,,ib ,union ,calendar ,no4 #cbd #aafth ,,congress #b;d ,session ,h4 ,r4 #bcci ,report ,no4 #aaf-djb ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjai,mr4 ,pallone 7for himself and ,ms4 ,shalala7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,february #ba1 #bjbj;,additional sponsors3 ,mr4 ,rush1 ,ms4 ,lee of ,california1 ,mr4 ,sarbanes1 ,ms4 ,underwood1 ,ms4 ,blunt ,rochester1 ,ms4 ,mucarsel-,powell1 ,ms4 ,schakowsky1 ,mr4 ,neguse1 ,mr4 ,quigley1 ,mr4 ,suozzi1 ,mr4 ,ryan1 ,mr4 ,raskin1 ,mr4 ,tonko1 ,mr4 ,cohen1 ,mr4 ,engel1 ,ms4 ,sewell of ,alabama1 ,mr4 ,kennedy1 ,ms4 ,pingree1 ,ms4 ,wasserman ,schultz1 ,mr4 ,larsen of ,washington1 ,mr4 ,cummings1 ,ms4 ,norton1 ,mr4 ,ted ,lieu of ,california1 ,ms4 ,craig1 ,mr4 ,king of ,new ,york1 ,mrs4 ,lowey1 ,mr4 ,lewis1 ,ms4 ,mc,collum1 ,mrs4 ,watson ,coleman1 ,ms4 ,hill of ,california1 ,mr4 ,cox of ,california1 ,ms4 ,tlaib1 ,ms4 ,schrier1 ,mr4 ,hastings1 ,mrs4 ,kirkpatrick1 ,ms4 ,roybal-,allard1 ,mr4 ,kilmer1 ,ms4 ,stevens1 ,mrs4 ,dingell1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,pappas1 ,mr4 ,deutch1 ,ms4 ,brownley of ,california1 ,mr4 ,foster1 ,mr4 ,heck1 ,mr4 ,rouda1 ,mrs4 ,napolitano1 ,mr4 ,krishnamoorthi1 ,mr4 ,pocan1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,levin of ,california1 ,mr4 ,cisneros1 ,mrs4 ,davis of ,california1 ,ms4 ,meng1 ,mr4 ,gottheimer1 ,mr4 ,lawson of ,florida1 ,ms4 ,johnson of ,texas1 ,ms4 ,pressley1 ,ms4 ,barragn1 ,ms4 ,plaskett1 ,mr4 ,cartwright1 ,ms4 ,kelly of ,illinois1 ,mr4 ,rose of ,new ,york1 ,mr4 ,kim1 ,mr4 ,payne1 ,mr4 ,case1 ,mrs4 ,hayes1 ,mr4 ,norcross1 ,mr4 ,langevin1 ,ms4 ,matsui1 ,mr4 ,ruiz1 ,mr4 ,huffman1 ,mrs4 ,demings1 ,mr4 ,kildee1 ,ms4 ,houlahan1 ,mr4 ,de,saulnier1 ,mr4 ,bera1 ,mrs4 ,lawrence1 ,mr4 ,takano1 ,mr4 ,khanna1 ,mr4 ,mc,nerney1 ,mr4 ,lujn1 ,mr4 ,garca of ,illinois1 ,mr4 ,soto1 ,mr4 ,blumenauer1 ,ms4 ,judy ,chu of ,california1 ,ms4 ,dean1 ,ms4 ,moore1 ,ms4 ,lofgren1 ,ms4 ,scanlon1 ,mr4 ,grijalva1 ,mr4 ,trone1 ,ms4 ,porter1 ,mr4 ,malinowski1 ,mr4 ,casten of ,illinois1 ,ms4 ,snchez1 ,mr4 ,evans1 ,mr4 ,castro of ,texas1 ,mr4 ,swalwell of ,california1 ,mrs4 ,beatty1 ,ms4 ,speier1 ,ms4 ,bonamici1 ,mr4 ,espaillat1 ,mr4 ,serrano1 ,ms4 ,slotkin1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,jeffries1 ,mrs4 ,mc,bath1 ,miss ,rice of ,new ,york1 ,mr4 ,nadler1 ,ms4 ,garcia of ,texas1 ,mr4 ,carson of ,indiana1 ,ms4 ,waters1 ,mr4 ,gomez1 ,ms4 ,haaland1 ,mr4 ,thompson of ,california1 ,mr4 ,larson of ,connecticut1 ,mr4 ,vargas1 ,mr4 ,cicilline1 ,mr4 ,fitzpatrick1 ,mr4 ,clay1 ,mr4 ,levin of ,michigan1 ,ms4 ,jackson ,lee1 and ,mr4 ,phillips ,february #ba1 #bjbj,reported with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,april #ah1 #bjai ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act with respect to the sale and marketing of tobacco products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,title ,i--,food and ,drug ,administration,sec4 #aja4 ,cigarette graphic health warnings4,sec4 #ajb4 ,advertising and sales parity for all deemed tobacco products4,sec4 #ajc4 ,reducing child and adolescent nicotine addiction4,sec4 #ajd4 ,prohibition against remote retail sales4,sec4 #aje4 ,fees applicable to all tobacco products4,sec4 #ajf4 ,regulation of products containing synthetic nicotine4,sec4 #ajg4 ,update to youth tobacco prevention public awareness campaigns4,sec4 #ajh4 ,exemption from premarket approval of certain tobacco products4,sec4 #aji4 ,public education4,sec4 #aaj4 ,regulations for recordkeeping concerning tracking and tracing4,title ,,ii--,federal ,trade ,commission,sec4 #bja4 ,advertising of tobacco products4,title ,,iii--,public ,health ,programs,sec4 #cja4 ,outreach to medically underserved communities4,sec4 #cjb4 ,demonstration grant program to develop strategies for smoking cessation in medically underserved communities4,title ,,iv--,nicotine or ,vaping ,access ,protection and ,enforcement,sec4 #dja4 ,short title4,sec4 #djb4 ,increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products4,sec4 #djc4 ,study and report on e-cigarettes4 ,i ,food and ,drug ,administration #aja4 ,cigarette graphic health warnings 7a7 ,issuance deadlines ,not later than ,march #ae1 #bjbj1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall publish a final rule pursuant to section #d7;d7 of the ,federal ,cigarette ,labeling and ,advertising ,act 7#ae ,u4,s4,c4 #accc7;d774 ,if the ,secretary fails to promulgate such final rule by ,march #ae1 #bjbj1 then the proposed rule titled ,tobacco ,products2 ,required ,warnings for ,cigarette ,packages and ,advertisements published by the ,food and ,drug ,administration on ,august #af1 #bjai 7#hd ,fed4 ,reg4 #dbged7 shall be treated as a final rule beginning on ,march #af1 #bjbj4 7b7 ,conforming change ,the first section #d7;d7 of the ,federal ,cigarette ,labeling and ,advertising ,act 7#ae ,u4,s4,c4 #accc7;d77 7relating to graphic labeling statements7 is amended by striking ,not later than #bd months after the date of enactment of the ,family ,smoking ,prevention and ,tobacco ,control ,act1 the ,secretary and inserting ,the ,secretary4 #ajb4 ,advertising and sales parity for all deemed tobacco products 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall promulgate a final rule amending part #aadj of