Page:United States Statutes at Large Volume 124.djvu/3935

 124 STAT. 3909 PUBLIC LAW 111–353—JAN. 4, 2011 activities at the Food and Drug Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) is equal to or greater than the amount of appropriations for food safety activities at the Food and Drug Administration for fiscal year 2009 (excluding the amount of fees appropriated for such fiscal year), multiplied by the adjustment factor under paragraph (3). ‘‘(2) AUTHORITY.—If — ‘‘(A) the Secretary does not assess fees under subsection (a) for a portion of a fiscal year because paragraph (1) applies; and ‘‘(B) at a later date in such fiscal year, such paragraph (1) ceases to apply, the Secretary may assess and collect such fees under subsection (a), without any modification to the rate of such fees, notwith- standing the provisions of subsection (a) relating to the date fees are to be paid. ‘‘(3) ADJUSTMENT FACTOR.— ‘‘(A) IN GENERAL.—The adjustment factor described in paragraph (1) shall be the total percentage change that occurred in the Consumer Price Index for all urban con- sumers (all items; United States city average) for the 12- month period ending June 30 preceding the fiscal year, but in no case shall such adjustment factor be negative. ‘‘(B) COMPOUNDED BASIS.—The adjustment under subparagraph (A) made each fiscal year shall be added on a compounded basis to the sum of all adjustments made each fiscal year after fiscal year 2009. ‘‘(4) LIMITATION ON AMOUNT OF CERTAIN FEES.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of this section and subject to subparagraph (B), the Secretary may not collect fees in a fiscal year such that the amount collected— ‘‘(i) under subparagraph (B) of subsection (a)(1) exceeds $20,000,000; and ‘‘(ii) under subparagraphs (A) and (D) of subsection (a)(1) exceeds $25,000,000 combined. ‘‘(B) EXCEPTION.—If a domestic facility (as defined in section 415(b)) or an importer becomes subject to a fee described in subparagraph (A), (B), or (D) of subsection (a)(1) after the maximum amount of fees has been collected by the Secretary under subparagraph (A), the Secretary may collect a fee from such facility or importer. ‘‘(d) CREDITING AND AVAILABILITY OF FEES.—Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in appropriations Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses account with- out fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the purpose of paying the operating expenses of the Food and Drug Administration employees and con- tractors performing activities associated with these food safety fees. ‘‘(e) COLLECTION OF FEES.— ‘‘(1) IN GENERAL.—The Secretary shall specify in the Fed- eral Register notice described in subsection (b)(1) the time