H.R. 2339 - Reversing the Youth Tobacco Epidemic Act of 2019 [Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020]

Bill Text

    Rules Committee Print 116-51 PDF XML

    Showing the text of H.R. 2339, as reported by the Committee on Energy and Commerce, H.R. 4742 and H.R. 4716, as reported by the Committee on Ways and Means, and H.R. 1570 as introduced, each with modifications.

    Text of H.R. 2339 PDF XML

    (as reported)

    Reports on Incorporated Bills

        H. Rept. 116-402  PDF
            ::  Report from the Committee on Energy and Commerce to accompany H.R. 2339

        H. Rept. 116-400  PDF
            ::  Report from the Committee on Ways and Means to accompany H.R. 4742

        H. Rept. 116-401  PDF
            ::  Report from the Committee on Ways and Means to accompany H.R. 4716

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 6-3 on Wednesday, February 26, 2020.

FLOOR ACTION ON H. RES. 866: 
Agreed to by record vote of 210-200, after agreeing to the previous question by record vote of 224-189, on Thursday, February 27, 2020.

MANAGERS: Shalala/Burgess

1. Closed rule.
2. Provides 90 minutes of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce and the chair and ranking minority member of the Committee on Ways and Means.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-51, modified by the amendment printed in the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides one motion to recommit with or without instructions.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 2Moore (WI)DemocratRevised Requires a study by the Department of Health and Human Services and the National Academy of Sciences, Engineering, and Medicine regarding pregnant women and vaping in order to identify gaps in current surveillance and research to inform programming to assist them in quitting.Revised
2Version 1Moore (WI)DemocratWithdrawn Authorizes the CDC to provide assistance to Defense Department efforts to reduce tobacco use, including among younger military recruits aged 17-22.Withdrawn
3Version 1Krishnamoorthi (IL), Maloney, Carolyn (NY), Tipton (CO)Bi-PartisanRequires e-cigarette companies to report to the FDA consumer complaints received about their e-cigarette product.Submitted
4Version 1Krishnamoorthi (IL), Maloney, Carolyn (NY)DemocratRequires the FDA to make a publicly available list of all e-cigarette products that have been issued an order to be sold.Submitted
5Version 1Brownley (CA)DemocratExtends the existing ban on cigarette advertising (15 U.S.C. 1335) to e-cigarettes.Submitted
6Version 1Burgess (TX)RepublicanStrikes the increase in user fees and requires the FDA to submit to Congress a written explanation of why it has not complied with the reporting requirements in the Family Smoking Prevention and Tobacco Control Act.Submitted
7Version 1Burgess (TX)RepublicanStrikes the increase in user fees for fiscal year 2021 unless the FDA submits to Congress the appropriate reports required under the Family Smoking Prevention and Tobacco Control Act.Submitted
8Version 1Burgess (TX)RepublicanImposes a sunset on the authorization for the FDA to collect user fees on tobacco products under the Federal Food, Drug, and Cosmetic Act, to be effective on October 1, 2024.Submitted
9Version 1Trone (MD)DemocratRequires the National Coordinator for Health Information Technology to develop strategies to ensure that electronic health records include options for vaping, water pipes, and other types of smoking to enhance accurate data collection and timely reporting. This would enable providers and researchers to better understand the prevalence of use of cigarette alternatives.Submitted
10Version 1Tlaib (MI)DemocratAdds to the study and report on e-cigarettes a section to study the public health impact of youth nicotine addiction, including the impact of e-cigarettes on youth nicotine addiction, the rate of youth nicotine addiction, and the harmful health effects of youth nicotine addiction.Submitted
11Version 1Levin, Andy (MI)DemocratEnsures that advertisements for tobacco products disclose the identity of any person, corporation, committee, association, or other entity that paid for the advertisement.Submitted
12Version 1Griffith (VA)RepublicanAmends the bill to include a prohibition against flavored marijuana products, stating that such products shall be treated in the same manner as flavored tobacco products.Submitted
13Version 1San Nicolas (GU)DemocratIncludes "Guam" in the definition of States and territories within 18 U.S.C. Chapter 114 Trafficking in Contraband Cigarettes and Smokeless Tobacco.Submitted
14Version 1Walden (OR)RepublicanRequires FDA to consider whether the denial of a marketing application for a flavored ENDS product will increase the likelihood that consumers will purchase illegal and adulterated products through the black market when determining whether a flavored product is less harmful than an unflavored ENDS product.Submitted
15Version 1Rose, Max (NY), Mullin (OK), McKinley (WV)Bi-PartisanLowers the age of purchasing tobacco from 21 to 18 for those in our nation's military.Submitted
16Version 1Ruiz (CA)DemocratRequires every electronic nicotine delivery system to be labeled as such, and to state that the device may contain nicotine.Submitted
17Version 1Pallone (NJ)DemocratMANAGER’S AMENDMENT Makes technical corrections in Section 103 and Section 109 of this Act.Considered as Adopted
18Version 1Crenshaw (TX), Hudson (NC), Lee, Susie (NV)Bi-PartisanExempts waterpipe (“Hookah”) tobacco from the prohibition on flavored tobacco products.Submitted
19Version 1Butterfield (NC), Clarke, Yvette (NY), McEachin (VA), Bishop, Sanford (GA), Fudge (OH), Hastings (FL), Hudson (NC), Rouzer (NC), Holding (NC), Foxx (NC)Bi-PartisanRemoves menthol from the prohibition on flavoring for tobacco products that are not electronic nicotine delivery systems.Submitted
20Version 1Hudson (NC), Crenshaw (TX), Budd (NC), Holding (NC), Comer (KY), Balderson (OH), Bishop, Dan (NC), Foxx (NC), Rouzer (NC), Lawson (FL), Gaetz (FL)Bi-PartisanCarves out menthol cigarettes, chewing tobacco, and cigars from the flavor ban for traditional tobacco products.Submitted

