who pays for the fda: the budget, the user fees, and the share that comes from drug companies
the agency that decides whether a psychiatric drug can be sold is paid, in part, by the companies that want to sell it. that sentence is true, and it is also incomplete. this page is the complete version: how much, from whom, spent on what, since when, and what the record says and does not say about what the money buys.
five sources, all of them government documents: the fda's own fy2026 operating plan, which lists every budget line and every fee act that funds it; the congressional research service's fact sheet, updated june 2026; the hhs planning office's 2023 brief on user fees; the commissioner's senate testimony on the fy2026 request; and the agency's budget index. every number below is one of theirs, or our addition of theirs, and says which.
two kinds of money
the fda runs on budget authority, the money congress appropriates each year, and user fees, which the industries it regulates pay under laws congress reauthorizes every five years. the hhs brief describes the split plainly: budget appropriations “are borne by the public more broadly through taxes, while user fees are directly supported by sponsors of medical product applications through reduced profit margins and indirectly borne by consumers to the extent that fees are passed through to consumers through increased prices”[3].
in the fy2026 operating plan the totals are these, in millions of dollars[1]:
| fy2026, $ millions | appropriated | user fees | total | fee share |
|---|---|---|---|---|
| whole agency | 3,426 | 3,630 | 7,056 | 51% |
| human drugs | 685 | 1,813 | 2,498 | 73% |
| biologics | 259 | 342 | 601 | 57% |
| medical devices | 455 | 459 | 914 | 50% |
| human foods | 1,171 | 13 | 1,185 | 1% |
| animal drugs and feeds | 218 | 61 | 279 | 22% |
| tobacco products | 0 | 688 | 688 | 100% |
| toxicological research | 72 | 0 | 72 |
fees are 51 percent of the agency. fy2026 is the first year that number passed fifty; the year before, the plan's fy2025 final column has $3,440 million in fees against $3,576 million appropriated[1]. the crs series, which includes a small mandatory color-certification fee the operating plan leaves out, puts the fy2026 total at $7.069 billion and the fee share at 51.5 percent[2].
what drug companies pay
not every fee comes from a drug company. tobacco manufacturers fund the tobacco center entirely, device makers fund half of theirs, and there are small animal-drug, food and export fees. the operating plan lists each fee act under every program it funds, so the drug industry's share can be added up[1]. this addition is ours, in millions of dollars, fy2026:
| fee act | who pays | fy2026, $ millions |
|---|---|---|
| prescription drug user fee act (pdufa) | brand drug and biologic sponsors | 1,556 |
| generic drug user fee act (gdufa) | generic makers and their facilities | 671 |
| biosimilar user fee act (bsufa) | biosimilar sponsors | 56 |
| over-the-counter monograph fees (omufa) | otc drug makers | 38 |
| priority review vouchers | sponsors | 13 |
| drug industry, total | 2,333 | |
| tobacco (family smoking prevention and tobacco control act) | tobacco manufacturers | 712 |
| medical device user fee act (mdufa) | device makers | 478 |
| animal drug fees (adufa, agdufa) | animal drug makers | 63 |
drug, generic, biosimilar and otc makers together pay about $2.3 billion: a third of the whole agency and 64 percent of all user fees[1]. pdufa alone, spread across the human drugs and biologics centers, their field staff, agency-wide activities and rent, is about $1.56 billion[1]; the crs puts the fy2027 pdufa request at $1.64 billion, the largest single fee program, ahead of tobacco at $712 million and generics at $704 million[2].
how it got this way
in fy1992 the fda's budget was “just under $1 billion” and all of it was appropriated[3]. review of a new drug application then took 29 months on average, and the hhs brief records why the fees came: “In response, industry, with support from patient advocates, agreed to pay user fees beginning in 1992 to supplement the FDA budget in exchange for agreements to reduce review times”[3]. the legal shape that made it permissible is in the same document: a “public health component” funded by appropriations and an “industry benefit” component funded by fees[3]. devices followed in 2002, animal drugs in 2003, tobacco in 2009, generics and biosimilars in 2012, otc drugs in 2020[2],[3].
