123STA T . 1 8 2 9PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 ‘ ‘ (A)INGE NE RAL.—Fe e sap p ro pr i a t e dun der para g rap h ( 3 )area v ai l a b le onl yf or the purpose of paying the c osts of the activities of the Food and D rug Ad m inistration related to the regulation of tobacco products under this chapter and the Family S mo k ing P revention and T obacco C ontrol Act (referred to in this subsection as ‘tobacco regu - lation activities ’ ) , e x cept that such fees may be used for the reimbursement specified in subparagraph (C). ‘‘( B )PR OHIB I T ION AGAIN S T U SEO F OTHER FUN D S.— ‘‘(i) IN GENERAL.— E xcept as provided in clause (ii), fees collected under subsection (a) are the only funds authori z ed to be made available for tobacco regu- lation activities. ‘‘(ii) STARTU PC OSTS.—Clause (i) does not apply until O ctober 1 , 20 0 9 . U ntil such date, any amounts available to the Food and Drug Administration (excluding user fees) shall be available and allocated as needed to pay the costs of tobacco regulation activi- ties. ‘‘(C) R EI M BURSEMENT OF START-UP AMOUNTS.— ‘‘(i) IN GENERAL.—Any amounts allocated for the start-up period pursuant to subparagraph (B)(ii) shall be reimbursed through any appropriated fees collected under subsection (a), in such manner as the Secretary determines appropriate to ensure that such allocation results in no net change in the total amount of funds other w ise available, for the period from October 1, 200 8 , through September 30, 2010, for Food and Drug Administration programs and activities (other than tobacco regulation activities) for such period. ‘‘(ii) TREATMENT OF REIMBURSED AMOUNTS.— Amounts reimbursed under clause (i) shall be available for the programs and activities for which funds allo- cated for the start-up period were available, prior to such allocation, until September 30, 2010, notwith- standing any otherwise applicable limits on amounts for such programs or activities for a fiscal year. ‘‘(D) FEE COLLECTED DURING START-UP PERIOD.— N ot- withstanding the first sentence of paragraph (1), fees under subsection (a) may be collected through September 30, 2009 under subparagraph (B)(ii) and shall be available for obliga- tion and remain available until expended. Such offsetting collections shall be credited to the salaries and expenses account of the Food and Drug Administration. ‘‘(E) OBLIGATION OF START-UP COSTS IN ANTICIPATION OFA V AILABLE FEE COLLECTIONS.—Notwithstanding any other provision of law, following the enactment of an appro- priation for fees under this section for fiscal year 2010, or any portion thereof, obligations for costs of tobacco regu- lation activities during the start-up period may be incurred in anticipation of the receipt of offsetting fee collections through procedures specified in section 1 5 3 4 of title 31, United States Code. ‘‘(3) AUTHORI Z ATION OF APPROPRIATIONS.—For fiscal year 2009 and each subse q uent fiscal year, there is authorized to be appropriated for fees under this section an amount equal to the amount specified in subsection (b)(1) for the fiscal year. Deadlin e . Deadline. Ef fe ct i v e date.