subchapter ,k of title #ba1 ,code of ,federal ,regulations-- 7#a7 to apply the provisions of such part #aadj to all tobacco products1 as applicable1 to which chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a et seq47 applies pursuant to section #ija7;b7 of such ,act 7#ba ,u4,s4,c4 #chg;a7b771 as amended by section #ajc7;a7 of this ,act2 and 7#b7 to make such changes as may be necessary for consistency with the amendments made by section #ajc of this ,act1 including by updating all references to persons younger than #ah years of age in subpart ,b of part #aadj of title #ba1 ,code of ,federal ,regulations4 7b7 ,effective date ,the final rule required by subsection 7a7 shall take effect on the date that is #b years after the date of enactment of this ,act4 #ajc4 ,reducing child and adolescent nicotine addiction 7a7 ,applicability to all tobacco products 7#a7 ,in general ,subsection 7b7 of section #ija of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a7 is amended to read as follows3 7b7 ,applicability ,this chapter shall apply to all tobacco products4 4 7#b7 ,rule of construction ,paragraph 7#a7 and the amendment made thereby shall not be construed to limit the applicability of chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a et seq47 to-- 7,a7 products that were listed in section #ija7;b7 of such ,act as in effect on the day before the date of enactment of this ,act2 and 7,b7 products that were deemed by regulation to be subject to such chapter pursuant to section #ija7;b7 of such ,act as in effect on the day before the date of enactment of this ,act4 7b7 ,minimum age restrictions 7#a7 ,in general ,section #ijf7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,minimum age restrictions 7,a7 ,restriction ,it shall be unlawful for any retailer1 manufacturer1 distributor1 third-party marketplace1 or any other commercial entity to sell a tobacco product to any person younger than #ba years of age4 7,b7 ,age verification ,to ensure compliance with subparagraph 7,a71 a retailer shall1 at a minimum1 verify by means of a government-issued photographic identification the age of the individual purchasing the product as prescribed in-- 7i7 subpart ,b of part #aadj of subchapter ,k of title #ba1 ,code of ,federal ,regulations2 and 7ii7 successor regulations1 including the regulation required by section #ajb of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai and any applicable regulation imposing restrictions pursuant to paragraph 7#a74 7,c7 ,regulations ,not later than #ahj days after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary shall promulgate a final regulation to implement and enforce subparagraphs 7,a7 and 7,b74 7,d7 ,timing ,subparagraphs 7,a7 and 7,b7 shall take effect on the date that is #ahj days after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 regardless of whether the ,secretary has promulgated the final regulations required by subparagraph 7,c74 4 7#b7 ,preservation of ,state and local authority ,nothing in the amendment made by paragraph 7#a7 shall be construed to affect the preservation of ,state and local authority pursuant to section #iaf of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgp74 7c7 ,prohibiting flavoring of tobacco products 7#a7 ,prohibition 7,a7 ,in general ,subparagraph 7,a7 of section #ijg7;a77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77#a77 is amended to read as follows3 7,a7 ,special rules 7i7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 a tobacco product 7including its components1 parts1 and accessories1 including the tobacco1 filter1 or paper7 that is not an electronic nicotine delivery system shall not contain1 as a constituent 7including a smoke constituent7 or additive1 an artificial or natural flavor 7other than tobacco7 that is a characterizing flavor of the tobacco product or tobacco smoke or an herb or spice1 including menthol1 mint1 strawberry1 grape1 orange1 clove1 cinnamon1 pineapple1 vanilla1 coconut1 licorice1 cocoa1 chocolate1 cherry1 or coffee4 7ii7 ,rule of construction ,nothing in this subparagraph shall be construed to limit the ,secretary's authority to take action under this section or other sections of this ,act applicable to any artificial or natural flavor1 herb1 or spice4 7iii7 ,applicability to certain individuals ,notwithstanding any provision of this ,act1 no individual who purchases or possess for consumption a tobacco product that is in violation of the prohibition under this subparagraph shall be subject to any criminal penalty under this ,act for such purchase or possession1 nor shall it be used as a justification to stop1 search1 or conduct any other investigative measure against any individual4 4 7,b7 ,savings provision ,section #ijg7;a77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77#a771 as in effect on the date of enactment of this ,act1 shall remain in effect until the amendments made to such section #ijg7;a77#a7 by this paragraph take effect4 7#b7 ,flavored electronic nicotine delivery system ,section #iaj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;j7 is amended by inserting at the end the following3 7h7 ,flavored electronic nicotine delivery systems 7#a7 ,restriction ,beginning on the date that is #cj days