Resources To Prevent Youth Vaping Act
Sponsored By: Senator Shaheen, Jeanne [D-NH]
Introduced
Summary
Funds youth vaping prevention by creating a stepped, then CPI‑adjusted FDA user‑fee system on tobacco products. This bill would restructure and raise annual user fees, expand which product classes pay those fees, and require detailed sales reporting and annual spending disclosures.
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- Families and youth: Would direct fee-funded money toward youth vaping prevention and require annual reports that break out spending on vaping versus combustible products.
- Manufacturers and importers: Would impose new and larger user fees including about $712 million per year through FY2026 and $826.2 million in FY2027, and would require gross domestic sales and product lists to be reported (March 1, 2028 for 2027 data and monthly reporting after April 2028).
- FDA and agencies: Gives the Secretary authority to create an allocation formula for newly covered classes, classify products by regulation, adjust fees by the Consumer Price Index, and set up interagency data sharing agreements to administer fees.
*Would increase federal user-fee receipts to about $712 million per year through FY2026, $826.2 million in FY2027, and CPI‑adjusted amounts thereafter.*
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Higher tobacco fees for manufacturers
This bill would set a larger, fixed annual FDA tobacco user-fee pool. It would require $712 million per year for each fiscal year 2019–2026 and $826.2 million for fiscal year 2027. For fiscal year 2028 and later, the amount would be adjusted each year by the annual change in the CPI‑U for the 12 months ending June 30 before the fiscal year. If enacted, manufacturers and importers would ultimately fund this larger fee pool and could face higher costs or pass them to consumers.
New sales-based fee rules for manufacturers
The bill would change how the total fee pool is split across product classes and firms. For fiscal years 2027–2028, fees would be charged only for the product classes listed in the statute, with each listed class getting its statutory percentage of the annual amount. Beginning in fiscal year 2029, the Secretary would adopt a sales‑based formula to assign fees to any classes not listed and to divide each class's share among manufacturers by their prior‑year U.S. gross domestic sales. If the Secretary does not finish the formula by FY2029, the listed‑class assessments would continue until the formula is finalized.
New reporting and penalties for manufacturers
The bill would require manufacturers and importers to send ID, product‑class lists, finished product listings (for some classes), and gross domestic sales data to FDA on a tight schedule. Reports would be due by March 1, 2028 for calendar year 2027; by April 1, 2028 for January–March 2028; and monthly thereafter. The bill would also add the new reporting duty to FDA's list of prohibited acts effective beginning with fiscal year 2029, so failing to report could be enforced under existing FDA authorities. FDA would be required to seek an interagency agreement to get timely data on manufacturers and importers.
FDA must report tobacco fee spending
The bill would require FDA to add more detail to its annual tobacco user‑fee reports. Reports for fiscal year 2027 and later would separate amounts spent on deemed products (like e‑cigarettes) versus combustible tobacco and explain whether funding for youth e‑cigarette education and prevention is sufficient. Beginning in fiscal year 2029, reports would also show fees collected from manufacturers of deemed products versus original tobacco categories.
Sponsors & CoSponsors
Sponsor
Shaheen, Jeanne [D-NH]
NH • D
Cosponsors
Sen. Murkowski, Lisa [R-AK]
AK • R
Sponsored 3/26/2026
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 3/26/2026
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 3/26/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 3/26/2026
Roll Call Votes
No roll call votes available for this bill.
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