the fee share has climbed almost every year since. the crs series, enacted totals unless marked[2]:
| fiscal year | total, $ billions | appropriated | user fees | fee share |
|---|---|---|---|---|
| 2021 | 6.050 | 3.285 | 2.766 | 45.7% |
| 2022 | 6.248 | 3.367 | 2.881 | 46.1% |
| 2023 | 6.722 | 3.593 | 3.129 | 46.5% |
| 2024 | 6.876 | 3.577 | 3.298 | 47.9% |
| 2025 | 7.029 | 3.577 | 3.451 | 49.1% |
| 2026 | 7.069 | 3.427 | 3.641 | 51.5% |
| 2027 request | 7.158 | 3.308 | 3.850 | 53.8% |
the crs states the trend in one sentence: “Between FY2021 and FY2026, FDA's enacted annual total program level increased from $6.050 billion to $7.069 billion”, with fee revenue up more than 39 percent and appropriations up 7 percent[2]. the fy2026 request itself asked for less tax money, not more: $6.8 billion in total, $3.2 billion appropriated and $3.6 billion in fees, an 11.5 percent cut to budget authority that the commissioner said would “enable the Agency to operate more efficiently, while addressing critical public health and safety priorities”[4]. congress appropriated more than the request; the fees came in as forecast[1],[4].
what the money can and cannot buy
the fees are not general revenue. the hhs brief: money from each fee program “has specific allowable and excluded costs in terms of what FDA is allowed to spend the funds on. Allowable costs are for activities that directly relate to the respective user fee program (e.g., application review, regulatory research to support the submission of high-quality applications and reduce time to approval, facility inspections, and post-market safety surveillance), while excluded costs are all FDA actions that are not specific to the user fee programs, such as agency infrastructure and other agency wide efforts”[3]. each reauthorization comes with negotiated performance goals, “such as completing reviews within a specified timeframe”, and the current medical-product fee laws run to september 30, 2027[3].
what the record supports is narrower and worth knowing on its own: the regulator's drug division is a fee-for-service operation whose customers are the applicants, whose service standards are review speed, and whose public funding has been shrinking as a share for thirty years[1],[2],[3]. the money that funds a review is not the money that funds the drug's marketing afterwards; that is on how pharma makes and spends money, and the money that reaches doctors, nonprofits and newsrooms is the rest of the follow-the-money shelf.
what to ask
these are questions, not advice. they cost nothing.
- was this drug approved on the standard review clock or a priority one, and what did the approval letter say the evidence was?[3]
- how long were the trials behind it, and how many people were in them? that is on how long psychiatric drugs were tested.
- what has the fda said about it since approval, and where is that written? the legal and safety records on this site are one place.
this is not medical advice. it is a summary of published research, it is not a diagnosis, and it is not a recommendation for or against any treatment — nobody here has met you. decisions about starting, changing or stopping a medication belong to you and a prescriber who knows your history. do not change a prescribed medication on the strength of a web page, this one included.
last verified . if a source is updated, corrected or retracted, this page gets changed and re-dated.
sources
primary sources only — no news write-ups, no secondary summaries. each was fetched and checked on the access date shown.
[1] US Food and Drug Administration. Food and Drug Administration Operating Plan for FY 2026 (Dollars in Millions). FDA (operating plan reflecting the state of the operating budget as of 11/12/2025), 2025.
the agency’s own line-item plan: FY2025 final and FY2026 final by program (foods, human drugs, biologics, animal drugs, devices, toxicological research, tobacco, other activities, rent), each split into budget authority and user fees, with every fee act listed under every program it funds · evidence tier: strong · funding: US government document · accessed September 16, 2026
the catch: the plan excludes the color certification fee (about $11 million, mandatory and sequestered), which is why its total is about $13 million below the CRS program-level figure for the same year. Program-level sums of one fee act across several lines on this page are our arithmetic on the plan’s numbers.
[2] Congressional Research Service. The Food and Drug Administration (FDA) Budget: Fact Sheet (R44576). Congressional Research Service, Library of Congress (updated June 10, 2026), 2026.
Congress’s nonpartisan reference on the FDA budget: total program level, budget authority and user fees FY2021 to FY2026 enacted and the FY2027 request; program budgets; each user fee program with its authorization dates and FY2027 collections · evidence tier: strong · funding: US government document · accessed September 16, 2026
the catch: congress.gov refused our direct fetch on the day of reading; the text was read from the EveryCRSReport mirror of the same June 2026 update. Figures were cross-checked against the FDA operating plan where the two overlap.
