I 

116TH CONGRESS 

1ST SESSION H. R. 293 

To prevent and reduce the use of tobacco products, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2019 

Ms. DELAURO introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the 

Judiciary, and Energy and Commerce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent and reduce the use of tobacco products, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Youth Vaping Preven5 tion Act of 2019’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—STOP TOBACCO SALES TO YOUTH 


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Sec. 101. Findings. 

Sec. 102. Amendments. 

Sec. 103. Exclusions regarding Indian tribes and tribal matters. 

Sec. 104. Severability. 

Sec. 105. Effective date. 

TITLE II—ESTABLISHING EXCISE TAX EQUITY AMONG ALL 

TOBACCO PRODUCT TAX RATES 

Sec. 201. Establishing excise tax equity among all tobacco product tax rates. 

TITLE III—RESTRICTIONS ON USE OF TOBACCO FLAVORS 

Sec. 301. Additional restrictions on use of tobacco flavors. 

1 TITLE I—STOP TOBACCO SALES 

2 TO YOUTH 

3 SEC. 101. FINDINGS. 

4 The Congress finds the following: 

5 (1) Tobacco products cause numerous serious 

6 diseases, including cancer, heart disease, and res7 piratory disease, and they contain nicotine, a highly 

8 addictive substance. 

9 (2) According to the Surgeon General of the 

10 United States, adolescents are particularly vulner11 able to the adverse effects of nicotine, and adoles12 cent exposure to nicotine may have lasting adverse 

13 consequences for brain development. 

14 (3) Youth use of electronic cigarettes and hook15 ah (water pipe) has risen according to the National 

16 Youth Tobacco Survey released by the Centers for 

17 Disease Control and Prevention, and the Food and 

18 Drug Administration, in April 2015. 


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1 (4) Current use of electronic cigarettes among 

2 high school students tripled from 4.5 percent in 

3 2013 to 13.4 percent in 2014 (compared to 1.5 per4 cent in 2011); approximately 2,000,000 high school 

5 students currently use these products. 

6 (5) Current use of electronic cigarettes among 

7 middle school students tripled from 1.1 percent in 

8 2013 to 3.9 percent in 2014; approximately 450,000 

9 middle school students currently use these products. 

10 (6) Current use of hookah among high school 

11 students increased from 4.1 percent in 2011 to 9.4 

12 percent in 2014. 

13 (7) Current use of cigars among high school 

14 students was 8.2 percent in 2014 (1,200,000 stu15 dents). Current use of cigars among high school 

16 boys was 10.8 percent, about the same rate at which 

17 they smoke cigarettes (10.6 percent). 

18 (8) The sale of electronic cigarettes, cigars, 

19 hookah, and other tobacco products over the inter20 net, and through mail, fax, or phone orders, makes 

21 it cheaper and easier for children to obtain these 

22 products. 

23 (9) Electronic cigarettes are being marketed in 

24 ways that appeal to youth, in the form of advertising 

25 using images that appeal to youth, advertisements 


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1 on television and the internet, and sponsorships of 

2 events popular with youth, such as concerts and 

3 sporting events. 

4 (10) According to a study published in March 

5 2015 in the Journal of the American Medical Asso6 ciation Pediatrics, 93.7 percent of youth partici7 pating in a study of internet electronic cigarette 

8 sales successfully purchased electronic cigarettes be9 cause the websites lacked adequate age-verification 

10 methods. 

11 SEC. 102. AMENDMENTS. 

12 Section 1 of the Act of October 19, 1949 (15 U.S.C. 

13 375); commonly referred to as the ‘‘Jenkins Act’’), is 

14 amended— 

15 (1) in paragraph (2)— 

16 (A) in subparagraph (A)— 

17 (i) in clause (i) by striking ‘‘and’’ at 

18 the end; 

19 (ii) in clause (ii) by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) includes electronic cigarettes.’’; 

24 and 

25 (B) in subparagraph (B)— 


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1 (i) in the heading by striking ‘‘EX2 CEPTION’’ and inserting ‘‘INCLUSIONS’’; 

