 
     Association of Social Workers, the National Association of 
     Criminal Defense Lawyers, and Al Sharpton's National Action 
     Network. You can read their letter here.
       Here's what you need to known regarding the inclusion of a 
     new national tax on nicotine e-cigarettes and vapor products 
     (Section 501 of the bill):
       The tax imposed by this bill would result in a $5.01 tax on 
     an average 30 milliliter bottle of refillable vapor product 
     liquid that contains 6 milligrams of nicotine, the type of 
     products many smokers purchase in thousands of vape shops in 
     America. For multi-packs of ``closed-system'' products sold 
     in 150,000 convenience stores, the tax would be range between 
     $3-5 per pack. Compare that to the federal excise tax on 
     combustible tobacco cigarettes, which is $1.01 per pack. 
     Taxing reduced risk electronic cigarettes at a significantly 
     higher rate than cigarettes works at cross purposes with both 
     the government and free market's ongoing effort to reduce the 
     harm associated with cigarette use. That's what this bill 
     does.
       Note: because this language was previously a stand-alone 
     bill (H.R. 4742), the impact on taxpayers has changed since 
     it was first scored. Banning products that +80% of adult 
     consumers use diminishes the likelihood of collecting much 
     money. This bill is still a net tax hike and will be scored 
     as such.
       Americans for Tax Reform urges you to reject H.R. 2339, 
     which would create the biggest black market in America since 
     the 1920's, fueling criminal enterprises without any good 
     reason for doing so. This bill is a tax increase and 
     represents a moral crusade against disfavored consumer 
     choices without respect to the tools that already exist that 
     could address some of the concerns of proponents.
                                  ____



                                Taxpayers Protection Alliance,

                                Washington, DC, February 12, 2020.
     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of millions of taxpayers and 
     consumers across the United States, the Taxpayers Protection 
     Alliance (TPA) urges you to vote against the Reversing the 
     Youth Tobacco Epidemic Act (H.R. 2339), which would, amongst 
     other things, impose a full ban on the sale of flavored e-
     cigarette products throughout the U.S. H.R. 2339 would also 
     ban menthol-flavored conventional tobacco. These deeply 
     misguided proposals would lead to the demise of millions of 
     Americans by forcing smokers across the country to continue 
     using deadly combustible cigarettes.
       The scientific evidence is overwhelming and 
     incontrovertible that vaping saves lives. Flavors provide an 
     effective exit ramp for adults to quit smoking but have no 
     impact upon teen uptake. Smoking rates are at their lowest in 
     history and dropping dramatically. Furthermore, there is no 
     gateway from vaping to smoking, and menthol cigarettes have 
     no demonstrable impact on youth uptake.
       Countless studies conclude that e-cigarettes are a proven 
     and safe way for people to quit smoking. A recent U.S. 
     National Academies of Sciences, Engineering and Medicine 
     report on e-cigarettes found that, based on the available 
     evidence, ``e-cigarettes are likely to be far less harmful 
     than combustible tobacco cigarettes.'' The United Kingdom 
     (UK) Government and all major medical bodies now 
     ``encourage'' smokers to use e-cigarettes as a quit-smoking 
     aid. This is not surprising because of the overwhelming 
     evidence on the effectiveness of a product that is ``around 
     95 percent less harmful than smoking,'' a figure confirmed by 
     Public Health England (part of the U.K. government) and 
     reaffirmed every year since 2015. Similarly, air quality 
     studies have found that e-cigarettes pose no threat to 
     bystanders via ``passive smoking.'' Hundreds of studies have 
     been published in the course of the last few years, measuring 
     everything from cardiovascular health to lung capacity and 
     regeneration. In fact, the only study to have found any 
     negative impact of vaping on heart health has been thoroughly 
     debunked; it was discovered that the heart attacks it claimed 
     were correlated to vaping happened ten years prior to the 
     individuals taking up vaping.
       So powerful is the life-saving potential of these products 
     that, according to the most comprehensive peer-reviewed 
     research on the effects of switching coordinated by the 
     George Washington University Medical Center, 6.6 million 
     lives could be saved over the next ten years if a majority of 
     U.S. smokers quit smoking through the use of e-cigarettes.

