Youth Vaping Prevention Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 293 To prevent and reduce the use of tobacco products, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2019 Ms. DELAURO introduced the following bill; which was referred to the Com- mittee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To prevent and reduce the use of tobacco products, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Youth Vaping Preven- 4 tion Act of 2019’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—STOP TOBACCO SALES TO YOUTH VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 2 •HR 293 IH Sec. 101. Findings. Sec. 102. Amendments. Sec. 103. Exclusions regarding Indian tribes and tribal matters. Sec. 104. Severability. Sec. 105. Effective date. TITLE II—ESTABLISHING EXCISE TAX EQUITY AMONG ALL TOBACCO PRODUCT TAX RATES Sec. 201. Establishing excise tax equity among all tobacco product tax rates. TITLE III—RESTRICTIONS ON USE OF TOBACCO FLAVORS Sec. 301. Additional restrictions on use of tobacco flavors. TITLE I—STOP TOBACCO SALES 1 TO YOUTH 2 SEC. 101. FINDINGS. 3 The Congress finds the following: 4 (1) Tobacco products cause numerous serious 5 diseases, including cancer, heart disease, and res- 6 piratory disease, and they contain nicotine, a highly 7 addictive substance. 8 (2) According to the Surgeon General of the 9 United States, adolescents are particularly vulner- 10 able to the adverse effects of nicotine, and adoles- 11 cent exposure to nicotine may have lasting adverse 12 consequences for brain development. 13 (3) Youth use of electronic cigarettes and hook- 14 ah (water pipe) has risen according to the National 15 Youth Tobacco Survey released by the Centers for 16 Disease Control and Prevention, and the Food and 17 Drug Administration, in April 2015. 18 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 3 •HR 293 IH (4) Current use of electronic cigarettes among 1 high school students tripled from 4.5 percent in 2 2013 to 13.4 percent in 2014 (compared to 1.5 per- 3 cent in 2011); approximately 2,000,000 high school 4 students currently use these products. 5 (5) Current use of electronic cigarettes among 6 middle school students tripled from 1.1 percent in 7 2013 to 3.9 percent in 2014; approximately 450,000 8 middle school students currently use these products. 9 (6) Current use of hookah among high school 10 students increased from 4.1 percent in 2011 to 9.4 11 percent in 2014. 12 (7) Current use of cigars among high school 13 students was 8.2 percent in 2014 (1,200,000 stu- 14 dents). Current use of cigars among high school 15 boys was 10.8 percent, about the same rate at which 16 they smoke cigarettes (10.6 percent). 17 (8) The sale of electronic cigarettes, cigars, 18 hookah, and other tobacco products over the inter- 19 net, and through mail, fax, or phone orders, makes 20 it cheaper and easier for children to obtain these 21 products. 22 (9) Electronic cigarettes are being marketed in 23 ways that appeal to youth, in the form of advertising 24 using images that appeal to youth, advertisements 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 4 •HR 293 IH on television and the internet, and sponsorships of 1 events popular with youth, such as concerts and 2 sporting events. 3 (10) According to a study published in March 4 2015 in the Journal of the American Medical Asso- 5 ciation Pediatrics, 93.7 percent of youth partici- 6 pating in a study of internet electronic cigarette 7 sales successfully purchased electronic cigarettes be- 8 cause the websites lacked adequate age-verification 9 methods. 10 SEC. 102. AMENDMENTS. 11 Section 1 of the Act of October 19, 1949 (15 U.S.C. 12 375); commonly referred to as the ‘‘Jenkins Act’’), is 13 amended— 14 (1) in paragraph (2)— 15 (A) in subparagraph (A)— 16 (i) in clause (i) by striking ‘‘and’’ at 17 the end; 18 (ii) in clause (ii) by striking the pe- 19 riod at the end and inserting ‘‘; and’’; and 20 (iii) by adding at the end the fol- 21 lowing: 22 ‘‘(iii) includes electronic cigarettes.’’; 23 and 24 (B) in subparagraph (B)— 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 5 •HR 293 IH (i) in the heading by striking ‘‘EX- 1 CEPTION’’ and inserting ‘‘INCLUSIONS’’; 2 (ii) by striking ‘‘does not include’’ and 3 inserting ‘‘includes’’; and 4 (iii) by inserting ‘‘and pipe tobacco 5 (as defined in section 5702 of the Internal 6 Revenue Code of 1986)’’ before the period 7 at the end; and 8 (2) by inserting after paragraph (6) the fol- 9 lowing: 10 ‘‘(6A) ELECTRONIC CIGARETTE.