Title 21, Food and DrugsRelease 119-110

§379j–22 Reauthorization; Reporting Requirements

Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER VII — GENERAL AUTHORITY › Part C — Fees › subpart 5 — fees relating to generic new animal drugs › § 379j–22

Last updated Sep 23, 2026|Official source

Summary

The Secretary must send two reports to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce within 120 days after the end of each fiscal year when fees are collected, starting with fiscal year 2024. One report must explain FDA’s progress on the goals in the 2023 Animal Generic Drug User Fee letters for speeding up development and review of generic new animal drugs and related submissions. The other must show how the fee authority was used and how the FDA spent the fees that year. Both reports must be posted on the FDA website. For reauthorization and planning for the first five fiscal years after fiscal year 2028, the Secretary must talk with the two congressional committees, experts, veterinarians, patient and consumer groups, and industry. Before negotiating with industry, the Secretary must ask for public input in the Federal Register, hold a public meeting, give 30 days for written comments, and post those comments on the FDA website. During negotiations, the Secretary must meet with veterinary, patient, and consumer groups at least once every four months. After negotiations, the Secretary must give revised recommendations to Congress, publish them in the Federal Register, allow 30 days for public comment, hold a public meeting, revise the recommendations as needed, and send the final recommendations plus a summary of public views and changes to Congress by January 15, 2028. The Secretary must also post minutes of all negotiation meetings on the FDA website that summarize major proposals, disagreements, and how they were resolved.

Full Legal Text

Title 21, §379j–22

Food and Drugs, Source: USLM XML via OLRC

(a)Performance reports
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 201(b) of the Animal Generic Drug User Fee Amendments of 2023 toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs during such fiscal year.
(b)Fiscal report
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)Public availability
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)Reauthorization
(1)Consultation
In developing recommendations to present to Congress with respect to the goals, and plans for meeting the goals, for the process for the review of abbreviated applications for generic new animal drugs 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 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)veterinary professionals;
(E)representatives of patient and consumer advocacy groups; and
(F)the regulated industry.
(2)Prior public input
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)Periodic consultation
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)Public review of recommendations
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)Transmittal of recommendations
Not later than January 15, 2028, the Secretary shall transmit to Congress the revised recommendations under paragraph (4), 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)Minutes of negotiation meetings
(A)Public availability
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)Content
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 2316(b) of Pub. L. 118–15, see Termination Date note below.

Editorial Notes

References in Text

section 201(b) of the Animal Generic Drug User Fee

Amendments

of 2023, referred to in subsec. (a), probably should be a reference to section 2311(b) of the Animal Generic Drug User Fee

Amendments

of 2023, chapter 2 of subtitle A of title III of div. B of Pub. L. 118–15, which is set out as a note under section 379j–21 of this title. The Animal Generic Drug User Fee

Amendments

of 2023 does not contain a section 201(b).

Prior Provisions

A prior section 742 of act June 25, 1938, was renumbered section 746 and is classified to section 379l of this title.

Amendments

2023—Subsec. (a). Pub. L. 118–15, § 2313(1), (2), substituted “2024” for “2019” and “2023” for “2018”. Subsec. (b). Pub. L. 118–15, § 2313(2), substituted “2024” for “2019”. Subsec. (d)(1), (5). Pub. L. 118–15, § 2313(3), substituted “2028” for “2023”. 2018—Subsec. (a). Pub. L. 115–234, § 203(1), (3), substituted “2019” for “2014” and “2018” for “2013”. Subsec. (b). Pub. L. 115–234, § 203(2), (3), substituted “2019” for “2014” and “to the Committee on Health, Education, Labor and Pensions” for “to Committee on Health, Education, Labor, and Pensions”. Subsec. (d)(1), (5). Pub. L. 115–234, § 203(4), 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 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21 et seq.), as amended, to be assessed for abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug received on or after Oct. 1, 2023, see section 2315 of Pub. L. 118–15, set out as a note under section 379j–21 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–234 effective on Oct. 1, 2018, and fees under part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21 et seq.), as amended, to be assessed for abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug received on or after Oct. 1, 2018, see section 205 of Pub. L. 115–234, set out as a note under section 379j–21 of this title.

Effective Date

of 2013 AmendmentAmendment by Pub. L. 113–14 effective Oct. 1, 2013, see section 205 of Pub. L. 113–14, set out as a note under section 379j–21 of this title. Termination Date Pub. L. 118–15, div. B, title III, § 2316(b), Sept. 30, 2023, 137 Stat. 94, provided that: “section 742 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–22) shall cease to be effective
January 31, 2029.” Pub. L. 115–234, title II, § 206(b), Aug. 14, 2018, 132 Stat. 2435, which provided that section 742 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–22) would cease to be effective Jan. 31, 2024, was repealed by Pub. L. 118–15, div. B, title III, § 2316(c), Sept. 30, 2023, 137 Stat. 94, effective Oct. 1, 2023. Pub. L. 113–14, title II, § 206(b),
June 13, 2013, 127 Stat. 474, which provided that section 742 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–22) would cease to be effective Jan. 31, 2019, was repealed by Pub. L. 115–234, title II, § 206(c), Aug. 14, 2018, 132 Stat. 2435, effective Oct. 1, 2018. Pub. L. 110–316, title II, § 204(b), Aug. 14, 2008, 122 Stat. 3524, which provided that the amendment made by section 203 of Pub. L. 110–316 (enacting this section) would cease to be effective Jan. 31, 2014, was repealed by Pub. L. 113–14, title II, § 206(c)(1),
June 13, 2013, 127 Stat. 474.

Reference

Citations & Metadata

Citation

21 U.S.C. § 379j–22

Title 21, Food and Drugs

Last Updated

Sep 23, 2026

Release point: 119-110