[[Page H1284]]

       In addition, numerous studies have shown that e-cigarettes 
     are considerably more effective than traditional nicotine 
     replacement therapies. In January 2019, the New England 
     Journal of Medicine reported the results of the largest and 
     most comprehensive of these, finding unequivocally that e-
     cigarettes are nearly twice as effective as conventional 
     nicotine replacement products (such as patches and gum) for 
     quitting smoking.
       As a result of the introduction of vaping products, smoking 
     rates in the United States have plummeted in recent years. In 
     2018, 13.7 percent of U.S. adults smoked, a sharp decline 
     from 20.9 percent in 2005. Most of this decline has occurred 
     since the introduction of e-cigarettes, as smokers now have 
     more options than ever to kick their deadly habit. In 
     particular, 5.8 percent of high school students smoke, down 
     from more than 15 percent in 2011.
       Contrary to anti-vaping arguments, there is no evidence 
     that e-cigarettes provide a ``gateway'' to smoking for youths 
     as they enter adulthood. This has been demonstrated through 
     numerous studies which instead find that vaporized nicotine 
     has almost exclusively been taken up by smokers attempting to 
     quit or lower their intake, therefore acting as a ``gateway'' 
     away from tobacco smoking. Only 1 percent of daily users of 
     e-cigarettes were not previous smokers or tobacco users. A 
     2015 survey of nonsmoking teens aged 13-17 found interest 
     levels in flavored e-cigarettes of 0.4 out of a possible 
     score of 10. An April 2019 study funded by the UK's National 
     Institute for Health Research and led by Cardiff University 
     concluded that ``fears over a resurgence in youth tobacco 
     smoking because of the rise in e-cigarette use are largely 
     unfounded to date'' and that there is ``no evidence'' that e-
     cigarettes are causing young persons to commence smoking 
     traditional combustible tobacco. In October 2019 the 
     prestigious medical journal Nicotine and Tobacco Research 
     found that, ``E-cigarette use does not appear to be 
     associated with current, continued smoking.'' As such, 
     ecigarettes are a gateway away from smoking and give teens 
     who were already smokers a safer alternative.
       While flavors may be helping conventional smokers quit 
     smoking, the evidence shows that flavors play little to no 
     role in inducing middle-and-high school students to use e-
     cigarettes. A 2016 study published in Tobacco Control used a 
     national phone survey to ascertain teenage usage and interest 
     in e-cigarettes and attempted to gauge the role of flavor in 
     increasing interest in these products. The researchers found 
     that, of teenagers that have never smoked, only 3.3 percent 
     expressed interest in trying e-cigarettes and that there was 
     no evidence for flavors driving e-cigarette uptake. Fewer 
     than a third of high school students self-report to care 
     about flavors, while academic studies have found that teenage 
     non-smokers' ``willingness to try plain versus flavored 
     varieties did not differ.''
       Advocates of greater vaping restrictions continue to ignore 
     the evidence and cite instances of e-cigarettes allegedly 
     inducing lung illnesses. But, as confirmed by the Centers for 
     Disease Control and Prevention and corroborated by numerous 
     peer-reviewed academic publications such as the New England 
     Journal of Medicine, every case of illness and tragic death 
     has been as a result of illicit, black-market THC vaping 
     devices bought on the streets and laced with substances such 
     as Vitamin E acetone.
       There is no evidence whatsoever that menthol cigarettes are 
     in any way more harmful or dangerous than conventional 
     combustible cigarettes. There is similarly no evidence that 
     menthol cigarettes are in any way more likely to be a 
     contributing factor to people taking up smoking. A recent 
     analysis of data from the National Survey on Drug Use and 
     Health found that states with more menthol cigarette 
     consumption relative to all cigarettes actually have lower 
     rates of child smoking. In addition, econometric analysis 
     consistently shows consistent nonpredictive relationships 
     between relative menthol cigarette consumption rates and use 
     of any age group. Youth menthol smoking has already become 
     less popular than non-menthol smoking, and on the current 
     trend line, youth usage of menthol cigarettes will be at a 
     rate of near-zero within the next few years. Curtailing 
     menthol cigarettes will only succeed in damaging already-
     fraught race relations. More than 80 percent of black smokers 
     prefer menthol cigarettes, compared to less than 30 percent 
     of white smokers. As the tragic case of Eric Garner shows, 
     tobacco prohibition can easily escalate into deadly 
     encounters with law enforcement. Policymakers must consider 
     racial disparities in the consumption of tobacco products, 
     and refrain from restrictive policies with myriad unintended 
     consequences.
       Illicit tobacco is lucrative source of funding for 
     terrorism, with the U.S. State Department having described 
     international tobacco smuggling as a ``threat to national 
     security.'' Their report detailed how ``we know that 15 of 
     the world's leading terrorist groups regularly rely on 
     illicit cigarettes for funding, including al Qaeda, the 
     Taliban, Hezbollah, and Hamas. Illicit cigarettes are now 
     second only to the heroin trade in helping fund some of the 
     Taliban militias.''
       TPA urges you to carefully examine the facts and science 
     attesting toe-cigarettes' efficacy as a powerful quit-smoking 
     aid and reject this grossly irresponsible bill.
           Regards,
                                                      Tim Andrews,
     Director.
                                  ____