3 (ii) by striking ‘‘does not include’’ and 

4 inserting ‘‘includes’’; and 

5 (iii) by inserting ‘‘and pipe tobacco 

6 (as defined in section 5702 of the Internal 

7 Revenue Code of 1986)’’ before the period 

8 at the end; and 

9 (2) by inserting after paragraph (6) the fol10 lowing: 

11 ‘‘(6A) ELECTRONIC CIGARETTE.—The term 

12 ‘electronic cigarette’ means any electronic device 

13 that delivers nicotine, flavor, or other substance via 

14 an aerosolized solution (including an electronic ciga15 rette, cigar, pipe, or hookah) to the user inhaling 

16 from the device (including any component, liquid, 

17 part, or accessory of such a device whether or not 

18 sold separately) but excludes a product that— 

19 ‘‘(A) is approved by the Food and Drug 

20 Administration for sale as a tobacco cessation 

21 product or for another therapeutic purpose; and 

22 ‘‘(B) is marketed and sold solely for a pur23 pose approved as described in subparagraph 

24 (A).’’. 


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1 SEC. 103. EXCLUSIONS REGARDING INDIAN TRIBES AND 

2 TRIBAL MATTERS. 

3 (a) IN GENERAL.—Nothing in this Act or the amend4 ments made by this Act shall be construed to amend, mod5 ify, or otherwise affect— 

6 (1) any agreements, compacts, or other inter7 governmental arrangements between any State or 

8 local government and any government of an Indian 

9 tribe (as that term is defined in section 4(e) of the 

10 Indian Self-Determination and Education Assistance 

11 Act (25 U.S.C. 450b(e))) relating to the collection of 

12 taxes on cigarettes or smokeless tobacco sold in In13 dian country; 

14 (2) any State laws that authorize or otherwise 

15 pertain to any such intergovernmental arrangements 

16 or create special rules or procedures for the collec17 tion of State, local, or tribal taxes on cigarettes or 

18 smokeless tobacco sold in Indian country; 

19 (3) any limitations under Federal or State law, 

20 including Federal common law and treaties, on 

21 State, local, and tribal tax and regulatory authority 

22 with respect to the sale, use, or distribution of ciga23 rettes and smokeless tobacco by or to Indian tribes, 

24 tribal members, tribal enterprises, or in Indian coun25 try; 


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1 (4) any Federal law, including Federal common 

2 law and treaties, regarding State jurisdiction, or 

3 lack thereof, over any tribe, tribal members, tribal 

4 enterprises, tribal reservations, or other lands held 

5 by the United States in trust for one or more Indian 

6 tribes; or 

7 (5) any State or local government authority to 

8 bring enforcement actions against persons located in 

9 Indian country. 

10 (b) COORDINATION OF LAW ENFORCEMENT.—Noth11 ing in this Act or the amendments made by this Act shall 

12 be construed to inhibit or otherwise affect any coordinated 

13 law enforcement effort by one or more States or other ju14 risdictions, including Indian tribes, through interstate 

15 compact or otherwise, that— 

16 (1) provides for the administration of tobacco 

17 product laws or laws pertaining to interstate sales or 

18 other sales of tobacco products; 

19 (2) provides for the seizure of tobacco products 

20 or other property related to a violation of such laws; 

21 or 

22 (3) establishes cooperative programs for the ad23 ministration of such laws. 

24 (c) TREATMENT OF STATE AND LOCAL GOVERN25 MENTS.—Nothing in this Act or the amendments made 


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1 by this Act shall be construed to authorize, deputize, or 

2 commission States or local governments as instrumental3 ities of the United States. 

4 (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 

5 Nothing in this Act or the amendments made by this Act 

6 shall prohibit, limit, or restrict enforcement by the Attor7 ney General of the United States of this Act or an amend8 ment made by this Act within Indian country. 

9 (e) AMBIGUITY.—Any ambiguity between the lan10 guage of this section or its application and any other pro11 vision of this Act shall be resolved in favor of this section. 