after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 any flavored electronic nicotine delivery system that is a new tobacco product1 including any liquid1 solution1 or other component or part or its aerosol1 shall not contain an artificial or natural flavor 7other than tobacco7 that is a characterizing flavor1 including menthol1 mint1 strawberry1 grape1 orange1 clove1 cinnamon1 pineapple1 vanilla1 coconut1 licorice1 cocoa1 chocolate1 cherry1 or coffee1 unless the ,secretary has issued a marketing order as described in paragraph 7#b74 ,nothing in this paragraph shall be construed to limit the ,secretary's authority to take action under this section or other sections of this ,act applicable to any artificial or natural flavor1 herb1 or spice4 7#b7 ,review ,the ,secretary shall not issue a marketing order under subsection 7c77#a77;,a77i7 or a substantial equivalence order under subsection 7a77#b77;,a77i7 for any electronic nicotine delivery system1 including any liquid1 solution1 or other component or part or its aerosol1 that contains an artificial or natural flavor 7other than tobacco7 that is a characterizing flavor1 unless the ,secretary issues an order finding that the manufacturer has demonstrated that-- 7,a7 use of the characterizing flavor-- 7i7 will significantly increase the likelihood of smoking cessation among current users of tobacco products2 and 7ii7 will not increase the likelihood that individuals who do not use tobacco products1 including youth1 will start using any tobacco product1 including an electronic nicotine delivery system2 and 7,b7 such electronic nicotine delivery system is not more harmful to users than an electronic nicotine delivery system that does not contain any characterizing flavors4 4 7#c7 ,definition of electronic nicotine delivery system ,section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg7 is amended-- 7,a7 by redesignating paragraphs 7#h7 through 7#bb7 as paragraphs 7#i7 through 7#bc71 respectively2 and 7,b7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means any electronic device that delivers nicotine1 flavor1 or another substance via an aerosolized solution to the user inhaling from the device 7including e-cigarettes1 e-hookah1 e-cigars1 vape pens1 advanced refillable personal vaporizers1 and electronic pipes7 and any component1 liquid1 part1 or accessory of such a device1 whether or not sold separately2 and 7,b7 does not include a product that-- 7i7 is approved by the ,food and ,drug ,administration for sale as a tobacco cessation product or for another therapeutic purpose2 and 7ii7 is marketed and sold solely for a purpose described in clause 7i74 4 #ajd4 ,prohibition against remote retail sales 7a7 ,in general ,paragraph 7#d7 of section #ijf7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77 is amended to read as follows3 7#d7 ,prohibition against remote retail sales 7,a7 ,prohibition ,not later than #ah months after the date of enactment of the the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary shall promulgate a final regulation prohibiting the retail sale of all tobacco products other than retail sales through a direct1 face-to-face exchange between a retailer and a consumer4 7,b7 ,exception for certain cigar tobacco products 7i7 ,exception ,the regulation required by subparagraph 7,a7 shall not apply to tobacco products described in section #iaj7;a77#b77;,a77iii74 7ii7 ,applicable requirements ,not later than #ah months after the date of enactment of the the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary shall promulgate regulations regarding the sale and distribution of tobacco products described in section #iaj7;a77#b77;,a77iii7 that occur through means other than a direct1 face-to-face exchange between a retailer and a consumer in order to prevent the sale and distribution of tobacco products described in section #iaj7;a77#b77;,a77iii7 to individuals who have not attained the minimum age established by applicable law for the purchase of such products1 including requirements for age verification4 7,c7 ,relation to other authority ,nothing in this paragraph-- 7i7 limits the authority of the ,secretary to take additional actions under the other paragraphs of this subsection2 or 7ii7 preempts the authority of a ,state or local government to establish restrictions on the retail sale of tobacco products that are at least as restrictive as the prohibition under subparagraph 7,a74 4 7b7 ,applicability ,section #ijf7;d77#d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as in effect on the day before the date of enactment of this ,act1 shall continue to apply until the effective date of the regulations required by section #ijf7;d77#d7 of such ,act1 as amended by subsection 7a74 #aje4 ,fees applicable to all tobacco products 7a7 ,increase in total amount ,section #iai7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#a77 is amended by striking subparagraph 7,k7 and inserting the following subparagraphs3 7,k7 ,for fiscal year #bjai1 #gab1jjj1jjj4 7,l7 ,for fiscal year #bjbj1 #hab1jjj1jjj4 7,m7 ,for each subsequent fiscal year1 the amount that was applicable for the previous fiscal year1 increased by the total percentage change that occurred in the ,consumer ,price ,index for all urban