                  [From Tax Foundation, Feb. 12, 2020]

      Banning Flavored Tobacco Could Have Unintended Consequences

                           (By Ulrik Boesen)

       Several states have considered bans on flavored tobacco and 
     nicotine products this legislative session, spurred by 
     increased vaping by minors. Among them are California, Maine, 
     Maryland, New York, Vermont, and Virginia. There is also a 
     federal proposal to ban flavors in tobacco products. While 
     youth uptake is a very real concern which deserves the 
     public's attention, outright bans could impede historically 
     high smoking cessation rates. Lawmakers must thread the 
     needle between protecting adult smoker's ability to switch 
     and barring minor's access to nicotine products.
       Aside from public health concerns, a ban on flavored 
     tobacco, especially when including cigarettes, would have 
     significant tax implications and result in unintended 
     consequences such as increased smuggling. Tobacco excise 
     taxes are already an unstable source of tax revenue. Further 
     narrowing the tobacco tax base by banning a portion of 
     tobacco sales altogether could worsen the instability of this 
     revenue source while driving up the costs of administration 
     and law enforcement associated with the ban, especially if 
     the lost revenue is made up by raising the tax rate on the 
     remaining tobacco tax base.
       Cigarettes make up about 82.5 percent of the total tobacco 
     market and even more of the excise tax revenue due to higher 
     rates on cigarettes versus other tobacco products. According 
     to sales data, about 35 percent of the U.S. cigarette market 
     is flavored, which means that 35 percent of the revenue 
     collected would be affected by a ban. The flavor used in 
     cigarettes is almost exclusively menthol.
       Below is a calculation of implicated revenue in the states 
     that are considering a ban. The numbers are based on tax 
     collections and sales of menthol cigarettes. On top of this 
     number one could add reduced revenues from chewing tobacco, 
     cigars, cigarillos, and in some states flavored vapor liquid.

                         STATE REVENUE FROM CIGARETTE EXCISE TAXES ON MENTHOL CIGARETTES
----------------------------------------------------------------------------------------------------------------
                                                                                Revenue from
                                                             Menthol Smokers       Menthol       Total Cigarette
                           State                             As % of Smokers     Cigarettes      Excise Revenue
                                                                (FY2018)          (FY2018)          (FY2018)
----------------------------------------------------------------------------------------------------------------
California................................................             28.1%      $528,848,463    $1,882,023,000
New York..................................................             38.6%      $414,418,000   $1,073,0622,000
Maine.....................................................             17.5%       $20,851,000      $119,146,000
Maryland..................................................             54.3%      $180,080,000      $331,639,000
Vermont...................................................             17.6%       $10,839,000       $61,584,000
Virginia..................................................             42.7%       $59,350,000      $138,992,000
Federal*..................................................             35.2%    $4,268,355,168   $12,126,009,000
----------------------------------------------------------------------------------------------------------------
* Implicated revenue for the federal government if menthol cigarettes were federally banned. Source: Nielsen
  Consumer Data; Orzechowski and Walker, ``The Tax Burden on Tobacco,'' Volume 53, 2018; Tax Foundation
  calculations.

