TITLE IV—NICOTINE OR VAPING 
ACCESS 
PROTECTION 
AND 
ENFORCEMENT 
SECTION 401. SHORT TITLE. 
This title may be cited as the ‘‘Nicotine or Vaping Ac-
cess Protection and Enforcement Act of 2019’’ or the ‘‘NO 
VAPE Act of 2019’’. 
SEC. 402. INCREASING CIVIL PENALTIES APPLICABLE TO 
CERTAIN VIOLATIONS OF RESTRICTIONS ON 
SALE AND DISTRIBUTION OF TOBACCO PROD-
UCTS. 
(a) 
PENALTIES.—Subparagraph 
(A) 
of 
section 
103(q)(2) of the Family Smoking Prevention and Tobacco 
Control Act (21 U.S.C. 333 note) is amended to read as 
follows: 
‘‘(A) IN GENERAL.—The amount of the civil 
penalty to be applied for violations of restric-
tions promulgated under section 906(d), as de-
scribed in paragraph (1), shall be as follows: 
‘‘(i) With respect to a retailer with an 
approved training program, the amount of 
the civil penalty shall not exceed— 
‘‘(I) in the case of the first viola-
tion, $0, together with the issuance of 
a warning letter to the retailer; 
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‘‘(II) in the case of a second viola-
tion within a 12-month period, $500; 
‘‘(III) in the case of a third viola-
tion within a 24-month period, $1,000; 
‘‘(IV) in the case of a fourth viola-
tion within a 24-month period, $4,000; 
‘‘(V) in the case of a fifth viola-
tion 
within 
a 
36-month 
period, 
$10,000; and 
‘‘(VI) in the case of a sixth or sub-
sequent violation within a 48-month 
period, $20,000 as determined by the 
Secretary on a case-by-case basis. 
‘‘(ii) With respect to a retailer that 
does not have an approved training pro-
gram, the amount of the civil penalty shall 
not exceed— 
‘‘(I) in the case of the first viola-
tion, $500; 
‘‘(II) in the case of a second viola-
tion within a 12-month period, $1,000; 
‘‘(III) in the case of a third viola-
tion within a 24-month period, $2,000; 
‘‘(IV) in the case of a fourth viola-
tion within a 24-month period, $4,000; 
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‘‘(V) in the case of a fifth viola-
tion 
within 
a 
36-month 
period, 
$10,000; and 
‘‘(VI) in the case of a sixth or sub-
sequent violation within a 48-month 
period, $20,000 as determined by the 
Secretary on a case-by-case basis.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies with respect to a violation of a restric-
tion promulgated under section 906(d)(1) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), as 
described in section 103(q)(1) of the Family Smoking Pre-
vention and Tobacco Control Act (21 U.S.C. 333 note), oc-
curring on or after the date that is 6 months after the enact-
ment of this Act. The penalties specified in such section 
103(q)(1), as in effect on the day before such date, shall 
continue to apply to violations occurring before such date. 
SEC. 403. STUDY AND REPORT ON E-CIGARETTES. 
Not later than 5 years after the date of enactment of 
this Act, the Comptroller General of the United States 
shall— 
(1) complete a study on— 
(A) the relationship of e-cigarettes to to-
bacco cessation; 
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(B) the perception of the harmful effects of 
e-cigarettes; and 
(C) the effects of secondhand exposure to 
smoke from e-cigarettes; and 
(2) submit to the Congress a report on the results 
of such study, including recommendations based on 
such results. 
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Union Calendar No. 324 
116TH CONGRESS 
2D SESSION 
H. R. 2339 
[Report No. 116–402] 
A BILL 
To amend the Federal Food, Drug, and Cosmetic 
Act with respect to the sale and marketing of to-
bacco products, and for other purposes. 
FEBRUARY 21, 2020 
Reported with an amendment; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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