123STA T . 1 8 3 0PUBLIC LA W 111 – 31 —J U NE 22 , 200 9‘ ‘ (d)COL L ECTI O N O FU N PA I DF EE S.—Ina n yc a sewh e r e t he S ecretary d o es not rece iv e p ay m ent o f a fee assessed u nder su b- section (a) within 30 days after it is due , such fee sha l l be treated as a claim of the United States G overnment sub j ect to subchapter II of chapter 3 7 of title 3 1 , United States Code. ‘‘(e) A PPLICA B ILIT Y TO FISCAL Y EA R2 00 9 .—If the date of enact- ment of the Family Smo k in gP revention and T obacco Control Act occurs during fiscal year 2009, the following applies, subject to subsection (c)
‘‘(1) The Secretary shall determine the fees that would apply for a single q uarter of such fiscal year according to the application of subsection (b) to the amount specified in paragraph (1)(A) of such subsection (referred to in this sub- section as the ‘quarterly fee amounts ’ ). ‘‘(2) For the quarter in which such date of enactment occurs, the amount of fees assessed shall be a pro rata amount, deter- mined according to the number of days remaining in the quarter (including such date of enactment) and according to the daily equivalent of the quarterly fee amounts. Fees assessed under the preceding sentence shall not be collected until the ne x t quarter. ‘‘(3) For the quarter following the quarter to which para- graph (2) applies, the full quarterly fee amounts shall be assessed and collected, in addition to collection of the pro rata fees assessed under paragraph (2).’’. (c) CONFOR M IN G AMENDMENT.—Section 9(1) of the Comprehen- sive Smokeless Tobacco H ealth E ducation Act of 19 86 (1 5 U.S.C. 4 408(i)) is amended to read as follows: ‘‘(1) The term ‘smokeless tobacco’ has the meaning given such term by section 900(18) of the Federal Food, D rug, and Cosmetic Act.’’. SEC.102 . FINALRU LE. (a) CIGARETTES AND SMO K ELESS TOBACCO.— (1) IN GENERAL.— O n the first day of publication of the Federal R egister that is 180 days or more after the date of enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a final rule regarding cigarettes and smokeless tobacco, which— (A) is deemed to be issued under chapter 9 of the Federal Food, Drug, and Cosmetic Act, as added by section 101 of this division
and ( B ) shall be deemed to be in compliance with all applicable provisions of chapter 5 of title 5, United States Code, and all other provisions of law relating to rulemaking procedures. (2) CONTENTS OF R U LE.—Except as provided in this sub- section, the final rule published under paragraph (1), shall be identical in its provisions to part 897 of the regulations promulgated by the Secretary of Health and Human Services in the August 28, 1996, issue of the Federal Register (61 Fed. Reg. 44615 – 44618). Such rule shall— (A) provide for the designation of jurisdictional authority that is in accordance with this subsection in accordance with this division and the amendments made by this division; (B) strike Subpart C— L abels and section 897.32(c); Deadlin e .F ede r al R e g i st er ,pub li c ati o n. 21USC387 a – 1. Fees. Deadline.
