Increase the base outsourcing facility user fee to a level set by HHS to support timely and regular inspections.
I will increase the base outsourcing facility user fee to a level set by HHS to support timely and regular FDA inspections.
Occurrences
striking '$15,000' and inserting 'a base amount deemed appropriate by the Secretary to fund activities to ensure the safety of compounded drug products'
Evidence
unverified · Source version 16559 · locator unknown
Section 5 amends 21 U.S.C. 379j-62(c)(1)(A)(i) by striking "$15,000" and inserting "a base amount deemed appropriate by the Secretary to fund activities to ensure the safety of compounded drug products." Section 4 also requires pre-compounding inspections and at least biennial reinspections for large-scale outsourcing facilities.
unverified · Source version 769 · locator unknown
The Senate office’s legislation page still lists S.3794 with the latest action as "Read twice and referred to the Committee on Health, Education, Labor, and Pensions."
unverified · Source version 61960 · locator unknown
Last Action Date Listed July 27, 2026 Actions Mr. Banks (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions, Reported by Mr. Cassidy, with an amendment Bill Number S. 3794 Bill Version Reported in Senate (RS)
unverified · Source version 61957 · locator unknown
<DELETED>SEC. 5. BASE ESTABLISHMENT FEE.</DELETED> <DELETED> Section 744K(c)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-62(c)(1)(A)(i)) is amended by striking ``$15,000'' and inserting ``a base amount deemed appropriate by the Secretary to fund activities to ensure the safety of compounded drug products''.</DELETED>
unverified · Source version 73917 · locator unknown
08-04-2026 | S.3794 | SAFE Drugs Act of 2026 Latest Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 524.
unverified · Source version 73919 · locator unknown
Under section 744K(c) of the FD&C Act, the amount of the establishment fee for a non-small business is equal to $15,000 multiplied by the inflation adjustment factor for that fiscal year, plus the small business adjustment factor for that fiscal year
unverified · Source version 86282 · locator unknown
524 S. 3794 A bill to amend the July 27, 2026.--Senator Cassidy, Committee on Health, Education, Labor, and Pensions, with an amendment in the nature of a substitute. (No written report.)
verified · Source version 86290 · locator 5957
The annual establishment fee is equal to the sum of $15,000, multiplied by the inflation adjustment factor, plus the small business adjustment factor. The fee calculation is reflected in the following equation: Establishment fee = $15,000 x inflation adjustment factor + small business adjustment factor.
verified · Source version 86290 · locator 1892
FY 2027 registration period for outsourcing facilities starts October 1, 2026, and ends December 31, 2026.
Assessments
Banks materially advanced legislation that would raise the outsourcing facility user fee to an HHS-set level and support regular FDA inspections, matching the promised mechanism. However, the bill has only been introduced and referred to committee, with no evidence that the fee increase was enacted or implemented. Because this was a serious legislative attempt but did not deliver the promised policy outcome, the correct rating is never with an effort badge.