109 
‘‘(B) USE
OF
FEES
AND
LIMITATION.— 
The fees authorized by this section shall be col-
lected and available only to defray the costs of 
cosmetic safety activities. 
‘‘(C) FEE
COLLECTIONS
DURING
FIRST 
PROGRAM YEAR.—Until the date of enactment 
of discretionary appropriations through Sep-
tember 30, 2020, for the ‘Food and Drug Ad-
ministration—Salaries and Expenses’ account, 
fees authorized by this section for fiscal year 
2020 may be collected, and any fees so collected 
shall be credited to such account, to remain 
available until expended. 
‘‘(D) STARTUP
COSTS.—Until one year 
after the Secretary begins collecting user fees 
under subsection (a), any amounts available for 
the Center for Food Safety and Applied Nutri-
tion and related field activities (excluding user 
fees) shall be available and allocated as needed 
to pay the costs of any cosmetic safety activities 
not authorized before enactment of the Cos-
metic Safety Enhancement Act of 2019. 
‘‘(E) 
REIMBURSEMENT
OF
STARTUP 
AMOUNTS.— 
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‘‘(i) IN GENERAL.—Any amounts allo-
cated for the startup period pursuant to 
subparagraph (D) 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 
otherwise available, for a period not to ex-
ceed two years after the Secretary begins 
collecting user fees under subsection (a), 
for the Center for Food Safety and Applied 
Nutrition and related field activities (other 
than cosmetic safety activities and related 
field activities funded through such alloca-
tion) for such period. 
‘‘(ii) TREATMENT
OF
REIMBURSED 
AMOUNTS.—Amounts 
reimbursed 
under 
clause (i) shall be available for the pro-
grams and activities for which funds allo-
cated for the startup period were available, 
prior to such allocation, until 1 year after 
the Secretary begins collecting user fees 
under subsection (a), notwithstanding any 
otherwise applicable limits on amounts for 
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such programs or activities for a fiscal 
year. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for fees 
under this section the following: 
‘‘(A) $10,000,000 for fiscal year 2020; 
‘‘(B) $20,000,000 for fiscal year 2021; 
‘‘(C) $35,000,000 for fiscal year 2022; and 
‘‘(D) $46,000,000 for each of fiscal years 
2023 through 2027. 
‘‘(g) EFFECT OF FAILURE TO PAY FEES.—The Sec-
retary shall not consider a registration by a responsible 
person submitted under section 605 to be complete until 
all fees owed by such person under subsection (a) are paid. 
Until the fees are paid, the registration is incomplete and 
the responsible person is deemed to have failed to register 
in accordance with section 605. 
‘‘(h) COLLECTION OF UNPAID FEES.—In any case 
where the Secretary does not receive payment of a fee as-
sessed under subsection (a), such fee shall be treated as 
a claim of the United States Government subject to sub-
chapter II of chapter 37 of title 31, United States Code. 
‘‘(i) CONSTRUCTION.—This section may not be con-
strued to require that the number of full-time equivalent 
positions in the Department of Health and Human Serv-
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ices, for officers, employees, and advisory committees not 
engaged in cosmetic safety activities, be reduced to offset 
the number of officers, employees, and advisory commit-
tees so engaged. 
‘‘(j) RECORDS.—Each responsible person that is re-
quired to register under section 605 shall retain all records 
necessary to demonstrate gross annual sales for at least 
2 fiscal years after such information is reported in its reg-
istration. Such records shall be made available to the Sec-
retary for review and duplication upon request of the Sec-
retary. 
‘‘(k) LIMITATION.—This part does not authorize the 
assessment or collection of a fee for registration under sec-
tion 605 occurring after fiscal year 2027.’’. 
SEC. 203. DIRECT HIRING AUTHORITY TO SUPPORT ACTIVI-
TIES RELATED TO COSMETICS. 
Part 10 of subchapter C of chapter VII, as added 
by section 202, is amended by inserting after section 
744M the following: 
‘‘SEC. 744N. DIRECT HIRING AUTHORITY TO SUPPORT AC-
TIVITIES RELATED TO COSMETICS. 
‘‘The Secretary shall have direct hiring authority with 
respect to the appointment of employees into the competi-
tive service or the excepted service to administer the Cos-
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metic Safety Enhancement Act of 2019 and the amend-
ments made thereby. 
‘‘SEC. 744O. REPORTING REQUIREMENTS; REAUTHORIZA-
TION. 
‘‘(a) PERFORMANCE REPORT.—Beginning with fiscal 
year 2021, and not later than 120 calendar days after the 
end of each fiscal year thereafter for which fees are col-
lected under this part, the Secretary shall prepare and 
submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report 
concerning the progress of the Food and Drug Adminis-
tration on cosmetic safety activities during such fiscal 
year, including the future plans of the Food and Drug Ad-
ministration for such activities. 
‘‘(b) FISCAL REPORT.—Not later than 120 calendar 
days after the end of fiscal year 2021 and each subsequent 
fiscal year for which fees are collected under this part, 
the Secretary shall prepare and submit to the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the implementation 
of the authority for such fees during such fiscal year and 
the use, by the Food and Drug Administration, of the fees 
collected for such fiscal year. 
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‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall 
make the reports required under subsections (a) and (b) 
available to the public on the internet website of the Food 
and Drug Administration. 
‘‘(d) REAUTHORIZATION.— 
‘‘(1) CONSULTATION.—In developing recom-
mendations to present to the Congress with respect 
to performance goals developed by the Food and 
Drug Administration, and plans for meeting the 
goals, for cosmetic safety activities for the first 5 fis-
cal years after fiscal year 2027, and for the reau-
thorization of this part for such fiscal years, the Sec-
retary shall consult with— 
‘‘(A) the Committee on Energy and Com-
merce of the House of Representatives; 
‘‘(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
‘‘(C) scientific and academic experts; 
‘‘(D) health care professionals; 
‘‘(E) representatives of public health and 
consumer advocacy groups; and 
‘‘(F) the regulated industry. 
‘‘(2) 
PUBLIC
REVIEW
OF
RECOMMENDA-
TIONS.—After negotiations with the regulated indus-
try, the Secretary shall— 
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‘‘(A) present the recommendations devel-
oped under paragraph (1) to the congressional 
committees specified in such paragraph; 
‘‘(B) publish such recommendations in the 
Federal Register; 
‘‘(C) provide for a period of 30 calendar 
days for the public to provide written comments 
on such recommendations; 
‘‘(D) hold a meeting at which the public 
may present its views on such recommenda-
tions; and 
‘‘(E) after consideration of such public 
views and comments, revise such recommenda-
tions as necessary. 
‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— 
Not later than January 15, 2026, the Secretary 
shall transmit to the Congress the revised rec-
ommendations under paragraph (2), a summary of 
the views and comments received under such para-
graph, and any changes made to the recommenda-
tions in response to such views and comments.’’. 
SEC. 204. SUNSET DATES. 
(a) AUTHORIZATION.—Sections 744L, 744M, and 
744N of the Federal Food, Drug, and Cosmetic Act, as 
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added by section 202, shall cease to be effective October 
1, 2027. 
(b) REPORTING REQUIREMENTS.—Section 744O of 
the Federal Food, Drug, and Cosmetic Act, as added by 
section 203, shall cease to be effective January 31, 2028. 
Æ 
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