,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ejbb  ,,in ,,the ,,house ,,of  
,,representatives  ,november #h1        
#bjai,mr4 ,ruiz introduced the following
 bill2 which was referred to the        
,committee on ,energy and ,commerce  ,a 
,,bill  ,to amend the ,family ,smoking  
,prevention and ,tobacco ,control ,act  
to increase certain civil penalties     
applicable to violations of certain     
restrictions on the sale and            
distribution of tobacco products1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,nicotine
 ,or ,vaping ,access ,protection and    
,enforcement ,act of #bjai or the ,,no  
,,vape ,act of #bjai4  #b4 ,increasing  
civil penalties applicable to certain   
violations of restrictions on sale and  
distribution of tobacco products  7a7   
,penalties ,paragraph 7#b7 of section   
#ajc7q7 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 #cjj2  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  
#c4 ,mandatory age verification for all 
retail purchasers of tobacco products   
7a7 ,in general ,subsection 7d7 of      
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 following new paragraph3  7#e7 ,age
 verification  7,a7 ,requirement ,the   
,secretary shall by regulation require1 
in any retail sale of a tobacco product1
 verification of the purchaser's age by 
means of photographic identification    
containing the bearer's date of birth4  
7,b7 ,no exception for older purchasers 
,the age verification requirement       
promulgated under subparagraph 7,a7     
shall not include any exception for any 
purchaser1 including any purchaser above
 a specified age4  4  7b7 ,regulations  
,the ,secretary of ,health and ,human   
,services1 acting through the           

,commissioner of ,food and ,drugs1 shall
 promulgate a final regulation pursuant 
to section #ijf7;d77#e7 of the ,federal 
,food1 ,drug1 and ,cosmetic ,act1 as    
added by subsection 7a71 not later than 
#f months after the date of enactment of
 this ,act4  #d4 ,study and report on   
e-cigarettes  ,not later than #e years  
after the date of enactment of this     
,act1 the ,director of the ,centers for 
,disease ,control and ,prevention       
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 environmental effects of  
e-cigarette emissions2 and  7#b7 submit 
to the ,congress a report on the results
 of such study4