subsection (b) of this section applies to such viola-
tion.
(b) KNOWING VIOLATIONS.—
(1) FIRST VIOLATION.—Except as provided in
paragraph (2), any person who knowingly violates a
provision of subsection (a) or (b) of section 2 shall
be fined in accordance with title 18, United States
Code, or imprisoned not more than two years, or
both.
(2) SUBSEQUENT VIOLATIONS.—In the case of
a second or subsequent knowing violation by a per-
son of a provision of subsection (a) or (b) of section
2, the person shall be fined in accordance with title
18, United States Code, or imprisoned not more
than five years, or both.
SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS
GENERAL.
(a) INJUNCTIVE RELIEF.—A State, through its State
attorney general, may on behalf of residents of the State
bring in its own name, and in an appropriate district court
of the United States, a civil action to restrain violations
by a person of any provision of subsection (a) or (b) of
section 2, including obtaining a preliminary or permanent
injunction or other order against the person.
(b) COORDINATION
WITH
COMMISSION.—Before
bringing a civil action under subsection (a), a State attor-
ney general shall provide to the Commission written notice
of the intent of the State attorney general to bring the
action.
(c) FEDERAL JURISDICTION.—
(1) IN GENERAL.—The district courts of the
United States shall have jurisdiction over any civil
action under subsection (a).
(2) VENUE.—A civil action under subsection (a)
may be brought only in accordance with section
1391 of title 28, United States Code, or in the dis-
trict in which the recipient of the tobacco products
resides or is found.
(d) REQUIREMENTS
FOR INJUNCTIONS
AND OR-
DERS.—
(1) IN
GENERAL.—In any civil action under
subsection (a), upon a proper showing by the State
attorney general involved, the court may issue a pre-
liminary or permanent injunction or other order to
restrain a violation of this section.
(2) NOTICE.—No preliminary injunction or per-
manent injunction or other order may be issued
under paragraph (1) without notice to the adverse
party and an opportunity for a hearing.
(3) FORM AND SCOPE OF ORDER.—Any prelimi-
nary or permanent injunction or other order entered
in a civil action under subsection (a) shall—
(A) set forth the reasons for the issuance
of the order;
(B) be specific in its terms;
(C) describe in reasonable detail, and not
by reference to the complaint or other docu-
ment, the act or acts sought to be restrained;
(D) be binding upon—
(i) the parties to the action and the
officers, agents, employees, and attorneys
of those parties; and
(ii) persons in active concert or par-
ticipation with the parties to the action
who receive actual notice of the order by
personal service or otherwise.
(e) ADDITIONAL REMEDIES.—
(1) IN GENERAL.—A remedy under subsection
(a) is in addition to any other remedies provided by
law.
(2) STATE COURT PROCEEDINGS.—Nothing in
this section may be construed to prohibit an author-
ized State official from proceeding in State court on
the basis of an alleged violation of any State law.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Commission’’ means the Federal
Trade Commission.
(2) The term ‘‘covered purchase order’’, with
respect to a tobacco product, has the meaning given
such term in section 2(c).
(3) The term ‘‘State’’ means each of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, Guam, the Com-
monwealth of the Northern Mariana Islands, and
the Virgin Islands.
(4) The term ‘‘State attorney general’’ means
the attorney general or other chief law enforcement
officer of a State, or the designee thereof.
(5) The term ‘‘tobacco product’’ means any
product made or derived from tobacco that is in-
tended for human consumption, including cigarettes,
cigars, smokeless tobacco, pipe tobacco, and the
product known as a bidi.
SEC. 7. EFFECTIVE DATE.
This Act takes effect upon the expiration of the 90-
day period beginning on the date of the enactment of this
Act, except that the authority of the Commission under
section 3(b) to commence the process of rulemaking is ef-
fective on such date of enactment. Section 2 applies with
respect to sales of tobacco products occurring on or after
the expiration of such 90-day period, without regard to
whether a final rule has been promulgated under section
3(b).
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