§399i — Title 21 Food and Drugs | U.S. Code

Summary

Creates a Working Capital Fund in the U.S. Treasury for the Food and Drug Administration to use without a fiscal year limit. The fund must pay salaries, travel, and other costs to run a supply service (buying and managing supplies, equipment, and blank forms) and other central services the FDA Commissioner, after review by the HHS Secretary, decides are more efficient to do centrally. The fund is repaid from available discretionary resources when services are provided or in advance. Rates must cover estimated or actual costs for staff, materials, equipment, information technology, and related maintenance, repair, and depreciation. Up to $5,000,000 of discretionary funds appropriated for fiscal year 2018 for “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses,” available as of September 30, may be moved into the fund even if other rules would normally prevent it. Money labeled by Congress as an emergency under a concurrent budget resolution or the Balanced Budget and Emergency Deficit Control Act of 1985 cannot be transferred.

Title 21, §399i

Food and Drugs — Source: USLM XML via OLRC

(a)There is hereby established in the Treasury of the United States a Working Capital Fund (the Fund) to be administered by the Food and Drug Administration (FDA), without fiscal year limitation, for the payment of salaries, travel, and other expenses necessary to the maintenance and operation of (1) a supply service for the purchase, storage, handling, issuance, packing, or shipping of stationery, supplies, materials, equipment, and blank forms, for which stocks may be maintained to meet, in whole or in part, the needs of the FDA and requisitions of other Government Offices, and (2) such other services as the Commissioner of the FDA, subject to review by the Secretary of Health and Human Services, determines may be performed more advantageously as central services. The Fund shall be reimbursed from applicable discretionary resources, notwithstanding any otherwise applicable purpose limitations, available when services are performed or stock furnished, or in advance, on a basis of rates which shall include estimated or actual charges for personal services, materials, equipment, information technology, and other expenses. Charges for equipment and information technology shall include costs associated with maintenance, repair, and depreciation (including improvement and replacement).

(b)Of any discretionary resources appropriated in this Act for fiscal year 2018 for “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses”, not to exceed $5,000,000 of amounts available as of September 30 may be transferred to and merged with the Fund established under subsection (a), notwithstanding any otherwise applicable purpose limitations.

(c)No amounts may be transferred pursuant to this section that are designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (b), is div. A of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 351, known as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018. For complete classification of this Act to the Code, see Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended section 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see

Short Title

note set out under section 900 of Title 2 and Tables. Codification Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

§399i Food and Drug Administration Working Capital Fund