[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 559. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1086. LIMITATION OF AUTHORITY WITH RESPECT TO PREMIUM 
                   CIGARS.

       (a) Exception for Traditional Large and Premium Cigars.--
     Section 901(c) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 387a(c)) is amended--
       (1) in paragraph (2), in the heading, by inserting ``for 
     certain tobacco leaf'' after ``authority''; and
       (2) by adding at the end the following:
       ``(3) Limitation of authority for certain cigars.--
       ``(A) In general.--The provisions of this chapter (except 
     for section 907(d)(3)) shall not apply to traditional large 
     and premium cigars.
       ``(B) Rule of construction.--Nothing in this chapter shall 
     be construed to grant the Secretary authority to promulgate 
     regulations on any matter that involves traditional large and 
     premium cigars.
       ``(C) Traditional large and premium cigar defined.--For 
     purposes of this paragraph, the term `traditional large and 
     premium cigar'--
       ``(i) means any roll of tobacco that is wrapped in 100-
     percent leaf tobacco, bunched with 100-percent tobacco 
     filler, contains no filter, tip or non-tobacco mouthpiece, 
     weighs at least 6 pounds per 1,000 count, and--

       ``(I) has a 100 percent leaf tobacco binder and is hand 
     rolled;
       ``(II) has a 100-percent leaf tobacco binder and is made 
     using human hands to lay the leaf tobacco wrapper or binder 
     onto only one machine that bunches, wraps, and caps each 
     individual cigar; or
       ``(III) has a homogenized tobacco leaf binder and is made 
     in the United States using human hands to lay the 100-percent 
     leaf tobacco wrapper onto only one machine that bunches, 
     wraps, and caps each individual cigar; and

       ``(ii) does not include a cigarette (as such term is 
     defined by section 900(3)) or a little cigar (as such term is 
     defined by section 900(11)).''.
       (b) Conforming Amendments.--Section 919(b) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended--
       (1) in paragraph (2)(B)(i)(II), by inserting ``, but 
     excluding traditional large and premium cigars (as such term 
     is defined under section 901(c)(3))'' before the period; and
       (2) in paragraph (5), by inserting ``subject to section 
     901(c)(3),'' before ``if a user fee''.
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