I 
113TH CONGRESS 
1ST SESSION 
H. R. 389 
To require the submission to the Congress of annual reports on the tobacco 
user fees assessed and collected under section 919 of the Federal Food, 
Drug, and Cosmetic Act. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 23, 2013 
Mr. GUTHRIE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require the submission to the Congress of annual reports 
on the tobacco user fees assessed and collected under 
section 919 of the Federal Food, Drug, and Cosmetic 
Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency in To-
bacco User Fees Act of 2013’’. 
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SEC. 2. REPORTING ON TOBACCO USER FEES. 
Section 919 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 387s) is amended by adding at the end 
the following: 
‘‘(f) REPORTING.— 
‘‘(1) IN GENERAL.—Beginning with fiscal year 
2014, not later than 120 days after the end of each 
fiscal year for which fees are collected under this 
section, the Secretary shall, with respect to such fis-
cal year, prepare and submit to the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report con-
cerning such fees. 
‘‘(2) CONTENTS.—Each report under para-
graph (1) shall, with respect to the fiscal year in-
volved, include at a minimum the following: 
‘‘(A) The total amount of fees assessed 
and collected under this section. 
‘‘(B) A description of how such fees have 
been, or are intended to be, used. 
‘‘(C) The total amount of fees assessed 
and collected under this section which have not 
been obligated. 
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‘‘(D) The total amount of fees assessed 
and collected under this section which have 
been obligated, but have not been expended. 
‘‘(E) Of the fees assessed and collected 
under this section, the portion of such fees 
which have been, or are intended to be, pro-
vided to public or private entities outside of the 
Federal Government. 
‘‘(F) The total number of tobacco products 
for which an application is received, or an order 
is issued, under section 910. 
‘‘(G) Of the applications received under 
section 910— 
‘‘(i) the number of such applications 
disposed of; and 
‘‘(ii) the number of such applications 
which remain pending. 
‘‘(H) The total number of modified risk to-
bacco products (as defined in section 911(b)) 
for which an application is received, or an order 
is issued, under section 911. 
‘‘(I) Of the applications received under sec-
tion 911— 
‘‘(i) the number of such applications 
disposed of; and 
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‘‘(ii) the number of such applications 
which remain pending.’’. 
Æ 
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