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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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’’, ap-
proved October 19, 1949 (commonly known as the ‘‘Jen-
kins 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: ‘‘in-
cludes— 
‘‘(I) roll-your-own tobacco’’; 
(ii) in subclause (I), as so designated, 
by striking the period at the end and in-
serting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(II) an electronic nicotine deliv-
ery system.’’; 
(B) 
by 
redesignating 
paragraphs 
(7) 
through (14) as paragraphs (8) through (15), 
respectively; and 
(C) by inserting after paragraph (6) the 
following: 
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‘‘(7) ELECTRONIC
NICOTINE
DELIVERY
SYS-
TEM.—The term ‘electronic nicotine delivery sys-
tem’— 
‘‘(A) means any electronic device that, 
through an aerosolized solution, delivers nico-
tine, 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 subpara-
graph (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 
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‘‘(II) any other therapeutic pur-
pose; 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 amend-
ments 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 DE-
LIVERY 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 applica-
bility of the prohibition on mailing of cigarettes under sec-
tion 1716E of title 18, United States Code, to electronic 
nicotine delivery systems, in accordance with the amend-
ment 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 sys-
tems on and after the date on which the United States 
Postal Service promulgates regulations under subsection 
(a) of this section. 
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