or greater than the amount appropriated for salaries 
and expenses of the Food and Drug Administration 
for the first applicable fiscal year multiplied by the 
adjustment factor applicable to the fiscal year in-
volved, except that in making determinations under 
this paragraph for the fiscal years involved there 
shall be excluded— 
‘‘(A) the amounts appropriated under sub-
section (f)(2) for the fiscal years involved; and 
‘‘(B) the amounts appropriated under sec-
tion 736(g) for such fiscal years. 
‘‘(2) AUTHORITY.—If under paragraph (1) the 
Secretary does not have authority to assess fees 
under subsection (a) during a portion of a fiscal 
year, but does at a later date in such fiscal year 
have such authority, the Secretary, notwithstanding 
the due date under such subsection for fees, may as-
sess and collect such fees at any time in such fiscal 
year, without any modification in the rate of the 
fees. 
‘‘(f) CREDITING AND AVAILABILITY OF FEES.— 
‘‘(1) IN GENERAL.—Fees collected for a fiscal 
year pursuant to subsection (a) shall be credited to 
the appropriation account for salaries and expenses 
of the Food and Drug Administration and shall be 
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available in accordance with appropriation Acts until 
expended without fiscal year limitation. Such sums 
as may be necessary may be transferred from the 
Food and Drug Administration salaries and ex-
penses appropriation account without fiscal year lim-
itation to such appropriation account for salaries 
and expenses with such fiscal year limitation. The 
sums transferred shall be available solely for the 
purposes described in paragraph (1) of subsection 
(b), and the sums are subject to allocations under 
paragraph (2) of such subsection. 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) FIRST FISCAL YEAR.—For the first 
applicable fiscal year— 
‘‘(i) there is authorized to be appro-
priated for fees under subsection (a) an 
amount equal to the amount of increase 
determined under subsection (b)(1)(A) by 
the Secretary (which amount shall be pub-
lished in the Federal Register); and 
‘‘(ii) in addition, there is authorized to 
be appropriated for fees under subsection 
(a) an amount determined by the Secretary 
to be necessary to carry out the purpose 
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described in subsection (b)(1)(B) (which 
amount shall be so published). 
‘‘(B) SUBSEQUENT
FISCAL
YEARS.—For 
each of the four fiscal years following the first 
applicable fiscal year— 
‘‘(i) there is authorized to be appro-
priated for fees under subsection (a) an 
amount equal to the amount that applied 
under subparagraph (A)(i) for the first ap-
plicable fiscal year, except that such 
amount shall be adjusted under paragraph 
(3)(A) for the fiscal year involved; and 
‘‘(ii) in addition, there is authorized to 
be appropriated for fees under subsection 
(a) an amount equal to the amount that 
applied under subparagraph (A)(ii) for the 
first applicable fiscal year, except that such 
amount shall be adjusted under paragraph 
(3)(B) for the fiscal year involved. 
‘‘(3) ADJUSTMENTS.— 
‘‘(A) AGENCY COST OF RESOURCES.—For 
each fiscal year other than the first applicable 
fiscal year, the amount that applied under para-
graph (2)(A)(i) for the first applicable fiscal 
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year shall be multiplied by the adjustment fac-
tor (as defined in subsection (i)). 
‘‘(B) RESEARCH PROGRAM.—For each fis-
cal year other than the first applicable fiscal 
year, the amount that applied under paragraph 
(2)(A)(ii) for the first applicable fiscal year 
shall be adjusted by the Secretary (and as ad-
justed shall be published in the Federal Reg-
ister) to reflect the greater of— 
‘‘(i) the total percentage change that 
occurred during the preceding fiscal year 
in the Consumer Price Index for all urban 
consumers (all items; U.S. city average); or 
‘‘(ii) the total percentage change for 
such fiscal year in basic pay under the 
General Schedule in accordance with sec-
tion 5332 of title 5, United States Code, 
as adjusted by any locality-based com-
parability payment pursuant to section 
5304 of such title for Federal employees 
stationed in the District of Columbia. 
‘‘(4) OFFSET.—Any amount of fees collected 
for a fiscal year under subsection (a) that exceeds 
the amount of fees specified in appropriation Acts 
for such fiscal year shall be credited to the appro-
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priation account of the Food and Drug Administra-
tion as provided in paragraph (1), and shall be sub-
tracted from the amount of fees that would other-
wise be authorized to be collected under this section 
pursuant to appropriation Acts for a subsequent fis-
cal year. 
‘‘(g) COLLECTION OF UNPAID FEES.—In any case 
where the Secretary does not receive payment of a fee as-
sessed under subsection (a) within 30 days after it is due, 
such fee shall be treated as a claim of the United States 
Government subject to subchapter II of chapter 37 of title 
31, United States Code. 
‘‘(h) CONSTRUCTION.—This section may not be con-
strued as requiring that the number of full-time equivalent 
positions in the Department of Health and Human Serv-
ices, for officers, employers, and advisory committees not 
engaged in carrying out section 409 with respect to ge-
netic food additives be reduced to offset the number of 
officers, employees, and advisory committees so engaged. 
‘‘(i) DEFINITION
OF ADJUSTMENT FACTOR.—For 
purposes of this section, the term ‘adjustment factor’ ap-
plicable to a fiscal year is the lower of— 
‘‘(1) the Consumer Price Index for all urban 
consumers (all items; United States city average) for 
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