Committee Votes

Rules Committee Record Vote No. 248

Motion by Mr. Cole to report an open rule. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 249

Motion by Mr. Cole to amend the rule to H.R. 2339 to make in order amendment #19, offered by Rep. Butterfield (NC), which removes menthol from the prohibition on flavoring for tobacco products that are not electronic nicotine delivery systems. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 250

Motion by Mr. Woodall to amend the rule to H.R. 2339 to make in order amendment #18, offered by Rep. Crenshaw (TX), which exempts waterpipe (“Hookah”) tobacco from the prohibition on flavored tobacco products. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 251

Motion by Mr. Woodall to amend the rule to H.R. 2339 to make in order amendment #14, offered by Rep. Walden (OR), which requires FDA to consider whether the denial of a marketing application for a flavored ENDS product will increase the likelihood that consumers will purchase illegal and adulterated products through the black market when determining whether a flavored product is less harmful than an unflavored ENDS product. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 252

Motion by Mr. Woodall to amend the rule to H.R. 2339 to make in order amendment #7, offered by Rep. Burgess (TX), which strikes the increase in user fees for fiscal year 2021 unless the FDA submits to Congress the appropriate reports required under the Family Smoking Prevention and Tobacco Control Act. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 253

Motion by Mrs. Lesko to amend the rule to H.R. 2339 to make in order amendment #12, offered by Rep. Griffith (VA), which amends the bill to include a prohibition against flavored marijuana products, stating that such products shall be treated in the same manner as flavored tobacco products. Defeated: 3–6

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
Nay
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
No Vote
Mrs. Lesko
Yea
Rules Committee Record Vote No. 254

Motion by Ms. Shalala to report the rule. Adopted: 6–3

Majority Member
Vote
Mr. Hastings
No Vote
Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
Yea
Ms. Scanlon
No Vote
Mr. Morelle
Yea
Ms. Shalala
Yea
Mr. DeSaulnier
Yea
Mr. McGovern, Chairman
No Vote
Minority Member
Vote
Mr. Cole
Nay
Mr. Woodall
Nay
Mr. Burgess
No Vote
Mrs. Lesko
Nay