consumers 7all items2 ,united ,states city average7 for the #ab-month period ending ,june #cj preceding the fiscal year4 4 7b7 ,application of user fees to all classes of tobacco product 7#a7 ,in general ,subparagraph 7,a7 of section #iai7;b77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#b77 is amended to read as follows3 7,a7 ,in general 7i7 ,fiscal years #bjbj and #bjba ,for fiscal years #bjbj and #bjba1 user fees shall be assessed and collected under subsection 7a7 only with respect to the classes of tobacco products listed in subparagraph 7,b77i71 and the total such user fees with respect to each such class shall be an amount that is equal to the applicable percentage of each such class for the fiscal year multiplied by the amount specified in paragraph 7#a7 for the fiscal year4 7ii7 ,subsequent fiscal years ,for fiscal year #bjbb and each subsequent fiscal year1 user fees shall be assessed and collected under subsection 7a7 with respect to each class of tobacco products to which this chapter applies 7including tobacco products that the ,secretary by regulation deems to be subject to this chapter71 and the total user fees with respect to each such class shall be-- 7,i7 with respect to each class of tobacco products listed in subparagraph 7,b77i71 an amount that is calculated in the same way as the amounts calculated for fiscal years #bjbj and #bjba under clause 7i71 except that for purposes of fiscal years #bjbb and subsequent fiscal years1 instead of multiplying the applicable percentage of each such class by the amount specified in paragraph 7#a7 for the fiscal year1 the applicable percentage shall be multiplied by-- 7aa7 the amount specified in paragraph 7#a7 for the fiscal year1 reduced by 7bb7 the total user fees assessed and collected pursuant to subclause 7,,ii7 for the fiscal year2 and 7,,ii7 with respect to each class of tobacco products to which this chapter applies but which is not listed in subparagraph 7,b77i71 an amount determined pursuant to a formula under subparagraph 7,c74 4 7#b7 ,other tobacco products ,section #iai7;b77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#b771 as amended by paragraph 7#a71 is further amended by adding at the end the following new subparagraphs3 7,c7 ,allocation for other tobacco products 7i7 ,in general ,beginning with fiscal year #bjbb1 the total user fees assessed and collected under subsection 7a7 each fiscal year with respect to each class of tobacco products not listed in subparagraph 7,b77i7 shall be an amount that is determined pursuant to a formula developed by the ,secretary by regulation using information required to be submitted under subparagraph 7,d74 7ii7 ,allocation for other tobacco products ,for each class of tobacco products not listed in subparagraph 7,b77i71 the percentage of fees under the formula under clause 7i7 for the respective fiscal year shall be equal to the percentage of the gross domestic sales in the previous calendar year that is attributable to such class of tobacco products in such calendar year1 as determined by the ,secretary4 7iii7 ,allocation of assessment within each class of other tobacco products ,the percentage of the total user fee to be paid by each manufacturer or importer of tobacco products in a class not listed in subparagraph 7,b77i7 shall be determined by the ,secretary1 based on the percentage of the gross domestics sales of all such classes of tobacco products by all manufacturers and importers in the previous calendar year that is attributable to such manufacturer or importer4 7iv7 ,effect of failure ,to finalize formula on time ,if the ,secretary for any reason fails to finalize by fiscal year #bjbb the formula required by this subparagraph for the assessment and collection of user fees for classes of tobacco products not listed in subparagraph 7,b77i7-- 7,i7 the ,secretary shall continue to assess and collect fees under subsection 7a7 with respect to each class of tobacco products listed in subparagraph 7,b77i72 and 7,,ii7 until the first fiscal year commencing after the finalization of such formula1 the exception described in subparagraph 7,a77ii77,i7 shall not apply4 7v7 ,revisions by regulation ,any revisions to the formula promulgated pursuant to this subparagraph shall be by regulation4 7vi7 ,definition ,in this subparagraph1 the term gross domestic sales means the total value in dollars of the sale or distribution by manufacturers and importers of tobacco products in the ,united ,states in classes not listed in subparagraph 7,b77i71 as determined based on the aggregation of sales data from every manufacturer and importer of tobacco products that submits sales data to the ,secretary4 7,d7 ,information required to be submitted ,each manufacturer or importer of any tobacco product shall submit to the ,secretary the information required under this subparagraph by ,march #a1 #bjba1 for calendar year #bjbj1 by ,april #a1 #bjba1 for the period of ,january #a1 #bjba1 through ,march #cj1 #bjba1 and monthly thereafter4 ,such information shall include-- 7i7 the identification of the manufacturer or importer2 7ii7 the class or classes of tobacco products sold by the manufacturer or importer2 7iii7 the full listing of the finished tobacco products in a