       The figures indicating revenue from menthol cigarettes 
     reflect the loss of revenue if all current consumers of 
     menthol cigarettes were to quit. That is almost certainly not 
     going to happen. In reality, some will quit, some will 
     substitute to other nicotine products, and some will access 
     the products illegally. The last option is the most fiscally 
     problematic because states will not only incur lost revenue, 
     they will also take on increased costs related to enforcement 
     of the ban. While it is impossible to estimate the exact 
     revenue effect, it is clear that revenues will decline.
       The impact differs significantly from state to state with 
     Maryland and Virginia seeing the largest effect. This is 
     likely due to larger minority populations in those states. In 
     a national survey in 2015, 76.8 percent of non-Hispanic black 
     adult smokers reported smoking menthol products.
       As I argue in my latest publication, there are several 
     problems with bans. The Pigouvian concept of internalizing 
     externalities suggests that inefficient market outcomes can 
     be addressed by an excise tax equal to the negative 
     externality. In other words, using taxes to price in societal 
     cost related to a product, such as increased governmental 
     medical expenses from cancers caused by tobacco smoke. This 
     is part of the idea behind levying excise taxes on tobacco 
     products. However, flavored nicotine products are helping 
     adult smokers quit cigarettes and switch to less harmful 
     products.

[[Page H1285]]

       Several states seem to have had this in mind and have taken 
     a lighter approach to the taxation of vaping products to keep 
     an incentive for smokers to move towards less harmful vaping. 
     Thus, on the one hand there is an argument for lower taxation 
     on vaping to move people away from smoking. On the other hand 
     a ban on flavored products would push users away from vaping 
     and back towards more harmful traditional tobacco products or 
     into the illegal market.
       In fact, a recent publication found that 32,400 smokers in 
     Minnesota were deterred from quitting cigarettes after the 
     state implemented a 95 percent excise tax on vapor products.
       Another study concluded that vapor products are highly 
     elastic and ``for every one standard e-cigarette pod (a 
     device that contains liquid nicotine in e-cigarettes) of 0.7 
     ml no longer purchased as a result of an e-cigarette tax, the 
     same tax increases traditional cigarettes purchased by 6.2 
     extra packs.''
       In the same way that exceptionally high tax rates on 
     products can create the incentives for illicit activities, a 
     ban certainly opens the door to contraband and bootleg 
     activities. Thus, bans are likely to hurt public health by 
     limiting adult smokers' ability to quit cigarettes and fuel 
     black market activity similar to when states levy heavy 
     taxation on cigarettes. Local bans in particular invite 
     smuggling activity in the same way that occurs when 
     localities have high cigarette excise taxes.
       Cigarettes are already being smuggled into and around the 
     country in large quantities, and nicotine-containing liquid 
     is coming into the U.S. from questionable sources. Black 
     market liquids and cigarettes have the problem of being 
     extremely unsafe and cost governments billions in lost taxes. 
     The recent serious pulmonary diseases have prompted the FDA 
     to publish a warning about black market THC-containing 
     liquid. Other reports of illicit products containing 
     dangerous chemicals resulting in serious conditions have been 
     released over the last months.
       On top of the dangers to consumers, the legal market would 
     suffer, as untaxed and unregulated products have significant 
     competitive advantages over high-priced legal products. This 
     would impact not only the large number of small business 
     owners operating over 10,000 vape shops around the country 
     but also convenience stores and gas stations relying heavily 
     on vapers as well as tobacco sales. Policymakers should not 
     lose sight of the law of unintended consequences as they set 
     tax rates and regulatory regimes for nicotine products.
       These unintended consequences have a real cost which the 
     taxpayers would have to cover, while the ban would result in 
     less revenue from the legal and regulated market. In states 
     like California, where tobacco tax revenue is earmarked to 
     certain government programs, the impact on revenue could lead 
     to underfunded programs which will need funding from other 
     sources.
       The prospect of a ban on flavored tobacco and nicotine 
     products highlights the complications of contradictory tax 
     and regulatory policy, the instability of excise taxes that 
     go beyond pricing in the cost of externalities, and the 
     public risks of driving consumers into the black market 
     through excessive taxation or regulation.

