August 1, 2018 - Issue: Vol. 164, No. 130 — Daily Edition115th Congress (2017 - 2018) - 2nd Session
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS; Congressional Record Vol. 164, No. 130
(Senate - August 01, 2018)
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[Pages S5585-S5586] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. DURBIN (for himself and Ms. Murkowski): S. 3319. A bill to impose additional restrictions on tobacco flavors for use in e-cigarettes; to the Committee on Health, Education, Labor, and Pensions. Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 3319 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Appealing Flavors in E-Cigarettes for Kids Act'' or the ``SAFE Kids Act''. SEC. 2. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO FLAVORS. (a) Tobacco Product Standards.--Section 907(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: ``(B) Special rule for tobacco products other than cigarettes.-- ``(i) In general.--Except as provided in clause (ii), a tobacco product that is not a cigarette, or any component, part, or accessory of such a product, shall not contain, as a constituent (including a smoke or aerosol constituent) or additive, an artificial or natural flavor (other than tobacco) or an herb or spice (including menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, and coffee) that is a characterizing flavor of the tobacco product, tobacco smoke, or aerosol emitted from the product. Nothing in this subparagraph shall be construed to limit the Secretary's authority to take action under this section or other provisions of this Act applicable to any artificial or natural flavor, herb, or spice not specified in this subparagraph. ``(ii) Exceptions.--An electronic nicotine delivery system component or part shall not contain or use an artificial or natural flavor (other than tobacco) that is a characterizing flavor of the product or its aerosol unless the Secretary issues an order finding that a manufacturer has demonstrated that use of the characterizing flavor-- ``(I) will increase the likelihood of smoking cessation among current users of tobacco products; ``(II) will not increase the likelihood of youth initiation of nicotine or tobacco products; and ``(III) will not increase the likelihood of harm to the person using the characterizing flavor.''. (b) Definitions.--Section 900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387) is amended-- (1) by redesignating paragraphs (8) through (22) as paragraphs (9) through (23); and (2) by inserting after paragraph (7) the following: ``(8) Electronic nicotine delivery system.--The term `electronic nicotine delivery system'-- ``(A) means any electronic device that delivers nicotine, flavor, or another substance via an aerosolized solution to the user inhaling from the device (including e-cigarettes, e- hookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes) and any component, liquid, part, or accessory of such a device, whether or not sold separately; and ``(B) does not include a product that-- ``(i) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and ``(ii) is marketed and sold solely for a purpose described in (i).''. (c) Conforming Amendment.--Section 9(1) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4408(1)) is amended by striking ``section 900(18)'' and inserting ``section 900(19)''. (d) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. ______ By Mr. SCHUMER (for himself and Mrs. Gillibrand): S. 3331. A bill to provide for an equitable management of summer flounder based on geographic, scientific, and economic data and for other purposes; to the Committee on Commerce, Science, and Transportation. Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. [[Page S5586]] There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 3331 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fluke Fairness Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data that occurred over a decade ago and the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. (2) Council.--The term ``Council'' means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Summer flounder.--The term ``summer flounder'' means the species Paralichthys dentatus. SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM. (a) Fishery Management Plan Modification.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial and recreational management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the allocation of commercial or recreational catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation With the Commission.--In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and approve such a modified plan or amendment. SEC. 5. REPORT. Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial and recreational management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards. ____________________