class not listed in subparagraph 7,b77i7 sold or distributed by the manufacturer or importer in the ,united ,states2 and 7iv7 the gross domestic sales data for each class of finished tobacco products sold or distributed by the manufacturer or importer in the ,united ,states4 4 7#c7 ,prohibited act ,section #cja7q77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7q77#a77;,b77 is amended by inserting #iai7;b77#b77;,d71 before or #ibj4 7c7 ,allocation of assessment within each class of tobacco product ,section #iai7;b77#d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#d77 is amended by striking shall be the percentage determined for purposes of allocations under subsections 7e7 through 7h7 of section #fbe of ,public ,law #ajh-ceg and inserting shall be the percentage determined by the ,secretary4 7d7 ,conforming amendments ,section #iai7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77 is amended-- 7#a7 by striking paragraph 7#e72 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#c7 by amending paragraph 7#f71 as redesignated1 to read as follows3 7#f7 ,memorandum of understanding ,the ,secretary shall request the appropriate ,federal agency to enter into a memorandum of understanding that provides for the regular and timely transfer from the head of such agency to the ,secretary of all necessary information regarding all tobacco product manufacturers and importers required to pay user fees4 ,the ,secretary shall maintain all disclosure restrictions established by the head of such agency regarding the information provided under the memorandum of understanding4 4 7e7 ,applicability ,the amendments made by subsections 7b71 7c71 and 7d7 apply beginning with fiscal year #bjbb4 ,subject to the amendment made by subsection 7a71 section #iai of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs71 as in effect on the day before the date of enactment of this ,act1 shall apply with respect to fiscal years preceding fiscal year #bjbb4 7f7 ,report ,for fiscal year #bjbj and each subsequent fiscal year for which fees are collected under section #iai of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs71 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall1 by the end of the respective fiscal year1 submit to the ,congress financial and performance reports with respect to such fees4 #ajf4 ,regulation of products containing synthetic nicotine 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 issue an interim final rule providing for the regulation of products containing synthetic nicotine under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 and 7#b7 not later than #b years after such date of enactment1 issue a final rule providing for such regulation4 7b7 ,synthetic nicotine defined ,in this section1 the term synthetic nicotine means nicotine that is not made or derived from tobacco4 #ajg4 ,update to youth tobacco prevention public awareness campaigns 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7#a7 review all public health awareness campaigns of the ,department of ,health and ,human ,services designed to educate at-risk individuals about the harmful effects of tobacco use1 including the use of e-cigarettes and other electronic nicotine delivery systems2 and 7#b7 as applicable1 modify such campaigns to include awareness and education materials designated for individuals who are #ah to #ba years of age4 7b7 ,consultation ,in carrying out subsection 7a71 the ,secretary of ,health and ,human ,services may consult with medical and public health associations and nonprofit organizations4 #ajh4 ,exemption from premarket approval of certain tobacco products 7a7 ,in general ,section #iaj7;a77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;j7a77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i77,,ii71 by striking or2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 subject to subparagraph 7,c71 for the period beginning on the date of the enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai and ending on ,september #cj1 #bjbh1 the tobacco product is a cigar and-- 7,i7 is wrapped in whole tobacco leaf2 7,,ii7 contains a #ajj-percent leaf tobacco binder2 7,,iii7 contains primarily long filler tobacco2 7,,iv7 does not have a characterizing flavor other than tobacco2 7,v7 weighs more than #f pounds per #ajjj units2 7,,vi7 has no filter1 tip1 or non-tobacco mouthpiece2 7,,vii7 7aa7 is made by combining manually the wrapper1 filler1 and binder and is capped by hand2 or 7bb7 has a homogenized tobacco leaf binder and is made in the ,united ,states using human hands to lay the #ajj-percent leaf tobacco binder onto only one machine that bunches1 wraps1 and caps each individual cigar2 and 7,,viii7 has a retail price 7after discounts or coupons7 per cigar of no less than-- 7aa7 for calendar years #bjai and #bjbj1 #ab2 and 7bb7 for each subsequent calendar year1 #ab multiplied by any percent increase in the ,consumer ,price ,index for all urban consumers 7all items2 ,u4,s4 city average7 since calendar year #bjbj4 2 and 7#b7 by adding at the end the following3 7,c7 ,determination of applicability 7i7 ,in general ,the ,secretary shall1 notwithstanding subparagraph 7,a77iii7 or any determination of substantial equivalence1 if any of the conditions