12 (f) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Indian country’’ has the meaning 

14 given that term in section 1 of the Act of October 

15 19, 1949 (15 U.S.C. 375; commonly referred to as 

16 the ‘‘Jenkins Act’’), as amended by this Act; and 

17 (2) the term ‘‘tribal enterprise’’ means any 

18 business enterprise, regardless of whether incor19 porated or unincorporated under Federal or tribal 

20 law, of an Indian tribe or group of Indian tribes. 

21 SEC. 104. SEVERABILITY. 

22 If any provision of this title, or any amendment made 

23 by this title, or the application thereof to any person or 

24 circumstance, is held invalid, the remainder of the title 


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1 and the application of the title to any other person or cir2 cumstance shall not be affected thereby. 

3 SEC. 105. EFFECTIVE DATE. 

4 This title, and the amendments made by this title, 

5 shall take effect 90 days after the date of the enactment 

6 of this Act. 

7 TITLE II—ESTABLISHING EXCISE 

8 TAX EQUITY AMONG ALL TO9 BACCO PRODUCT TAX RATES 

10 SEC. 201. ESTABLISHING EXCISE TAX EQUITY AMONG ALL 

11 TOBACCO PRODUCT TAX RATES. 

12 (a) TAX PARITY FOR PIPE TOBACCO AND ROLL13 YOUR-OWN TOBACCO.—Section 5701(f) of the Internal 

14 Revenue Code of 1986 is amended by striking ‘‘$2.8311 

15 cents’’ and inserting ‘‘$24.78’’. 

16 (b) TAX PARITY FOR SMOKELESS TOBACCO.— 

17 (1) Section 5701(e) of the Internal Revenue 

18 Code of 1986 is amended— 

19 (A) in paragraph (1), by striking ‘‘$1.51’’ 

20 and inserting ‘‘$13.42’’; 

21 (B) in paragraph (2), by striking ‘‘50.33 

22 cents’’ and inserting ‘‘$5.37’’; and 

23 (C) by adding at the end the following: 


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1 ‘‘(3) SMOKELESS TOBACCO SOLD IN DISCRETE

2 SINGLE-USE UNITS.—On discrete single-use units, 

3 $50.33 per thousand.’’. 

4 (2) Section 5702(m) of such Code is amend5 ed— 

6 (A) in paragraph (1), by striking ‘‘or chew7 ing tobacco’’ and inserting ‘‘, chewing tobacco, 

8 or discrete single-use unit’’; 

9 (B) in paragraphs (2) and (3), by inserting 

10 ‘‘that is not a discrete single-use unit’’ before 

11 the period in each such paragraph; and 

12 (C) by adding at the end the following: 

13 ‘‘(4) DISCRETE SINGLE-USE UNIT.—The term 

14 ‘discrete single-use unit’ means any product con15 taining tobacco that— 

16 ‘‘(A) is not intended to be smoked; and 

17 ‘‘(B) is in the form of a lozenge, tablet, 

18 pill, pouch, dissolvable strip, or other discrete 

19 single-use or single-dose unit.’’. 

20 (c) TAX PARITY FOR LARGE CIGARS.— 

21 (1) IN GENERAL.—Paragraph (2) of section 

22 5701(a) of the Internal Revenue Code of 1986 is 

23 amended by striking ‘‘52.75 percent’’ and all that 

24 follows through the period and inserting the fol25 lowing: ‘‘$24.78 per pound and a proportionate tax 


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1 at the like rate on all fractional parts of a pound but 

2 not less than 5.033 cents per cigar.’’. 

3 (2) GUIDANCE.—The Secretary of the Treas4 ury, or the Secretary’s delegate, may issue guidance 

5 regarding the appropriate method for determining 

6 the weight of large cigars for purposes of calculating 

7 the applicable tax under section 5701(a)(2) of the 

8 Internal Revenue Code of 1986. 

9 (d) TAX PARITY FOR ROLL-YOUR-OWN TOBACCO

10 AND CERTAIN PROCESSED TOBACCO.—Subsection (o) of 

11 section 5702 of the Internal Revenue Code of 1986 is 

12 amended by inserting ‘‘, and includes processed tobacco 

13 that is removed for delivery or delivered to a person other 

14 than a person with a permit provided under section 5713, 

15 but does not include removals of processed tobacco for ex16 portation’’ after ‘‘wrappers thereof’’. 

