Title 21Food and DrugsRelease 119-73

§379j–13 Reauthorization; reporting requirements

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER VII— - GENERAL AUTHORITY › Part Part C— - Fees › Subpart subpart 4— - fees relating to animal drugs › § 379j–13

Last updated Apr 6, 2026|Official source

Summary

Starting in fiscal year 2024, not later than 120 days after the end of any year when fees are collected under this subpart, the Secretary must send two reports to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce. One report must describe FDA’s progress on the goals named in the letters in section 101(b) of the Animal Drug User Fee Amendments of 2023, including efforts to speed animal drug development and the review of new, supplemental, and investigational animal drug submissions, plans for meeting those goals, review times for abbreviated new animal drug applications, and the steps FDA has taken to keep those review times from increasing because of the user fee program. The second report must explain how the fee authority was used and how the collected fees were spent that year. Both reports must be posted on FDA’s website. For planning the review process and reauthorization for the first five fiscal years after fiscal year 2028, the Secretary must consult with the two Congressional committees, scientific and academic experts, veterinarians, patient and consumer advocates, and industry. Before starting negotiations with industry, the Secretary must publish a notice in the Federal Register asking for public input, hold a public meeting, allow 30 days after that meeting for written comments, and post those comments on FDA’s website. During negotiations, the Secretary must meet with veterinary, patient, and consumer groups at least once every four months. After negotiations, the Secretary must present recommendations to the same Congressional committees, publish them in the Federal Register, allow 30 days for public written comments, hold a public meeting for views, revise recommendations as needed, and send the revised recommendations and a summary of comments and changes to Congress by January 15, 2028. Before sending the recommendations to Congress, the Secretary must post on FDA’s website minutes of all negotiation meetings that summarize key proposals, major disagreements, and how those disagreements were resolved.

Full Legal Text

Title 21, §379j–13

Food and Drugs — Source: USLM XML via OLRC

(a)Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, 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 the progress of the Food and Drug Administration in achieving the goals identified in the letters described in section 101(b) 11 See References in Text note below. of the Animal Drug User Fee Amendments of 2023 toward expediting the animal drug development process and the review of the new and supplemental animal drug applications and investigational animal drug submissions during such fiscal year, the future plans of the Food and Drug Administration for meeting the goals, the review times for abbreviated new animal drug applications, and the administrative procedures adopted by the Food and Drug Administration to ensure that review times for abbreviated new animal drug applications are not increased from their current level due to activities under the user fee program.
(b)Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, 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 on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made.
(c)The Secretary shall make the reports required under subsections (a) and (b) available to the public on the Internet Web site of the Food and Drug Administration.
(d)(1)In developing recommendations to present to the Congress with respect to the goals, and plans for meeting the goals, for the process for the review of animal drug applications for the first 5 fiscal years after fiscal year 2028, and for the reauthorization of this subpart for such fiscal years, the Secretary shall consult with—
(A)the Committee on Health, Education, Labor, and Pensions of the Senate;
(B)the Committee on Energy and Commerce of the House of Representatives;
(C)scientific and academic experts;
(D)veterinary professionals;
(E)representatives of patient and consumer advocacy groups; and
(F)the regulated industry.
(2)Prior to beginning negotiations with the regulated 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)Not less frequently than once every 4 months during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of veterinary, patient, and consumer advocacy groups to continue discussions of their views on the reauthorization and their suggestions for changes to this subpart as expressed under paragraph (2).
(4)After negotiations with the regulated 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.
(5)Not later than January 15, 2028, the Secretary shall transmit to Congress the revised recommendations under paragraph (4) 22 So in original. Probably should be followed by a comma. a summary of the views and comments received under such paragraph, and any changes made to the recommendations in response to such views and comments.
(6)(A)Before presenting the recommendations developed under paragraphs (1) through (5) to Congress, the Secretary shall make publicly available, on the Internet Web site of the Food and Drug Administration, minutes of all negotiation meetings conducted under this subsection between the Food and Drug Administration and the regulated industry.
(B)The minutes described under subparagraph (A) shall summarize any substantive proposal made by any party to the negotiations as well as significant controversies or differences of opinion during the negotiations and their resolution.

Legislative History

Notes & Related Subsidiaries

Termination of SectionFor termination of section by section 2307(b) of Pub. L. 118–15, see Effective and Termination Dates note below.

Editorial Notes

References in Text

section 101(b) of the Animal Drug User Fee

Amendments

of 2023, referred to in subsec. (a), probably should be a reference to section 2301(b) of the Animal Drug User Fee

Amendments

of 2023, chapter 1 of subtitle A of title III of div. B of Pub. L. 118–15, which is set out as a note under section 379j–11 of this title. The Animal Drug User Fee

Amendments

of 2023 does not contain a section 101(b).

Amendments

2023—Subsec. (a). Pub. L. 118–15, § 2304(1), (2), substituted “2024” for “2019” and “2023” for “2018”. Subsec. (b). Pub. L. 118–15, § 2304(2), substituted “2024” for “2019”. Subsec. (d)(1), (5). Pub. L. 118–15, § 2304(3), substituted “2028” for “2023”. 2018—Subsec. (a). Pub. L. 115–234, § 104(1), (2), substituted “2019” for “2014” and “2018” for “2013”. Subsec. (b). Pub. L. 115–234, § 104(2), substituted “2019” for “2014”. Subsec. (d)(1), (5). Pub. L. 115–234, § 104(3), substituted “2023” for “2018”. 2013—Pub. L. 113–14 amended section generally. Prior to amendment, section related to reauthorization of this subpart and reporting requirements.

Statutory Notes and Related Subsidiaries

Effective Date

of 2023 AmendmentAmendment by Pub. L. 118–15 effective Oct. 1, 2023, and fees under part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–11 et seq.), as amended, to be assessed for animal drug applications and supplemental animal drug applications received on or after Oct. 1, 2023, see section 2306 of Pub. L. 118–15, set out as a note under section 379j–11 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–234 effective Oct. 1, 2018, and fees under part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–11 et seq.) to be assessed for animal drug applications and supplemental animal drug applications received on or after Oct. 1, 2018, see section 106 of Pub. L. 115–234, set out as a note under section 379j–11 of this title.

Effective Date

of 2013 AmendmentAmendment by Pub. L. 113–14 effective Oct. 1, 2013, see section 106 of Pub. L. 113–14, set out as a note under section 379j–11 of this title. Effective and Termination Dates Pub. L. 118–15, div. B, title III, § 2307(b), Sept. 30, 2023, 137 Stat. 89, provided that: “section 740A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–13) shall cease to be effective
January 31, 2029.” Pub. L. 115–234, title I, § 107(b), Aug. 14, 2018, 132 Stat. 2432, which provided that section 740A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–13) would cease to be effective Jan. 31, 2024, was repealed by Pub. L. 118–15, div. B, title III, § 2307(c), Sept. 30, 2023, 137 Stat. 89, effective Oct. 1, 2023. Pub. L. 113–14, title I, § 107(b),
June 13, 2013, 127 Stat. 464, which provided that section 740A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–13) would cease to be effective Jan. 31, 2019, was repealed by Pub. L. 115–234, title I, § 107(c), Aug. 14, 2018, 132 Stat. 2432, effective Oct. 1, 2018. Section effective Oct. 1, 2008, with fees under this subpart to be assessed for all animal drug applications and supplemental animal drug applications received on or after Oct. 1, 2008, see section 107 of Pub. L. 110–316, set out as an Effective and Termination Dates of 2008 Amendment note under section 379j–11 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 379j–13

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73