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Section 406(b): Communicating with Our Stakeholders

July 23, 1998

SEC. 406.  FOOD AND DRUG ADMINISTRATION MISSION AND ANNUAL REPORT.

        (a) . . .

        (b) Annual Report.--Section 903 (21 U.S.C. 393), as amended by subsection (a), is further amended by adding at the end the following:

"(f) Agency Plan for Statutory Compliance.--

         "(1) In general.--Not later than 1 year after the date of enactment of the Food and Drug Administration Modernization Act of 1997, the Secretary, after consultation with appropriate scientific and academic experts, health care professionals, representatives of patient and consumer advocacy groups, and the regulated industry, shall develop and publish in the Federal Register a plan bringing the Secretary into compliance with each of the obligations of the Secretary under this Act. The Secretary shall review the plan biannually and shall revise the plan as necessary, in consultation with such persons.

        "(2) Objectives of agency plan.--The plan required by paragraph (1) shall establish objectives and mechanisms to achieve such objectives, including objectives related to--

"(A) maximizing the availability and clarity of information about the process for review of applications and submissions (including petitions, notifications, and any other similar forms of request) made under this Act;
"(B) maximizing the availability and clarity of information for consumers and patients concerning new products;
"(C) implementing inspection and postmarket monitoring provisions of this Act;
"(D) ensuring access to the scientific and technical expertise needed by the Secretary to meet obligations described in paragraph (1);
"(E) establishing mechanisms, by July 1, 1999, for meeting the time periods specified in this Act for the review of all applications and submissions described in subparagraph (A) and submitted after the date of enactment of the Food and Drug Administration Modernization Act of 1997; and
"(F) eliminating backlogs in the review of applications and submissions described in subparagraph (A), by January 1, 2000.

"(g) Annual Report.--The Secretary shall annually prepare and publish in the Federal Register and solicit public comment on a report that--

"(1) provides detailed statistical information on the performance of the Secretary under the plan described in subsection (f);
"(2) compares such performance of the Secretary with the objectives of the plan and with the statutory obligations of the Secretary; and
"(3) identifies any regulatory policy that has a significant negative impact on compliance with any objective of the plan or any statutory obligation and sets forth any proposed revision to any such regulatory policy.''.

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