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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3942 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 3942

_______________________________________________________________________

                                 AN ACT

 
   To apply requirements relating to delivery sales of cigarettes to 
 delivery sales of electronic nicotine delivery systems, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Online Sales of E-
Cigarettes to Children Act''.

SEC. 2. AMENDMENTS TO THE JENKINS ACT.

    (a) In General.--The Act entitled ``An Act to assist States in 
collecting sales and use taxes on cigarettes'', approved October 19, 
1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.), 
is amended--
            (1) in section 1 (15 U.S.C. 375)--
                    (A) in paragraph (2)(A)(ii)--
                            (i) by striking ``includes roll-your-own 
                        tobacco'' and inserting the following: 
                        ``includes--
                                    ``(I) roll-your-own tobacco'';
                            (ii) in subclause (I), as so designated, by 
                        striking the period at the end and inserting 
                        ``; and''; and
                            (iii) by adding at the end the following:
                                    ``(II) an electronic nicotine 
                                delivery system.'';
                    (B) by redesignating paragraphs (7) through (14) as 
                paragraphs (8) through (15), respectively; and
                    (C) by inserting after paragraph (6) the following:
            ``(7) Electronic nicotine delivery system.--The term 
        `electronic nicotine delivery system'-- 
                    ``(A) means any electronic device that, through an 
                aerosolized solution, delivers nicotine, flavor, or any 
                other substance to the user inhaling from the device;
                    ``(B) includes--
                            ``(i) an e-cigarette;
                            ``(ii) an e-hookah;
                            ``(iii) an e-cigar;
                            ``(iv) a vape pen;
                            ``(v) an advanced refillable personal 
                        vaporizer;
                            ``(vi) an electronic pipe; and
                            ``(vii) any component, liquid, part, or 
                        accessory of a device described in subparagraph 
                        (A), without regard to whether the component, 
                        liquid, part, or accessory is sold separately 
                        from the device; and
                    ``(C) does not include a product that is--
                            ``(i) approved by the Food and Drug 
                        Administration for--
                                    ``(I) sale as a tobacco cessation 
                                product; or
                                    ``(II) any other therapeutic 
                                purpose; and
                            ``(ii) marketed and sold solely for a 
                        purpose described in clause (i).''; and
            (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by 
        inserting ``NICOTINE/'' after
        ``CIGARETTES/''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is 90 days after the date 
of enactment of this Act.

SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.

    (a) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the United States Postal Service shall 
promulgate regulations to clarify the applicability of the prohibition 
on mailing of cigarettes under section 1716E of title 18, United States 
Code, to electronic nicotine delivery systems, in accordance with the 
amendment to the definition of ``cigarette'' made by section 2.
    (b) Effective Date.--The prohibition on mailing of cigarettes under 
section 1716E of title 18, United States Code, shall apply to 
electronic nicotine delivery systems on and after the date on which the 
United States Postal Service promulgates regulations under subsection 
(a) of this section.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives October 28, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 3942

_______________________________________________________________________

                                 AN ACT

   To apply requirements relating to delivery sales of cigarettes to 
 delivery sales of electronic nicotine delivery systems, and for other 
                               purposes.
```