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S. 2445: Resources To Prevent Youth Vaping Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jul 22, 2021.

Resources to Prevent Youth Vaping Act

This bill directs the Food and Drug Administration (FDA) to collect user fees on products that it deems by regulation to be tobacco products, including electronic nicotine delivery systems, and addresses related issues. Currently, the FDA is authorized to collect user fees only on specified classes of tobacco products.

The bill increases the total amount of such fees to be collected for FY2022. For each fiscal year after, the total amount of such fees shall be adjusted according to changes in a price index. 

Starting in FY2024, the FDA must assess user fees on classes of products that it has deemed by regulation to be tobacco products, unless the FDA fails to finalize a formula for assessing such fees on time. Once it is finalized, the FDA may only revise this formula by regulation.

The bill also requires each tobacco manufacturer and importer to periodically submit certain information related to the tobacco products that it sells or distributes in the United States.

The FDA must annually report to Congress about its use of such tobacco product fees.