—The term 11 ‘electronic cigarette’ means any electronic device 12 that delivers nicotine, flavor, or other substance via 13 an aerosolized solution (including an electronic ciga- 14 rette, cigar, pipe, or hookah) to the user inhaling 15 from the device (including any component, liquid, 16 part, or accessory of such a device whether or not 17 sold separately) but excludes a product that— 18 ‘‘(A) is approved by the Food and Drug 19 Administration for sale as a tobacco cessation 20 product or for another therapeutic purpose; and 21 ‘‘(B) is marketed and sold solely for a pur- 22 pose approved as described in subparagraph 23 (A).’’. 24 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 6 •HR 293 IH SEC. 103. EXCLUSIONS REGARDING INDIAN TRIBES AND 1 TRIBAL MATTERS. 2 (a) IN GENERAL.—Nothing in this Act or the amend- 3 ments made by this Act shall be construed to amend, mod- 4 ify, or otherwise affect— 5 (1) any agreements, compacts, or other inter- 6 governmental arrangements between any State or 7 local government and any government of an Indian 8 tribe (as that term is defined in section 4(e) of the 9 Indian Self-Determination and Education Assistance 10 Act (25 U.S.C. 450b(e))) relating to the collection of 11 taxes on cigarettes or smokeless tobacco sold in In- 12 dian country; 13 (2) any State laws that authorize or otherwise 14 pertain to any such intergovernmental arrangements 15 or create special rules or procedures for the collec- 16 tion of State, local, or tribal taxes on cigarettes or 17 smokeless tobacco sold in Indian country; 18 (3) any limitations under Federal or State law, 19 including Federal common law and treaties, on 20 State, local, and tribal tax and regulatory authority 21 with respect to the sale, use, or distribution of ciga- 22 rettes and smokeless tobacco by or to Indian tribes, 23 tribal members, tribal enterprises, or in Indian coun- 24 try; 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 7 •HR 293 IH (4) any Federal law, including Federal common 1 law and treaties, regarding State jurisdiction, or 2 lack thereof, over any tribe, tribal members, tribal 3 enterprises, tribal reservations, or other lands held 4 by the United States in trust for one or more Indian 5 tribes; or 6 (5) any State or local government authority to 7 bring enforcement actions against persons located in 8 Indian country. 9 (b) COORDINATION OF LAW ENFORCEMENT.—Noth- 10 ing in this Act or the amendments made by this Act shall 11 be construed to inhibit or otherwise affect any coordinated 12 law enforcement effort by one or more States or other ju- 13 risdictions, including Indian tribes, through interstate 14 compact or otherwise, that— 15 (1) provides for the administration of tobacco 16 product laws or laws pertaining to interstate sales or 17 other sales of tobacco products; 18 (2) provides for the seizure of tobacco products 19 or other property related to a violation of such laws; 20 or 21 (3) establishes cooperative programs for the ad- 22 ministration of such laws. 23 (c) TREATMENT OF STATE AND LOCAL GOVERN- 24 MENTS.—Nothing in this Act or the amendments made 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 8 •HR 293 IH by this Act shall be construed to authorize, deputize, or 1 commission States or local governments as instrumental- 2 ities of the United States. 3 (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 4 Nothing in this Act or the amendments made by this Act 5 shall prohibit, limit, or restrict enforcement by the Attor- 6 ney General of the United States of this Act or an amend- 7 ment made by this Act within Indian country. 8 (e) AMBIGUITY.—Any ambiguity between the lan- 9 guage of this section or its application and any other pro- 10 vision of this Act shall be resolved in favor of this section. 11 (f) DEFINITIONS.—In this section— 12 (1) the term ‘‘Indian country’’ has the meaning 13 given that term in section 1 of the Act of October 14 19, 1949 (15 U.S.C. 375; commonly referred to as 15 the ‘‘Jenkins Act’’), as amended by this Act; and 16 (2) the term ‘‘tribal enterprise’’ means any 17 business enterprise, regardless of whether incor- 18 porated or unincorporated under Federal or tribal 19 law, of an Indian tribe or group of Indian tribes. 20 SEC. 104. SEVERABILITY. 