sess such fees, the Secretary may assess and collect
such fees, without any modification in the rate of
the fees, at any time in such fiscal year notwith-
standing the provisions of subsection (a)(3) relating
to the time at which fees are to be paid.
‘‘(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
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 carry-
ing out section 801 with respect to food, and the
sums are subject to allocations under subsection
(a)(2)(B).
‘‘(2) 
COLLECTIONS
AND
APPROPRIATION
ACTS.—The fees authorized in subsection (a)—
‘‘(A) shall be collected in each fiscal year
in accordance with subsections (a)(3) and (b);
and
‘‘(B) shall only be collected and available
for the purpose specified in subsection (a)(2).
‘‘(3) AUTHORIZATION OF APPROPRIATIONS; AL-
LOCATIONS BY SECRETARY.—Subject to paragraph
(4) and subsection (c)(1), there is authorized to be
appropriated for fees under this section $56,000,000
for each of the fiscal years 2000 through 2004.
‘‘(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-
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 801 with respect to food
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
April of the preceding fiscal year divided by such
Index for April 1999; or
‘‘(2) the total of discretionary budget authority
provided for programs in categories other than the
defense category for the immediately preceding fiscal
year (as reported in the Office of Management and
Budget sequestration preview report, if available, re-
quired under section 254(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985) divided
by such budget authority for fiscal year 1999 (as re-
ported in the Office of Management and Budget
final sequestration report submitted after the end of
the 105th Congress, 2d Session).
The terms ‘budget authority’ and ‘category’ in subpara-
graph (B) are as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985.’’.
Æ