S.Amdt. 1030

SA 1030. Mr. DURBIN (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 948 proposed by Mr.
Shelby to the bill H.R. 3055, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2020, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title VII of division B, insert
the following:
Sec. __.  None of the funds provided by this Act may be
used by the Secretary of Health and Human Services to issue a
marketing order under subsection (c)(1)(A)(i) of section 910
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j)
or a substantial equivalence order under subsection
(a)(2)(A)(i) of such section 910, 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 of Health and
Human Services issues an order finding that the manufacturer
has demonstrated that use of the characterizing flavor--
(1) will increase the likelihood of smoking cessation among
current users of tobacco products;
(2) will not increase the likelihood of youth initiation of
nicotine or tobacco products; and
(3) will not increase the likelihood of harm to the person
using the characterizing flavor.
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