,,ii #aafth ,,congress #ast ,session ,s4 #faf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai ,mrs4 ,shaheen introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to impose user fees on manufacturers and importers of electronic nicotine delivery systems4 #a4 ,short title ,this ,act may be cited as the ,e-,cigarette ,youth ,protection ,act4 #b4 ,user fees relating to electronic nicotine delivery systems 7a7 ,in general ,chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg et seq47 is amended by inserting after section #iai the following3 #iai;,a4 ,user fees relating to electronic nicotine delivery systems 7a7 ,establishment of quarterly fee ,beginning on the date of enactment of the ,e-,cigarette ,youth ,protection ,act1 the ,secretary shall in accordance with this section assess user fees on1 and collect such fees from1 each manufacturer and importer of electronic nicotine delivery systems4 ,the fees shall be assessed and collected with respect to each quarter of each fiscal year1 and the total amount assessed and collected for a fiscal year shall be the amount specified in subsection 7b77#a7 for such year1 subject to subsection 7c74 7b7 ,assessment of user fee 7#a7 ,amount of assessment ,the total amount of user fees authorized to be assessed and collected under subsection 7a7 for a fiscal year is the following1 as applicable to the fiscal year involved3 7,a7 ,for fiscal year #bjbj1 the greater of-- 7i7 #aej1jjj1jjj2 or 7ii7 #b percent of the total value of manufacturer sales of electronic nicotine delivery systems in the ,united ,states in fiscal year #bjai4 7,b7 ,for fiscal year #bjba and each fiscal year thereafter1 the greater of-- 7i7 the amount described in subparagraph 7,a71 increased by the percentage increase in the ,consumer ,price ,index between #bjbj and the applicable year2 or 7ii7 #b percent of the total value of manufacturer sales of electronic nicotine delivery systems in the ,united ,states in the previous fiscal year4 7#b7 ,determination of user fee by company 7,a7 ,in general ,the total user fee to be paid by each manufacturer or importer of electronic nicotine delivery systems shall be determined for each quarter by multiplying-- 7i7 such manufacturer's or importer's percentage share of the total electronic nicotine delivery system market in the ,united ,states2 by 7ii7 the portion of the user fee amount for the current quarter to be assessed on all manufacturers and importers under paragraph 7#a74 7,b7 ,no fee in excess of percentage share ,no manufacturer or importer of electronic nicotine delivery systems shall be required to pay a user fee in excess of the percentage share of the total electronic nicotine delivery system market of the manufacturer or importer4 7#c7 ,timing of assessment ,the ,secretary shall notify each manufacturer and importer of electronic nicotine delivery systems subject to this section of the amount of the quarterly assessment imposed on such manufacturer or importer under this subsection for each quarter of each fiscal year4 ,such notifications shall occur not later than #cj days prior to the end of the quarter for which such assessment is made1 and payments of all assessments shall be made by the last day of the quarter involved4 7#d7 ,calculation of market share ,beginning not later than fiscal year #bjbj1 and for each subsequent fiscal year1 the ,secretary shall ensure that the ,food and ,drug ,administration is able to determine-- 7,a7 the annual amount of total sales in the electronic nicotine delivery system market of the ,united ,states2 and 7,b7 the applicable percentage shares under paragraph 7#b77;,a74 7c7 ,crediting and availability of fees 7#a7 ,in general ,fees authorized under subsection 7a7 shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations ,acts4 ,such fees are authorized to remain available until expended4 ,such sums as may be necessary may be transferred from the ,food and ,drug ,administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation4 7#b7 ,authorization of appropriations ,for fiscal year #bjba and each subsequent fiscal year1 there is authorized to be appropriated for fees under this section an amount equal to the amount specified in subsection 7b77#a7 for the fiscal year4 7d7 ,collection of unpaid fees ,in any case where the ,secretary does not receive payment of a fee assessed under subsection 7a7 within #cj days after it is due1 such fee shall be treated as a claim of the ,united ,states ,government subject to subchapter ,,ii of chapter #cg of title #ca1 ,united ,states ,code4 7e7 ,applicability to fiscal year #bjbj ,if the date of enactment of the ,e-,cigarette ,youth ,protection ,act occurs during fiscal year #bjbj1 subject to subsection 7c71 for the quarter following the quarter in which such date of enactment occurs1 the full quarterly fee amounts shall be assessed and collected4 4 7b7 ,enforcement 7#a7 ,in general ,section #ijb7d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;b7#d77 is amended by inserting 1 or the manufacturer or importer of electronic nicotine delivery systems fails to pay a user fee assessed to such manufacturer or importer pursuant to section #iai;,a by the date specified in section #iai;,a or by the #cjth day after final agency action on a resolution of any dispute as to the amount of such fee before the semicolon4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the later of ,october #a1 #bjba1 or the date of enactment of this ,act4 7c7 ,definition ,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 following3 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