Title 21Food and DrugsRelease 119-73

§379d–4 Reporting requirements

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER VII— - GENERAL AUTHORITY › Part Part A— - General Administrative Provisions › § 379d–4

Last updated Apr 6, 2026|Official source

Summary

Require the Secretary of Health and Human Services to send yearly reports to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce. From fiscal year 2013 through fiscal year 2017, the Secretary must, within 120 days after the end of each fiscal year when fees are collected under subpart 7 of part C, report about all applications for approval of generic drugs under section 355(j), related amendments, and prior-approval supplements filed in the prior fiscal year. The report must say how many met the goals set in the Secretary’s letters recorded in the Congressional Record, the average total time to decision (including FDA review days and days the sponsor spent answering a complete response letter), how many were pending more than 10 months as of July 9, 2012, and how many of those had final regulatory action in the prior year. Starting with fiscal year 2014, the Secretary must, within 120 days after each fiscal year when fees are collected under subpart 8 of part C, report to the same committees the number of applications filed under section 262(k) of title 42 and the percentage approved. The report must also explain how the FDA runs the biological product review program so that user fees collected under subpart 2 of part C are not used to review a section 262(k) application.

Full Legal Text

Title 21, §379d–4

Food and Drugs — Source: USLM XML via OLRC

(a)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)(1)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)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 11 So in original. Probably means subpart 2 of part C. are not used to review an application under section 262(k) of title 42.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–144, § 408, added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by section 408 of Pub. L. 112–144 effective Oct. 1, 2012, see section 405 of Pub. L. 112–144, set out as an Effective and Termination Dates note under section 379j–51 of this title.

Effective Date

Section effective Oct. 1, 2012, see section 305 of Pub. L. 112–144, set out as an Effective and Termination Dates note under section 379j–41 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 379d–4

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73