21 If any provision of this title, or any amendment made 22 by this title, or the application thereof to any person or 23 circumstance, is held invalid, the remainder of the title 24 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 9 •HR 293 IH and the application of the title to any other person or cir- 1 cumstance shall not be affected thereby. 2 SEC. 105. EFFECTIVE DATE. 3 This title, and the amendments made by this title, 4 shall take effect 90 days after the date of the enactment 5 of this Act. 6 TITLE II—ESTABLISHING EXCISE 7 TAX EQUITY AMONG ALL TO- 8 BACCO PRODUCT TAX RATES 9 SEC. 201. ESTABLISHING EXCISE TAX EQUITY AMONG ALL 10 TOBACCO PRODUCT TAX RATES. 11 (a) TAX PARITY FOR PIPE TOBACCO AND ROLL- 12 YOUR-OWN TOBACCO.—Section 5701(f) of the Internal 13 Revenue Code of 1986 is amended by striking ‘‘$2.8311 14 cents’’ and inserting ‘‘$24.78’’. 15 (b) TAX PARITY FOR SMOKELESS TOBACCO.— 16 (1) Section 5701(e) of the Internal Revenue 17 Code of 1986 is amended— 18 (A) in paragraph (1), by striking ‘‘$1.51’’ 19 and inserting ‘‘$13.42’’; 20 (B) in paragraph (2), by striking ‘‘50.33 21 cents’’ and inserting ‘‘$5.37’’; and 22 (C) by adding at the end the following: 23 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 10 •HR 293 IH ‘‘(3) SMOKELESS TOBACCO SOLD IN DISCRETE 1 SINGLE-USE UNITS.—On discrete single-use units, 2 $50.33 per thousand.’’. 3 (2) Section 5702(m) of such Code is amend- 4 ed— 5 (A) in paragraph (1), by striking ‘‘or chew- 6 ing tobacco’’ and inserting ‘‘, chewing tobacco, 7 or discrete single-use unit’’; 8 (B) in paragraphs (2) and (3), by inserting 9 ‘‘that is not a discrete single-use unit’’ before 10 the period in each such paragraph; and 11 (C) by adding at the end the following: 12 ‘‘(4) DISCRETE SINGLE-USE UNIT.—The term 13 ‘discrete single-use unit’ means any product con- 14 taining tobacco that— 15 ‘‘(A) is not intended to be smoked; and 16 ‘‘(B) is in the form of a lozenge, tablet, 17 pill, pouch, dissolvable strip, or other discrete 18 single-use or single-dose unit.’’. 19 (c) TAX PARITY FOR LARGE CIGARS.— 20 (1) IN GENERAL.—Paragraph (2) of section 21 5701(a) of the Internal Revenue Code of 1986 is 22 amended by striking ‘‘52.75 percent’’ and all that 23 follows through the period and inserting the fol- 24 lowing: ‘‘$24.78 per pound and a proportionate tax 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 11 •HR 293 IH at the like rate on all fractional parts of a pound but 1 not less than 5.033 cents per cigar.’’. 2 (2) GUIDANCE.—The Secretary of the Treas- 3 ury, or the Secretary’s delegate, may issue guidance 4 regarding the appropriate method for determining 5 the weight of large cigars for purposes of calculating 6 the applicable tax under section 5701(a)(2) of the 7 Internal Revenue Code of 1986. 8 (d) TAX PARITY FOR ROLL-YOUR-OWN TOBACCO 9 AND CERTAIN PROCESSED TOBACCO.—Subsection (o) of 10 section 5702 of the Internal Revenue Code of 1986 is 11 amended by inserting ‘‘, and includes processed tobacco 12 that is removed for delivery or delivered to a person other 13 than a person with a permit provided under section 5713, 14 but does not include removals of processed tobacco for ex- 15 portation’’ after ‘‘wrappers thereof’’. 16 (e) CLARIFYING TAX RATE FOR OTHER TOBACCO 17 PRODUCTS.— 18 (1) IN GENERAL.—Section 5701 of the Internal 19 Revenue Code of 1986 is amended by adding at the 20 end the following new subsection: 21 ‘‘(i) OTHER TOBACCO PRODUCTS.—Any product not 22 otherwise described under this section that has been deter- 23 mined to be a tobacco product by the Food and Drug Ad- 24 ministration through its authorities under the Family 25 VerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293 pbinns on DSK79D2C42PROD with BILLS 12 •HR 293 IH Smoking Prevention and Tobacco Control Act shall be 1 taxed at a level of tax equivalent to the tax rate for ciga- 2 rettes on an estimated per use basis as determined by the 3 Secretary.’’. 4 (2) ESTABLISHING PER USE BASIS.—For pur- 5 poses of section 5701(i) of the Internal Revenue 6 Code of 1986, not later than 12 months after the 7 later of the date of the enactment of this Act or the 8 date that a product has been determined to be a to- 9 bacco product by the Food and Drug Administra- 10 tion, the Secretary of the Treasury (or the Secretary 11 of the Treasury’s delegate) shall issue final regula- 12 tions establishing the level of tax for such product 13 that is equivalent to the tax rate for cigarettes on 14 an estimated per use basi [Text truncated for display. 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