Sec. 203. Direct hiring authority to support activities related to cosmetics
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Part 10 of subchapter C of chapter VII, as added by section 202, is amended by inserting after section 744M the following: The Secretary shall have direct hiring authority with respect to the appointment of employees into the competitive service or the excepted service to administer the Cosmetic Safety Enhancement Act of 2019 and the amendments made thereby. Beginning with fiscal year 2021, and not later than 120 calendar days after the end of each fiscal year thereafter for which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report concerning the progress of the Food and Drug Administration on cosmetic safety activities during such fiscal year, including the future plans of the Food and Drug Administration for such activities.
Not later than 120 calendar days after the end of fiscal year 2021 and each subsequent fiscal year for which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected for such fiscal year.
The Secretary shall make the reports required under subsections
(a)and
(b)available to the public on the internet website of the Food and Drug Administration. In developing recommendations to present to the Congress with respect to performance goals developed by the Food and Drug Administration, and plans for meeting the goals, for cosmetic safety activities for the first 5 fiscal years after fiscal year 2027, and for the reauthorization of this part for such fiscal years, the Secretary shall consult with— the Committee on Energy and Commerce of the House of Representatives; the Committee on Health, Education, Labor, and Pensions of the Senate; scientific and academic experts; health care professionals; representatives of public health and consumer advocacy groups; and the regulated industry. After negotiations with the regulated industry, the Secretary shall— present the recommendations developed under paragraph
(1)to the congressional committees specified in such paragraph; publish such recommendations in the Federal Register; provide for a period of 30 calendar days for the public to provide written comments on such recommendations; hold a meeting at which the public may present its views on such recommendations; and after consideration of such public views and comments, revise such recommendations as necessary. Not later than January 15, 2026, the Secretary shall transmit to the Congress the revised recommendations under paragraph (2), a summary of the views and comments received under such paragraph, and any changes made to the recommendations in response to such views and comments. .