I 
117TH CONGRESS 
1ST SESSION H. R. 4629 
To apply user fees with respect to tobacco products deemed subject to the 
requirements of chapter IX of the Federal Food, Drug, and Cosmetic Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2021 
Mrs. BUSTOS (for herself and Mr. FITZPATRICK) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To apply user fees with respect to tobacco products deemed 
subject to the requirements of chapter IX 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 ‘‘Resources To Prevent 
Youth Vaping Act’’. 
SEC. 2. USER FEES. 
(a) 
INCREASE
IN
TOTAL
AMOUNT.—Section 
919(b)(1) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 387s(b)(1)) is amended by striking subpara-
graph (K) and inserting the following subparagraphs: 
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‘‘(K) For each of fiscal years 2019 through 
2021, $712,000,000. 
‘‘(L) For fiscal year 2022, $812,000,000. 
‘‘(M) For fiscal year 2023 and each subse-
quent fiscal year, the amount that was applica-
ble for the previous fiscal year, adjusted by the 
total percentage change that occurred in the 
Consumer Price Index for all urban consumers 
(all items; United States city average) for the 
12-month period ending June 30 preceding the 
fiscal year.’’. 
(b) APPLICATION OF USER FEES TO ALL CLASSES 
OF TOBACCO PRODUCTS.— 
(1) IN GENERAL.—Subparagraph (A) of section 
919(b)(2) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 387s(b)(2)) is amended to read as 
follows: 
‘‘(A) IN GENERAL.— 
‘‘(i) FISCAL YEARS 2022 AND 2023.— 
For fiscal years 2022 and 2023, user fees 
shall be assessed and collected under sub-
section (a) only with respect to the classes 
of tobacco products listed in subparagraph 
(B)(i), and the total such user fees with re-
spect to each such class shall be an 
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amount that is equal to the applicable per-
centage of each such class for the fiscal 
year multiplied by the amount specified in 
paragraph (1) for the fiscal year. 
‘‘(ii) SUBSEQUENT
FISCAL
YEARS.— 
For fiscal year 2024 and each subsequent 
fiscal year, user fees shall be assessed and 
collected under subsection (a) with respect 
to each class of tobacco products to which 
this chapter applies (including tobacco 
products that the Secretary by regulation 
deems to be subject to this chapter), and 
the total user fees with respect to each 
such class shall be— 
‘‘(I) with respect to each class of 
tobacco products listed in subpara-
graph (B)(i), an amount that is cal-
culated in the same way as the 
amounts calculated for fiscal years 
2022 and 2023 under clause (i), ex-
cept that for purposes of fiscal years 
2024 and subsequent fiscal years, in-
stead of multiplying the applicable 
percentage of each such class by ‘the 
amount specified in paragraph (1) for 
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