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Union Calendar No. 208 

116TH CONGRESS 

1ST SESSION H. R. 3942 

[Report No. 116–260] 

To apply requirements relating to delivery sales of cigarettes to delivery 

sales of electronic nicotine delivery systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2019 

Ms. DELAURO (for herself, Mr. ARMSTRONG, Mr. COLLINS of Georgia, Mr. 

RASKIN, Mr. WILSON of South Carolina, Mr. CORREA, Mr. WOMACK, Ms. 

LOFGREN, Mr. DUFFY, Mr. HILL of Arkansas, Mr. GALLAGHER, and 

Mrs. BEATTY) introduced the following bill; which was referred to the 

Committee on the Judiciary 

OCTOBER 28, 2019 

Additional sponsors: Mrs. WALORSKI, Mr. WELCH, Mr. LARSEN of Washington, Mr. NORMAN, Mr. RUSH, Mr. GUEST, Mr. SENSENBRENNER, 

Mrs. MCBATH, Mr. DEUTCH, Ms. BASS, Ms. SCANLON, Mr. JOYCE of 

Pennsylvania, Mr. SUOZZI, Mr. RESCHENTHALER, Mr. JOHNSON of Georgia, Mr. NEGUSE, Mr. PALAZZO, Mr. COHEN, Mr. BURGESS, Mr. RODNEY DAVIS of Illinois, and Mr. DESAULNIER

OCTOBER 28, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


dlhill on DSKBBY8HB2PROD with BILLS
2 

•HR 3942 RH

A BILL 

To apply requirements relating to delivery sales of cigarettes 

to delivery sales of electronic nicotine delivery systems, 

and for other purposes. 


dlhill on DSKBBY8HB2PROD with BILLS
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•HR 3942 RH

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 ‘‘Preventing Online 

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

6 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 

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

8 States in collecting sales and use taxes on cigarettes’’, ap9 proved October 19, 1949 (commonly known as the ‘‘Jen10 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 

11 (1) in section 1 (15 U.S.C. 375)— 

12 (A) in paragraph (2)(A)(ii)— 

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

14 tobacco’’ and inserting the following: ‘‘in15 cludes— 

16 ‘‘(I) roll-your-own tobacco’’; 

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

18 by striking the period at the end and in19 serting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(II) an electronic nicotine deliv23 ery system.’’; 


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•HR 3942 RH

1 (B) by redesignating paragraphs (7) 

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

3 respectively; and 

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

5 following: 

6 ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS7 TEM.—The term ‘electronic nicotine delivery sys8 tem’— 

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

10 through an aerosolized solution, delivers nico11 tine, flavor, or any other substance to the user 

12 inhaling from the device; 

13 ‘‘(B) includes— 

14 ‘‘(i) an e-cigarette; 

15 ‘‘(ii) an e-hookah; 

16 ‘‘(iii) an e-cigar; 

17 ‘‘(iv) a vape pen; 

18 ‘‘(v) an advanced refillable personal 

19 vaporizer; 

20 ‘‘(vi) an electronic pipe; and 

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

22 accessory of a device described in subpara23 graph (A), without regard to whether the 

24 component, liquid, part, or accessory is 

25 sold separately from the device; and 


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•HR 3942 RH

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

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

3 Administration for— 

4 ‘‘(I) sale as a tobacco cessation 

5 product; or 

6 ‘‘(II) any other therapeutic pur7 pose; and 

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

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

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

11 by inserting ‘‘NICOTINE/’’ after ‘‘CIGARETTES/ 

12 ’’. 

13 (b) EFFECTIVE DATE.—This section, and the amend14 ments made by this section, shall take effect on the date 

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

16 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE17 LIVERY SYSTEMS. 

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

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

20 Service shall promulgate regulations to clarify the applica21 bility of the prohibition on mailing of cigarettes under sec22 tion 1716E of title 18, United States Code, to electronic 

23 nicotine delivery systems, in accordance with the amend24 ment to the definition of ‘‘cigarette’’ made by section 2. 


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•HR 3942 RH

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

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

3 States Code, shall apply to electronic nicotine delivery sys4 tems on and after the date on which the United States 

5 Postal Service promulgates regulations under subsection 

6 (a) of this section. 


dlhill on DSKBBY8HB2PROD with BILLS

dlhill on DSKBBY8HB2PROD with BILLS
Union Calendar No. 208 

116TH CONGRESS 

1ST SESSION H. R. 3942 

[Report No. 116–260] 

A BILL 

To apply requirements relating to delivery sales of 

delivery systems, and for other purposes. cigarettes to delivery sales of electronic nicotine 

OCTOBER 28, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


dlhill on DSKBBY8HB2PROD with BILLS