17 (e) CLARIFYING TAX RATE FOR OTHER TOBACCO

18 PRODUCTS.— 

19 (1) IN GENERAL.—Section 5701 of the Internal 

20 Revenue Code of 1986 is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(i) OTHER TOBACCO PRODUCTS.—Any product not 

23 otherwise described under this section that has been deter24 mined to be a tobacco product by the Food and Drug Ad25 ministration through its authorities under the Family 


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1 Smoking Prevention and Tobacco Control Act shall be 

2 taxed at a level of tax equivalent to the tax rate for ciga3 rettes on an estimated per use basis as determined by the 

4 Secretary.’’. 

5 (2) ESTABLISHING PER USE BASIS.—For pur6 poses of section 5701(i) of the Internal Revenue 

7 Code of 1986, not later than 12 months after the 

8 later of the date of the enactment of this Act or the 

9 date that a product has been determined to be a to10 bacco product by the Food and Drug Administra11 tion, the Secretary of the Treasury (or the Secretary 

12 of the Treasury’s delegate) shall issue final regula13 tions establishing the level of tax for such product 

14 that is equivalent to the tax rate for cigarettes on 

15 an estimated per use basis. 

16 (f) CLARIFYING DEFINITION OF TOBACCO PROD17 UCTS.— 

18 (1) IN GENERAL.—Subsection (c) of section 

19 5702 of the Internal Revenue Code of 1986 is 

20 amended to read as follows: 

21 ‘‘(c) TOBACCO PRODUCTS.—The term ‘tobacco prod22 ucts’ means— 

23 ‘‘(1) cigars, cigarettes, smokeless tobacco, pipe 

24 tobacco, and roll-your-own tobacco, and 


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1 ‘‘(2) any other product subject to tax pursuant 

2 to section 5701(i).’’. 

3 (2) CONFORMING AMENDMENTS.—Subsection 

4 (d) of section 5702 of such Code is amended by 

5 striking ‘‘cigars, cigarettes, smokeless tobacco, pipe 

6 tobacco, or roll-your-own tobacco’’ each place it ap7 pears and inserting ‘‘tobacco products’’. 

8 (g) TAX RATES ADJUSTED FOR INFLATION.—Sec9 tion 5701 of such Code, as amended by subsection (e), 

10 is amended by adding at the end the following new sub11 section: 

12 ‘‘(j) INFLATION ADJUSTMENT.— 

13 ‘‘(1) IN GENERAL.—In the case of any calendar 

14 year beginning after 2019, the dollar amounts pro15 vided under this chapter shall each be increased by 

16 an amount equal to— 

17 ‘‘(A) such dollar amount, multiplied by 

18 ‘‘(B) the cost-of-living adjustment deter19 mined under section 1(f)(3) for the calendar 

20 year, determined by substituting ‘calendar year 

21 2018’ for ‘calendar year 2016’ in subparagraph 

22 (A)(ii) thereof. 

23 ‘‘(2) ROUNDING.—If any amount as adjusted 

24 under paragraph (1) is not a multiple of $0.01, such 


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1 amount shall be rounded to the next highest multiple 

2 of $0.01.’’. 

3 (h) EFFECTIVE DATES.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) through (4), the amendments made by 

6 this section shall apply to articles removed (as de7 fined in section 5702(j) of the Internal Revenue 

8 Code of 1986) after the last day of the month which 

9 includes the date of the enactment of this Act. 

