S.Amdt. 1232

SA 1232. Mr. ENZI submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 919 of the Federal Food Drug, and Cosmetic Act (as added by section 101), add at the end the following:

“(d) Adjustments.--

“(1) Inflation adjustment.--With respect to fiscal years beginning with fiscal year 2020, the amount provided for in subsection (b)(1)(K) for a fiscal year shall be adjusted by the Secretary by notice, published in the Federal Register, by the greater of--

“(A) the total percentage change that occurred in the Consumer Price Index for all urban consumers (all items, United States city average), for the 12 month period ending June 30 preceding the fiscal year for which the amount is being adjusted;

“(B) the total percentage change for the previous fiscal year in basic pay under the General Schedule in accordance with section 5332 of title 5, United States Code, as adjusted by any locality-based comparability payment pursuant to section 5304 of such title for Federal employees stationed in the District of Columbia; or

“(C) the average annual change in the cost, per full-time equivalent position of the Food and Drug Administration, of all personnel compensation and benefits paid with respect to such positions, for the first 5 years of the most recent 6-year period ending on September 30 of the year for which such amount is being adjusted.

The adjustment made with respect to each fiscal year under this subsection shall be added on a compounded basis to the sum of all adjustments made for each such fiscal year after fiscal year 2020.

“(2) Workload adjustment.--Beginning with fiscal year 2020, after the amount provided for in subsection (b)(1)(K) is adjusted for a fiscal year in accordance with paragraph (1), the fee revenues shall be further adjusted for such fiscal year to account for changes in the workload of the Secretary in carrying out the responsibilities provided for under this chapter. With respect to such adjustment, the following shall apply:

“(A) The adjustment shall be determined by the Secretary based on a weighted average of the change in the total number of applications under sections 910 and 911 during the previous 12-month period. The Secretary shall publish in the Federal Register the fee revenues and fees resulting from the adjustment and the supporting methodologies.

“(B) Under no circumstances shall the adjustment result in fee revenues for a fiscal year that are less than the fee revenues for fiscal year 2019 (as established under subsection (b)(1)(K)), as adjusted under paragraph (1).”.