[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2463 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2463
To amend the Internal Revenue Code of 1986 to provide for regulation
and taxation of electronic cigarettes and alternative nicotine
products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2019
Mr. Wyden (for himself, Mrs. Feinstein, Mr. Reed, Mr. Carper, Ms.
Stabenow, Mr. Cardin, Mr. Whitehouse, Mr. Udall, Mrs. Shaheen, Mr.
Merkley, Mr. Bennet, Mr. Coons, Mr. Heinrich, Mr. King, Mr. Markey, Mr.
Van Hollen, Ms. Hassan, Ms. Smith, and Mrs. Murray) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for regulation
and taxation of electronic cigarettes and alternative nicotine
products.
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 ``E-Cigarette Tax Parity Act''.
SEC. 2. REGULATION AND TAXATION OF ELECTRONIC CIGARETTES AND
ALTERNATIVE NICOTINE PRODUCTS.
(a) Imposition, Rate, and Attachment of Tax.--Section 5701 of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating subsection (h) as subsection (i), and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Alternative Nicotine Products.--
``(1) In general.--On alternative nicotine products,
manufactured in or imported into the United States, there shall
be imposed a tax equal to the applicable dollar amount per gram
of nicotine (and a proportionate tax at the like rate on all
fractional parts of a gram) contained in such product.
``(2) Applicable dollar amount.--For purposes of this
subsection, the applicable dollar amount shall be equal to--
``(A) $50.33, or
``(B) for any specified class of alternative
nicotine products which is identified pursuant to
regulations prescribed by the Secretary, such amount as
may be determined by the Secretary (in consultation
with the Secretary of Health and Human Services) to be
equivalent to the rate of tax imposed on cigarettes
under subsection (b)(1) on an estimated per use basis
for such class of alternative nicotine products.''.
(b) Definitions.--Section 5702 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (c), by striking ``and roll-your-own
tobacco'' and inserting ``roll-your-own tobacco, and
alternative nicotine products'',
(2) in subsection (d), by striking ``or roll-your-own
tobacco'' each place it appears and inserting ``roll-your-own
tobacco, or alternative nicotine products'', and
(3) by adding at the end the following new subsection:
``(q) Alternative Nicotine Product.--
``(1) In general.--Subject to paragraph (2), the term
`alternative nicotine product' means any product containing
nicotine which is--
``(A) suitable for and likely to be offered to, or
purchased by--
``(i) a consumer for the inhalation,
ingestion, absorption, or consumption of
nicotine, or
``(ii) a person for the production of a
product described in clause (i), and
``(B) sold, transferred, or delivered to any person
not possessing a permit provided for in section 5713(a)
as a manufacturer, importer, or export warehouse
proprietor.
``(2) Exceptions.--Pursuant to regulations prescribed by
the Secretary, the term `alternative nicotine product' shall
not include--
``(A) tobacco, processed tobacco, cigars,
cigarettes, smokeless tobacco, pipe tobacco, or roll-
your-own tobacco, or
``(B) any product which--
``(i) has been approved by the Food and
Drug Administration for sale as a tobacco
cessation product or for other therapeutic
purposes, and
``(ii) is marketed and sold solely for a
purpose approved as described in clause (i).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
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