,,ii  #aaith ,,congress  #b;d ,session  
,s4 #dbeg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bf1    
#bjbf,mrs4 ,shaheen 7for herself1 ,ms4  
,murkowski1 ,mr4 ,durbin1 ,ms4 ,baldwin1
 and ,mr4 ,blumenthal7 introduced the   
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to apply user fees with respect
 to tobacco products deemed subject to  
the requirements of chapter ,,ix of the 
,federal ,food1 ,drug1 and ,cosmetic    
,act4  #a4 ,short title ,this ,act may  
be cited as the ,resources ,to ,prevent 
,youth ,vaping ,act4  #b4 ,user fees    
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 each
 of fiscal years #bjai through #bjbf1   
#gab1jjj1jjj4  7,l7 ,for fiscal year    
#bjbg1 #hbf1bjj1jjj4  7,m7 ,for fiscal  

year #bjbh and each subsequent fiscal   
year1 the amount that was applicable for
 the previous fiscal year1 adjusted 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 products  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 #bjbg and #bjbh ,for fiscal years 
#bjbg and #bjbh1 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 #bjbi 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 #bjbg and #bjbh under  
clause 7i71 except that for purposes of 
fiscal years #bjbi 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 subparagraph 7,c7 
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 #bjbi1 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 fees 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 #bjbi 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 #bjbh1 for calendar year     
#bjbg1 by ,april #a1 #bjbh1 for the     
period of ,january #a1 #bjbh1 through   
,march #ca1 #bjbh1 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 shall apply beginning with
 fiscal year #bjbi4 ,except for 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 #bjbi4  #c4      
,annual reporting on tobacco regulation 
activities  7a7 ,in general ,section    
#aab7;b7 of division ,p of the          
,consolidated ,appropriations ,act1     
#bjbb 7#ba ,u4,s4,c4 #chgv7b77 is       
amended by adding at the end the        
following3  7#ab7 ,a breakdown of the   
amount expended on activities related to
 deemed tobacco products versus the     
amount expended on activities related to
 combustible tobacco products listed in 
section #iai7;b77#b77;,b77i7 of the     
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4                     
#chgs7b77#b77;,b77i774  7#ac7 ,an       
explanation for how the ,food and ,drug 
,administration ensures that the amount 
of user fees allocated to public        
education campaigns on youth e-cigarette
 use and prevention is sufficient to    

meet the need for education of teens and
 minors on the dangers of e-cigarettes  
and other ,electronic ,nicotine         
,delivery ,systems 7commonly referred to
 as ,,ends74  7#ad7 ,when applicable1 a 
breakdown of the amount or user fees    
collected under the amendments made by  
this ,act from manufacturers of deemed  
tobacco products and the amount         
collected from manufacturers of each of 
the original pre-existing categories of 
tobacco products under section          
#iai7;b77#b77;,b77i7 of the ,federal    
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #chgs7b77#b77;,b77i774  4  7b7
 ,application ,the information described
 in paragraphs 7#ab7 and 7#ac7 of       
subsection 7b7 of section #aab of       
division ,p of the ,consolidated        
,appropriations ,act1 #bjbb 7#ba        
,u4,s4,c4 #chgv7b771 as added by        
subsection 7a71 shall be required to be 
included in reports under such section  
#aab for fiscal year #bjbg and each     
subsequent fiscal year1 and the         

information described in paragraph 7#ad7
 of such section #aab1 as added by      
subsection 7a71 shall be required to be 
included in reports under such section  
#aab for fiscal year #bjbi and each     
subsequent fiscal year4