  Ms. CASTOR of Florida. Madam Speaker, I rise today in support of H.R. 
2339, the Protecting American Lungs and Reversing the Youth Tobacco 
Epidemic Act of 2019 and the efforts by the House to curb the youth e-
cigarette and vaping epidemic.
  Congress must take strong action to stop the marketing of tobacco 
products to children and end the e-cigarette epidemic among our youth. 
In 2009, Congress passed the Family Smoking Prevention and Tobacco 
Control Act (Tobacco Control Act), which provided the Food and Drug 
Administration (FDA) with authority to regulate certain tobacco 
products marketed towards children. And today, the House is passing the 
Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act 
introduced by Representatives Pallone and Shalala, which will 
strengthen the FDA's authority to regulate tobacco products marketed 
towards children, particularly the insidious e-cigarettes that have 
swept the country in the decade since we passed the Tobacco Control 
Act. The legislative intent is rooted in the important objective of 
preventing youth access to tobacco products and stopping big tobacco 
and others from preying on our children by developing a new generation 
of nicotine-addicted smokers.
  For years, many of my colleagues and I have worked with FDA and 
stakeholders to ensure that traditional, handcrafted premium cigars 
that are not used by or marketed to children are not swept up in an 
overbroad regulation. We introduced bipartisan legislation this 
Congress, as we have in last four Congresses, that reinforces the 
legislative intent of the Tobacco Control Act and narrowly defines 
traditional non-flavored handcrafted premium cigars not marketed to 
children. Our bill currently has 78 bipartisan cosponsors, and last 
Congress, our legislation H.R. 564 had 149 bipartisan cosponsors.
  I would like to thank Chairman Pallone for working with me and others 
to address what I believe could have been unintended consequences of 
H.R. 2339 of subjecting traditional large and premium cigars not 
marketed to children to overbroad regulation. The bill as amended in 
the Energy and Commerce Committee correctly exempts from certain 
regulations this small subset of traditional, handcrafted cigars that 
are not marketed to children. The FDA would continue to have the 
authority to subject traditional and large premium cigars to important 
FDA regulations like minimum age requirements; prohibition of 
adulterated and misbranded products; requirements to register and 
report products and ingredients; FDA inspections every two years; good 
manufacturing practices and tobacco product standards; user fees; and 
the FDA should have enforcement powers for these.
  While it was appropriate to provide exemption from certain provisions 
for traditional large and premium cigars in the bill, the definition of 
traditional large and premium cigars contained in H.R. 2339 should be 
updated to conform with the definition in H.R. 1854, to wit:
  A traditional large and premium cigar should be defined as any roll 
of tobacco that is wrapped in 100 percent leaf tobacco, bunched with 
100 percent tobacco filler, contains no filter, tip, flavor additive, 
or non-tobacco mouthpiece, and weighs at least 6 pounds per 1,000 
count. It also must either have a 100 percent leaf tobacco binder and 
be handrolled, or have a homogenized tobacco leaf binder and be made in 
the United States using human hands to lay the 100 percent leaf tobacco 
wrapper onto only one machine that bunches, wraps, and caps each 
individual cigar. And, it should explicitly exclude cigarettes or 
little cigars, as defined by the FDA.
  The above definition is essentially the definition from H.R. 2339 but 
without the single cigar retail price provision. The price point 
included in the bill has no rational basis for inclusion and a cigar 
made consistent with the definition above meets the test of the type of 
cigar not consumed by our youth. Had I had the opportunity to offer an 
amendment, I would have proposed striking this arbitrary provision from 
the legislation to ensure that the family cigar producers in my 
district, across Florida and small business owners across the country 
including the many mom and pop retail shops are not subjected to this 
