S.Amdt. 559

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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