II 

116TH CONGRESS 

1ST SESSION H. R. 3942 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2019 

Received 

AN ACT 

To apply requirements relating to delivery sales of cigarettes 

to delivery sales of electronic nicotine delivery systems, 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Online 

3 Sales of E-Cigarettes to Children Act’’. 

4 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 

5 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist 

6 States in collecting sales and use taxes on cigarettes’’, ap7 proved October 19, 1949 (commonly known as the ‘‘Jen8 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 

9 (1) in section 1 (15 U.S.C. 375)— 

10 (A) in paragraph (2)(A)(ii)— 

11 (i) by striking ‘‘includes roll-your-own 

12 tobacco’’ and inserting the following: ‘‘in13 cludes— 

14 ‘‘(I) roll-your-own tobacco’’; 

15 (ii) in subclause (I), as so designated, 

16 by striking the period at the end and in17 serting ‘‘; and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(II) an electronic nicotine deliv21 ery system.’’; 

22 (B) by redesignating paragraphs (7) 

23 through (14) as paragraphs (8) through (15), 

24 respectively; and 

25 (C) by inserting after paragraph (6) the 

26 following: 


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1 ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS2 TEM.—The term ‘electronic nicotine delivery sys3 tem’— 

4 ‘‘(A) means any electronic device that, 

5 through an aerosolized solution, delivers nico6 tine, flavor, or any other substance to the user 

7 inhaling from the device; 

8 ‘‘(B) includes— 

9 ‘‘(i) an e-cigarette; 

10 ‘‘(ii) an e-hookah; 

11 ‘‘(iii) an e-cigar; 

12 ‘‘(iv) a vape pen; 

13 ‘‘(v) an advanced refillable personal 

14 vaporizer; 

15 ‘‘(vi) an electronic pipe; and 

16 ‘‘(vii) any component, liquid, part, or 

17 accessory of a device described in subpara18 graph (A), without regard to whether the 

19 component, liquid, part, or accessory is 

20 sold separately from the device; and 

21 ‘‘(C) does not include a product that is— 

22 ‘‘(i) approved by the Food and Drug 

23 Administration for— 

24 ‘‘(I) sale as a tobacco cessation 

25 product; or 


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HR 3942 RDS

1 ‘‘(II) any other therapeutic pur2 pose; and 

3 ‘‘(ii) marketed and sold solely for a 

4 purpose described in clause (i).’’; and 

5 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), 

6 by inserting ‘‘NICOTINE/’’ after 

7 ‘‘CIGARETTES/’’. 

8 (b) EFFECTIVE DATE.—This section, and the amend9 ments made by this section, shall take effect on the date 

10 that is 90 days after the date of enactment of this Act. 

11 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE12 LIVERY SYSTEMS. 

13 (a) REGULATIONS.—Not later than 120 days after 

14 the date of enactment of this Act, the United States Postal 

15 Service shall promulgate regulations to clarify the applica16 bility of the prohibition on mailing of cigarettes under sec17 tion 1716E of title 18, United States Code, to electronic 

18 nicotine delivery systems, in accordance with the amend19 ment to the definition of ‘‘cigarette’’ made by section 2. 

20 (b) EFFECTIVE DATE.—The prohibition on mailing 

21 of cigarettes under section 1716E of title 18, United 

22 States Code, shall apply to electronic nicotine delivery sys23 tems on and after the date on which the United States 

24 Postal Service promulgates regulations under subsection 

25 (a) of this section. 


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1 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Passed the House of Representatives October 28, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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