specified in clause 7ii7 are met-- 7,i7 withdraw any exemption applicable to a tobacco product or products described in such subparagraph2 7,,ii7 require that applications for review under this section be submitted with respect to such product or products2 and 7,,iii7 require that manufacturers may only market such tobacco product after the issuance of an order under subsection 7c77#a77;,a77i7 with respect to such product or products4 7ii7 ,conditions ,the conditions specified in this clause are that-- 7,i7 the ,secretary determines that the use of a tobacco product or products described in subparagraph 7,a77iii7 has resulted in an emerging public health threat2 7,,ii7 data from a ,national ,youth ,tobacco ,survey 7or successor survey7 conducted after the date of the enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai identifies a rise in youth usage of tobacco products described in section #iaj7;a77#b77;,a77iii72 or 7,,iii7 the ,secretary determines that a tobacco product or products no longer meets the criteria specified in such subparagraph4 4 7b7 ,national ,academies study and report 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under which the ,national ,academies shall conduct a study on-- 7,a7 the public health impact of having tobacco products described in subsection 7a77#b77;,a77iii7 of section #iaj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;j7a77#b771 as amended by subsection 7a71 exempt from premarket review under such section2 7,b7 the youth usage of such tobacco products2 and 7,c7 the market share of such products4 7#b7 ,report ,the agreement under paragraph 7#a7 shall include a requirement that the ,national ,academies of ,sciences1 ,engineering1 and ,medicine submit to ,congress1 not later than ,december #ca1 #bjbf1 a report on the findings of the study conducted under such paragraph4 #aji4 ,public education ,section #ijf of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7 is amended by adding at the end the following3 7g7 ,education on tobacco products 7#a7 ,in general ,not later than #f months after the date of the enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall provide educational materials for health care providers1 members of the public1 and law enforcement officials1 regarding-- 7,a7 the authority of the ,food and ,drug ,administration with respect to the regulation of tobacco products 7including enforcement of such regulation72 7,b7 the processes of the ,food and ,drug ,administration for enforcing restrictions on the manufacture and sale of tobacco products2 7,c7 the prohibition on characterizing flavors in tobacco products and the under section #ijg7;a77#a7 and the exception from such prohibition under subparagraph 7,c7 of such section2 7,d7 the public health impact of tobacco products with characterizing flavors2 and 7,e7 other information as the ,secretary determines appropriate4 7#b7 ,content ,educational materials provided under paragraph 7#a7 may include-- 7,a7 explanations of key statutory and regulatory terms1 including the terms tobacco product1component parts1 accessories1 constituent1 additive1 tobacco product manufacturer1 and characterizing flavor2 7,b7 an explanation of the ,food and ,drug ,administration's jurisdiction to regulate tobacco products1 including tobacco products with characterizing flavors under section #ijg7;a77#a72 7,c7 information related to enforcement tools and processes used by the ,food and ,drug ,administration for violations of the prohibition specified in section #ijg7;a77#a72 7,d7 an explanation of the health effects of using tobacco products1 including those with characterizing flavors2 and 7,e7 information on resources available related to smoking cessation4 7#c7 ,format ,educational materials provided under paragraph 7#a7 may be-- 7,a7 published in any format1 including an ,internet website1 video1 fact sheet1 infographic1 webinar1 or other format1 as the ,secretary determines is appropriate and applicable2 and 7,b7 tailored for the unique needs of health care providers1 members of the public1 law enforcement officers1 and other audiences1 as the ,secretary determines appropriate4 4 #aaj4 ,regulations for recordkeeping concerning tracking and tracing ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall promulgate the regulations required by section #ibj7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgt7 in accordance with the following schedule3 7#a7 ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue proposed regulations4 7#b7 ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations4 ,,ii ,federal ,trade ,commission #bja4 ,advertising of tobacco products 7a7 ,advertising of electronic nicotine delivery systems 7#a7 ,in general ,it shall be unlawful-- 7,a7 to market1 advertise1 or promote any electronic nicotine delivery system in a manner that appeals to an individual under #ba years of age2 or 7,b7 to market1 advertise1 promote1 or endorse1 or to compensate any person for the marketing1 advertising1 promotion1 or endorsement of1 any electronic nicotine delivery system without clearly disclosing that the communication is an advertisement1 unless the communication is unambiguously identifiable as an advertisement4 7#b7 ,enforcement by ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of paragraph 7#a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7,b7 ,powers of ,commission ,the ,commission shall enforce paragraph 7#a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates such paragraph shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,enforcement by ,state attorneys general 7,a7 ,in general ,if the attorney general of a ,state has reason to believe a violation of paragraph 7#a7 has occurred or is occurring1 the attorney general1 in addition to any authority the attorney general may have to bring an action in ,state court under the law of the ,state1 may bring a civil action in any court of competent jurisdiction to-- 7i7 enjoin further such violation by the defendant2 7ii7 enforce compliance with such paragraph2 7iii7 obtain civil penalties in the same amount as may be obtained by the ,commission in a civil action under section #e7m7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m772 or 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice ,before filing an action under subparagraph 7,a71 the attorney general of a ,state shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action1 the attorney general shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7,c7 ,authority of ,federal ,trade ,commission 7i7 ,in general ,on receiving notice under subparagraph 7,b7 of an action under subparagraph 7,a71 the ,commission shall have the right-- 7,i7 to intervene in the action2 7,,ii7 upon so intervening1 to be heard on all matters arising therein2 and 7,,iii7 to file petitions for appeal4 7ii7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of paragraph 7#a7 7referred to in this clause as the ,federal action71 no attorney general of a ,state may bring an action under subparagraph 7,a7 during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of such paragraph alleged in such complaint4 7,d7 ,relationship with ,state-law claims 7i7 ,preservation of ,state-law claims ,nothing in this section shall prevent the attorney general of a ,state from bringing an action under ,state law for acts or practices that also violate paragraph 7#a74 7ii7 ,assertion in same civil action ,if the attorney general of a ,state has authority to bring an action under ,state law for acts or practices that also violate paragraph 7#a71 the attorney general may assert the ,state-law claim and the claim for violation of such paragraph in the same civil action4 7,e7 ,actions by other ,state officials ,in addition to civil actions brought by attorneys general under subparagraph 7,a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under such subparagraph1 subject to the same requirements and limitations that apply under this paragraph to civil actions brought by attorneys general4 7#d7 ,rulemaking authority ,the ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to implement paragraph 7#a74 7b7 ,report to ,congress on tobacco product advertising 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall submit to ,congress a report relating to each category of products described in paragraph 7#b7 7or a single report a portion of which relates to each such category7 that contains the following3 7,a7 ,information on domestic sales and advertising and promotional activity by the manufacturers that have the largest market shares of the product category4 7,b7 ,such recommendations for legislation as the ,commission may consider appropriate4 7#b7 ,product categories described ,the categories of products described in this paragraph are the following3 7,a7 ,cigarettes4 7,b7 ,cigars4 7,c7 ,smokeless tobacco4 7,d7 ,electronic nicotine delivery systems4 7c7 ,preservation of authority ,nothing in this section may be construed in any way to limit the ,commission's authority under any other provision of law4 7d7 ,definitions ,in this section3 7#a7 ,cigar ,the term cigar means a tobacco product that-- 7,a7 is not a cigarette2 and 7,b7 is a roll of tobacco wrapped in leaf tobacco or any substance containing tobacco4 7#b7 ,cigarette ,the term cigarette has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means any electronic device that delivers nicotine1 flavor1 or another substance via an aerosolized solution to the user inhaling from the device 7including e-cigarettes1 e-hookah1 e-cigars1 vape pens1 advanced refillable personal vaporizers1 and electronic pipes7 and any component1 liquid1 part1 or accessory of such a device1 whether or not sold separately2 and 7,b7 does not include a product that-- 7i7 is approved by the ,food and ,drug ,administration for sale as a tobacco cessation product or for another therapeutic purpose2 and 7ii7 is marketed and sold solely for a purpose described in clause 7i74 7#e7 ,endorse ,the term endorse means to communicate an advertising message 7including a verbal statement1 demonstration1 or depiction of the name1 signature1 likeness1 or other identifying personal characteristics of an individual or the name or seal of an organization7 that consumers are likely to believe reflects the opinions1 beliefs1 findings1 or experiences of a party other than the sponsoring advertiser1 even if the views expressed by such party are identical to those of the sponsoring advertiser4 7#f7 ,nicotine ,the term