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 
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— 
VerDate Mar 15 2010 
23:25 Dec 05, 2011
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3554.IH
H3554
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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 
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 
VerDate Mar 15 2010 
23:25 Dec 05, 2011
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3554.IH
H3554
mstockstill on DSK4VPTVN1PROD with BILLS
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-
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. 
VerDate Mar 15 2010 
23:25 Dec 05, 2011
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3554.IH
H3554
mstockstill on DSK4VPTVN1PROD with BILLS