(1) In generalNot later than 1 year after December 29, 2022, the Secretary shall establish an intra-agency coordinating council (referred to in this subsection as the “Council”) within the Food and Drug Administration to ensure the consistent and appropriate use of accelerated approval across the Food and Drug Administration, pursuant to section 356(c) of this title.
(2) MembershipThe members of the Council shall consist of the following senior officials, or a designee of such official, from the Food and Drug Administration and relevant Centers:(A) The Director of the Center for Drug Evaluation and Research.
(B) The Director of the Center for Biologics Evaluation and Research.
(C) The Director of the Oncology Center of Excellence.
(D) The Director of the Office of New Drugs.
(E) The Director of the Office of Orphan Products Development.
(F) The Director of the Office of Tissues and Advanced Therapies.
(G) The Director of the Office of Medical Policy.
(H) At least 3 directors of review divisions or offices overseeing products approved under accelerated approval, including at least one director within the Office of Neuroscience.
(3) Duties of the Council(A) MeetingsThe Council shall convene not fewer than 3 times per calendar year to discuss issues related to accelerated approval, including any relevant cross-disciplinary approaches related to product review with respect to accelerated approval.
(B) Policy developmentThe Council shall directly engage with product review teams to support the consistent and appropriate use of accelerated approval across the Food and Drug Administration. Such engagement may include—(i) developing guidance for Food and Drug Administration staff and best practices for, and across, product review teams, including with respect to communication between sponsors and the Food and Drug Administration and the review of products under accelerated approval;
(ii) providing training for product review teams; and
(iii) advising review divisions on best practices with respect to product-specific development, review, and withdrawal of products under accelerated approval.
(4) Publication of a reportNot later than 1 year after December 29, 2022, and annually thereafter, the Council shall publish on the public website of the Food and Drug Administration a report on the activities of the Council.
Structure US Code
CHAPTER 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER V— DRUGS AND DEVICES
§ 351. Adulterated drugs and devices
§ 352. Misbranded drugs and devices
§ 353. Exemptions and consideration for certain drugs, devices, and biological products
§ 353a–1. Enhanced communication
§ 353b. Outsourcing facilities
§ 353c. Prereview of television advertisements
§ 353d. Process to update labeling for certain generic drugs
§ 354. Veterinary feed directive drugs
§ 355–1. Risk evaluation and mitigation strategies
§ 355–2. Actions for delays of generic drugs and biosimilar biological products
§ 355a. Pediatric studies of drugs
§ 355b. Adverse-event reporting
§ 355c. Research into pediatric uses for drugs and biological products
§ 355e. Pharmaceutical security
§ 355f. Extension of exclusivity period for new qualified infectious disease products
§ 355g. Utilizing real world evidence
§ 356. Expedited approval of drugs for serious or life-threatening diseases or conditions
§ 356–1. Accelerated approval of priority countermeasures
§ 356–2. Accelerated approval Council
§ 356b. Reports of postmarketing studies
§ 356c. Discontinuance or interruption in the production of life-saving drugs
§ 356c–1. Annual reporting on drug shortages
§ 356d. Coordination; task force and strategic plan
§ 356f. Hospital repackaging of drugs in shortage
§ 356g. Standards for regenerative medicine and regenerative advanced therapies
§ 356h. Competitive generic therapies
§ 356i. Prompt reports of marketing status
§ 356j. Discontinuance or interruption in the production of medical devices
§ 356l. Advanced manufacturing technologies designation program
§ 357. Qualification of drug development tools
§ 358. Authority to designate official names
§ 359. Nonapplicability of subchapter to cosmetics
§ 360. Registration of producers of drugs or devices
§ 360a. Clinical trial guidance for antibiotic drugs
§ 360a–2. Susceptibility test interpretive criteria for microorganisms
§ 360b–1. Priority zoonotic animal drugs
§ 360c. Classification of devices intended for human use
§ 360e–1. Pediatric uses of devices
§ 360e–3. Breakthrough devices
§ 360e–4. Predetermined change control plans for devices
§ 360g–1. Agency documentation and review of significant decisions regarding devices
§ 360g–2. Third party data transparency
§ 360h. Notification and other remedies
§ 360h–1. Program to improve the device recall system
§ 360i. Records and reports on devices
§ 360j. General provisions respecting control of devices intended for human use
§ 360k. State and local requirements respecting devices
§ 360l. Postmarket surveillance
§ 360n. Priority review to encourage treatments for tropical diseases
§ 360n–1. Priority review for qualified infectious disease products