H.R.3944 - Military Construction and Veterans Affairs, Agriculture, and Legislative Branch Appropriations Act, 2026 119th Congress (2025-2026) Section Summary:

Department Of Health And Human Services food and drug administration salaries and expenses (including transfers of funds) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $7,015,038,000: Provided, That of the amount provided under this heading, $1,543,226,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $445,808,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $665,438,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42, and shall be credited to this account and remain available until expended; $55,731,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52, and shall be credited to this account and remain available until expended; $34,142,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12, and shall be credited to this account and remain available until expended; $26,503,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j–21, and shall be credited to this account and remain available until expended; $712,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2026 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2026, including any such fees collected prior to fiscal year 2026 but credited for fiscal year 2026, shall be subject to the fiscal year 2026 limitations: Provided further, That the Secretary may accept payment during fiscal year 2026 of user fees specified under this heading and authorized for fiscal year 2027, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2027 for which the Secretary accepts payment in fiscal year 2026 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,171,319,000 shall be for the Human Foods Program and for related field activities, including inspections, investigations, and import operations, conducted by the Human Foods Program, the Office of Inspections and Investigations, or the Office of the Chief Scientist, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,497,463,000 shall be for the Center for Drug Evaluation and Research and for related field activities, including inspections, investigations, and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of the Chief Scientist, of which no less than $10,000,000 shall be for pilots to increase unannounced foreign inspections and shall remain available until expended; (3) $625,756,000 shall be for the Center for Biologics Evaluation and Research and for related field activities, including inspections, investigations, and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of the Chief Scientist; (4) $286,442,000 shall be for the Center for Veterinary Medicine and for related field activities, including inspections, investigations, and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of the Chief Scientist; (5) $863,358,000 shall be for the Center for Devices and Radiological Health and for related field activities, including inspections, investigations, and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of the Chief Scientist; (6) $77,740,000 shall be for the National Center for Toxicological Research; (7) $689,258,000 shall be for the Center for Tobacco Products and for related field activities, including inspections, investigations, and import operations, conducted by the Center, the Office of Inspections and Investigations, or the Office of the Chief Scientist; (8) $434,455,000 shall be for Rent and Related activities, of which $55,112,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $219,639,000 shall be for payments to the General Services Administration for rent; and (10) $369,267,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of the Chief Scientist, the Office of the Chief Medical Officer, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to, and for the administration of, section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this heading for other activities and shall not exceed $2,000,000: Provided further, That of the amounts that are made available under this heading for “other activities”, and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for “Department of Health and Human Services—Office of Inspector General” for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31, outsourcing facility fees authorized by 21 U.S.C. 379j–62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited to this account, to remain available until expended. buildings and facilities For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $5,000,000, to remain available until expended. INDEPENDENT AGENCY