Just received the following letter today from my House Representative, and Judiciary Committee Chairman, the Honorable F. James Sensenbrenner.
He is a very good rep, and a good man...though you'd like to see his reply.
March 18, 2004
Dear DD:
Thank you for writing to express your views about legislation to strengthen and modernize the "Jenkins Act." I appreciate the opportunity to clear up misinformation about the House version of this bill, H.R. 2824, also known as the "Internet Tobacco
Sales Enforcement Act."
Congress enacted the Jenkins Act in 2949 in order to deter cigarette smuggling and to assist States in achieving compliance with laws that require the payment of tobacco taxes by consumers. An estimate shows that States may lose up to $1.4 billion
in 2005 if Congress does not soon provide law enforcement and tax collection authorities with tools required to enhance their compliance efforts.
In the first session of the 108th congress, a related bill sponsored by Senators Hatch and Kohl, S.1177, was approved by the US Senate. That bill contains a provision that prohibits the "transmission in the mails of any tobacco product, including cigarette...and smokeless tobacco."
For a number of reason, including concerns that this language may prohibit the delivery of cigars via email, this provision was not included in H.R. 2824. I have asked for, and received, assurances from the House bill's sponsors that they will not seek to
include this language in their legislation.
H.R. 2824 was considered by the Judiciary Committee, which I chair, on 1/28/04. After adopting an amendment, which made no mention of the sale of cigars, this legislation was ordered reported by a voice vote. This measure now awaits action by a full
house. I will be sure to keep your thoughts in mind as this bill continues to move through the House. Rest assured that should the House and Senate convene a conference committee on this legislation, I plan to oppose any effort to include provisions which would prevent the sale of cigars through the mail.
Thank you for taking the time to contact me.
Sincerely,
F. JAMES SENSENBRENNER, JR.
Member of Congress