[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3942 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3942
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
_______________________________________________________________________
A BILL
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.
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