nicotine has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#g7 ,smokeless tobacco ,the term smokeless tobacco has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#h7 ,tobacco product ,the term tobacco product has the meaning given such term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 ,,iii ,public ,health ,programs #cja4 ,outreach to medically underserved communities ,the ,secretary shall ensure that programs at the ,centers for ,disease ,control and ,prevention related to outreach to medically underserved communities1 including racial and ethnic minority populations1 include efforts to educate and provide guidance regarding effective evidence-based strategies-- 7#a7 to prevent tobacco1 e-cigarette1 and nicotine addiction2 and 7#b7 for smoking cessation and the cessation of the use of e-cigarettes and electronic nicotine delivery systems4 #cjb4 ,demonstration grant program to develop strategies for smoking cessation in medically underserved communities 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall establish a demonstration program to award grants to or contract with ,state1 local1 ,tribal1 or territorial public health departments to support-- 7#a7 the development of improved evidence-based strategies for smoking cessation and the cessation of the use of e-cigarettes and electronic nicotine delivery systems for populations in medically underserved communities1 particularly racial and ethnic minority populations2 7#b7 the development of improved communication and outreach tools to reach populations in medically underserved communities1 particularly racial and ethnic minority populations1 addicted to tobacco and e-cigarette products2 and 7#c7 improved coordination1 access1 and referrals to services for smoking cessation and the cessation of the use of e-cigarettes and electronic nicotine delivery systems1 including smoking cessation products and mental health and counseling services4 7b7 ,application ,to be eligible to receive a grant under subsection 7a71 a ,state1 local1 ,tribal1 or territorial public health department shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 #c1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,,iv ,nicotine or ,vaping ,access ,protection and ,enforcement #dja4 ,short title ,this title may be cited as the ,nicotine or ,vaping ,access ,protection and ,enforcement ,act of #bjai or the ,,no ,,vape ,act of #bjai4 #djb4 ,increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products 7a7 ,penalties ,subparagraph 7,a7 of section #ajc7q77#b7 of the ,family ,smoking ,prevention and ,tobacco ,control ,act 7#ba ,u4,s4,c4 #ccc note7 is amended to read as follows3 7,a7 ,in general ,the amount of the civil penalty to be applied for violations of restrictions promulgated under section #ijf7;d71 as described in paragraph 7#a71 shall be as follows3 7i7 ,with respect to a retailer with an approved training program1 the amount of the civil penalty shall not exceed-- 7,i7 in the case of the first violation1 #j1 together with the issuance of a warning letter to the retailer2 7,,ii7 in the case of a second violation within a #ab-month period1 #ejj2 7,,iii7 in the case of a third violation within a #bd-month period1 #a1jjj2 7,,iv7 in the case of a fourth violation within a #bd-month period1 #d1jjj2 7,v7 in the case of a fifth violation within a #cf-month period1 #aj1jjj2 and 7,,vi7 in the case of a sixth or subsequent violation within a #dh-month period1 #bj1jjj as determined by the ,secretary on a case-by-case basis4 7ii7 ,with respect to a retailer that does not have an approved training program1 the amount of the civil penalty shall not exceed-- 7,i7 in the case of the first violation1 #ejj2 7,,ii7 in the case of a second violation within a #ab-month period1 #a1jjj2 7,,iii7 in the case of a third violation within a #bd-month period1 #b1jjj2 7,,iv7 in the case of a fourth violation within a #bd-month period1 #d1jjj2 7,v7 in the case of a fifth violation within a #cf-month period1 #aj1jjj2 and 7,,vi7 in the case of a sixth or subsequent violation within a #dh-month period1 #bj1jjj as determined by the ,secretary on a case-by-case basis4 4 7b7 ,applicability ,the amendment made by subsection 7a7 applies with respect to a violation of a restriction promulgated under section #ijf7;d77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77#a771 as described in section #ajc7q77#a7 of the ,family ,smoking ,prevention and ,tobacco ,control ,act 7#ba ,u4,s4,c4 #ccc note71 occurring on or after the date that is #f months after the enactment of this ,act4 ,the penalties specified in such section #ajc7q77#a71 as in effect on the day before such date1 shall continue to apply to violations occurring before such date4 #djc4 ,study and report on e-cigarettes ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 complete a study on-- 7,a7 the relationship of e-cigarettes to tobacco cessation2 7,b7 the perception of the harmful effects of e-cigarettes2 and 7,c7 the effects of secondhand exposure to smoke from e-cigarettes2 and 7#b7 submit to the ,congress a report on the results of such study1 including recommendations based on such results4 ,february #ba1 #bjbj,reported with an amendment2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed