Title II — Fees Relating to Devices
TITLE II Fees Relating to Devices
SEC. 202. Definitions.
“(8) The term ‘de novo classification request’ means a request made under section 513(f)(2)(A) with respect to the classification of a device.”
SEC. 203. Authority to Assess and Use Device Fees.
“(xi) For a de novo classification request, a fee equal to 30 percent of the fee that applies under clause (i).”
; and
“(b) Fee Amounts.—
“(1) In general.—Subject to subsections (c), (d), (e), and (h), for each of fiscal years 2018 through 2022, fees under subsection (a) shall be derived from the base fee amounts specified in paragraph (2), to generate the total revenue amounts specified in paragraph (3).
“(2) Base fee amounts specified.—For purposes of paragraph (1), the base fee amounts specified in this paragraph are as follows:
| “Fee Type | Fiscal Year 2018 | Fiscal Year 2019 | Fiscal Year 2020 | Fiscal Year 2021 | Fiscal Year 2022 |
|---|---|---|---|---|---|
| Premarket Application | $294,000 | $300,000 | $310,000 | $328,000 | $329,000 |
| Establishment Registration | $4,375 | $4,548 | $4,760 | $4,975 | $4,978 |
“(3) Total revenue amounts specified.—For purposes of paragraph (1), the total revenue amounts specified in this paragraph are as follows:
“(A) $183,280,756 for fiscal year 2018.
“(B) $190,654,875 for fiscal year 2019.
“(C) $200,132,014 for fiscal year 2020.
“(D) $211,748,789 for fiscal year 2021.
“(E) $213,687,660 for fiscal year 2022.”
“(B) Applicable inflation adjustment.—The applicable inflation adjustment for fiscal year 2018 and each subsequent fiscal year is the product of—
“(i) the base inflation adjustment under subparagraph (C) for such fiscal year; and
“(ii) the product of the base inflation adjustment under subparagraph (C) for each of the fiscal years preceding such fiscal year, beginning with fiscal year 2016.”
“(D) Adjustment to base fee amounts.—For each of fiscal years 2018 through 2022, the Secretary shall—
“(i) adjust the base fee amounts specified in subsection (b)(2) for such fiscal year by multiplying such amounts by the applicable inflation adjustment under subparagraph (B) for such year; and
“(ii) if the Secretary determines necessary, increase (in addition to the adjustment under clause (i)) such base fee amounts, on a uniform proportionate basis, to generate the total revenue amounts under subsection (b)(3), as adjusted for inflation under subparagraph (A).”
; and
SEC. 204. Reauthorization; Reporting Requirements.
SEC. 205. Conformity Assessment Pilot Program.
“(d) Pilot Accreditation Scheme for Conformity Assessment.—
“(1) In general.—The Secretary shall establish a pilot program under which—
“(A) testing laboratories may be accredited, by accreditation bodies meeting criteria specified by the Secretary, to assess the conformance of a device with certain standards recognized under this section; and
“(B) subject to paragraph (2), determinations by testing laboratories so accredited that a device conforms with such standard or standards shall be accepted by the Secretary for purposes of demonstrating such conformity under this section unless the Secretary finds that a particular such determination shall not be so accepted.
“(2) Secretarial review of accredited laboratory determinations.—The Secretary may—
“(A) review determinations by testing laboratories accredited pursuant to this subsection, including by conducting periodic audits of such determinations or processes of accredited bodies or testing laboratories and, following such review, taking additional measures under this Act, such as suspension or withdrawal of accreditation of such testing laboratory under paragraph (1)(A) or requesting additional information with respect to such device, as the Secretary determines appropriate; and
“(B) if the Secretary becomes aware of information materially bearing on safety or effectiveness of a device assessed for conformity by a testing laboratory so accredited, take such additional measures under this Act as the Secretary determines appropriate, such as suspension or withdrawal of accreditation of such testing laboratory under paragraph (1)(A), or requesting additional information with regard to such device.
“(3) Implementation and reporting.—
“(A) Public meeting.—The Secretary shall publish in the Federal Register a notice of a public meeting to be held no later than September 30, 2018, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the pilot program under this subsection.
“(B) Pilot program guidance.—The Secretary shall—
“(i) not later than September 30, 2019, issue draft guidance regarding the goals and implementation of the pilot program under this subsection; and
“(ii) not later than September 30, 2021, issue final guidance with respect to the implementation of such program.
“(C) Pilot program initiation.—Not later than September 30, 2020, the Secretary shall initiate the pilot program under this subsection.
“(D) Report.—The Secretary shall make available on the internet website of the Food and Drug Administration an annual report on the progress of the pilot program under this subsection.
“(4) Sunset.—As of October 1, 2022—
“(A) the authority for accreditation bodies to accredit testing laboratories pursuant to paragraph (1)(A) shall cease to have force or effect;
“(B) the Secretary—
“(i) may not accept a determination pursuant to paragraph (1)(B) made by a testing laboratory after such date; and
“(ii) may accept such a determination made prior to such date;
“(C) except for purposes of accepting a determination described in subparagraph (B)(ii), the Secretary shall not continue to recognize the accreditation of testing laboratories accredited under paragraph (1)(A); and
“(D) the Secretary may take actions in accordance with paragraph (2) with respect to the determinations made prior to such date and recognition of the accreditation of testing laboratories pursuant to determinations made prior to such date.”
SEC. 206. Reauthorization of Review.
“(ii) a device classified under section 513(f)(2) or designated under section 515C(d);
“(iii) a device that is intended to be permanently implantable, life sustaining, or life supporting, unless otherwise determined by the Secretary in accordance with subparagraph (B)(i)(II) and listed as eligible for review under subparagraph (B)(iii); or
“(iv) a device that is of a type, or subset of a type, listed as not eligible for review under subparagraph (B)(iii).”
“(B) Designation for review.—The Secretary shall—
“(i) issue draft guidance on the factors the Secretary will use in determining whether a class I or class II device type, or subset of such device types, is eligible for review by an accredited person, including—
“(I) the risk of the device type, or subset of such device type; and
“(II) whether the device type, or subset of such device type, is permanently implantable, life sustaining, or life supporting, and whether there is a detailed public health justification for permitting the review by an accredited person of such device type or subset;
“(ii) not later than 24 months after the date on which the Secretary issues such draft guidance, finalize such guidance; and
“(iii) beginning on the date such guidance is finalized, designate and post on the internet website of the Food and Drug Administration, an updated list of class I and class II device types, or subsets of such device types, and the Secretary’s determination with respect to whether each such device type, or subset of a device type, is eligible or not eligible for review by an accredited person under this section based on the factors described in clause (i).”
; and
“(C) Interim rule.—Until the date on which the updated list is designated and posted in accordance with subparagraph (B)(iii), the list in effect on the date of enactment the Medical Device User Fee Amendments of 2017 shall be in effect.”
“(E) The operations of such person shall be in accordance with generally accepted professional and ethical business practices.”
; and
SEC. 207. Electronic Format for Submissions.
“(3) Presubmissions and submissions solely in electronic format.—
“(A) In general.—Beginning on such date as the Secretary specifies in final guidance issued under subparagraph (C), presubmissions and submissions for devices described in paragraph (1) (and any appeals of action taken by the Secretary with respect to such presubmissions or submissions) shall be submitted solely in such electronic format as specified by the Secretary in such guidance.
“(B) Draft guidance.—The Secretary shall, not later than October 1, 2019, issue draft guidance providing for—
“(i) any further standards for the submission by electronic format required under subparagraph (A);
“(ii) a timetable for the establishment by the Secretary of such further standards; and
“(iii) criteria for waivers of and exemptions from the requirements of this subsection.
“(C) Final guidance.—The Secretary shall, not later than 1 year after the close of the public comment period on the draft guidance issued under subparagraph (B), issue final guidance.”