Preventing Online Sales of E-Cigarettes to Children Act

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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:18 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3942.RDS H3942 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3942 RDS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Preventing Online 2 Sales of E-Cigarettes to Children Act’’. 3 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 4 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist 5 States in collecting sales and use taxes on cigarettes’’, ap- 6 proved October 19, 1949 (commonly known as the ‘‘Jen- 7 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 8 (1) in section 1 (15 U.S.C. 375)— 9 (A) in paragraph (2)(A)(ii)— 10 (i) by striking ‘‘includes roll-your-own 11 tobacco’’ and inserting the following: ‘‘in- 12 cludes— 13 ‘‘(I) roll-your-own tobacco’’; 14 (ii) in subclause (I), as so designated, 15 by striking the period at the end and in- 16 serting ‘‘; and’’; and 17 (iii) by adding at the end the fol- 18 lowing: 19 ‘‘(II) an electronic nicotine deliv- 20 ery system.’’; 21 (B) by redesignating paragraphs (7) 22 through (14) as paragraphs (8) through (15), 23 respectively; and 24 (C) by inserting after paragraph (6) the 25 following: 26 VerDate Sep 11 2014 21:18 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3942.RDS H3942 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3942 RDS ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS- 1 TEM.—The term ‘electronic nicotine delivery sys- 2 tem’— 3 ‘‘(A) means any electronic device that, 4 through an aerosolized solution, delivers nico- 5 tine, flavor, or any other substance to the user 6 inhaling from the device; 7 ‘‘(B) includes— 8 ‘‘(i) an e-cigarette; 9 ‘‘(ii) an e-hookah; 10 ‘‘(iii) an e-cigar; 11 ‘‘(iv) a vape pen; 12 ‘‘(v) an advanced refillable personal 13 vaporizer; 14 ‘‘(vi) an electronic pipe; and 15 ‘‘(vii) any component, liquid, part, or 16 accessory of a device described in subpara- 17 graph (A), without regard to whether the 18 component, liquid, part, or accessory is 19 sold separately from the device; and 20 ‘‘(C) does not include a product that is— 21 ‘‘(i) approved by the Food and Drug 22 Administration for— 23 ‘‘(I) sale as a tobacco cessation 24 product; or 25 VerDate Sep 11 2014 21:18 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3942.RDS H3942 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3942 RDS ‘‘(II) any other therapeutic pur- 1 pose; and 2 ‘‘(ii) marketed and sold solely for a 3 purpose described in clause (i).’’; and 4 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), 5 by inserting ‘‘NICOTINE/’’ after 6 ‘‘CIGARETTES/’’. 7 (b) EFFECTIVE DATE.—This section, and the amend- 8 ments made by this section, shall take effect on the date 9 that is 90 days after the date of enactment of this Act. 10 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE- 11 LIVERY SYSTEMS. 12 (a) REGULATIONS.—Not later than 120 days after 13 the date of enactment of this Act, the United States Postal 14 Service shall promulgate regulations to clarify the applica- 15 bility of the prohibition on mailing of cigarettes under sec- 16 tion 1716E of title 18, United States Code, to electronic 17 nicotine delivery systems, in accordance with the amend- 18 ment to the definition of ‘‘cigarette’’ made by section 2. 19 (b) EFFECTIVE DATE.—The prohibition on mailing 20 of cigarettes under section 1716E of title 18, United 21 States Code, shall apply to electronic nicotine delivery sys- 22 tems on and after the date on which the United States 23 Postal Service promulgates regulations under subsection 24 (a) of this section. 25 VerDate Sep 11 2014 21:18 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3942.RDS H3942 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 3942 RDS SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 1 The budgetary effects of this Act, for the purpose of 2 complying with the Statutory Pay-As-You-Go Act of 2010, 3 shall be determined by reference to the latest statement 4 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 5 Act, submitted for printing in the Congressional Record 6 by the Chairman of the House Budget Committee, pro- 7 vided that such statement has been submitted prior to the 8 vote on passage. 9 Passed the House of Representatives October 28, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:18 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3942.RDS H3942 pamtmann on DSKBC07HB2PROD with BILLS