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21 U.S.C. § 379d–4Reporting requirements

submitted 88 years ago by Pub. L. 112-144 to r/title-21-FOOD-AND-DRUGS · 473 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FDA must file yearly reports on generic drug and biosimilar applications. From 2013 to 2017, it reports generic drug review times and backlogs to Congress. Starting in 2014, it also reports how many biosimilar applications were filed and approved.

(a) From fiscal year 2013 through fiscal year 2017, the Secretary must file a yearly report. It's due within 120 days after each fiscal year ends. The report goes to two committees: the Senate Committee on Health, Education, Labor, and Pensions, and the House Committee on Energy and Commerce. It covers generic drug applications filed under section 355(j), plus amendments and prior-approval supplements filed that year. The report must include four things. First, how many applications met the review-time goals from the Secretary's letters, as published in the Congressional Record. Second, the average total time it took the Secretary to decide on these applications — including both the days FDA spent reviewing and the days the drug company spent responding to a complete response letter. Third, the total number of these applications that had been pending for more than 10 months as of July 9, 2012. Fourth, how many of those pending applications got a final decision from the FDA during the previous fiscal year. (b) Biosimilar biological products. First, starting with fiscal year 2014, within 120 days after each fiscal year ends, the Secretary must send the same two committees a report on biosimilar products. It must state how many applications for approval were filed under section 262(k) of title 42, and what percentage of them the Secretary approved. Second, the Secretary must also explain how the FDA manages the biosimilar review program. This explanation must show that fees collected under subpart 2 are not being used to pay for reviewing applications under section 262(k).
the actual law source: uscode.house.gov ↗public domain
(a) Generic drugs

Beginning with fiscal year 2013 and ending after fiscal year 2017, not later than 120 days after the end of each fiscal year for which fees are collected under subpart 7 of part C, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning, for all applications for approval of a generic drug under section 355(j) of this title, amendments to such applications, and prior approval supplements with respect to such applications filed in the previous fiscal year—

(1)

the number of such applications that met the goals identified for purposes of subpart 7 of part C, in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record;

(2)

the average total time to decision by the Secretary for applications for approval of a generic drug under section 355(j) of this title, amendments to such applications, and prior approval supplements with respect to such applications filed in the previous fiscal year, including the number of calendar days spent during the review by the Food and Drug Administration and the number of calendar days spent by the sponsor responding to a complete response letter;

(3)

the total number of applications under section 355(j) of this title, amendments to such applications, and prior approval supplements with respect to such applications that were pending with the Secretary for more than 10 months on July 9, 2012; and

(4)

the number of applications described in paragraph (3) on which the Food and Drug Administration took final regulatory action in the previous fiscal year.

(b) Biosimilar biological products
(1) In general

Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year for which fees are collected under subpart 8 of part C, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning—

(A)

the number of applications for approval filed under section 262(k) of title 42; and

(B)

the percentage of applications described in subparagraph (A) that were approved by the Secretary.

(2) Additional information

As part of the performance report described in paragraph (1), the Secretary shall include an explanation of how the Food and Drug Administration is managing the biological product review program to ensure that the user fees collected under subpart 2 1 are not used to review an application under section 262(k) of title 42.

Source credit: (June 25, 1938, ch. 675, § 715, as added and amended Pub. L. 112–144, title III, § 308, title IV, § 408, July 9, 2012, 126 Stat. 1025, 1039.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 112-144 · 126 Stat. 1025, 1039

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-144 on 1938-06-25.

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