10 (2) DISCRETE SINGLE-USE UNITS AND PROC11 ESSED TOBACCO.—The amendments made by sub12 sections (b)(1)(C), (b)(2), and (d) shall apply to ar13 ticles removed (as defined in section 5702(j) of the 

14 Internal Revenue Code of 1986) after the date that 

15 is 6 months after the date of the enactment of this 

16 Act. 

17 (3) LARGE CIGARS.—The amendments made by 

18 subsection (c) shall apply to articles removed after 

19 December 31, 2019. 

20 (4) OTHER TOBACCO PRODUCTS.—The amend21 ments made by subsection (e)(1) shall apply to prod22 ucts removed after the last day of the month which 

23 includes the date that the Secretary of the Treasury 

24 (or the Secretary of the Treasury’s delegate) issues 


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1 final regulations establishing the level of tax for 

2 such product. 

3 TITLE III—RESTRICTIONS ON 

4 USE OF TOBACCO FLAVORS 

5 SEC. 301. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO 

6 FLAVORS. 

7 (a) TOBACCO PRODUCT STANDARDS.—Section 

8 907(a)(1) of the Federal Food, Drug, and Cosmetic Act 

9 (21 U.S.C. 387g) is amended— 

10 (1) by redesignating subparagraph (B) as sub11 paragraph (C); and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) SPECIAL RULE FOR TOBACCO PROD15 UCTS OTHER THAN CIGARETTES.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), a tobacco product that 

18 is not a cigarette, or any component, part, 

19 or accessory of such a product, shall not 

20 contain, as a constituent (including a 

21 smoke or aerosol constituent) or additive, 

22 an artificial or natural flavor (other than 

23 tobacco) or an herb or spice (including 

24 menthol, strawberry, grape, orange, clove, 

25 cinnamon, pineapple, vanilla, coconut, licoVerDate Sep 11 2014 23:14 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H293.IH H293

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1 rice, cocoa, chocolate, cherry, and coffee) 

2 that is a characterizing flavor of the to3 bacco product, tobacco smoke, or aerosol 

4 emitted from the product. Nothing in this 

5 subparagraph shall be construed to limit 

6 the Secretary’s authority to take action 

7 under this section or other provisions of 

8 this Act applicable to any artificial or nat9 ural flavor, herb, or spice not specified in 

10 this subparagraph. 

11 ‘‘(ii) EXCEPTIONS.—An electronic nic12 otine delivery system component or part 

13 shall not contain or use an artificial or 

14 natural flavor (other than tobacco) that is 

15 a characterizing flavor of the product or its 

16 aerosol unless the Secretary issues an 

17 order finding that a manufacturer has 

18 demonstrated that use of the character19 izing flavor— 

20 ‘‘(I) will increase the likelihood of 

21 smoking cessation among current 

22 users of tobacco products; 

23 ‘‘(II) will not increase the likeli24 hood of youth initiation of nicotine or 

25 tobacco products; and 


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1 ‘‘(III) will not increase the likeli2 hood of harm to the person using the 

3 characterizing flavor.’’. 

4 (b) DEFINITIONS.—Section 900 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 387) is amended— 

6 (1) by redesignating paragraphs (8) through 

7 (22) as paragraphs (9) through (23); and 

8 (2) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) ELECTRONIC NICOTINE DELIVERY SYS11 TEM.—The term ‘electronic nicotine delivery sys12 tem’— 

13 ‘‘(A) means any electronic device that de14 livers nicotine, flavor, or another substance via 

15 an aerosolized solution to the user inhaling 

16 from the device (including e-cigarettes, e-hook17 ah, e-cigars, vape pens, advanced refillable per18 sonal vaporizers, and electronic pipes) and any 

19 component, liquid, part, or accessory of such a 

20 device, whether or not sold separately; and 

21 ‘‘(B) does not include a product that— 

22 ‘‘(i) is approved by the Food and 

23 Drug Administration for sale as a tobacco 

24 cessation product or for another thera25 peutic purpose; and 


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1 ‘‘(ii) is marketed and sold solely for a 

2 purpose described in (i).’’. 

3 (c) CONFORMING AMENDMENT.—Section 9(1) of the 

4 Comprehensive Smokeless Tobacco Health Education Act 

5 of 1986 (15 U.S.C. 4408(1)) is amended by striking ‘‘sec6 tion 900(18)’’ and inserting ‘‘section 900(19)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect 1 year after the date of enact9 ment of this Act. 

Æ 


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