[3] Office of the Assistant Secretary for Planning and Evaluation, Office of Science and Data Policy. FDA User Fees: Examining Changes in Medical Product Development and Economic Benefits. US Department of Health and Human Services, ASPE Issue Brief, 2023.
HHS’s own primer and literature review on user fees: the 1992 origin, the FY2022 shares by center, fees as a share of drug revenue and of development cost, and what the published research does and does not show about fees and prices · evidence tier: strong · funding: US government document · accessed September 16, 2026
the catch: written by an HHS office in March 2023, so its figures are FY2022 and earlier; the review of research on fees and prices is a narrative summary, not a systematic review.
[4] Makary MA, Commissioner of Food and Drugs. A Review of the President’s Fiscal Year 2026 Budget Request for the Food and Drug Administration (Senate testimony). US Food and Drug Administration, congressional testimony, May 22, 2025, 2025.
the commissioner’s statement of the FY2026 request: $6.8 billion, $3.2 billion in budget authority and $3.6 billion in user fees, an 11.5 percent cut to budget authority · evidence tier: moderate · funding: US government document · accessed September 16, 2026
the catch: a request, not an enacted figure; the FY2026 operating plan (source 1) is what Congress actually funded, and its budget authority is higher than the request.
[5] US Food and Drug Administration. FDA Budgets (index of budget summaries and justifications, FY2024 to FY2027). fda.gov, About FDA, Reports, 2026.
the agency’s index page linking each year’s budget summary and the FY2027 Justification of Estimates for Appropriations Committees · evidence tier: moderate · funding: US government document · accessed September 16, 2026
the catch: an index, cited so a reader can reach the primary documents; it carries no figures itself.
questions
How is the FDA funded?
Two ways. Congress appropriates money every year (budget authority), and the industries the FDA regulates pay user fees that Congress authorizes in five-year cycles. In the FY2026 operating plan the agency’s total program level is $7.06 billion: $3.43 billion appropriated and $3.63 billion in user fees. That is the first year fees exceeded appropriations.
How much of the FDA is funded by pharmaceutical companies?
About a third of the whole agency. Adding every line of the FY2026 operating plan funded by the prescription drug (PDUFA), generic drug (GDUFA), biosimilar (BsUFA) and over-the-counter monograph (OMUFA) fee acts, plus priority review vouchers, gives about $2.33 billion, which is 33 percent of the $7.06 billion total and 64 percent of all user fees. The rest of the fees come from tobacco companies (about $712 million), device makers (about $478 million), animal drug makers and small food and export fees.
How much of the drug review center comes from fees?
In FY2026 the Human Drugs program is $2.50 billion, of which $685 million is appropriated and $1.81 billion is user fees: 73 percent. Biologics is 57 percent fees, medical devices 50 percent, human foods 1 percent, and tobacco 100 percent. HHS’s own brief put the human drugs share at 66 percent in FY2022, so it has risen.
Has it always been this way?
No. In FY1992, before the first user fee law, the FDA’s budget was just under $1 billion and all of it was appropriated. The Prescription Drug User Fee Act was passed that year. The Congressional Research Service’s series shows fees at 45.7 percent of the total in FY2021, 49.1 percent in FY2025, 51.5 percent in FY2026, and 53.8 percent in the FY2027 request. Between FY2021 and FY2026, fee revenue rose 39 percent while appropriations rose 7 percent.
Do user fees mean drug companies control the FDA?
The records on this page do not support that claim and it is not made here. What they show is the amount and the direction of the money. The fees are authorized by Congress, may be spent only on the review process and related activities, and were introduced in 1992 to shorten review times that averaged 29 months. HHS’s review found no published study linking user fees to high brand-drug prices, and estimated fees at 0.5 to 2 percent of the cost of developing a drug and 0.2 percent of prescription drug revenue.
related on veisund
- who funds the organizations that run mental health care: the two apas, the ama, samhsa and nimh
- how pharma makes and spends money
- where the money goes: national drug and health spending since 1960
- who wrote the phq-9, and who gets paid on your score
- what psychiatric medications are actually approved for
- how long psychiatric drugs were tested before approval
the people who can tell you what an approval meant in practice are the ones who took the drug
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