unnecessary job-killing arbitrary price that lacks a rational basis.
  I look forward to continuing to work with the Senate, the FDA and to 
press my own bill in the House, H.R. 1854, to ensure that any laws or 
regulations that deal with traditional large and premium cigars are 
consistent with our shared goals of preventing youth tobacco use, 
stopping arbitrary or unintended regulation and protecting American 
jobs.
  Ms. JOHNSON of Texas. Madam Speaker, today, I rise in support of H.R. 
2339 the Protecting American Lungs and Reversing the Youth Tobacco 
Epidemic Act of 2019. This critical legislation provides a 
comprehensive approach to address the youth tobacco epidemic, which has 
surged in recent years with the introduction of such new tobacco 
products as e-cigarettes. The bill will prevent the loss of an entirely 
new generation to a lifetime of nicotine addiction.
  Tobacco use is the leading cause of preventable death, disability, 
and disease in the United States, and it is attributed to more than 
480,000 deaths in the United States each year. Even more concerning is 
the rapid escalation in youth e-cigarette use, as youth use of nicotine 
in any form is unsafe and can seriously harm brain development and lead 
to other forms of addiction. In 2019, 5.3 million middle and high 
school students have reported to have used e-cigarettes. According to 
the Centers for Disease Control and Prevention, these recent increases 
have erased the decline in any tobacco product use that occurred in 
previous years.
  As the first registered nurse elected to Congress, I am proud to 
support the Protecting American Lungs and Reversing the Youth Tobacco 
Epidemic Act. Particularly, I am pleased to be joined by the American 
Public Health Association, American Academy of Pediatrics, National 
Medical Association, NAACP, and the National Black Nurses Association, 
who have all shown their support for this critical legislation.
  As representatives of Americans from all corners of our country, we 
have a responsibility to protect the health and well-being of our 
communities and especially our children. On behalf of my home state of 
Texas, I urge my colleagues to support H.R. 2339.
  Mr. RESCHENTHALER. Madam Speaker, I commend the House Energy and 
Commerce Committee for including language in the Protecting American 
Lungs and Reversing the Youth Tobacco Epidemic Act of 2019 (H.R. 2339) 
to more appropriately treat premium cigars, which are marketed to and 
enjoyed by adult consumers. However, a $12 per cigar price requirement 
is arbitrary, impossible to enforce, and puts states like Pennsylvania 
at a significant disadvantage.
  Pennsylvania is home to small business premium cigar retailers, 
importers, distributors, and farmers who grow tobacco used in hand-

[[Page H1286]]

made cigars. The history of cigar tobacco farming in Pennsylvania dates 
to the 1700s, and today, farmers in the Commonwealth produce the 
coveted cigar leaf. Numerous premium cigar mail order companies are 
based in Pennsylvania, due to the state's favorable business climate. 
In fact, Pennsylvania is second in the nation in premium cigar industry 
jobs, and my district is home to small businesses who proudly serve 
their adult consumers.
  The Commonwealth is also one of few states without an additional tax 
on premium cigars. When I was in the Pennsylvania State Senate, I 
fought against proposals to impose such a tax, which would have 
crippled small businesses and hurt consumers. If a price requirement 
like the one proposed in this bill were enacted, small businesses in my 
district and across Pennsylvania would be disproportionately impacted, 
as more products in their humidors would fall below $12 than products 
in other states that are subject to higher taxes.
  Madam Speaker, while I am grateful this bill acknowledges that 
premium cigars are marketed and enjoyed solely by adults, a $12 price 
requirement will devastate Pennsylvania's cigar industry. As Congress 
and the Trump Administration continue to work to address important 
issues related to regulation of tobacco products, I urge removal of an 
arbitrary price point that picks winners and losers.

                          ____________________