View all text of Subpart 7 [§ 379j-41 - § 379j-43]
§ 379j–43. Reauthorization; reporting requirements
(a) Performance report
(1) General requirements
(2) Real time reporting
(A) In general
(B) DataThe Secretary shall post the following data in accordance with subparagraph (A):
(i) The number and titles of draft and final guidance on topics related to human generic drug activities and whether such guidances were issued as required by statute or pursuant to a commitment under the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022.
(ii) The number and titles of public meetings held on topics related to human generic drug activities and whether such meetings were required by statute or pursuant to a commitment under the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022.
(3) Rationale for GDUFA program changesThe Secretary shall include in the annual report under paragraph (1)—
(A) data, analysis, and discussion of the changes in the number of individuals hired as agreed upon in the letters described in section 3001(b) of the Generic Drug User Fee Amendments of 2022 and the number of remaining vacancies, the number of full-time equivalents funded by fees collected pursuant to section 379j–42 of this title, and the number of full time equivalents funded by budget authority at the Food and Drug Administration by each division within the Center for Drug Evaluation and Research, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner;
(B) data, analysis, and discussion of the changes in the fee revenue amounts and costs for human generic drug activities, including—
(i) identifying drivers of such changes; and
(ii) changes in the total average cost per full-time equivalent in the generic drug review program;
(C) for each of the Center for Drug Evaluation and Research, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner, the number of employees for whom time reporting is required and the number of employees for whom time reporting is not required; and
(D) data, analysis, and discussion of the changes in the average full-time equivalent hours required to complete review of each type of abbreviated new drug application.
(4) AnalysisFor each fiscal year, the Secretary shall include in the report an analysis of the following:
(A) The difference between the aggregate number of abbreviated new drug applications filed and the aggregate number of approvals or aggregate number of complete response letters issued by the agency, accounting for—
(i) such applications filed during one fiscal year for which a decision is not scheduled to be made until the following fiscal year; and
(ii) the aggregate number of applications for each fiscal year that did not meet the goals identified by the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022 for the applicable fiscal year.
(B) Relevant data to determine whether the Food and Drug Administration has met the performance enhancement goals identified by the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022 for the applicable fiscal year.
(C) The most common causes and trends for external or other circumstances that affected the ability of the Secretary to meet review time and performance enhancement goals identified by the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022.
(b) Fiscal report
(c) Corrective action reportFor each fiscal year for which fees are collected under this subpart, the Secretary shall prepare and submit a corrective action report to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. The report shall include the following information, as applicable:
(1) Goals met
(2) Goals missedFor each of the goals identified by the letters described in section 301(b) 1 of the Generic Drug User Fee Amendments of 2022 for the applicable fiscal year that the Secretary determines to not have been met, the corrective action report shall include—
(A) a detailed justification for such determination and a description, as applicable, of the types of circumstances and trends under which abbreviated new drug applications missed the review goal times but were approved during the first cycle review, or review goals were missed; and
(B) with respect to performance enhancement goals that were not achieved, a detailed description of efforts the Food and Drug Administration has put in place for the fiscal year in which the report is submitted to improve the ability of such agency to meet each such goal for the such 2
2 So in original.
fiscal year.(d) Enhanced communication
(1) Communications with Congress
(2) Participation in congressional hearing
(e) Public availability
(f) Reauthorization
(1) ConsultationIn developing recommendations to present to the Congress with respect to the goals, and plans for meeting the goals, for human generic drug activities for the first 5 fiscal years after fiscal year 2027, and for the reauthorization of this subpart for such fiscal years, the Secretary shall consult with—
(A) the Committee on Energy and Commerce of the House of Representatives;
(B) the Committee on Health, Education, Labor, and Pensions of the Senate;
(C) scientific and academic experts;
(D) health care professionals;
(E) representatives of patient and consumer advocacy groups; and
(F) the generic drug industry.
(2) Prior public inputPrior to beginning negotiations with the generic drug industry on the reauthorization of this subpart, the Secretary shall—
(A) publish a notice in the Federal Register requesting public input on the reauthorization;
(B) hold a public meeting at which the public may present its views on the reauthorization, including specific suggestions for changes to the goals referred to in subsection (a);
(C) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to this subpart; and
(D) publish the comments on the Food and Drug Administration’s Internet Web site.
(3) Periodic consultation
(4) Updates to Congress
(5) Public review of recommendationsAfter negotiations with the generic drug industry, the Secretary shall—
(A) present the recommendations developed under paragraph (1) to the congressional committees specified in such paragraph;
(B) publish such recommendations in the Federal Register;
(C) provide for a period of 30 days for the public to provide written comments on such recommendations;
(D) hold a meeting at which the public may present its views on such recommendations; and
(E) after consideration of such public views and comments, revise such recommendations as necessary.
(6) Transmittal of recommendations
(7) Minutes of negotiation meetings
(A) Public availability
(B) Content
(June 25, 1938, ch. 675, § 744C, as added Pub. L. 112–144, title III, § 303, July 9, 2012, 126 Stat. 1022; amended Pub. L. 115–52, title III, § 304, title IX, §§ 903(c), 904(c), Aug. 18, 2017, 131 Stat. 1027, 1080, 1085; Pub. L. 117–180, div. F, title III, § 3003, Sept. 30, 2022, 136 Stat. 2158; Pub. L. 117–328, div. FF, title III, § 3626(c), Dec. 29, 2022, 136 Stat. 5885.)